Public transportation can be a convenient way to get to or from work or other destinations. However, since you’re not in your own vehicle, figuring out what to do if you’re in an accident can be more difficult. If you’re riding public transport and someone else causes an accident, you can file a claim against that party in the same way you would if you were in a private vehicle. However, if the bus or subway operator was responsible for the accident or if you were injured because of unsafe conditions, you’ll need to pursue a claim against the transit company.
Most public transportation agencies in California are either independent government agencies or parts of the local government. This means that the city, county, or a specific agency may be liable. This type of claim is much more complicated than a lawsuit or insurance claim involving two individuals, so hiring an attorney is especially important.
When Can You File a Claim After a Public Transport Injury?
A traffic accident may be the first type of public transport injury that comes to mind, but it’s not the only situation that can leave you with pain and expensive medical bills. If you’re injured in a slip-and-fall accident while getting on or off a bus, a subway, or a train, you may be able to file a claim for those injuries.
Regardless of what happened, you and your lawyer will need to demonstrate that someone was negligent and that this negligence caused your injuries when you file a claim. If the transport agency knew that a spill had caused slippery conditions on its property and failed to clean up the spill or block off the area promptly, you may be able to file a claim.
When you file a claim, you’ll need to request damages to cover a specific financial loss or emotional injury. If you required medical treatment, missed work, or suffered some other monetary damage, this will often form the basis for your claim.
How to File a Claim Against a Public Transport Agency
The California Tort Claims Act sets the procedure for suing a public agency or local government department in California. There are a few important things to know when filing this type of claim. First, you have a six-month time limit to start the process after the date of the accident. This is much shorter than the regular two-year statute of limitations for personal injury claims. There are only a few limited circumstances where a late claim will be approved, so it is a good idea to send a notice of claim even if you aren’t sure if you plan to file a lawsuit later on.
You’ll send the notice to the government agency that owns the station or vehicle where you were injured. This notice is a written statement of what happened and what compensation you’re asking for. Some government agencies have a form for claims. Otherwise, you and your attorney will write a letter including the required information. Once you file, the agency has 45 days to respond to your claim.
Discuss Your California Public Transport Injury With a Lawyer Today
Public transportation is a great option when everything is running smoothly, but seeking compensation if you’re injured can be complicated. There are very specific requirements for filing a claim or lawsuit against a government agency, including most public transport companies, in California. Hiring a lawyer with experience in public transportation accidents can make sure you follow the process correctly and ask for a reasonable and appropriate amount of compensation.
The Kash Legal team is here to provide the legal guidance you need so you can focus on recovering from your injuries. Start the process with a free consultation. Call Kash Legal at 888-527-4128 or fill out our contact form to schedule yours today.
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