METRO AND BUS ACCIDENTS
What are My Rights if I get Injured on a Metro or Bus?
Metro and bus accidents can be devastating for commuters, causing injuries and potentially deaths. The causes of such accidents may include bus or metro driver negligence, poor maintenance, or infrastructure problems. In most cases, victims and their families suffer emotional and financial distress due to medical bills, lost wages, and other expenses. To prevent such accidents, authorities need to implement safety measures including regular vehicle inspections, driver training, and better road infrastructure. However, many times, these common carriers (companies that transports goods or passengers on regular routes at set rates) fall short of the of standards required of them. Common carrier negligence refers to the failure of transportation companies, such as metros or buses, to provide safe and reasonable care for their passengers. Common carriers have a heightened duty of care to their passengers, and violations of this duty can result in legal liability for damages. Examples of common carrier negligence can include slippery floors on buses or a negligent bus driver colliding with other motor vehicles on the road, causing injuries to passengers. Our personal injury attorneys are highly experienced in handling common carrier negligence cases and can certainly help you if you have been involved in a bus or metro accident.
Can I Sue for Metro or Bus Accidents?
Depending on the cause of the accident, you may be able to sue for the injuries caused by a metro or bus accident. The specific laws that apply vary on the cause of the accident. For example, if the cause of the accident was due to a collision in which the bus or metro driver is at fault, then various sections of the California Vehicle Code may apply. Additionally, if the metro or bus is owned and operated by a public entity such as the transportation authority, then the liability of the bus or metro driver, in addition to the vehicle code, will be based on Government Code section 815.2(a), which states, "A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative." If the cause of the accident was a slip-and fall while onboard the bus or metro, then Government Code section 835 applies, which states "Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury..." Moreover, as common carriers, busses and metros have a heightened duty of care as emphasized within California Civil Code Section 2100, which states that "A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill." Thus, if you are injured on a bus on the metro, it is crucial to contact a personal injury lawyer to defend your rights.
How Do I Sue for a Metro or Bus Accidents?
Taking legal action of any kind, including suing for metro or bus accidents, can be complicated. There are many steps that need to be followed before a lawsuit is filed, and even more steps must be completed after. These steps may include filing a government claim and obtaining relevant police and medical reports, among many others. Although many of these steps can be completed without a personal injury attorney, often times people filing the forms on their own behalf may miss deadlines or omit important information that should have been included. For this reason, it is highly advisable that you consult our personal injury lawyers. Our personal injury attorneys will ensure that all of the required and advisable steps are met and will maximize your chance of winning your lawsuit.
What If I Have No Evidence?
Many people who have suffered the metro or bus accidents fail to take any action against those who caused it because they believe that there is no evidence of illegal actions. However, our personal injury attorneys have various ways to obtain the evidence needed for your lawsuit. For example, we can request documents (including emails and other electronic evidence) from anyone involved, we can request the security footage from both the interior and exterior of the bus or metro, we can subpoena witnesses to testify, and even take the deposition of the people who caused the accident. Very often there is more evidence than you might think exists, and this evidence can help strengthen your case.
Are There Deadlines for Filing a Lawsuit?
Metro and bus accident cases have numerous deadlines that can come up fast, so it’s important that you speak to our personal injury attorneys as soon as possible. Generally speaking, a lawsuit for a metro and bus accident must be filed within two (2) years of the accident. However, as most busses and metros are owned and operated by public entities, the Government Tort Claims Act is applicable, which means that a claim against the proper entity must be filed within six (6) months of the accident. Furthermore, if a rejection of the claim is received from the public entity within forty five (45) days of filing the claim, from that point, the statute of limitations or deadline for filing a lawsuit is six (6) months. Because of the many and complicated deadlines involved in a bus and metro accident cases, it is important to retain a personal injury lawyer and file a lawsuit before the statute of limitations – or deadline – expires on any of your potential claims.
What Is My Case Worth?
Generally speaking, metro and bus accident cases have three types of damages: 1) economic, or special damages; 2) non-economic, or general damages; and 3) punitive damages. The value of your case depends in large part on these factors, as well as a fourth – liability.
Economic, or special, damages include payment for past and future medical expenses, and past and future lost earnings, among other types of losses. Non-economic, or general, damages include your pain and suffering. For example, if you injure your arm and require surgery, the pain and suffering stemming from the injury, the resulting surgery, and the loss of use of that arm while you’re recuperating, may be compensable as a non-economic injury. Non-economic damages also include loss of consortium – damages that the spouse of an injured person incurs, such as loss of companionship and support. Because you must prove that you sustained these damages, it’s important to get all medical treatment and psychological care that you need.
Punitive damages, although rare, exist to create a deterrent for bus and metro companies and drivers from behaving in a similar manner. To obtain punitive damages, you must show that clear and convincing evidence that the defendant acted with oppression, fraud or malice.
The last factor is liability. Every case has good facts and bad facts. The more good facts there are in your case, the more likely it is that you will win at trial, and the more likely it is that the defendant will pay more to settle the case. How do your attorney and the defendant's attorney discover good and bad facts? Through the discovery portion of the case, described above. This means that the value of a case can change as both good and bad facts are discovered throughout, and why a good personal injury lawyer can maximize the value of your case.
GET HELP NOW
Our personal injury attorneys have over a decade of experience fighting for the injured against the largest insurance companies in the country. Our office handles all manner of personal and catastrophic injury claims throughout California, including Los Angeles, Orange, Riverside, San Bernardino, San Diego, Imperial, Ventura, Santa Barbara, and Kern counties. If you or a loved one has been injured, please contact our office for a free consultation.