Injured in an MV Transportation Accident in California? Protect Your Rights

Understanding Your Legal Rights After an MV Transportation Accident in California

Prioritize Safety and Medical Attention Immediately After the Crash

In the moments following an MV Transportation accident, your top priorities should be ensuring your safety and the safety of others involved and seeking medical attention for any injuries. Call 911 to report the accident and request emergency medical services if needed. Even if you don’t believe you’ve been seriously injured, it’s essential to get a thorough medical evaluation, as some injuries may not be immediately apparent.

Gather Critical Evidence at the Scene of the MV Transportation Accident

If you are able to do so safely, collect important evidence at the accident scene that can support your legal claim. This includes: 

• Photos of vehicle damage, accident location, and visible injuries
• Contact and insurance information for the MV Transportation driver
• Names and contact details of any witnesses
• Police report or incident report number

Write down your own detailed account of how the accident occurred while the details are still fresh in your mind.

Filing an Injury Claim Against MV Transportation in California

As a private transportation company that contracts with public agencies, MV Transportation is subject to specific legal requirements when it comes to accident claims in California.

Submit a Government Tort Claim Within 6 Months

Under California Government Code Section 911.2, you must file a claim against MV Transportation using a standardized form within 6 months of the date of the accident. This form requires you to provide detailed information about the accident, your injuries, and the damages you’ve suffered. It’s highly recommended to consult with a knowledgeable personal injury attorney like Jonathan Kashani to ensure your claim is properly prepared and submitted.

File a Lawsuit Promptly if Your Claim is Denied

If MV Transportation denies your initial claim, you have limited time to file a lawsuit in court. California Code Section 945.6 generally requires you to file suit within 6 months of the denial. Failing to meet this deadline could result in losing your right to pursue compensation. In the case of State of California v. Superior Court, 32 Cal.4th 1234, the court emphasized the importance of promptly filing a lawsuit to preserve your legal rights.

Understand MV Transportation’s Heightened Duty of Care as a Common Carrier

Under California law, common carriers like MV Transportation owe a higher duty of care to their passengers compared to ordinary drivers. This means that MV Transportation and its drivers must exercise the utmost care and diligence to ensure passenger safety. The case of Gomez v. Superior Court, 35 Cal.4th 1125, highlights this heightened duty of care and its potential impact on injury claims against common carriers.