Public transport accidents can result in severe injuries and complicated legal situations. This complexity is further heightened in California due to the specific laws and procedures that govern claims against public entities. This article sheds light on these unique legal challenges and the team of public transport lawyers at Stalwart Law can offer guidance for navigating the legal landscape.
Understanding Public Transport Injuries
Unlike private vehicle accidents, public transport accidents often involve multiple victims and large entities such as city or county governments or even the state. The damages can be extensive, given the number of passengers and the size of the vehicles involved. Common public transport accidents include those involving buses, trains, subways, trolleys, and ferries.
California Tort Claims Act (CTCA)
In California, injury claims against government entities, including most public transport agencies, are governed by the California Tort Claims Act (CTCA). This legislation allows government entities to be held accountable for injuries caused by their negligence, similar to any private entity. However, it also sets forth specific procedures and timelines that victims must follow to successfully bring a claim.
Notice of Claim
One of the most critical procedures outlined by the CTCA is the requirement to file a notice of claim before initiating a lawsuit. This notice must be filed with the correct government entity within six months from the date of the accident. Missing this deadline can result in losing the right to pursue compensation. The notice should contain specific information, including the date, place, circumstances of the accident, a description of the injuries, and the type of damages being claimed.
Government Response
Once a notice of claim is filed, the government entity has 45 days to respond. They may accept or reject the claim, or they might not respond at all. If the claim is rejected or there’s no response, the victim generally has six months from the date of the rejection or the expiration of the 45-day period to file a lawsuit.
Shared Liability and Damages
California follows a pure comparative negligence rule, which means that the amount of compensation you can receive will be reduced by your percentage of fault. For instance, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%.
As for the damages, while there are no caps on economic damages (like medical bills and lost wages), non-economic damages (like pain and suffering) in personal injury lawsuits against medical providers are capped at $250,000 under California’s Medical Injury Compensation Reform Act (MICRA).
Seek Legal Help
Given these unique challenges, it is strongly recommended to seek legal help when dealing with a public transport injury in California. An experienced public transport accident attorney can help ensure your claim meets all legal requirements, help gather the necessary evidence, handle negotiations with insurance companies, and represent you in court if needed.
Public transport injuries present a unique legal challenge in California. Understanding these challenges is the first step towards successfully navigating the legal system and obtaining the compensation you deserve. However, due to the complexity and specific procedures involved, getting legal help is often crucial to the success of your claim.
* The articles provided on the Stalwart Law website are for informational purposes only and are not intended to be used as professional legal advice or as a substitute for legal consultation with a qualified attorney.
