If you’ve been injured on public transportation, such as a city bus, subway, or school bus, you can—and should—pursue compensation. Whether the vehicle got into an accident or you experienced a slip-and-fall on board, there is one key question: who is responsible?
When a public transit vehicle is owned by a private company, your claim follows standard passenger personal injury procedures. You must prove negligence, such as driver error or equipment failure, caused your injury. However, if the vehicle is owned and operated by a city or state entity, the legal process becomes more complex. Let’s explore the unique challenges of government-owned public transportation cases and why consulting with an experienced attorney is essential to protect your rights.
The amount you can recover depends on the severity of your injuries, the evidence available, and whether negligence by the bus company played a role.
Why Public Transit Accident Cases Are Complex
One of the main challenges of suing the city or state for a public transit accident is the legal principle of sovereign immunity, which protects government entities from lawsuits. While this doesn’t mean you can’t sue, it does mean that certain exceptions and strict procedural rules apply. For example, cases in New Mexico must adhere to these rules:
- Written Notice: You must notify the government of your intent to sue within 90 days of the accident. This notice must include details about when, where, and how the injury occurred, as well as the amount of compensation you’re seeking.
- Statute of Limitations: In New Mexico, the general deadline for filing a personal injury lawsuit is three years, but this is reduced to two years for claims against the government.
- Compensation Limits: The New Mexico Tort Claims Act caps government-paid damages at $750,000 in total. This includes limits of $200,000 for property damage, $300,000 for medical expenses, and $400,000 for other damages such as lost wages or emotional distress.
Because each state has different rules and limitations for suing governmental entities, it’s crucial to hire an attorney with experience in public transit cases. Your lawyer will navigate the complexities of sovereign immunity, ensure compliance with all procedural requirements, and work to maximize your compensation.
What to Do After Getting Injured on Public Transportation
If you’ve been injured on a city bus, subway, or other public transit vehicle, taking immediate steps can strengthen your case:
- Take photographs from different angles of the scene, showing any property damage and any personal injuries.
- Get the contact information of witnesses and obtain a copy of the police report.
- Seek medical attention as soon as possible and document your injuries as evidence for your claim.
- Report the accident to the transit authority and request an official report.
- Consult with an attorney immediately to meet the shorter deadlines in public transit cases and ensure your claim is filed on time.
After hiring an attorney, they will take care of the necessary filings, and your case will move forward with a thorough investigation and fact-finding process. Your attorney will also manage all communications with the insurance company and the opposing party’s legal representatives.
Getting Full and Fair Compensation for a City Bus Accident
If you were injured in a public transit accident, you may be entitled to compensation for:
- Medical bills (current and future)
- Lost wages and reduced earning capacity
- Rehabilitation costs
- Property damage
- Pain and suffering (where allowed)
The amount you can recover depends on the severity of your injuries, the evidence available, and whether negligence by the bus company played a role.
Government insurance companies may offer settlements, but these often fail to cover long-term expenses like ongoing medical care or lost income. Before accepting any offer, consult with an attorney to ensure it fully addresses your needs. Signing a settlement agreement without legal review could bar you from pursuing further compensation.
If negotiations fail, your attorney can represent you in court. Determining fault in public transit accidents can be complex, but your attorney will work to protect your interests and maximize your recovery.
Why Public Transit Accident Claims Require an Attorney
Because public transit accidents dealing with government entities are more complex, attempting to handle these claims alone can jeopardize your ability to recover compensation. An experienced attorney will:
- Ensure Compliance with Deadlines: Filing a notice of claim and adhering to the statute of limitations are critical to keeping your case on track.
- Investigate the Accident: Your attorney will collect evidence, interview witnesses, and consult experts to determine the cause of the crash.
- Negotiate for a Fair Settlement: By working with your medical providers and reviewing your long-term needs, your lawyer will advocate for the compensation you need to recover fully.
- Prepare for Trial if Necessary: If negotiations fail, your attorney will take your case to court and fight for your rights.
Choosing the Right Attorney for Your Case
If you’re considering suing a government-owned public transportation entity, it’s essential to hire an attorney with the right experience and resources. Do they have experience handling public transit accident claims? Are they familiar with state- and city-specific rules? Do they have a track record of successful settlements or verdicts in similar cases?
At Kane Personal Injury, we have extensive experience handling city bus accident claims against government entities and fighting for injured victims. Let us handle the legal complexities while you focus on your recovery. Contact our law firm today for a free, no-obligation consultation. We will assess your situation and advise you on your legal options.