When you’re injured in a bus accident, the path to seeking compensation can be pretty stressful and confusing. Both private and public bus companies operate daily in California, providing, of course, vital services for countless residents and tourists alike. However, the way you approach a lawsuit depends significantly on whether the bus company is publicly or privately owned. The legal process, deadlines, and compensation structure vary between the two categories, making it critical to know the differences and what type of accident you were involved in. Whether you’re a passenger or another party involved in the accident, there are imperative aspects to understand when filing a lawsuit against public versus private bus companies.
What is the Difference Between Public and Private Bussing Companies?
Knowing who owns the bus involved in your accident is one of the most significant first steps in your case. Public companies are those owned and operated by government entities, such as city, county, and state agencies. Alternatively, private companies are run by for-profit companies or entities. OmniTrans is San Bernardino’s most prominent public bus service.
Legal Protections and Limitations
Public entities are protected by a principle called sovereign immunity. Thus, government-owned buses have certain legal protections that prevent you from easily filing a lawsuit. One of the most significant consequences of this is the shorter timeframe you have to file your claim. For public bus accidents, you must submit a Notice of Claim within six months of the accident you were in. If you miss this 6-month window, you could risk losing your right to pursue compensation and further legal action altogether.
In addition, there are limitations on the amount of compensation you can receive from public entities. While private companies offer larger settlements, public bus companies typically canot be held responsible for the punitive damages. Further, even if the bus drivr was negligent, you wont be able to seek additional compensation to punish the company.
Government Immunities
Another Challenge you may face when using a public bus company is the possible immunity that government entities have. For instance, if the cause of the particular accident was dangerous road conditions or a poorly designed bus stop, the public agency could be found immune from liability in some instances. The immunity exists because the government often has more leeway in how it designs and operates public infrastructure.
Filing a Lawsuit Against a Private Bus Company
Unlike public transport companies, private ones are not protected by sovereign immunity. The process for filing a suit against private companies is simpler and more straightforward. Private bus companies operate with the same legal parameters as any other business in California. If you are injured in an accident involving a public bus, you submit a lawsuit for damages in a similar fashion as you would for a personal injury case.
No Shortened Deadlines
Private bus organizations do not benefit from the same immunities as public entities, and as such, their liability is less harsh. The statute of limitation for entering your claim against a private company is two years from the date of the accident (under most circumstances). You will have more time to gather evidence and prep for your case compared to the stricter deadline of only six months imposed by accidents with public bus companies.
Further, when dealing with a private bus company, you are eligible for compensation for a greater scope of damages, including pain and suffering, emotional distress, and even punitive damages, if the driver’s conduct was especially egregious. The door opens to much more substantial settlements compared to public companies, which are often limited in the damages you can recoup or they can pay out.
Easier Claims Process
Filing a claim against a private company is also much more straightforward. You must try to prove the company or its driver was negligent. You can demonstrate this by showing that the driver didn’t exercise an adequate standard of care, whether by driving recklessly, failing to maintain the vehicle, or engaging in other negligent behavior. Once liability is established, you can pursue compensation for medical costs, lost wages, pain and suffering, and other related expenses.
Key Consideration for Both Categories
Regardless of whether the bus company was public or private, there are some key factors you should remember to review and consider before you move ahead with a claim:
- Establishing Liability: After any accident involving a bus, you will need to demonstrate that the bus company or its driver was at fault. Therefore, you will need evidence like accident reports, witness statements, and any available surveillance footage. In the case of private bus companies, it’s often easier to establish liability, as you won’t have to contend with government immunities.
- The Role of Third Parties: Both public and private bus accidents may involve other parties, such as negligent drivers of other vehicles or entities responsible for maintaining bus stops, bus maintenance, or road conditions.
- The Position of The Third Party: Both public and private bus accidents may involve other parties, such as negligent drivers of other vehicles or entities responsible for preserving bus stops or road conditions. If a third party contributed to the crash, such as through unsafe road conditions or faulty vehicle maintenance, they could also be held partially liable for damages.
The Importance of Legal Representation
Filing claims against both public and private sector bus companies gets complicated fast. It can also quickly feel impossible to do while trying to heal from any injuries and emotional trauma stemming from the accident. Thus, having a seasoned attorney to help you is necessary. A lawyer specializing in California bus accident cases can provide invaluable assistance in both public and private accident lawsuits. A lawyer will gather the needed documentation and other supportive evidence like police reports and examine them along with things like maintenance records, medical records, and witness testimony. The legal process also means dealing with unique requirements for suing a public entity. Your lawyer will ensure all documents are filed correctly and within the required timeframes—bus companies, whether public or private, often have powerful insurance companies backing them. Your lawyer will be very familiar with their tactics and be able to firmly negotiate on your behalf to ensure a fair settlement. Finally, if settlement negotiations are not satisfactory, your lawyer will represent you in court and advocate for your rights.
If you or your family member have been injured due to a California bus accident, whether public or private, contact SANFORD A. KASSEL, A Professional Law Corporation. Our experienced attorneys are ready to help you navigate the legal process and fight for your deserved compensation. Call our firm at 909-884-6451 and schedule a free consultation with a trusted and experienced San Bernardino bus accident attorney. We serve the greater San Bernardino area at 650 East Hospitality Lane, Suite 580, San Bernardino, CA 92408.
