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What Happens if You Are Injured as a Passenger in a Bus or Train Accident?
Being involved in a traffic accident is traumatic enough when you are behind the wheel, but feeling the loss of control as a passenger in a mass transit vehicle can sometimes seem even more terrifying. Whether you are commuting to work on the train or hopping on a bus to get across town, you never expect your trip to end in an emergency room. If this happens, what comes next?
At The Law Office of Scott Righthand, P.C., we understand the confusion that can follow a public transit accident. Unlike a typical car crash where you exchange insurance information with another driver, accidents involving buses and trains usually involve complex regulations, government entities and specific filing deadlines. Knowing your rights and what you can do in these situations can be incredibly important.
How Is Liability Determined in a Transit Accident?
Determining who is at fault in a bus or train accident is rarely straightforward. Because these vehicles are often part of large municipal or private fleets, multiple parties may share responsibility.
Liability generally falls into one or more of these categories:
- The Transit Operator: If the bus driver or train conductor was speeding, distracted, under the influence or fatigued, their negligence makes them liable.
- The Transit Company or Agency: If the company failed to vet the driver properly or encouraged unsafe schedules, they may bear responsibility.
- Maintenance Crews: Mechanical failure due to poor maintenance (like brake failure on a bus) places liability on those responsible for vehicle upkeep.
- Third-Party Drivers: Sometimes the transit driver is innocent, and a separate motorist is found to have caused the collision.
- Government Entities: If a dangerous roadway design or malfunctioning traffic signal caused the crash, the city or state might be liable.
Determining which of these entities may be liable can complicate the aftermath of these accidents dramatically.
Common Injuries From Transit Accidents
Why is determining liability in a public transit accident important? The injuries from them can be severe and require significant medical, and therefore financial, intervention. Because buses and trains often lack seatbelts and passengers may be standing, injuries can be substantial even when caused by impacts at lower speeds.
Common injuries can include:
- Traumatic Brain Injuries (TBIs): These may be caused by striking the head against windows, rails or the floor.
- Spinal Cord Injuries: Life-changing injuries can result from the violent jerking motion of a train derailment or bus collision.
- Fractures and Broken Bones: Arms, legs and ribs are vulnerable during falls within the vehicle.
- Lacerations and Contusions: Broken glass and loose debris can cause significant soft tissue damage.
Even seemingly minor accidents can result in significant damage to passengers.
What Insurance Coverage Are Transit Companies Required to Have?
Public transit carriers in California are held to a higher standard of care than average drivers. They are “common carriers,” meaning they transport people and therefore must exercise the utmost vigilance for passenger safety. Such carriers are also held to high standards for insurance, with a requirement to maintain adequate liability insurance to cover damages. This required coverage exists to ensure that injured passengers have a pathway to compensation for medical bills and lost wages.
What Is Involved in Filing a Public Transit Claim?
Filing a claim against a public transit authority (like a city bus or metro rail) is significantly different from suing a private driver. The most critical difference is the timeline.
Here is the general process:
- Notice of Claim: Under the California Tort Claims Act, you typically have only six months from the date of the accident to file a formal claim against a government entity. Missing this strict deadline can bar you from recovering compensation.
- Investigation: The agency will investigate your claim. They may accept liability or reject the claim.
- Lawsuit: If your claim is rejected or the agency fails to respond, you then have a limited window to file a lawsuit in court.
Because the window for action is so small, speaking with an attorney immediately is vital. We can help you file a claim on time and preserve evidence before it is erased.
Find the Legal Help You Need
If you or a loved one has been injured on public transit, you face a unique set of legal hurdles. From identifying the liable party to navigating the strict six-month filing deadline for government claims, the process is often difficult for the average person to handle. However, you do not need to approach it on your own.
At The Law Office of Scott Righthand, P.C., we have successfully represented clients in cases involving bus, train and cable car accidents. We know how to stand up to large transit authorities and insurance companies alike to secure the justice you deserve. If you are ready to pursue what you need for your recovery, contact us today for a free case evaluation.
