Public transportation provides a vital service to the San Mateo community. But many people are injured in accidents involving public transportation. When a public bus or train collides with a passenger vehicle, the crash may result in serious or catastrophic injuries. Mass transit accidents also create significant legal and financial challenges for victims.
If you suffered injuries in a car accident involving public transportation or a pedestrian accident, you may have the right to seek compensation for your medical bills and other accident-related expenses. The team at Carcione, Henderson & Markowitz, LLP, can review the accident details, explain your legal options, and pursue just compensation for you. Contact us today at (650) 367-6811 for a free initial consultation with a public transportation accident lawyer.
How a San Mateo Car Accident Lawyer Can Help With Public Transportation Claims
If you were hurt in an accident with a city bus or train, you’re likely facing a stressful recovery process. When struggling with injuries, it can be hard to focus on the appropriate legal steps to take to pursue a personal injury claim.
A San Mateo car accident lawyer can step in and handle the legal issues so you can concentrate on healing. Carcione, Henderson & Markowitz, LLP, will:
- Investigate the accident to determine how it happened
- Identify all responsible parties, including public transit agencies
- Collect and preserve critical evidence
- Handle communications with government entities and insurance companies
- Calculate the full extent of your losses, including anticipated future medical expenses
- Navigate claim procedures specific to public transit accidents
- Meet strict government notification deadlines
- Represent you in settlement negotiations or in court if needed
Why Accidents Involving Public Transportation Are More Complex Than Typical Car Crashes
Collisions involving public buses or trains differ from standard car accidents in several significant ways. For starters, claims against the government have unique legal procedures, including strict notice requirements with tight deadlines. Additionally, the scale of injuries can be greater due to the size and weight of many public transit vehicles.
Taken together, these added layers of complexity often make it much harder for those injured to pursue compensation on their own. Working with a San Mateo personal injury attorney who has extensive experience handling public transportation accident cases makes the process substantially less confusing for victims.
What Types of Public Transportation Are Involved in San Mateo Accidents?
Several public transportation systems serve San Mateo. They include SamTrans buses, Caltrain commuter trains, and other transit services operating under the umbrella of the San Mateo County Transportation Authority (SMCTA).
Common Causes of Public Transportation Accidents
Public transportation accidents can result from a wide range of issues, including operator error, mechanical failures, insufficient maintenance, and unsafe road or track conditions. To determine who may be responsible and begin building a persuasive claim for compensation, it’s necessary to understand what caused the crash. Some of the most common causes of public transit accidents include:
- Distracted or fatigued bus or train operators
- Speeding or reckless operation
- Failure to yield the right-of-way
- Inadequate driver training or supervision
- Improper maintenance of buses, trains, or equipment
- Brake or steering system failures
- Poorly maintained roads or rail crossings
- Hazardous weather conditions combined with negligent operation
- Signal or communication system errors
- Unsafe boarding or disembarking procedures
- Defective transit infrastructure, such as malfunctioning gates or signals
- Driver impairment due to alcohol, drugs, or medication
Who May Be Responsible in a Public Transportation Accident?
Determining liability is a critical part of any San Mateo public transportation accident claim. Because government vehicle accidents often involve multiple parties, determining who is legally responsible can be challenging. Depending on the facts of the case, responsibility may fall on:
- The transit agency, if it failed to maintain vehicles, train drivers properly, or enforce safety protocols
- A bus or train operator who was distracted, speeding, or driving a train or a vehicle under the influence
- A third-party driver whose negligence caused the collision with the transit vehicle
- A vehicle manufacturer if a defective part contributed to the crash
- A maintenance contractor responsible for the upkeep of transit vehicles or infrastructure
- A government entity if unsafe roadways, poor signage, or faulty traffic signals played a role in the accident
When Can a Government Entity Be Held Liable for a Public Transportation Accident?
