Public Transportation Accident Lawyer in California
Hurt on a bus, a train or at a station anywhere in California? When a public transit agency is responsible, a written government claim is generally due within six months — not the two years that applies to most injury claims. Talk to us before you speak to the agency’s claims representative.
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California legal deadlines
In California you generally have
6months
from the incident to present a written government claim when a public transit agency, city or county is responsible (Government Code § 911.2)
2years
to file a personal injury lawsuit against a private party, such as a private bus company or another driver (Code of Civil Procedure § 335.1).
The government claim comes before any lawsuit against a public entity. If the claim is formally rejected in writing, suit must usually follow within 6 months of the rejection notice (Government Code § 945.6).
Most buses, light rail lines, subways and commuter trains in California are run by public entities. That means the deadline most injured riders actually face is six months, not two years — and the two-year period does not rescue a claim that was never presented.
Miss that deadline and a strong case can end before it starts. It is the most common reason good transit claims fail in this state.
The Carrier Owes You the Utmost Care — and the Law Gives You Less Time
You paid a fare, found a seat or a handrail, and trusted someone else to get you there. Then the bus braked hard, the doors closed early, the train lurched, or another vehicle hit the one you were riding in. You had no control over any of it.
California law recognises that. A bus or rail operator carrying passengers for a fare is a common carrier, and a common carrier must use the utmost care and diligence for the safe carriage of its passengers (Civil Code § 2100). That is a higher standard than the ordinary care one driver owes another, and it covers getting on and getting off as well as the ride itself.
The higher standard comes with a harder calendar. When the operator is a public agency, a written claim has to reach the correct entity, in the correct form, generally within six months. Only after that step can a lawsuit be filed.
Meanwhile the agency or its claims administrator may contact you. They may ask for a recorded statement, suggest you were not holding on, or say the stop was unavoidable. None of that is a verdict. It is an opening position, and it moves when the video, the operator’s records and your medical file are in order.
The same deadline can apply if you were not a passenger at all. A pedestrian, cyclist or driver hit by a public transit vehicle, or a person hurt by a hazard at a public station or stop, generally faces the same six-month claim requirement. Knowing which rules apply to your situation is the difference between negotiating and guessing.
California Public Transportation Rules That Decide Your Claim
| Rule | What California law requires |
|---|---|
| Government claim deadline | A written claim is generally due within 6 months of the incident when a public transit agency, city or county is responsible (Government Code § 911.2). The claim must be presented before a lawsuit can be filed. |
| After the claim is presented | The entity generally has 45 days to act on the claim (Government Code § 912.4). If it is formally rejected in writing, suit must usually follow within 6 months of the rejection notice (§ 945.6). |
| Deadline to sue a private party | 2 years from the date of injury (Code of Civil Procedure § 335.1). This applies to private bus, shuttle and charter companies and to other drivers. Against a public entity, the two-year period does not save a claim that was never presented. |
| The common carrier standard | A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise a reasonable degree of skill (Civil Code § 2100). |
| Who is protected by that standard | Passengers, including while boarding and exiting. A pedestrian, cyclist or driver struck by a transit vehicle is generally owed ordinary care instead, but can still bring a claim against the operator. |
| Stations, stops and platforms | Injuries caused by the condition of a public station, stop or platform are generally handled as a dangerous condition of public property (Government Code § 835). The same six-month claim deadline applies. |
| Private and contracted operators | A privately operated shuttle, charter or tour bus is still a common carrier, but the ordinary 2-year deadline applies rather than the government claim rule. Where a private contractor runs a public route, both may need to be addressed. |
| If another driver caused the collision | A passenger can claim against the at-fault driver as well as, or instead of, the transit operator. Since January 1, 2025, California’s minimum liability limits for private drivers are $30,000 per person and $60,000 per accident (Senate Bill 1107, 2022), which several injured passengers may have to share. |
| If you were partly at fault | California uses pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Your recovery is reduced by your share of fault, but you are not barred even if you share the blame. |
| If the injured person is a minor | The two-year deadline is generally paused until the child turns 18 (Code of Civil Procedure § 352). Government claim deadlines are treated differently and should not be assumed to pause. |
Major Causes of Public Transportation Accidents in California
Transit injuries fall into three groups: passengers hurt on board, people hit by a transit vehicle from outside it, and people hurt at a stop, station or platform. Each has a different responsible party, so the first task is working out which one applies.
Collisions with other vehicles
Buses and light rail trains share the street with everyone else. A collision may be the transit operator’s fault, another driver’s, or both. Passengers are almost never to blame, and standing passengers have nothing to restrain them when the impact comes.
Sudden stops, starts and hard braking
A hard stop is not automatically negligence; operators sometimes brake to avoid a collision. The question is whether the operator used the utmost care in the circumstances. Pulling away before an older passenger is seated, or braking late for a light, is a different matter from an unavoidable emergency.
