When you step onto a city bus, you expect to be safe as the driver takes you where you need to go. If you are hit by a bus while crossing the street or perhaps even tripping entering it, you hold the city responsible for those incidents. So, it's important to consult with a San Diego bus accident attorney as soon as possible to protect your rights and pursue the compensation you deserve.
There are several factors to keep in mind to know if you can sue the city if you were hit by a city bus.
Schedule A Free Case Evaluation Today!
You Can Sue Public Transportation When They Are Responsible
Public transportation organizations are often run by the city or a department within the city. This means the city is responsible for the organization’s actions. By default, that means they are also responsible for any injuries a person suffers due to the actions or inactions of the driver or other representing official.
Though your city rules may play some role in this process, in most situations, the city is responsible for any losses you have incurred due to the actions of the public transportation organization and its employees. This includes most of the losses you have due to medical bills, pain and suffering, and missed time at work.
The problem is, though, that you have to prove the city was responsible and that you are owed the compensation as a result. Proving negligence at this scale can be challenging, but with the help of a bus accident attorney, you may have the tools and resources you need to move your case forward.
Identifying Who Is Responsible for a City Bus Accident
One of the first steps in this process is determining who is at fault. This depends on the type of transportation system. Here are a few factors to consider.
- The city owns the bus. In some public transportation incidents, the city owns the buses, which means they are directly responsible for any damages caused by those businesses.
- A transportation operator owns the businesses and employs the driver. Sometimes, the city may not own the actual public transportation but instead may subcontract that service out to another company. You may need to turn to the transportation company for compensation in that case.
In both situations, you can seek compensation for the losses you have. The question is who to seek those funds from. When you work with a bus accident attorney, you will gain more insight into the responsibility of all parties, including the city.
There are some situations where the city may be responsible for the actions of the public transportation operator because they did not vet the organization or were negligent in another way. The difficult process here is that the burden of proof is on you, the victim. That means you must prove that the party that struck you and the city are responsible for the losses you have. That is not always easy to do and often requires the experience of a personal injury attorney.
Is the Government Immune to Lawsuits?
Government immunity is a key factor to consider when suing the city for losses like this. Under many state laws, the government has immunity, as do its employees. That aims to help provide the government with some level of protection against claims made against it.
However, this is not always the case, and in some situations, there are exceptions to the rule. For example, negligent operation of a motor vehicle may be an allowable exception to this rule. That means that if this exemption is in place, you can file a claim for the compensation you are owed due to the motor vehicle accident. The immunity gets waived in situations where the driver caused injury or death to another person due to the negligent operation of the vehicle.
This is another instance in which you need to work closely with a bus accident attorney who can identify if any exemptions like this exist and what steps you need to take to prove negligence.
How to Establish Negligence in a City Bus Accident
It may seem simple. You were hit by a bus. You have injuries. The city should pay for them. A core component of this process is proving negligence. That means that you need to show that you should have been safe and that the bus driver or other party was responsible for you not being safe.
To establish negligence, you must prove four factors occurred:
- You were owed a duty of care.
- The actions of the city or bus driver breached that duty of care.
- The breaching of that duty of care directly caused your injuries.
- You suffered injuries and other losses due to the accident.
In a bus accident, you were not likely hit deliberately. Rather, it was likely due to carelessness, irresponsibility, or reckless behavior by the bus driver and the city. There are many factors you must consider in this process of establishing negligence. Your personal injury attorney will work closely with you to better understand what occurred and why. That can help shed light on how the city may be responsible for your losses.
What Causes a Bus Driver to Strike a Person?
Determining the cause of a bus accident like this takes some careful consideration. The goal is to best understand the circumstances that led up to the accident. We also need to consider the overall actions of all involved and how the city may or may not be responsible.
Some of the most common causes of a bus accident like this include:
- Distracted drivers who are not paying attention to what is occurring on the roadway
- Fatigued drivers
- Disruption on the bus that distracts the driver
- Other motorists and their actions
- Intoxicated drivers (from alcohol, illicit drugs, or prescription medications)
- Hazards on the roadway that cause the driver to swerve
- Vehicle malfunction
- Lack of training and experience of the driver
Showing that the city is responsible for negligent behavior requires understanding these details. For example, if the driver lacks proper training and perhaps was not licensed in the state to operate the size or type of vehicle they were, that can indicate a city's failure to keep you safe. If the city allowed a driver to work too many hours in a row, making them vulnerable to falling asleep behind the wheel, that can also be indicative of the city being at fault.
