When you're injured on a public bus operated by a city transit authority, county transportation district, or regional transit agency, you're suing a government entity. This creates unique challenges including sovereign immunity doctrines, strict notice requirements, and potential damage caps that limit your recovery.
Understanding Sovereign Immunity
Sovereign immunity is the legal doctrine that historically prevented lawsuits against government entities. The government could not be sued without its consent. While this absolute immunity has been largely abolished, government entities still enjoy significant procedural protections that don't apply to private defendants.
Most states have enacted tort claims acts that waive immunity for negligent government operations, including transit services. However, these statutes impose conditions on suing the government that must be strictly followed.
Notice of Claim Requirements
Filing a timely notice of claim is the most critical step in suing a transit authority. Unlike lawsuits against private parties where you may have years to file, government claims typically require written notice within 30 to 180 days of the incident. Some jurisdictions have even shorter deadlines.
The notice must typically include specific information: the date, time, and exact location of the accident; a description of what happened and how the government was negligent; the nature and extent of your injuries; the names of government employees involved; and a specific monetary demand. Failing to include required information can result in rejection of your claim.
Notice must be served on the correct government entity through the proper method, often certified mail or personal delivery to a specific office. Serving the wrong agency or using the wrong method can invalidate your notice.
Damage Caps
Many states limit the damages recoverable from government entities. These damage caps vary widely. Some states cap damages as low as $100,000 per person or $300,000 per accident, while others allow several million dollars. Caps may apply to total damages or only to certain categories like pain and suffering.
For catastrophic injuries with lifetime medical needs, damage caps can severely limit compensation. While this seems unfair, courts have generally upheld these limitations as valid exercises of legislative authority to protect public funds.
The Administrative Claims Process
Before filing a lawsuit, you typically must exhaust administrative remedies by filing a claim with the transit authority or designated government agency. The government then has a specified period—usually 30 to 90 days—to investigate and respond. They may approve the claim, deny it, or offer a settlement.
If the government denies your claim or fails to respond within the statutory period, you can proceed with a lawsuit. However, the lawsuit must also be filed within applicable time limits, which are often shorter than standard personal injury statutes of limitations.
Special Immunities
Even when tort claims acts waive general sovereign immunity, certain government functions may retain protection. Discretionary function immunity protects policy-making decisions like route planning, service levels, and budget allocations. However, operational decisions like driving, maintenance, and passenger safety are typically not protected.
Some jurisdictions extend immunity for emergency operations or certain high-risk activities. Your attorney must analyze which immunities might apply and how to structure your claim accordingly.
Evidence and Discovery
Transit authorities must retain records of incidents, maintenance, driver training, and complaints. Public records laws may provide access to some information even before litigation. Your attorney can file public records requests to obtain incident reports, maintenance logs, and safety records.
In litigation, governments must respond to discovery requests like any other party, though some protective rules may apply to internal policy documents or personnel files.
Strategies for Success
Consult a lawyer immediately after any public transit accident. The strict notice deadlines leave no room for delay. An experienced government tort attorney understands the procedural requirements and can ensure your claim is properly filed and preserved.
Document everything from the accident scene, including photos, witness contact information, and your own detailed notes. Get medical treatment promptly and keep records of all treatment. Even with damage caps, building a strong liability case maximizes your recovery within those limits.