Boarding and exiting
The carrier’s duty covers getting on and getting off. Injuries happen when a bus stops away from the kerb, a step or ramp is not lowered, the vehicle moves before a passenger is clear, or the gap between train and platform is wider than it should be.
Doors closing on passengers
Doors that close on a person, a bag, a mobility aid or a stroller can cause crush injuries and falls, and can drag someone if the vehicle moves. Door sensors, operator checks and platform procedures are all recorded and can be examined.
Operator speed, distraction and fatigue
Transit operators must follow the same traffic laws as other drivers, including the basic speed law (Vehicle Code § 22350), and work long shifts on tight schedules. Hiring, training and supervision records often show whether an agency or company took those risks seriously.
Station, platform and stop hazards
Wet floors, broken stairs, poor lighting, damaged platform edges and faulty escalators or elevators cause many transit injuries away from any vehicle. Against a public entity these are dangerous condition claims (Government Code § 835), and they carry the six-month deadline.
Poor maintenance and equipment failure
Worn brakes, faulty doors, broken handrails and seats, and defective ramps or lifts are maintenance failures rather than driving errors. Inspection and repair histories for the vehicle are usually where these cases are decided.
Wheelchairs, paratransit and unsecured loads
Paratransit and accessible services depend on the operator securing wheelchairs and mobility devices correctly. When a securement is skipped or done badly, an ordinary turn or stop can cause a serious injury to the rider or to passengers nearby.
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Public Transportation Accident Injuries We Represent
The injury drives the value of the claim. Bus and rail passengers are often standing, unbelted and surrounded by hard surfaces, so even a low-speed event can cause real harm. Documentation from day one is what makes that clear.
Soft tissue injuries
Sprains, strains, whiplash and disc irritation are common after sudden stops and collisions. They are also the injuries most often described as minor or pre-existing, which is exactly why consistent treatment records matter.
Traumatic brain injury
Passengers strike poles, seat backs, windows and the floor. A concussion does not require losing consciousness; headaches, light sensitivity, irritability and trouble concentrating often surface days later.
Spinal cord and back injuries
Herniated discs, nerve impingement and vertebral fractures can require injections, surgery, or lifelong management. Complete or partial paralysis changes the entire structure of a claim, including future care costs.
Fractures and orthopaedic trauma
Falls on board, on steps and on platforms break wrists, hips, shoulders, ankles and ribs. Older passengers are especially at risk, and a hip fracture can mean surgery and months of rehabilitation.
Crush and door injuries
Hands, arms, legs and feet caught in doors, in the gap at a platform, or under a wheel can suffer crush injuries, nerve damage and, in the worst cases, amputation.
Catastrophic and permanent injuries
Pedestrians and cyclists struck by a bus or train often suffer the most serious harm. Injuries requiring lifetime attendant care call for life-care planning and economic expert analysis to value properly.
Wrongful death
When a transit accident is fatal, California law allows specified surviving family members to bring a wrongful death claim (Code of Civil Procedure § 377.60), and the estate may bring a separate survival action. If a public entity is responsible, the government claim deadline still applies.
Psychological injuries
Post-traumatic stress, anxiety about riding transit again and depression are real consequences of a serious incident and are compensable when properly diagnosed and documented.
After a transit accident in California: what to do
Get to safety and call 911 if anyone is hurt
Move away from traffic, tracks and doors if you safely can. If you need an ambulance, say so; do not wait until you get home.
Report it before you leave
Tell the operator or station staff what happened and ask for an incident or report number. An injury that was never reported is much easier to deny later.
Note the vehicle, route and time
Write down the bus or rail car number, the route or line, the direction of travel, the stop and the time. Those details are what identify the right video.
Get checked the same day
Adrenaline masks injury. Head, neck and back symptoms often appear a day or two later, and an early medical record answers the argument that something else caused them.
Photograph everything
The step, the door, the handrail, the platform edge, the wet floor, the seat, and your visible injuries. Conditions are often corrected quickly after a report.
Get witness names and numbers
Other passengers scatter at the next stop and are very hard to find later. A name and mobile number taken on board is worth a great deal months on.
Do not give a recorded statement
You are not required to give the agency’s claims administrator or any insurer a recorded statement. They are taken early for a reason, and used later to narrow your injuries and shift fault.
Keep every record
Your ticket, pass or fare card record, bills, referrals, prescriptions, pay stubs showing missed work, and a short daily note on pain and limitations.
Talk to a lawyer well before six months
The operating entity has to be identified and a written claim presented, generally within six months (Government Code § 911.2). Onboard video is kept for a limited time, so early contact matters here more than in most cases.
Speak With a California Public Transportation Accident Lawyer Today
If you were injured in a public transportation accident in Los Angeles or anywhere in California, you do not have to handle the claim alone. Akhavan Law Firm can review what happened, explain your legal options, and help you take the next step with confidence.
Call +1 310-694-8999 today to request a free consultation with a California public transportation accident lawyer. The sooner you get guidance, the easier it may be to protect evidence, meet the government claim deadline, and move your claim forward.
