Suing the City, County, or State for Injuries Due to Bus Accident
Can you sue the government or city if you were involved in an auto-bus accident? Can a passenger on the bus that sustained injuries and damages sue the bus driver?
Depending on a number of factors, you may be able to file a law suit against the responsible entity. However, if you were involved in an accident involving a public transportation vehicle, such as the Los Angeles Metro or Los Angeles Fire Department, it is vital that you contact a personal injury attorney that specializes in government tort claims because due to special laws that apply to government bodies and employees. If you were involved in an accident with a public transportation vehicle, call KAASS LAW for a free consultation with a personal injury lawyer specializing in government torts. Below are a few steps you take if you were the other car(s) that was/were involved in the accident.
Check on Your Fellow Passengers
If you have passengers make sure you check to see if anyone needs immediate medical attention.If anyone is injured it’s imperative that you wait for emergency personal to tend to injured passengers.
Depending on the severity of the accident it is important to try to not move anyone because this might aggravate their injuries
Call the Police
If there is significant property damage, physical injury, or death call the police.
If injuries are reported tell the office to write a police report and get the responding officer’s name, badge number, and what bureau the officer is employed with.
Laws Regarding Public Transportation Safety
Like most car accident cases parties will have to prove who the at-fault driver was. Public transportation companies are subjected to “common carrier” law in some states.
“Common carrier” law refers to the higher or highest degree of care that public transportation companies have to provide for their customers. Trolleys, trains, buses, taxis, and even limousines are subject to the “common carrier” law meaning they have a higher duty to act reasonably. Further, if the public transportation driver was found at fault there are special laws and rules that apply to government entities. If the driver/employee of public transportation is found negligence, you can file a claim or sue the city, county or state responsible for overseeing public transportation activities under Government Tort laws.
For instance, the if the accident involved the Los Angeles Metro the responding entity would most likely be the Los Angeles County Metropolitan Transportation Authority.
Statute of Limitations: The #Must662 Rule
Six months deadline to properly notify the proper entity overseeing that specific public transportation/bus, in writing of the precise circumstances of your accident.
You may have to file a special form provided by the responsible government agency. If you fail to file a claim with the correct entity within the 6-month statue, you may lose your chances of filing a lawsuit If you properly filed your claim and your claim was denied, it is required by law that you are put on notice of your legal rights regarding the 6-month statute of limitation to file lawsuit for personal injuries and damages sustained. If you have not heard from or unsure about the status of your claim, you may still have 2 years to file a lawsuit against the government entity.
If you are unsure if you have a claim, call KAASS LAW at (310) 943-1171 for a free consultation.