Navigating Legal Challenges in Public Transit Accidents
When you’re involved in a crash with a bus, train, or subway, the damages add up quickly. You’re likely looking at a totaled vehicle, significant injuries, lost wages, and more. However, getting fair compensation for a public transportation accident can be an uphill battle. Depending on who is liable for the accident, you may have to follow a different personal injury claim process. Working with the Southern California personal injury lawyers at DeWitt Algorri & Algorri can help you navigate the legal challenges posed by these crashes.
Why are public transportation accidents handled differently than crashes caused by private parties? There are laws governing how claims against the government must be handled. These laws are in place to protect government agencies from being bankrupted by a large injury claim. However, this doesn’t mean that you can’t seek compensation. In many cases, you simply have to follow a different procedure.
If you truly want to fight for all of the compensation you deserve, it’s time to talk to DeWitt Algorri & Algorri. For nearly fifty years, our team has advocated for consumers who have been wronged by negligent drivers, unethical manufacturers, lowballing insurance companies, and more. Our track record of successful cases shows that we have the experience needed to take on your complex public transportation case. Call us at 855-WINNING (946-6464) to set up a consultation right away.
Public Transit Accidents in Southern California
Public transportation is a key part of life in Southern California. This part of the country is known for its high prices and dense traffic, and public transportation helps chip away at both of those problems. Greyhound, Amtrak, Megabus, Metro Buses, and Metrolink are just a few of the options available throughout this region.
Buses, trains, and subways are driven by commercial drivers with specialized training and work experience. However, public transportation drivers are still human and prone to the same mistakes that any other driver might make. In March 2023, a school bus and two other vehicles crashed in the front yard of a house. In June 2023, an Amtrak train partially derailed in Southern California after hitting another vehicle that was blocking the tracks.
Any accident that ends with three vehicles in someone’s yard is serious, but when a bus that weighs several times more than a standard personal vehicle is involved, the potential damage is far greater. A car striking another car can cause serious damage, but it’s just as likely to cause minor property damage. The same can’t be said for an Amtrak collision—any situation in which a train is hitting a smaller personal vehicle is likely to end with multiple injuries.
Liability for Public Transportation Collisions
One of the challenging aspects of these cases is liability. Determining liability is crucial in any personal injury claim, but it’s fairly complex when you’re involved in a plane, train, or bus crash. If the driver of the commercial vehicle is to blame for the crash, their employer is liable for any damage they cause. It’s also possible that another entity is liable for the accident to some degree. For example, a bus that is poorly maintained or that was repaired using unapproved parts could crash because of a repair shop’s unsafe choices. In that scenario, both the company owning the bus and the victims of the collision would likely have viable claims against the repair shop.
It gets even more complicated if the liable party is a government agency.
Claims Against the Government
While some forms of public transportation are owned by private companies, some are owned by local, state, or federal agencies. This puts consumers in a tough position when they are involved in a crash, as it is far harder to file a personal injury claim against the government. Under the California Tort Claims Act, those who suffer damages because of a government agency’s or entity’s negligence may be able to receive compensation. The victim must file a claim against the agency. You have six months to notify the entity in question that you are filing a claim against them. You have to include your name, your address, a description of the bus or train accident, a description of your losses, the name of the person responsible for your injury, and the value of your losses. The last component varies, depending on whether your claim is worth more or less than $10,000.
The government may negotiate with a victim in the same way an insurance company would. It’s important to work with an attorney with experience in claims against government agencies.
Hurt in a Bus, Train, or Subway Crash? Call the Personal Injury Lawyers at DeWitt Algorri & Algorri Today
If you’ve been injured in a public transportation accident, you are on a very strict timeline. Waiting too long to seek legal assistance could mean forfeiting your claim entirely. Call the personal injury attorney’s at 855-WINNING (946-6464) or contact us online to schedule a free consultation now.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
