Quick Answers — What You Need to Know Right Now
If you were hurt on a bus, Metro train, or other public transit vehicle in California, the rules are different from an ordinary car accident — and the deadlines are shorter. Here are the most important facts:
- You have six months from the date of injury to present a formal government tort claim against a public transit agency — this is the rule under Cal. Gov. Code §911.2.
- Missing that window almost always ends your right to recover anything, no matter how serious your injuries.
- Public transit agencies are common carriers under Cal. Civ. Code §2100 — meaning they owe you the highest duty of care the law recognizes.
- After a written rejection, you then have only six more months to file a lawsuit in court (Cal. Gov. Code §945.6(a)(1)).
- Private buses (charters, tours, private shuttles) follow the ordinary two-year personal injury deadline under Cal. Code Civ. Proc. §335.1 — not the government claims process.
- Multiple parties can share fault — the transit agency, the driver, another motorist, or a road-maintenance body.
- Workers hurt on a bus during their job duties may have both a workers' comp claim and a third-party personal injury claim running at the same time.
If you've been injured on a bus or transit vehicle in California, call (818) 794-9947 for a free consultation. No fee unless we win.
Why Claims Against Public Transit Follow Special Rules
A crash involving a city bus, a Metro train, or a county transit vehicle is not the same as a crash involving a private car. The moment a government agency operates the vehicle, a separate body of law applies — the California Government Claims Act, codified in the California Government Code.
The reason these rules exist is rooted in the doctrine of sovereign immunity. Historically, governments could not be sued at all. California has waived that immunity — but only on specific terms and within specific deadlines. If you don't follow the process exactly, the courts will dismiss your case even if you were seriously hurt and the agency was clearly at fault.
This matters for anyone injured on:
- Metropolitan Transportation Authority (Metro) buses and trains in Los Angeles County
- LADOT Dash or Commuter Express buses
- Foothill Transit, Culver CityBus, Santa Monica's Big Blue Bus
- Metrolink or Amtrak trains (note: federal rules layer in for Amtrak — consult an attorney)
- School district buses operated by a public school or district
- Any city- or county-operated shuttle or paratransit van
If the vehicle's operator is a government body or a government-funded public agency, the Government Claims Act process applies to you.
The Six-Month Deadline Under Cal. Gov. Code §911.2
In California, if you are injured on a public bus, Metro train, or any government-operated transit vehicle, you must present a government tort claim within six months of the date of your injury under Cal. Gov. Code §911.2 — miss that window and you lose the right to sue.
This is not the deadline to file a lawsuit. This is the deadline to present a formal written claim to the public entity itself. Think of it as a required first step before you are even allowed to sue.
The six-month clock starts on the date of the injury — not the date you discover you are hurt, and not the date you hire a lawyer. For most transit accidents the injury date is obvious. Cumulative injuries (for example, chronic back pain that worsens over months of riding) can raise questions about when the "date of accrual" is — another reason to speak with an attorney early.
What happens after you file the claim?
The transit agency (or the city, county, or government body that operates it) then has 45 days to accept or reject your claim. If they reject it in writing, you have six months from the date of that rejection notice to file a lawsuit in superior court — that is the rule under Cal. Gov. Code §945.6(a)(1).
If the entity never sends a written rejection at all, Cal. Gov. Code §945.6(a)(2) gives you two years from the date the claim accrued to file suit. But you should never rely on this provision as a strategy — it is a protection against an agency's silence, not an invitation to delay.
What if you miss the six-month deadline?
You can file a written application asking the public entity to allow a late claim, but the law sets narrow grounds — and the agency has every incentive to say no. A court can only relieve you of the filing deadline in extraordinary circumstances. In practice, most people who miss the six months have no realistic path to recovery. That is how serious this deadline is.
Public Transit Agencies Owe You the Highest Duty of Care
California courts treat public transit agencies as common carriers, which means they owe every passenger the highest duty of care that is practical to provide under Cal. Civ. Code §2100.
This is a higher legal standard than ordinary negligence. In a typical car accident between two private drivers, each driver owes the other "reasonable care." A common carrier — a bus company, a rail operator, a ferry — owes passengers something more: the utmost care and diligence in everything that can reasonably be done for the safe carriage of passengers.
Under Cal. Civ. Code §2101, this duty extends to:
- Providing safe, well-maintained vehicles
- Employing competent, properly trained drivers and operators
- Protecting passengers from foreseeable dangers during the ride
- Safe boarding and alighting conditions (bus stops, station platforms, gaps between train and platform)
What this means for your case: when a public transit agency injures you, you do not have to prove they were reckless or grossly negligent. You have to prove they failed to exercise the highest care that was practicable — a meaningfully demanding standard that often favors injured passengers in well-documented claims.
Who Is Legally Responsible?
Liability in a public transit accident is rarely simple. Depending on the facts of your case, one or more of the following parties may bear legal responsibility.
The Transit Agency
The agency is responsible for its drivers' conduct under the legal doctrine of respondeat superior — an employer is liable for the wrongful acts of its employees committed within the scope of employment. A Metro bus driver who runs a red light, a train operator who misses a stop signal, or a bus driver who brakes so hard that standing passengers fall — all of those are acts the agency can be held responsible for.