Public entities such as cities, counties, and transit authorities normally enjoy sovereign immunity under California law. This means you can’t sue them unless your case meets specific conditions. The California Tort Claims Act (CTCA) creates some exceptions that allow injury victims to seek compensation when a government agency or its employees cause harm. This includes public transportation accidents.
Under the CTCA, you must follow strict procedures before you can file a personal injury lawsuit. You must first submit a government tort claim. This is a written notice to the responsible agency that outlines what happened, who was involved, and the losses you sustained. You generally must file this notice of claim within six months of the accident when seeking compensation for personal injuries or wrongful death. The transit agency then has 45 days to respond. If the agency denies or ignores your claim, you may then proceed with a lawsuit, but only after following these procedural steps. An experienced public transportation accident lawyer can guide you through the claims process and help protect your right to seek financial accountability.
What If You Were Hit by a Bus While Driving, Walking, or Biking?
If you were injured in an accident with a city bus, while walking, or riding a bike, you may have a claim against the transit agency. Depending on the circumstances, you might also have claims against negligent drivers of other vehicles. The attorneys at Carcione, Henderson & Markowitz, LLP, can gather evidence, identify all liable parties, file the necessary claims, and pursue the compensation you need to move forward after a serious accident has disrupted your life.
What If You Were a Passenger on a Bus or Train During the Crash?
If you were riding public transit and suffered injuries in a train or bus accident, you may have a strong claim for compensation. Transit agencies owe a duty to keep their passengers safe, and injuries resulting from sudden stops, collisions, or derailments may entitle victims to seek damages.
As a public transit passenger, you may have no idea who is at fault for the accident. A personal injury lawyer can investigate the cause of the crash and pursue a claim against the appropriate parties on your behalf while you focus on healing.
What Compensation Can Victims Recover After a Public Transportation Accident?
The physical, emotional, and financial toll of a public transit or government vehicle accident can be considerable. Fortunately, victims may be entitled to financial compensation for their losses. While the value of a claim depends on the severity of the injuries and the circumstances of the incident, compensable losses may include costs associated with the following:
- Emergency medical treatment and hospitalization
- Ongoing medical care and rehabilitation
- Lost income from time missed from work
- Reduced earning capacity due to lasting injuries
- Pain and suffering
- Emotional distress and trauma
- Permanent disability or disfigurement
- Out-of-pocket expenses related to the accident
How Long Do You Have to File a Claim in California?
While most personal injury cases in California are subject to a two-year (2) filing deadline starting on the date of the accident, claims against public entities have a much shorter timeline. Under the CTCA, you must file a notice of claim within just six months. Failing to adhere to this deadline can bar you from recovering compensation.
Talk to Our San Mateo Car Accident Attorneys Today
A bus accident or collision with a public transit vehicle can disrupt your day-to-day routine and leave you with mounting medical bills. While you focus on your physical recovery, trust the public transportation accident lawyers at Carcione, Henderson & Markowitz, LLP, to file your injury claim and fight for the compensation you deserve.
Our law firm has over 40 years of experience serving clients in San Mateo and has secured multi-million-dollar verdicts and settlements for numerous clients, including:
- $3.86 million in a case involving Amtrak negligence
- $2.6 million in a traumatic brain injury case against Stanislaus County
- $900,000 in a case against CalTrans for dangerous road conditions
Our attorneys are focused on securing high-value outcomes for people harmed due to others’ actions or carelessness. We have a long list of satisfied clients who can attest to our commitment. As one client wrote:
“All staff members of Carcione, Henderson & Markowitz, LLP were extremely supportive and helpful. I had minimal effort for a 1.5-year-long process, which ended successfully. Everything was handled transparently, conveniently, and professionally. Communication was very fast, efficient, and supportive. I would definitely recommend that office and am grateful for everything.” – Jonas N.
Contact Carcione, Henderson & Markowitz, LLP at (650) 367-6811 or contact us online to arrange a free consultation with an experienced San Mateo car accident attorney.