Reviewed by Adrianos Facchetti, Attorney at Law. CA State Bar No. 243213. The information provided on this page has been checked for its accuracy and clarity of law regarding California personal injury cases involving bus accident victims in Culver City. To confirm Adrianos Facchetti’s license, visit California State Bar’s attorney directory.
The initial issue when dealing with a case involving a bus accident is not only about how the accident occurred but also about the type of the bus involved and the party that controls it. It is important to know whether the bus involved is from Culver City, from LA Metro bus, from a school bus, from a private shuttle service, a charter or tour bus, or from the employer’s bus in order to find the right parties that should be liable for the damages caused by the accident.
If you have been injured in a bus accident in Culver City, it is more important to make the distinction rather than in a regular car accident. An attorney from Culver City Personal Injury Lawyers can conduct a free evaluation of your case.
Public Bus or Private Bus? The Distinction May Alter Your Claim
It impacts nearly every aspect of how a claim for your injuries may unfold.
Governmentally or publicly owned transportation systems include buses such as the Culver City Bus system or, depending on the particular route, LA Metro. These types of governmentally controlled transportation providers mean there are certain legal procedures that must first be followed in order to make a claim.
Private transportation encompasses charter buses, buses owned by hotels or airports, tour buses, employer transportation buses, and other private transportation systems. These claims will follow the typical personal injury claim process rather than requiring a government claim first.
Not all public bus claims are alike, and neither are all private bus claims. However, what does matter is to determine the actual operator as soon as possible because it affects to whom the claim must be made, what insurance is applicable, what notice provisions are required, defenses available to the defendant, and control of evidence.
The Six-Month Government Claim Rule Can Matter Early
If the accident you were in involved a public transportation vehicle, then time becomes an important issue much more quickly than many realize.
Under California Government Code Section 911.2, claims for personal injury or wrongful death against public entities are required to be filed within six months of accrual of such claim. This is not the same as a statute of limitations for the filing of the lawsuit. Rather, it is a separate claim-filing provision that must occur before any governmental lawsuit is filed, generally speaking.
Whether this rule applies, and if so exactly how, will vary depending upon which government entity is involved in your particular case and the facts of your specific situation. It would be wrong to say that all public bus claims have precisely six months in every instance, because there may be some special exceptions and procedures that apply.
Instead, if your case involves a private bus company, a different rule is likely to apply.
Bus Evidence Can Disappear Long Before a Lawsuit Is Filed
There are several types of evidence in bus accident cases that simply do not even apply to an average auto accident case, and, what’s worse, it is not under your control.
✓Surveillance video on board the bus (both inside and outside)
✓GPS data
✓Communication records between the dispatcher and the driver
✓Driver schedules
✓Driver training logs
✓Accident reports from the transit agency or company
✓Inspection and maintenance records
✓Information about the bus route
✓Vehicle data (where applicable)
✓Contact information for witnesses
✓Photos of the accident scene and vehicles
✓Medical records
✓Police reports or, in some cases, transit agency reports
This data may well be overwritten or deleted in the ordinary course of business in just a matter of days after the accident. It is not some kind of a rigid timeline that is relevant to all the systems; however, the bottom line here is that you need to identify this evidence and issue the request of its preservation as soon as possible.
Who Could Be Held Liable For the Culver City Bus Accident?
Whether any party would be liable will hinge solely on why the accident happened and who was in control of the relevant factor/decision at the time.
Depending on the circumstances, a number of people could potentially be held liable in connection with the incident, including:
✓The bus driver
✓The transportation company operating the bus
✓A private company providing the buses
✓The school district or private school, if applicable
✓The company responsible for bus maintenance
✓The bus or defective-parts manufacturer, when a defect contributed to the accident
✓Another negligent motorist who caused or contributed to the collision
✓A public entity when a dangerous condition of public property contributed to the accident
All accidents do not involve multiple parties being sued in the suit. In some instances, it may simply be the case of another motorist’s negligence and not a complicated liability issue. In case a public employee negligently operates a bus during the course of his or her employment, Section 17001 of the California Vehicle Code comes into play. In case it was a dangerous condition of public property that caused the accident, Section 835 of the Government Code applies instead.
Passengers Are Not the Only People Who Can Be Injured
Claims against a bus can include situations other than those involving a passenger riding in a bus at the time of an accident.
A passenger may suffer injury while riding on a bus, boarding a bus, or disembarking a bus where unexpected motion of the bus or malfunctioning of steps or doors results in injury. Pedestrians may be struck by a turning bus or by a bus leaving a stop. Bicyclists may suffer a collision during a bus lane change or a turning maneuver. A motorcyclist or another motorist may be involved in a collision with a bus. The worst-case scenario involves filing a claim for wrongful death following a fatal bus accident.
These different types of accident cases will each have their own particularities, such as different evidence or questions of liability. Where a passenger is involved, his or her case may depend on California Civil Code § 2100, requiring utmost care and diligence in providing safe transportation of passengers. This special duty applies normally to the relation between the carrier and its passengers but does not apply automatically to others, such as pedestrians or motorists, who may be affected by the bus operations. Their cases would be decided according to ordinary negligence laws.
Where people have been injured outside the bus, for example, by being hit in a crosswalk or on a roadway, you may find our Culver City pedestrian accident lawyer page useful in looking into fault and evidence issues. Our Culver City car accident lawyer page addresses California negligence and insurance issues that may arise where another vehicle was involved in the collision.
Medical Bills, Loss of Wages, and Other Damages Following a Bus Accident
The type of damage you may recover following a bus accident claim will depend on the seriousness of your injuries.
Examples of economic losses:
- Emergency services
- Hospital stay
- Rehabilitation services
- Future medical care, backed up by medical evidence
- Lost wages
- Diminished earning capacity
- Reasonable out-of-pocket losses
- Damage to property, if applicable
Examples of non-economic damages:
- Physical pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Permanently disabling injuries or disfigurement, if there is supporting evidence
If your loved one dies from a catastrophic transit accident, you can learn more about your rights in our Culver City wrongful death resources center.
There is no average settlement amount for a bus accident claim that holds true in all circumstances. How much your claim is actually worth will depend on the seriousness of the injury, liability evidence, future medical treatment required, lost wages, who is at fault (a government entity or private company), insurance coverage, and the impact the accident had on you in the long term.
Free Case Evaluation Following a Bus Accident in Culver City
If you were hurt in a bus accident in Culver City regardless of the company (Culver City Bus, LA Metro, private shuttle, etc.) that owns the bus, our law firm will provide a free evaluation to assist with determining what took place and what deadlines may have already expired.
We will be able to determine whether the bus involved in the accident is public or private transportation, what type of evidence should be collected to avoid its loss, and what impact your medical treatment and communication with insurance so far will have on your case. Our firm works on contingency fees only.