The agency is also independently responsible for things like:
- Failing to maintain brakes, tires, or other vehicle systems
- Inadequate driver training or retention of a driver with a known dangerous history
- Defective station platforms, broken handrails, or unsafe lighting
The Bus Driver
Drivers can be named personally in some cases, but in government-entity claims the practical target is the agency itself — they carry the insurance and have the assets to pay a judgment. Your attorney can advise you on whether naming the driver individually adds value in your specific facts.
Another Motorist
Many bus accidents are caused — in whole or in part — by a private driver who cuts off the bus, rear-ends it, or runs a red light. When a third-party driver causes or contributes to your injury, you have a personal injury claim against that private individual (or their insurer) under the ordinary two-year statute of limitations. This claim runs separately and simultaneously from your government claim against the transit agency.
California follows a comparative fault system under Cal. Civ. Code §1714 — meaning multiple defendants can each be assigned a percentage of fault, and each pays their share.
A Road-Maintenance Body
If the accident was caused or worsened by a dangerous road condition — a pothole, missing signage, a broken traffic signal — the city, county, or state agency responsible for that road segment may be a defendant. This is another government entity, so the six-month government claims deadline applies to that party as well.
Filing the Required Government Claim: The Practical Steps
Before any lawsuit, you must complete this process:
- Identify the correct public entity. For a Metro bus, that is the Los Angeles County Metropolitan Transportation Authority. For a LADOT bus, it is the City of Los Angeles. For a school bus, it is the school district. Getting this right matters — a claim filed against the wrong entity may not toll the deadline against the right one.
- Prepare the written claim. The claim must state: your name and address, the date and location of the incident, a description of the injury and the circumstances, the names of any public employees involved if known, and the dollar amount you are claiming (or a statement that the amount is to be determined). Many agencies have their own claim forms; you are generally permitted to use those forms or file your own written claim.
- File before the six-month deadline. Under Cal. Gov. Code §911.2, the clock runs from the date of injury. Mail with certified tracking or in-person delivery with a date-stamped copy are both advisable so you have proof of timely filing.
- Wait for the response. The agency has 45 days to act. They may accept, reject, or return the claim as deficient.
- File your lawsuit within six months of a written rejection. Under Cal. Gov. Code §945.6(a)(1), a written rejection notice starts a six-month period to file suit in superior court. Do not wait until the last day — litigation takes time to prepare.
An attorney can handle every step of this process for you, including identifying the correct entity and ensuring the claim is complete enough that the agency cannot return it as deficient to buy time.
Private Buses: Different Rules Apply
If you are injured on a privately operated bus — such as a charter bus, tour bus, or private shuttle — the standard two-year personal injury statute of limitations under Cal. Code Civ. Proc. §335.1 applies instead of the government claims process.
Private bus operators are still common carriers under Cal. Civ. Code §2100. The highest-duty-of-care standard applies just as it does with public transit. But because there is no government entity involved, you do not need to file a government claim first — you can proceed directly to a lawsuit, or negotiate a settlement with the private company's insurer.
Two years is longer than six months, but it is not unlimited. Evidence goes stale, witnesses forget details, and bus company insurers begin protecting their position immediately. Calling an attorney soon after the incident is sound advice regardless of whether the operator is public or private.
If You Were Injured on the Job
Workers injured on a bus or Metro while traveling for work may have both a workers' compensation claim and a third-party personal injury claim against the transit agency, potentially recovering under both systems.
California workers' compensation covers injuries that occur in the course of employment, including commutes if the employee was on a special errand for the employer or was a traveling employee. If your injury qualifies as a work injury under the California Labor Code, you may be entitled to:
- Medical treatment, fully covered
- Temporary disability benefits (two-thirds of your average weekly wages while you are off work, under Cal. Lab. Code §4653)
- Permanent disability compensation if your injuries leave lasting impairment
- Supplemental job displacement benefits if you cannot return to your prior job
At the same time, because the transit agency is a third party — not your employer — you can pursue a personal injury claim against the agency for the same accident. A third-party personal injury recovery can compensate you for pain and suffering and other damages that workers' comp does not cover. California law allows both claims to run simultaneously, though the workers' comp insurer may have a lien on part of any third-party recovery.
This dual-claim situation is exactly the type of cross-claim case our firm handles. If you are unsure whether your bus injury qualifies as a work injury, call (818) 794-9947) and we will walk through the facts with you — free, no obligation.
Why Acting Quickly Matters More Than in an Ordinary Crash
We tell every person who calls us after a transit accident the same thing: the six-month deadline is not a suggestion, and the clock does not pause while you recover from your injuries or wait to see how bad they turn out to be.
Here is what starts happening immediately after the accident — on the agency's side:
- Incident reports are filed internally and reviewed by the agency's legal team.
- Surveillance footage from the bus or station is often recorded over within days or weeks unless someone formally requests its preservation.
- Witnesses — other passengers, bystanders, agency employees — become harder to locate over time.
