If a city bus hits you, you may suffer serious injuries, pain and suffering, and lost income. It’s understandable to ask if you can sue the city bus company for damages. The answer to this question depends on several factors that this article will address. If you have questions about a recent bus accident injury, speak to a personal injury lawyer in your community. A personal injury lawyer can review your case for free and determine if you have a viable case.
How Do Bus Accidents Happen?
Bus accidents occur for various reasons, often involving a combination of human error, environmental factors, and mechanical or systemic issues.
Driver Error
One primary cause is driver negligence or error, as bus drivers, including those operating city buses, may become distracted, fatigued, or fail to adhere to traffic laws.
For instance, speeding, running red lights, or failing to yield can lead to collisions with pedestrians, other vehicles, or stationary objects. Busy urban environments, such big cities, amplify these risks due to heavy traffic and complex road networks.
Additionally, inadequate training or pressure to meet tight schedules can compromise drivers’ safety performance. For example, according to data from the Highway Patrol, human error is a leading factor in most vehicle accidents, including those involving buses.
Road Conditions
Environmental and road conditions also contribute significantly to bus accidents. Diverse geography means drivers face challenges such as slick roads from rain, foggy coastal areas, or poorly maintained infrastructure in certain cities. For example, uneven pavement or missing signage can cause a driver to lose control or misjudge a turn.
Pedestrians and cyclists in urban areas are particularly vulnerable when buses navigate crowded intersections or narrow streets. The city sometimes fails to maintain safe roadways or traffic signals, contributing to shared liability, as shown in lawsuits against municipalities for hazardous conditions that led to crashes.
Mechanical Problems
Mechanical failures and inadequate maintenance are other critical factors. City buses, heavily used in public transit systems, may suffer from worn brakes, tire blowouts, or steering issues if not regularly inspected.
Public transit agencies must maintain their vehicles to a high standard as common carriers; however, budget constraints or oversight lapses can lead to neglected repairs. For instance, a 2019 case in San Diego involved a city bus with faulty brakes that crashed into a pedestrian crosswalk, leading to a successful claim against the city.
Pedestrians
External factors, such as other drivers or pedestrians, also play a role. In some states, such as California, fault-sharing system divides liability when a pedestrian steps into a bus’s path or another vehicle cuts off the bus.
For example, a cyclist ignoring traffic signals can contribute to a collision, reducing the city’s responsibility. Additionally, rare but severe incidents, like a bus hitting a pedestrian due to a third party’s actions, can complicate fault determination. These accidents underscore the importance of thorough investigations, which often involve police reports, witness statements, and traffic camera footage, to establish causation and liability.
Suing The City For Your Bus Accident Injuries
Generally, it’s possible to sue the city for your bus injuries. However, you must follow specific procedures because a government agency runs the bus:
Government Claims Act
In California, for example, suing a public entity, such as a city, requires filing a claim under the California Government Claims Act. You must submit a formal notice of claim to the city within six months of the accident. This is a shorter statute of limitations than the standard two years for personal injury claims against private parties. If the insurance company rejects your claim or fails to respond within 45 days, you can file a lawsuit.
Liability
Generally, city buses are considered “common carriers”, meaning they must exercise a high standard of care for passenger safety. If the bus driver’s negligence or the city’s failure to maintain the bus caused the accident, you may have grounds to sue. You can also sue for defective road conditions or signage if they contributed to the incident.
Immunity and Challenges
The Westfall Act grants federal employees immunity from tort claims for actions taken within the scope of their employment; however, city bus drivers—usually classified as municipal employees—typically do not qualify for this protection. However, proving liability can be complex, as cities may argue the driver acted reasonably or shift some blame to you, which can reduce your compensation in some states, if you share responsibility.
Damages
You can seek compensation for medical expenses, lost earnings, pain and suffering, and property damage. If a loved one died, you can file a wrongful death claim as their legal next of kin.
Legal Assistance
Bus accident claims against a city are complex due to strict procedural requirements and potential defenses. Consulting a personal injury attorney familiar with local laws is highly recommended to ensure proper filing and to maximize your chances of a fair settlement.
Who Can Be Liable For A Bus Accident?
Determining liability for a bus accident, particularly involving a city bus, depends on the specific circumstances of the incident and involves analyzing multiple potential parties. The most immediate party is often the bus driver, especially if their negligence, such as distracted driving, speeding, or violating traffic laws, caused the accident. Since city bus drivers are typically municipal employees, liability often extends to the public transit agency or the city itself under the doctrine of respondeat superior, which holds employers responsible for the actions of their employees within the scope of their duties.
For example, the city or agency can be liable if a Los Angeles Metropolitan Transportation Authority driver causes a collision due to reckless driving. Claims against public entities must comply with the state’s Government Claims Act, which requires submitting a formal claim within six months of the accident. Each state’s timeline will vary. A personal injury attorney will know the local laws.
