Car Accidents
Motorcycle Accidents
Uninsured Motorist Accidents
Bicycle Accidents
Bus Accidents
Dog Bites
Slip and Falls
Premises Liability
Product Liability
Construction Accidents
Assault & Battery
Wrongful Death
Truck Accidents
Wrongful Termination
Discrimination
Sexual Harassment
Civil Rights
Wildfires
Filing a bus accident claim in California is not a standard personal injury process. If you treat a crash involving a Big Blue Bus or LA Metro vehicle the same way you treat a fender bender, you will likely lose your right to compensation before you even file a lawsuit.
The immediate threat to your case is the rigid deadline to file a Notice of Claim. This is a mandatory administrative prerequisite, and if this document is missing specific statutory requirements, the city or county might reject it instantly.
To succeed, you must identify the specific municipal body responsible, secure surveillance footage before it is overwritten, and file the correct paperwork before the statutory window closes.
If you were injured in a bus accident in Santa Monica or Los Angeles and are unsure if the 6-month deadline applies to you, contact Olan Law. We will identify the liable entity and ensure your claim is properly filed before the clock runs out.
Contact for a Free Consultation
Key Takeaways for California Bus Accident Claims
- You have only six months to file a claim against a public bus operator. This is not a lawsuit but a mandatory Notice of Claim, and missing this deadline under the California Tort Claims Act will likely bar your case permanently.
- Bus operators are held to the highest duty of care. As common carriers, they must use the utmost care and diligence for passenger safety, a much stricter standard than that for regular drivers.
- Crucial video evidence is deleted quickly. You must act immediately to send a legal demand to preserve on-board surveillance footage before the transit authority’s system overwrites it, as this is your most objective witness.
The Threshold Question: Public Entity vs. Private Carrier
The first step is to determine if the bus is a Public Entity or a Private Carrier.
Public Entities (Government)
These include the Santa Monica Big Blue Bus, Los Angeles Metro, Culver CityBus, LADOT DASH, and public school buses. These organizations are arms of the government. As such, they are protected by sovereign immunity, a rule that prohibits claims from being filed against the government.
The government only waives this immunity if you follow the strict procedures outlined in the California Tort Claims Act.
Private Carriers
These include companies like Greyhound, Megabus, private charter tours, and airport shuttles (like SuperShuttle), and casino buses. These entities are private corporations. Claims against them generally follow the standard personal injury statute of limitations (typically two years in California).
The Government Claim Process: The 6-Month Rule
For most accidents in Santa Monica involving public transit, the Statute of Limitations is not your primary concern yet. The Notice of Claim is the gatekeeper.
The Timeline Requirements
Under California Government Code § 911.2, you must present a written claim to the public entity no later than six months after the accrual of the cause of action (the date of the injury). Once filed, the government has 45 days to respond.
Frequently, the entity will do nothing and is part of a strategic move. If they fail to respond within 45 days, the claim is deemed rejected by operation of law. Once the rejection notice is mailed or the claim is deemed rejected, you have a strict deadline (sometimes as short as six months from the rejection) to file a lawsuit in Superior Court.
The Content of the Notice
The claim must meet specific statutory requirements found in Government Code § 910. It must include:
- The date, place, and other circumstances of the occurrence.
- A general description of the indebtedness, obligation, injury, damage, or loss incurred.
- The name or names of the public employee or employees causing the injury, damage, or loss, if known.
- The amount claimed if it totals less than $10,000. If it exceeds $10,000, you must state whether the case would be a limited civil case.
The Danger of Substantial Compliance
Sometimes, if you didn’t follow the rules perfectly but you got close enough in a way that still met the main purpose of the rules, a court might let your claim move forward anyway. That “close enough” idea is called the substantial compliance doctrine.
But betting your case on it is risky because courts apply it inconsistently and the other side will argue you failed to follow the rules. If the judge disagrees that you were close enough, your claim can get tossed, often permanently.
Agencies have their own specific forms—using a generic City of Los Angeles form for a Santa Monica Big Blue Bus accident could lead to a rejection. We ensure strict adherence to the specific form requirements of the agency involved and the goal is to give the government no procedural excuse to deny the claim.
If you receive a formal rejection notice, or if 45 days pass without a word, the administrative phase ends and the litigation phase begins. You must be ready to file suit immediately.
Liability Principles: Common Carrier Doctrine
Proving negligence in a bus accident differs significantly from a standard car crash. In a typical car accident, you must prove the other driver failed to exercise reasonable care. Bus operators, however, are held to a much higher standard.
The Highest Duty of Care
Under California Civil Code § 2100, a carrier of persons for reward must use the utmost care and diligence for their safe carriage. They must provide everything necessary for that purpose and exercise a reasonable degree of skill.
This common carrier status means that even a slight deviation from safety protocols may establish liability. A sudden, jarring stop that throws a standing passenger to the floor might not be negligence for a Honda Civic driver, but it could be a breach of duty for a bus driver. Failing to wait for an elderly passenger to find a seat before accelerating is another common breach.