- The agency's insurer begins building their defense from day one.
On your side, everything you do in the first days and weeks strengthens or weakens your claim:
- Get medical attention immediately. A gap in treatment gives the agency's defense an argument that you were not seriously hurt.
- Document your injuries. Photographs of visible injuries, a written log of your symptoms, and consistent follow-through with your doctors all become evidence.
- Do not give a recorded statement to the transit agency or its insurer without speaking to an attorney first. Adjusters are trained to ask questions in ways that can minimize your claim.
- Preserve everything from the scene — your bus ticket or transit app record, a photograph of the bus number and route, the names and phone numbers of any witnesses.
After a public transit agency rejects your government claim in writing, you have only six months from the date of that rejection notice to file a lawsuit in court under Cal. Gov. Code §945.6(a)(1).
The firm that eventually helps you — whether it is Nordanyan Law or someone else — will need time to investigate, gather evidence, identify all liable parties, and prepare a complete government claim. That work takes weeks. Starting the process on day two instead of month five makes a material difference in the strength of your case.
We've recovered over $150,000,000 for injured workers and accident victims in Southern California since 2014. We've seen what happens when clients wait and what happens when they call early. Call early.
Call (818) 794-9947 for a free case review. No fee unless we win.
FAQ: Injured on a Bus or Metro in California
How do I file a claim against a public bus in California?
You must first present a written government tort claim to the public entity that operates the bus — the transit agency, city, or county — within six months of the date of your injury. This is required by Cal. Gov. Code §911.2 before you can file any lawsuit. The claim must include your name, the date and location of the incident, a description of what happened and your injuries, and a dollar amount or a statement that the amount is to be determined. After the agency responds (or fails to respond), you may then file a lawsuit in superior court.
What is the deadline to sue a government agency in California for a transit injury?
The process has two steps. First, you must present the government claim within six months of the injury (Cal. Gov. Code §911.2). Second, after the agency rejects the claim in writing, you have six months from the date of that written rejection to file a lawsuit (Cal. Gov. Code §945.6(a)(1)). If the agency never sends a written rejection, Cal. Gov. Code §945.6(a)(2) gives you two years from the date the claim accrued to sue. Because of these layered deadlines, acting immediately after the injury is essential.
Who is liable in a public transit accident?
Liability can fall on the transit agency (for the driver's conduct or for vehicle maintenance failures), the individual driver, a private motorist who caused or contributed to the crash, or a government body responsible for a dangerous road condition. California's comparative fault system allows multiple parties to share liability, each responsible for their proportionate share of fault.
What if a city bus caused my injury while I was a pedestrian?
The same government claims process applies. You do not have to be a passenger — if a city bus strikes you in a crosswalk, on a sidewalk, or anywhere else, the transit agency is a public entity and Cal. Gov. Code §911.2 still requires you to present a government tort claim within six months of the injury date before you can sue.
Does the six-month deadline apply to Metro Rail or light rail too?
Yes. The Los Angeles County Metropolitan Transportation Authority (LA Metro) operates both buses and rail lines and is a public entity under California law. Injuries on Metro Rail, light rail, or bus rapid transit are all subject to the six-month government claims deadline under Cal. Gov. Code §911.2.
What if I was injured on a school bus?
Injuries on public school district buses are also subject to the Government Claims Act because school districts are public entities. The same six-month deadline applies. Present the claim to the school district (not to the school directly) and follow the same process as you would for any government entity.
Can I recover pain and suffering from a public transit accident?
Yes. Unlike a workers' compensation claim (which does not pay for pain and suffering), a personal injury claim against a transit agency can include compensation for physical pain, emotional distress, loss of enjoyment of life, and other non-economic damages — in addition to your medical bills, lost wages, and out-of-pocket costs. The amount depends on the severity of your injuries, the strength of your liability evidence, and the skill with which your case is presented.
What if my injury on the bus was also a work injury?
If you were traveling for work purposes when the accident occurred, you may have both a California workers' compensation claim against your employer's insurer and a third-party personal injury claim against the transit agency. California law allows both claims to proceed simultaneously. Workers' comp covers medical treatment and a portion of lost wages right away; the third-party claim can recover additional damages including pain and suffering. A workers' comp lien may apply to part of any third-party recovery — an attorney can explain how that works in your specific situation.
What should I do immediately after a bus accident in California?
Seek medical attention as soon as possible, even if you feel only minor discomfort — some injuries, like concussions and soft-tissue injuries, worsen over hours or days. While at the scene (if you are able): note the bus number and route, photograph any visible injuries and property damage, collect the names and contact information of witnesses, and keep your transit ticket or app record showing you were on the vehicle. Do not give a recorded statement to the transit agency or its insurer before speaking with an attorney. Contact a personal injury attorney with government claims experience as early as possible — the six-month deadline starts on the day of the injury.
Reviewed by Minas Nordanyan, CA Bar #296806 — Nordanyan Law, Van Nuys, California. This article is for general informational purposes and does not constitute legal advice. Every case depends on its specific facts. Call (818) 794-9947 for a free consultation about your situation. No fee unless we win.