Bus Accident Lawyer Los Angeles: 6-Month Deadline Guide

If you were injured on an LA Metro bus, a LADOT DASH shuttle, a Big Blue Bus in Santa Monica, or a Foothill Transit coach, you do not have two years to file. You have six months. Miss the government tort claim deadline under Government Code § 911.2 and the case is over before it starts, regardless of how badly you were hurt.

Key Takeaway: Most LA bus operators are public entities. A claimant injured on a public bus must file a written government tort claim within six months of the crash under Government Code § 911.2. Bus operators owe a heightened duty of care to passengers under Civil Code § 2100 (the common carrier doctrine). California’s pure comparative negligence rule still applies, and there is no cap on non-economic damages.

Borna Houman Law represents bus crash victims across Los Angeles County on contingency. We do not get paid unless you do.

Who Operates Buses in Los Angeles and Who Is Liable?

The first task in any LA bus case is identifying the operator. The answer determines the deadline, the claim form, and the available insurance. Get this wrong and the file dies on a procedural defense.

The most common mistake we see is a victim assuming the standard two-year statute applies because nobody told them otherwise. By the time they call us at month seven, the public entity has already invoked the bar and the case is functionally dead.

What Is the Common Carrier Doctrine and Why Does It Matter?

Under Civil Code § 2100, a common carrier of persons (which includes every public bus, every charter bus, and every shuttle for hire) owes the highest duty of care consistent with the practical operation of the conveyance. That standard is higher than ordinary negligence. The carrier must use the utmost care and diligence for the safety of passengers.

In practical terms, this means a bus operator who runs a yellow light, brakes hard for a stopped car, takes a turn at speed that throws standing passengers into a stanchion, or fails to wait for a passenger to be seated before pulling away can be found liable for injuries even where an ordinary driver would not. Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780 is the foundational California case applying this duty to MTA-style operations.

What Are the Most Common Bus Accident Injuries in Los Angeles?

Buses do not have seat belts. Most passengers stand. The injury pattern is unlike any other vehicle case.

• Standing-passenger fall injuries. Sudden braking or acceleration throws passengers into stanchions, fareboxes, and other passengers. Wrist fractures, hip fractures, and traumatic brain injuries from head strikes against metal are routine.
• Side-impact injuries. Buses have no airbags for passengers. Side collisions transmit force directly to the body.
• Pedestrian and cyclist strikes. Buses making right turns are responsible for a disproportionate share of pedestrian deaths in LA County. The blind-spot geometry of a 40-foot transit bus is unforgiving.
• Boarding and alighting injuries. A bus that pulls away before a passenger has fully boarded or alighted, or that closes the doors on a limb, gives rise to liability under § 2100.
• Wheelchair and mobility-device injuries. Improper securement of wheelchairs is a recurring negligent-operation issue. ADA-compliant equipment must be used and used correctly.

What Damages Can I Recover in a California Bus Accident Case?

California bus accident victims can recover all medical bills (past and future), lost wages, lost earning capacity, pain and suffering, and (in the case of public-entity defendants) limited punitive exposure subject to Government Code § 818. There is no cap on non-economic damages in standard bus crash cases.

Public-entity defendants are also barred from punitives under § 818, but the common carrier duty under § 2100 lowers the negligence threshold so much that compensatory damages alone often produce strong recoveries.

How Do I File a Government Tort Claim for an LA Bus Accident?

The claim must be filed in writing on the entity’s claim form (or a substantially compliant document) within six months of the date of injury. Government Code § 910 specifies the required content: claimant identity, date and place of incident, factual basis, names of public employees involved if known, and the dollar amount sought (or a statement that the amount exceeds limited civil jurisdiction).

The entity has 45 days to respond. A rejection (or failure to respond, which is treated as rejection by operation of law) starts a six-month suit deadline under Government Code § 945.6. Miss either deadline and the claim is barred.

Late claim relief is available under Government Code § 911.4 in narrow circumstances (minor claimants, mental incapacity, mistake or excusable neglect), but the application must itself be filed within one year of the accrual date and is granted sparingly. The safer path is a timely claim.

What Should I Do Immediately After a Bus Accident in Los Angeles?

