Public transit buses operated by city or regional transit authorities provide essential transportation services to millions of commuters daily. When accidents occur on these government-operated buses, injured passengers face a unique legal landscape involving sovereign immunity, strict notice requirements, and specialized claims procedures that differ significantly from private bus company claims.
Government Transit Authority Liability
Public transit authorities operate as government entities, which historically meant they enjoyed immunity from lawsuits. However, most states have waived this immunity for transit operations through tort claims acts that allow injured passengers to sue for negligence. Despite this waiver, government claims involve strict procedural requirements that can bar your case if not followed precisely.
Transit authorities owe passengers the same common carrier duty of heightened care as private bus companies. This means they must exercise the highest degree of care to ensure passenger safety, maintain vehicles properly, hire and train competent drivers, and provide safe boarding and alighting conditions.
Notice of Claim Requirements
Filing a notice of claim within the government-mandated deadline is absolutely essential. Unlike private lawsuits where you have years to file, government claims typically require administrative notice within 30 to 180 days of the accident, depending on your state and local rules. Missing this deadline usually results in permanent dismissal of your claim.
The notice must typically include specific information: the date, time, and location of the accident; a description of what happened; the nature and extent of your injuries; the names of any government employees involved; and the amount of damages you're claiming. Errors or omissions in your notice can provide grounds for the government to reject your claim.
Damage Caps and Limitations
Many states impose damage caps that limit the total amount you can recover from government entities. These caps vary significantly by state, ranging from 00,000 to several million dollars. Some states cap damages as low as 00,000 to 00,000 per person, which may not fully compensate victims with catastrophic injuries.
Certain types of damages may be limited or excluded entirely. Punitive damages are typically unavailable against government entities, and some jurisdictions limit recovery for pain and suffering or other non-economic damages.
Common Causes of Public Transit Accidents
Public transit accidents often result from driver error, including distracted driving, failure to ensure passengers are safely seated before moving, sudden stops or acceleration, and running red lights or stop signs. Mechanical failures from inadequate maintenance, defective buses, and poor road conditions also contribute to accidents.
Overcrowding on transit buses creates additional hazards, as standing passengers have no protection during sudden stops or collisions. Transit authorities have an obligation to manage passenger loads safely, though this is often difficult during rush hours.
Evidence Preservation
Transit buses typically have onboard video surveillance and electronic data recorders that capture crucial evidence. This evidence may be automatically deleted after a period of time, so prompt legal action is necessary to preserve it. Your attorney can send a spoliation letter demanding that the transit authority preserve all evidence related to your accident.
Other important evidence includes the driver's employment and training records, vehicle maintenance logs, prior complaints about the driver or that route, and any incident reports filed after the accident.
Filing Your Claim
The claims process typically begins with filing an administrative claim with the transit authority or relevant government agency. The government then has a specified period to investigate and respond—usually 30 to 90 days. If they deny your claim or fail to respond, you can then file a lawsuit in court.
Consult with an attorney immediately after a public transit accident. The short notice deadlines and complex procedural requirements make professional legal guidance essential. Many attorneys offer free consultations and work on contingency, meaning you pay nothing unless you recover compensation.