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Filing a Personal Injury Lawsuit After a Public Transit Accident: What Victims Need to Know
Using public transportation can be a convenient and economical way to get around the city, whether you’re commuting to work or going on a sightseeing trip. When you get on a bus or board a train, you’re trusting the operator to get you safely to your next destination.
However, there are many accidents involving public transportation every year that leave victims with injuries and mounting medical bills. As a victim, one of your rights as a passenger is to pursue compensation for your injuries and damages.
The Prevalence of Public Transportation in California
The Los Angeles area is home to an extensive public transit network, including public buses and shuttles as well as light rail and subway systems. Around 880,000 people ride the bus every day, and hundreds of thousands more use the city’s rail system.
Public transportation is beneficial to those who can’t or don’t wish to drive or who find operating a vehicle difficult in the notoriously heavy LA traffic. It can also be more economical for many people, with the price of a Metro pass being far less than the financial burden of owning and maintaining a vehicle.
How California’s Pure Comparative Negligence Laws Apply to Public Transportation
California operates under pure comparative negligence law for personal injury cases. This means that victims are legally able to pursue compensation against a defendant as long as the victim wasn’t 100 percent at fault. This generally isn’t an issue in public transportation cases unless the passenger was doing something to disrupt the operator or distract them from their duties.
For example, if a passenger was up next to the driver of a bus and reached for the steering wheel, causing an accident, this could put them at fault for the crash. However, in this case, the other victims would still be able to pursue compensation from either the driver or the unruly passenger.
If you are determined to be partially at fault for an accident in California, you can still pursue a claim. However, the amount of damages you’re awarded is lowered in proportion to how much you were at fault.
Proving a Negligence Case Against a Public Transit Operator
Personal injury claims are generally based on showing that the defendant was negligent in some manner, and this is what caused the accident and, therefore, the victim’s injuries. There are four main points that must be proven in a personal injury case to win compensation.
The first is that the defendant owed you a duty of care. This is usually implicit in cases involving public transportation accidents because the driver automatically has a duty of care to any passengers.
The second element is that the defendant breached the duty of care. This means that they acted in some way that was negligent or willfully put the passengers’ lives at risk. Examples of this could range from speeding or not obeying traffic signals to operating the vehicle while under the influence of alcohol or drugs.
Next, the case must prove that the accident was caused by the defendant’s negligence. If there were other contributing factors, it could mean that someone else should be named as the defendant. Talking with an attorney about your case can ensure that you have correctly identified the defendant and have enough evidence to prove that the negligence directly caused the accident.
Lastly, you must show that you suffered damages. These can be both financial damages, such as medical expenses or lost income, and noneconomic damages, such as pain and suffering or emotional distress.
Filing a Personal Injury Claim After a Public Transportation Accident
One important thing to keep in mind when considering a personal injury lawsuit against a public transit company or driver is that the statute of limitations differs slightly for claims against government agencies. The normal statute of limitations for a motor vehicle accident in California is two years. However, if the public transit company qualifies as a government entity, a notice of claim must be filed within six months of the accident, according to the California Tort Claims Act.
The agency then has the option to accept your claim, reject it, or ignore the notice entirely. If the claim is rejected or ignored, you can pursue a claim through the civil court system, as long as it has been 45 days from your notice. If the agency accepts the claim, this generally means that they are agreeing to compensate you. However, they may still try to settle for less than you’re entitled to, so it’s important to have legal representation throughout this process.
What Should You Do After a Public Transit Accident?
If you’ve been injured in a public transportation accident, the first step is always to take care of yourself and ensure that your injuries are treated and documented. This also provides valuable evidence for your claim later on. If possible, take pictures of the accident and get the contact information for the other passengers or witnesses. It’s also a good idea to write down everything you can remember as soon as possible after the accident, as the stress and shock of the crash can make it harder to recall details later on.
Once your condition is stable, the next should be to call a personal injury firm that has experience with public transportation accidents. At the V&A Law Firm, our attorneys understand what these claims require and how to put together a winning case. Contact our office at 818-369-3270 to set up a free, 15-minute case evaluation today.