Determining Your Losses When You Are Hit by a City Bus
Another step in this process is understanding all of the losses you have. Before you can approach the city’s liability insurance coverage with a claim or take legal action in a court of law, you need to have some insight into what your losses are. Here is a look at some of those costs that may apply.
Medical Bills
Many times, a large bus striking a person will cause long-term and permanent injuries. You may have needed emergency medical care, spent time in the hospital, and had surgeries to repair the damage. You may also have had to obtain ongoing rehabilitation, take pain medications, and work through mobility limitations requiring the use of assistive devices.
These medical bills should be a loss, you claim. It is essential to be extensive and comprehensive in outlining all of these losses. You may have bills from the hospital showing your loss, but do not overlook other medical bills from specialists or the care you may need to continue to receive well into the future.
Other Losses
Most of the time, victims will have other losses as well. This can include loss of property and lost time at work. Look beyond this, too. Will you struggle in pain for years to come due to the accident? Will you be unable to work the same job you were working because of these injuries?
Your personal injury attorney will pursue a better understanding of all levels of loss you have experienced. That includes losses at the time of the accident as well as losses in the future. Using a high level of experience and case research, it is possible to put a value on all of these losses.
Pain and Suffering Claims
You may be eligible for pain and suffering claims and other non-economic losses. These losses are typically more complex to determine because they do not have a specific bill associated with them. Yet, if you were hit by a bus, you have the very real possibility that you have long-lasting injuries and ongoing pain and suffering.
To determine if you qualify for pain and suffering claims, emotional trauma, loss of quality of life, and other non-economic losses, work closely with your bus accident attorney. Document all of the ways this incident has impacted your life so that you can fight for full and fair compensation for those losses.
Is It Worth Taking Legal Action Against the City After a Bus Accident?
While every situation is very different, there are some very big reasons why you may need to take legal action against the city. If you suffered injuries due to the negligence of the government or its employees, like the bus driver, they must cover your financial losses. They have insurance in place for this purpose. You are not necessarily harming your city by filing a claim for compensation they owe to you.
Second, holding the government accountable for its actions helps to promote safety within the community. Why did this incident happen? Is a bus stop in a bad location that puts people at risk? Did they not have effective hiring practices in place to vet drivers properly? What might have been done to prevent this from occurring? In many cases, when you take legal action to fight for the compensation you deserve, you are also facilitating changes to protect others.
A bus accident is a serious incident. Most people involved in a bus accident will suffer in numerous ways:
- Pain and suffering that become chronic
- Loss of mobility
- Loss of ability to engage in activities you once did
- Loss of earning capacity
- Impact on your relationships
- A shortening of your lifespan
- Injuries that may not heal fully, leaving you with the need for additional care
The list of losses you have suffered can be much more extensive than this. No matter your specific losses, a bus accident like this will likely impact you at some level. When someone else causes that impact, you should receive full and fair compensation for every one of your accident-related losses.
How a Bus Accident Attorney Can Help You
Suing the city for a bus accident can be complicated, and in some situations, there are numerous attorneys and insurance adjusters working against you to minimize the compensation paid out. For that reason, it is critical to have a trusted, experienced attorney by your side.
A bus accident attorney will guide you throughout the entire process, including:
- Determining if you can sue the city
- Examining the potential damages you have
- Understanding who is responsible for your case
- Uncovering why this occurred
- Estimating the long-term impact of your case
- Filing a claim for your losses with the city
- Going to court when necessary to fight for the compensation you are owed
Reach out to a bus accident attorney today. Set up a consultation to discuss your case in the privacy of an office. Let an attorney offer insight into whether you can sue the city for a bus accident and the legal steps to do so. You can count on their experience to seek the best possible outcome in a case like this. Do not wait to call a bus accident attorney today.
Consult a Bus Accident Lawyer Today
Timelines are already short in personal injury cases, and they can be much shorter when a government agency is the liable party. You should never delay consulting a bus accident attorney in your area. They will know how to identify liability and take the necessary steps to seek compensation within strict timelines.
Case evaluations are free, so never wait to discuss a possible case with a trusted law firm.
Schedule A Free Case Evaluation Today!
Ashley Rae Rawlins
Founder and CEO - Rawlins Law Accident & Injury Attorneys, APC
Personal Injury Attorney
Author's Bio