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Schedule a Free Consultation with a California Public Transportation Accident Lawyer
Do not wait to get legal help after a serious public transportation accident. Akhavan Law Firm can review your case, explain your options, and help you take the next step toward recovery.
No Win, No Fee — How Our Contingency Fee Works
You pay us nothing up front. Our fee is a percentage of what we recover for you, and if we recover nothing, you owe us no attorney’s fee.
California requires contingency fee agreements to be in writing and to state the fee rate, how costs affect your recovery, and that the rate is negotiable and not set by law (Business & Professions Code § 6147). You receive a signed copy before we begin.
We also explain case costs plainly — filing fees, records, expert witnesses — and how they are handled, before you decide whether to hire us. The consultation itself is free, with no obligation to proceed.
Working with our firm
We are a California personal injury firm led by founding attorney Edwin Akhavan, California State Bar #270338. We handle public transportation accident claims across the state, from disputed liability cases to catastrophic injury and wrongful death matters. Our main office is in Beverly Hills and we keep offices throughout California, so a local meeting is usually possible without a long drive. We work with clients in English and Spanish.
Public Transportation Accident Help Across California
This page covers the statewide rules. For the courts, transit agencies and routes where your injury actually happened, start with the office closest to you.
Related practice areas
Some cases fall under their own rules. If yours involved one of these, that page will be more specific:
Reviewed by Edwin Akhavan, Founding Attorney, California State Bar #270338
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Common questions answered
An injury on a bus, a train or at a station raises questions quickly: who is responsible, whether a government claim is needed, and how long you have to act. Below are plain answers to the questions we hear most from people injured on public transportation across California. They are general information; a free consultation is the place to talk about your own situation.
Public Transportation Accident Questions We Hear Most
How long do I have to bring a claim against a transit agency in California?
Generally you must present a written government claim within six months of the incident (Government Code § 911.2) before any lawsuit is possible. If the agency rejects the claim in writing, you generally have six months from that notice to file suit (§ 945.6).
The ordinary two-year deadline (Code of Civil Procedure § 335.1) applies to private parties, and it does not save a claim against a public entity that was never presented.
What should I do right after being injured on a bus or train?
Report it to the operator or station staff before you leave and ask for an incident number. Note the vehicle or car number, the route and the time, photograph what caused the injury, and get the names and numbers of other passengers who saw it.
Get checked by a doctor the same day, and speak with a lawyer before giving the agency or any insurer a recorded statement.
What standard of care do buses and trains owe passengers?
A higher one than ordinary drivers owe each other. Under Civil Code § 2100, a carrier of persons for reward must use the utmost care and diligence for their safe carriage, provide everything necessary for that purpose, and exercise a reasonable degree of skill. The duty covers boarding and exiting, not just the ride.
I was hurt when the bus stopped suddenly. Do I have a claim?
Possibly. A sudden stop is not automatically negligence, since operators sometimes brake hard to avoid a collision. The question is whether the operator used the utmost care in the circumstances. Onboard video, the operator’s account and what caused the stop usually decide it, and that evidence has to be requested promptly.
What if I was hit by a bus or train while walking, cycling or driving?
You can bring a claim against the agency or company operating the vehicle. If it is a public entity, the six-month government claim deadline applies to you just as it does to a passenger. A hazard at the location, such as a blocked sight line at a stop, can sometimes add a second responsible party.
What if I was injured at a station or bus stop rather than on board?
That is generally handled as a dangerous condition of public property (Government Code § 835). You need to show the condition created a foreseeable risk of the kind of injury you suffered, and that the entity created it or had notice in time to fix it. The same six-month claim deadline applies, and photographs taken straight away are often the most valuable evidence.
Does the six-month rule apply to private shuttles, charter and tour buses?
No. A private operator is still a common carrier, but the government claim rules do not apply, so the ordinary two-year deadline governs. Some public routes are run by private contractors, in which case both the contractor and the agency may need to be addressed. Do not assume which one you are dealing with; we check.
What if I was partly at fault?
You can still recover. California follows pure comparative fault, so your compensation is reduced by your percentage of responsibility rather than eliminated. If you are found 20% at fault, you recover 80% of your damages. Agencies often argue that a passenger was not holding a rail or was moving while the vehicle was in motion; that is an argument for a reduction, not a complete defence.
What does it cost to hire Akhavan Law Firm?
Nothing upfront. We work on a contingency fee, so we are paid only if we recover money for you. There is no hourly billing and no fee if we do not win. The consultation is free, and we can meet you at the office, at home or at the hospital.
Do you help Spanish-speaking clients?
Yes. Se habla español. Our team handles consultations, documents and case updates in Spanish, and this page is also available in Spanish.
Areas We Serve
Akhavan Law Firm APC handles public transportation accident claims throughout California. Our headquarters is in Beverly Hills and we have eleven more offices across the state, so you can meet an attorney close to home. Visit the office nearest you or call us today for immediate legal assistance.