Respondeat Superior and Employee Negligence
The legal principle of respondeat superior holds the employer responsible for the actions of their employees performed within the scope of their employment. This is the main principle behind why we pursue a transit authority or bus company rather than the individual driver.
Strategic Evidence Preservation From Home
While you are recovering at home, the bus company is already building its defense. Large transit agencies and charter companies maintain rapid response teams. They begin their investigation the moment the accident is radioed to dispatch.
The Video Footage Clock
Most modern buses in Los Angeles County, including Metro and Big Blue Bus fleets, are equipped with sophisticated surveillance systems. These cameras capture the driver, the road ahead, and the passenger cabin. This footage is the most objective witness you have.
However, this data is not stored indefinitely. To save server space, many systems automatically overwrite video footage in a continuous loop. This may happen in as little as 72 hours to 30 days, depending on the system. If you do not formally demand the preservation of this evidence, it will disappear.
Definitive Proof of Mechanism
Securing this footage provides the definitive proof of the jolt or impact mechanism. Defense attorneys frequently argue that a passenger simply lost their balance or fell due to their own clumsiness. Interior cabin video refutes this by showing the violent movement of all passengers simultaneously during a sudden stop or crash.
Taking Action
To stop the deletion of this evidence, Olan Law sends a spoliation of evidence letter immediately. This legal demand puts the entity on notice that the specific video files, black box (ECM) data, and maintenance logs are relevant to pending litigation. If they destroy the evidence after receiving this notice, the court might impose severe sanctions against them.
Simultaneously, you must establish a medical baseline. Always seek immediate medical evaluation to document the temporal link between the accident and your injury. This is necessary to counter the inevitable pre-existing condition defense the insurance adjusters will mount.
Third-Party Liability and Comparative Negligence
Passenger Rights vs. Third Parties
In this situation, you have a primary claim against the at-fault driver’s insurance policy. However, personal auto policies have low limits (California’s minimum is only $15,000 per person). In a bus crash with multiple injured passengers, that money evaporates instantly.
This is where the common carrier doctrine becomes relevant again. If the bus driver was even partially at fault (perhaps they were speeding, or they saw the car coming and failed to brake in time), California law allows you to pursue the bus entity for damages. Under the rule of joint and several liability regarding economic damages, you can look to the bus company to cover your medical bills and lost wages, even if they were only 1% at fault.
Comparative Negligence
California operates under a pure comparative negligence standard. This means you may still recover damages even if you were partially to blame. Your compensation will simply be reduced by your percentage of fault.
Damages: What Can Be Recovered?
We categorize damages into economic and non-economic losses.
Economic Damages
These are objectively verifiable financial losses. They include:
- Medical Expenses: Past and future bills, including ambulance transport, surgery, and physical therapy.
- Lost Income: Wages lost while you were off work recovering.
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous career or force you to take a lower-paying job.
Non-Economic Damages
These cover the human cost of the injury:
- Physical pain and suffering.
- Emotional distress and trauma.
- Loss of enjoyment of life.
FAQ for Bus Accident Claims
Can I file a claim if I was injured on a bus but there was no collision?
Yes. Many bus injuries occur without a vehicle-to-vehicle crash. Non-collision injuries caused by sudden acceleration, hard braking, or closing doors on a passenger are common. Under the common carrier duty of care, the operator must smooth out the ride and ensure passenger safety. If you were thrown from your seat or injured by a door, you have a valid claim.
What if the injured person is a minor (under 18)?
While the 6-month rule technically applies, the courts are more lenient with minors. Under Government Code § 911.4, you may file an application to present a late claim. This protection generally extends until the minor’s 19th birthday, provided the delay does not unduly prejudice the public entity’s defense. However, waiting is never the strategic choice.
I missed the 6-month deadline for the City of Santa Monica. Is my case dead?
Not necessarily, but the situation is precarious. If the delay was due to excusable neglect, physical incapacitation, or death, we can petition the court for relief from the claim presentation requirement. This is a strict legal standard, and mere ignorance of the law is rarely accepted as an excuse.
Who pays my medical bills while the claim is pending?
The city or bus company will not pay your bills as you incur them. You must use your own health insurance or MedPay coverage. These costs are eventually reimbursed from the final settlement. If you do not have insurance, we can arrange for medical treatment on a lien basis, where doctors agree to be paid from the future settlement proceeds.
Can I sue if I was hit by a bus while walking in a crosswalk?
Yes. Pedestrians have strong rights in California, especially in marked crosswalks. If a bus failed to yield, you have a claim against the entity. Because these accidents involve a government vehicle (usually), the 6-month deadline for filing the administrative claim still applies, just as it would for a passenger inside the bus.
Secure Your Right to Recovery
At Olan Law, we handle the procedural requirements of the case. We identify the correct entity, file the Notice of Claim with statutory precision, and demand the preservation of evidence so you can focus on your physical recovery.
Do not let a clerical deadline bar you from the compensation you deserve. Call Olan Law today. We will evaluate your case, determine the correct filing timeline, and take immediate steps to protect your claim.
