Public Transportation Accident Law

Public transportation accidents can cause severe injuries and give rise to complex legal issues related to liability, insurance coverage, and the possibility of government entities invoking sovereign immunity. Understanding the legal principles surrounding these accidents is essential for victims considering personal injury claims.

Immediate Steps After an Accident

It is important to gather evidence and seek medical attention as soon as possible. If circumstances permit, photographs should be taken to capture the scene of the accident, including damage to any vehicles involved and any visible injuries. Witness contact information can help in establishing fault at a later stage. Police reports, when available, may contain facts that can be critical in determining liability. Prompt medical evaluation is advised even if injuries initially appear minor, since certain conditions may take time to manifest. Records of all medical treatments and examinations can become key evidence in any personal injury claim.

The Common Carrier Standard of Care

Many public transportation services operate under the legal classification of common carriers. Common carriers generally owe a heightened duty of care to their passengers, meaning they must take every reasonable measure to ensure safety. This enhanced obligation covers vehicle maintenance, driver or operator training, and the overall safety of boarding and disembarking procedures. Certain school buses operating under a regulatory body may also be designated as common carriers. Determining whether an entity qualifies as a common carrier can depend on various factors, including statutes and court interpretations.

Challenges in Suing the Government

When a public transportation system is owned or operated by a government entity, legal doctrines such as sovereign immunity or governmental immunity may limit or prevent lawsuits. However, in many jurisdictions, statutes known as tort claims acts or similar legislation create exceptions to that immunity. Courts may hold a government entity liable if its inadequate maintenance or negligent operation of public transportation led to an accident. The processes for pursuing a claim against a government agency are often more elaborate and strictly enforced than those involving private companies.

Filing a personal injury claim against a government-owned transportation system typically entails fulfilling specific notice requirements. Written notice of a claim must often be submitted to the appropriate government office within a short period, which can be as brief as 30 or 60 days after the accident. Failing to follow these procedural steps or to include detailed information such as date, time, location, and the nature of injuries can result in the loss of the right to bring a lawsuit. Meeting these deadlines is critical for preserving potential legal claims against a government entity.

In addition to the notice requirements, statutes of limitations govern how long an injured person has to file a lawsuit. When a government entity is involved, these statutes of limitations are frequently shorter than those applicable to private parties. In many instances, the time to file a formal lawsuit begins after the government agency has been given proper notice. Once that window passes, courts generally will not allow the claim to proceed, regardless of the severity of the injury or the degree of fault.

Rideshares and Taxis

Rideshare services, such as those arranged through smartphone apps, and privately operated taxis are usually not classified as common carriers. Instead, they often have unique insurance coverage requirements and varying degrees of legal obligations that may depend on state or local regulations. In some instances, the rideshare company or taxi service may provide insurance coverage that supplements the driver’s personal insurance. Determining liability can be complicated by the interplay between individual drivers, the company’s policies, and any relevant third parties.

Liability of Third Parties

In some cases, the public transportation entity may not be at fault for the accident. Liability could rest with:

• Another driver
• A trucking company or other employer of a driver
• A car manufacturer
• Any entity responsible for roadway maintenance

Passengers injured under these circumstances may initiate a personal injury claim or insurance claim involving any of these other parties. Sometimes many different entities share fault for an accident, and a plaintiff’s attorney needs to conduct a thorough investigation to figure out all the defendants who could be sued.

Last reviewed April 2025