Beyond the driver and the city, other parties may share liability depending on the cause of the accident. Suppose the bus malfunctioned due to poor maintenance, such as faulty brakes or worn tires. In that case, the transit agency or a contracted maintenance company can be liable for failing to uphold the high standard of care required of common carriers. For instance, a 2018 San Francisco case held a maintenance contractor partially responsible for a bus accident caused by defective steering.
Additionally, if road conditions, such as potholes or unclear signage, contributed to the crash, the city or state department responsible for road maintenance may bear some liability. If your state has a fault-sharing system further complicates matters by allowing liability to be divided among multiple parties, including the victim if they contributed to the accident. An injury attorney will ensure you are not unfairly blamed.
Third parties, such as other drivers or manufacturers, can also be liable. If another vehicle’s reckless behavior forced the bus to crash, that driver or their employer (if driving commercially) can share responsibility. Similarly, if a defective bus component, such as a tire or brake system, caused the accident, the manufacturer may be liable under product liability laws.
For example, a case in San Diego involving a bus crash partially attributed to a defective tire, resulting in a claim against the manufacturer. Determining liability requires a thorough investigation, including police reports, witness statements, and, in some cases, professional analysis of mechanical or road conditions. An experienced bus accident attorney can help identify all liable parties to maximize compensation.
What Is My Bus Accident Claim Worth?
Determining the value of a bus accident claim depends on several factors, including the severity of injuries, the circumstances of the accident, and the liable parties involved.
When a city bus is involved, claimants often file against a public entity, triggering specific requirements under the laws in your state. Compensation typically covers economic damages, such as medical expenses, lost earnings, property damage, and non-economic damages, including pain and suffering. For minor injuries, such as sprains or bruises, claims can range from a few thousand to tens of thousands of dollars.
However, severe injuries, such as traumatic brain injuries, spinal damage, or amputations, can result in settlements or verdicts reaching hundreds of thousands or even millions of dollars, especially if long-term care or permanent disability is involved.
Another factor is the involvement of a public entity, which can complicate and potentially limit payouts. Under the Government Claims Act, you must file a claim within six months, and public entities often have robust legal defenses that can challenge liability.
For example, the city might argue the driver acted reasonably or that road conditions were not its responsibility. Legal fees, typically 25-40 percent on a contingency basis, also affect the final amount the claimant receives. When a loved one dies, you can seek additional damages for loss of companionship, though quantifying these losses proves difficult and varies widely.
Consulting an experienced bus accident attorney is critical to accurately assessing a claim’s worth. They can evaluate medical records, calculate future losses, and navigate the legal complexities of suing a city.
How Can A Bus Accident Lawyer Help Me?
A skilled bus accident lawyer can be instrumental in navigating the complex legal landscape that follows an accident involving a city bus, ensuring you receive fair compensation for your injuries or losses. They understand the specific laws and regulations that apply to public transportation cases and use this knowledge to build a strong case on your behalf.
Following Legal Procedures
First, they provide critical guidance on complying with state and local guidelines. Each state has a mandated period when filing a claim against a public entity, such as a city or transit agency. Sometimes this can be as short as within six months of the accident. This deadline is strict, and missing it can bar your ability to pursue a lawsuit.
A lawyer will prepare and submit a detailed claim, including evidence like medical records, police reports, and witness statements, to establish the city’s liability, whether due to driver negligence, poor bus maintenance, or hazardous road conditions. They ensure compliance with all procedural requirements, preventing public entities from using technical dismissals to deflect claims.
Investigate Accident
Beyond handling procedural requirements, a bus accident lawyer conducts a thorough investigation to identify all liable parties and build a stronger case. They access vital resources such as traffic camera footage, black box data from the bus, and professional testimony to establish fault—whether it lies with the bus driver, the transit agency, a maintenance contractor, or a third-party driver or manufacturer. This comprehensive approach uncovers every responsible party and boosts your chances of securing full compensation.
Maximize Compensation
Finally, a lawyer helps quantify and pursue the full scope of damages, including medical expenses, lost earnings, pain and suffering, and, in tragic cases, wrongful death damages.
For severe injuries, such as spinal damage or traumatic brain injuries, they consult medical professionals and economists to calculate future costs, ensuring long-term needs are covered.
In a recent year in a Los Angeles, California case, for instance, a lawyer secured a $1.5 million settlement for a pedestrian hit by a city bus by demonstrating the driver’s failure to yield and the victim’s extensive rehabilitation needs. If the case goes to trial, your lawyer will represent you in court, leveraging their knowledge of local and state law to counter defenses from well-funded public entities.
Contact A Personal Injury Attorney Today
If a city bus hits you, or if you were injured as a rider, act quickly to pursue justice. Government claims have strict timelines and you do not want to lose your right to compensation. A skilled bus accident lawyer will guide you through this tight deadline, investigate the crash, and hold the city or transit agency accountable for negligence.
You deserve full compensation for medical bills, lost earnings, or pain and suffering. Don’t let the city’s legal team undervalue your claim—secure experienced representation to fight for the compensation you deserve. Contact a qualified Redding personal injury attorney today for a free consultation. Time is critical, so act now to protect your rights and secure the justice you deserve. Remember, you pay nothing for your attorney’s services unless they win your case.