California Public Transportation Accident Lawyer

• Most California transit agencies are public entities, so an injury claim must be presented to the agency in writing within six months, before any lawsuit (Gov. Code §§811.2, 911.2).
• The agency has 45 days to respond. After a written rejection, you generally have six months to file suit (Gov. Code §§912.4, 945.6).
• Buses and trains that carry paying passengers must use the utmost care and diligence for their safety, including against foreseeable assaults (Civ. Code §2100).
• You do not need a crash to have a claim. Falls from sudden stops, boarding and wheelchair-lift injuries and onboard assaults can all qualify.
• Amtrak is a federally chartered corporation, not a California public entity, so the six-month claim rule does not apply to Amtrak itself; it can still apply to the public agencies that manage Amtrak's California routes.

Sources: Gov. Code §§810–996.6 (Government Claims Act: §§811.2, 815.2, 818, 835, 835.2, 910, 911.2, 911.4, 911.6, 912.4, 945.6) · Civ. Code §§2100, 2101, 2168 · Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780 · 49 U.S.C. §24301 · Code Civ. Proc. §335.1

Wilshire Law Firm is an award-winning, nationally recognized team that has recovered more than $3 billion for clients. TopVerdict ranked one of our results the number one bus v. passenger accident settlement in California for 2024, and in 2025 we secured a $2.3 million settlement for a bus passenger who suffered spinal and neurological injuries in an on-board fall, which TopVerdict placed on its list of the top 100 personal injury settlements in California. Past results do not guarantee a similar outcome. Transit cases are won or lost in the first weeks. We identify the right agency and any private operator, present the government claim well inside the six-month window, and send preservation requests for onboard and platform video, vehicle location data, operator records and maintenance logs before they are overwritten. We handle every conversation with the agency's claims office and insurers so you can focus on recovering. There are no fees unless you get paid.

Yes, but not the way you would sue a private company. A public agency is liable for injuries caused by its employees acting within the scope of their jobs, such as a bus operator who pulls away before a passenger is seated (Gov. Code §815.2). It can also be liable for a dangerous condition of its property, such as a broken platform edge or a poorly lit station stair, when its employees created the hazard, or it knew or should have known about the hazard in time to fix it (Gov. Code §§835, 835.2). Before any lawsuit, you must present a written claim to the agency within six months of the injury (Gov. Code §911.2). Public agencies cannot be ordered to pay punitive damages (Gov. Code §818), so the case is built on your full compensatory losses. A legal professional can confirm which agency is responsible during a free case review.

The Government Claims Act sets the steps, and each one has a deadline.

• Identify the right public entity. The agency that runs the route, the city that owns the stop, and a private contractor that operates the buses can all be different parties.
• Present a written claim within six months of the injury (Gov. Code §911.2). It must state your name and address, the date, place and circumstances of the incident, a general description of the injuries, the names of any employees involved if known, and, for claims over $10,000, whether the case would be a limited civil case instead of a dollar figure (Gov. Code §910).
• Wait up to 45 days. The agency's board must act within 45 days; silence counts as a rejection (Gov. Code §912.4).
• File suit on time. After a written rejection notice, the lawsuit generally must be filed within six months of that notice. If no proper notice is sent, the deadline is generally two years from the injury (Gov. Code §945.6).
• Missed the six months? A late-claim application must be made within a reasonable time, and no later than one year after the injury, and it must explain the delay (Gov. Code §911.4). It must be granted in limited situations, including excusable neglect without prejudice to the agency, or when the injured person was a minor or incapacitated during the claim period (Gov. Code §911.6).

We prepare and present these claims for our clients as part of the case, at no cost unless you get paid.

These are many of California's largest transit systems. Every agency below is a public entity, so the six-month claim rule applies to it. Amtrak is the exception.

Most agencies publish their own claim form, and a claim filed with the wrong entity generally does not protect your rights against the right one. That is why we confirm the operator, the property owner and any contractor before filing. We represent injured riders throughout California, with offices including Los Angeles, Irvine, Riverside, San Diego, Sacramento and Oakland.

The highest duty California law recognizes. Anyone who offers to carry the public is a common carrier (Civ. Code §2168), and a carrier of persons for reward "must use the utmost care and diligence for their safe carriage" (Civ. Code §2100). The carrier must also provide vehicles that are safe and fit for their purpose (Civ. Code §2101). The California Supreme Court has held that this duty applies to public transit agencies and includes protecting passengers from assaults by other passengers that the agency could reasonably foresee (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780). Carriers are not insurers of every outcome, but the standard is far stricter than the ordinary care owed by other drivers, and it often decides passenger cases.

Many of the cases we see involve no collision at all. Common examples include:

• falls when a bus or train starts or stops abruptly before passengers are seated or holding on;
• injuries while boarding or exiting, including doors closing on a passenger and buses pulling away from the curb too early;
• wheelchair lift, ramp and securement failures;
• slips on wet floors, worn steps and station stairs or escalators;
• assaults by other passengers where the agency ignored warnings, prior incidents or security needs.

Each of these can support a claim when the operator or agency failed to use the care the law requires. Because the injured person is often the only witness, onboard video and the operator's incident report matter, and both should be requested immediately.

You do not need to have been a passenger. Pedestrians, cyclists and drivers struck by a transit vehicle can bring claims based on the operator's negligence, and the same six-month government claim rule applies when a public agency runs the bus or train. Drivers and pedestrians must also stop at least 15 feet from the nearest rail when a signal or flagger warns of a train, or a train is close enough to be an immediate hazard, and must never go through, around or under a closed gate (Veh. Code §22451), so crossing cases often turn on signal records and video. Under California's comparative fault rule, a person who was partly at fault can still recover a reduced amount (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). See our bus accident and train accident pages for collision cases.

More than the agency, in many cases. Many agencies contract daily bus operations to private companies, and a private operator is not protected by the six-month claim rule, though it must still be identified and sued on time. A manufacturer can be responsible for defective brakes, doors or lifts. Another driver may have caused the collision, and a private property owner may be responsible for a stop or station area it controls. Federal law says Amtrak is run as a for-profit corporation and is not a federal agency (49 U.S.C. §24301), so claims against Amtrak itself follow ordinary rules, although its ticket terms include an arbitration agreement. The agencies that manage its California routes are public entities, so the six-month claim rule can apply to them. Identifying every responsible party matters because each defendant pays only its own share of non-economic damages (Civ. Code §1431.2).

Injured passengers and others can generally recover economic damages, including past and future medical care, rehabilitation, lost wages and lost earning capacity, and non-economic damages for pain, suffering and loss of enjoyment of life. Transit injuries frequently involve traumatic brain injuries, spinal cord injuries, fractures and serious falls among older riders. Punitive damages are not available against a public agency (Gov. Code §818), but they may be available against a private party whose conduct meets the legal standard (Civ. Code §3294). When a transit accident is fatal, the family may bring a wrongful death claim.

Three clocks can apply at once. A written claim against a public transit agency is due within six months of the injury (Gov. Code §911.2). A lawsuit against the agency generally must follow within six months of a written rejection, or within two years if no proper rejection notice is sent (Gov. Code §945.6). Claims against private bus operators, other private parties and Amtrak are generally subject to the two-year personal injury deadline (Code Civ. Proc. §335.1). Video evidence often disappears in days or weeks, long before any of these deadlines. A free case review with a legal professional, available 24/7, can start the process the same day.