If the government owns or operates the bus, be aware that there are different rules for filing a claim.
Across California and Arizona, many of us rely on buses every day, whether it is for our own transportation to work or elsewhere, or to get our children to and from school. While buses are generally safe, accidents do happen — and can lead to very serious injuries.
The question then becomes who exactly you can sue if you are in a bus accident involving bus that is owned by a city or government. Many of the buses that are on the road are either owned by a government agency (such as a local transit authority), or used by the government for a specific purpose (such as school buses). Can you sue the government if you are hurt in a bus accident involving one of its buses?
The short answer to this question is yes — you absolutely can sue the government because its negligence (or the negligence of one of its employees) led to you being hurt in a bus crash. But there are special rules for suing the government that require you to contact a lawyer as soon as possible after such an accident. You will likely have a much shorter period of time to file a claim, and will have to follow special procedures in order to recover money. A bus accident lawyer with substantial experience handling cases involving a governmental entity can be invaluable in this process, as he or she will know exactly how to make sure that your case can move forward.
Special Laws Involving Buses
Just as in car, motorcycle, and truck accident cases, to win a lawsuit involving a bus accident, you will have to prove that the bus driver or the owner of the bus was somehow negligent or at fault in causing the accident. This could happen in any number of ways—perhaps the bus driver wasn’t paying attention, the bus company didn’t properly maintain the bus, or maybe the company that hired the driver failed to adequately train them.
Companies that offer public transportation are typically subject to common carrier laws. These laws put a higher level of duty on people who operate public transit (like buses) because they are entrusted to care for a number of people at a time. Common carrier laws mean that people who operate buses, trolleys, trains, taxis, and even limos have a much higher duty to act reasonably. This type of law makes sense; a person driving a bus full of schoolchildren should be held to a much higher standard of care than a person driving themselves around town.
If the driver or any employee of a public transportation system was negligent and caused an accident as a result, then you could sue the city, county or state governmental body responsible for that form of public transportation. For example, if the accident involved a city bus, then you could sue the city itself for your damages. However, suing the government is more complicated than suing non-governmental entities such as an individual or business. In California, you often have to file a particular form with the government agency within 6 months of the accident to preserve your claim. If the claim is denied, then you will have a additional time to file a lawsuit. In contrast, a personal injury lawsuit can be filed for up to two years after the accident — and there is no requirement that a special claim must be filed beforehand.
Bus accidents often involve complex areas of law, including different time limits and filing requirements. At the Law Offices of Larry H. Parker, our attorneys are highly experienced in handling these types of cases. We have represented more than 100,000 clients and recovered more than $2 billion dollars in damages for our clients. We have the skill and know-how to handle your bus claim and any other type of personal injury case. Contact our office today at 800-333-0000 or info@larryhparker.com to learn more about how we can help you.