The first 72 hours decide the case. Take these steps:

1. Call 911 and request a police response. The CHP investigates highway crashes; LAPD or the local agency handles surface-street crashes. The traffic collision report is the spine of the file.
2. Identify the bus operator and the bus number. Photograph the bus exterior, the route placard, the driver’s name placard, and the bus number. Different operators use the same routes; the number distinguishes them.
3. Get treated the same day. Cedars-Sinai, Ronald Reagan UCLA, Harbor-UCLA, and LAC+USC all run 24-hour ERs. Same-day records defeat the carrier’s predictable “no injury” defense.
4. Identify witnesses. Other passengers and bystanders. Get phone numbers before they board another bus and disappear.
5. Preserve the bus footage. LA Metro buses carry interior and exterior cameras with retention windows as short as 30 days. A preservation letter must go out fast.
6. Calendar the 6-month deadline. Most cases die on this. Calendar it on day one.
7. Talk to a Los Angeles bus accident lawyer before signing or recording anything. Public entities and their adjusters are sophisticated. The defense is already underway.

What Is My Bus Accident Case Worth in California?

Settlement value depends on the medical record, the wage loss, and the operator’s coverage profile. In our experience handling LA Metro and other public-entity cases, the rough ranges look like this.

These are not promises. Every case turns on its facts. Public-entity self-insurance pools are deep, and the heightened common carrier duty under § 2100 routinely produces verdicts higher than equivalent private-driver cases.

How Long Do Bus Accident Cases Take in Los Angeles?

Public-entity cases typically take 18 to 30 months from claim filing to settlement or verdict. The 6-month claim period plus the 45-day response window plus a year-plus of discovery in LA County Superior Court adds up. Private-carrier cases against Greyhound, Megabus, FlixBus, or charter operators move on standard PI timelines (12 to 24 months).

For the broader rules that apply to multi-party LA crashes, see our guide to personal injury law in California. If your case involves a commercial vehicle that is not a bus, our Los Angeles truck accident analysis walks through trucking-specific issues. And for the steps to take in the days right after the crash, see steps to follow after an accident.

Frequently Asked Questions About Los Angeles Bus Accident Cases

How long do I have to sue the MTA after a bus accident?

Six months from the date of the accident to file a written government tort claim under Government Code § 911.2. After the claim is rejected (or 45 days pass without a response), you have an additional six months to file suit under Government Code § 945.6. Miss either window and the case is barred.

What if a private bus, like a Megabus or FlixBus, caused the crash?

The two-year personal injury statute under Code of Civil Procedure § 335.1 applies. Federal Motor Carrier Safety Regulations also apply because these are interstate commercial carriers, which opens up additional theories of negligence and per se liability for hours-of-service or maintenance violations.

Can I sue if I was hit by a bus while walking or biking?

Yes. Pedestrians and cyclists struck by a public bus must still file the 6-month government tort claim. The common carrier doctrine does not apply to non-passengers, but ordinary negligence does, and the public entity is liable under Government Code § 815.2 for the negligent acts of its employees.

Are bus accident settlements taxed in California?

Settlements for physical injuries are generally not taxable under Internal Revenue Code § 104(a)(2). Punitive damages, when available, are taxable. Wage-loss components attributable to lost earnings can have specific tax treatment. Coordinate with a CPA before signing any release.

What if the bus driver was on a phone or texting?

Distracted-driving evidence strengthens the case substantially under California Vehicle Code § 23123 and § 23123.5. Public-entity bus driver phone records are subject to subpoena. Discovery of the driver’s phone use during the trip is one of the first things we pursue in any bus case.

How much does a Los Angeles bus accident lawyer cost?

Nothing upfront at our firm. We work on contingency and advance every cost. Our fee is a percentage of the recovery, taken at the end. If we do not recover money for you, you owe us nothing.

Talk to a Los Angeles Bus Accident Lawyer Before the 6-Month Clock Runs Out

The biggest reason bus accident cases fail is the calendar. The public-entity claim deadline is half the standard PI deadline, and most victims do not learn that until it is too late. If you were hurt on an LA Metro bus, a LADOT DASH, a Big Blue Bus, a Foothill Transit coach, or any other LA-area bus, the time to call is now. Borna Houman Law handles bus cases across Los Angeles County, from Downtown to Long Beach to the San Fernando Valley.

Call (888) 42-BORNA for a free consultation.

Disclaimer: This article is for general information only and is not legal advice. Past results do not guarantee future outcomes. Reading this article does not create an attorney-client relationship with Borna Houman Law. For advice on your specific case, contact our office directly. See the California Legislature’s text of Government Code § 911.2 for the government tort claim deadline.