A collision with a city bus can leave you with serious injuries, bicycle damage and questions about who should pay for your losses. Unlike a crash involving a private driver, a collision with a public bus may involve a government agency and special rules for seeking compensation. In California, a public entity may be responsible when its employee causes an injury through negligence while acting within the scope of employment.
Know the rules for government claims
Generally, before you can pursue an injury lawsuit against a public entity, you must first present an administrative claim to the appropriate agency. For claims involving personal injury or property damage, California law generally gives you six months from the date the claim arises to do so. If you miss that deadline, state law provides a limited process for seeking permission to present a late claim in certain circumstances.
A government claim generally must include information such as:
- The date, location and circumstances of the crash
- A description of your injuries or property damage
- The public employee involved, if known
- The amount claimed in certain cases
The correct agency depends on which public entity operated the bus, such as LA Metro, SFMTA or OCTA. Missing the deadline can jeopardize your ability to pursue compensation.
What if you share fault for the crash?
California follows a pure comparative fault rule. This means you may still recover compensation if you share responsibility for a bicycle crash, although your recovery may decrease based on your percentage of fault.
Evidence such as traffic camera footage, witness statements, photos and records from the transit agency may help establish how the collision occurred.
Understand your options after a bus crash
A collision with a public bus can leave you managing injuries while facing deadlines and procedures that do not apply to an ordinary vehicle crash. You do not have to sort through those requirements without guidance. An attorney familiar with bicycle and government claims can help identify the responsible agency, explain the applicable deadlines and address disputes over fault or compensation.
