Overview
Bus and streetcar accidents are different from every other type of vehicle collision. The law holds buses, streetcars, and other public transit to a higher standard than ordinary drivers. Under the common carrier doctrine, these operators owe you — the passenger — the highest degree of care. A slight negligence that would not be actionable against a regular driver can constitute a breach when a bus company does it.
But these cases also come with strict procedural requirements. If the bus or streetcar is operated by a government entity — LA Metro, SF Muni, or a public school district — you must file a government tort claim within six months. Miss that deadline and your case may be over before it starts.
The Common Carrier Duty
Under Civil Code 2100, a carrier of persons for reward must use the utmost care and diligence for their safe carriage. CACI 901 instructs the jury that a common carrier must use the highest care and the vigilance of a very cautious person. This applies to public transit buses, private bus companies (Greyhound, FlixBus), charter and tour buses, school buses, airport shuttles, taxis, and streetcars and light rail.
The heightened duty extends beyond driving. It covers safe boarding and alighting, interior conditions (handrails, flooring, seating), protection from other passengers, adequate staffing and training, and proper vehicle maintenance.
Government Claims (Public Transit)
When the bus or streetcar is operated by a government entity — LA Metro, SF Muni, VTA, Sacramento RT, or a public school district — the Government Claims Act imposes strict procedural requirements.
| Step | Deadline |
|---|---|
| File tort claim with the entity | 6 months from date of injury |
| Entity response | 45 days from claim receipt |
| File lawsuit after rejection | 6 months from rejection notice |
| File lawsuit if no response (deemed rejected) | 2 years from date of injury |
| Late claim application | Within 1 year of accrual |
The government claims deadline is only 6 months. Don't wait.
Public transit cases have the strictest deadlines in personal injury law. One call gets your tort claim filed and your evidence preserved. Free. No obligation.
Private Bus Companies
Private intercity carriers (Greyhound, FlixBus) and charter/tour bus companies are common carriers subject to the heightened duty. There is no government claims requirement — the standard two-year statute of limitations applies. These companies are typically well-insured ($5 million minimum for passenger carriers under FMCSA). Investigate the driver's CDL, hours-of-service compliance, drug testing history, and the company's CHP inspection record.
School Bus Cases
School bus accidents involving public school districts trigger both the common carrier duty and the Government Claims Act. The six-month tort claim deadline applies. Types of claims include collision injuries, loading and unloading injuries (students struck by passing traffic), supervision failures (bullying, assaults, falls), and unsafe bus stop locations on high-speed roads.
CVC 22112 governs school bus loading and unloading (flashing lights, stop signs). CVC 22454 requires all traffic to stop when red lights are flashing. Drivers who pass a stopped school bus face criminal penalties — and clear civil liability if a student is struck.
Passenger Injuries
| Scenario | Common Injuries |
|---|---|
| Sudden braking / hard stop | Falls, head injuries, fractures, sprains |
| Collision with another vehicle | Same as motor vehicle accident injuries |
| Slip/trip on bus | Falls from wet floors, debris, uneven surfaces |
| Boarding/alighting | Falls from steps, ramp malfunction, premature door closing |
| Assault by another passenger | Physical injuries, emotional distress |
| Overcrowding | Crush injuries, falls from standing |
Streetcar and Light Rail
California has multiple light rail and streetcar systems: LA Metro, SF Muni, VTA, Sacramento RT, San Diego Trolley. All are common carriers owing the heightened duty. All are government entities subject to the six-month tort claim deadline. Unique issues include grade-crossing strikes, platform falls, door entrapment, and derailment.
Bus Camera Footage
Most public transit buses have interior cameras that capture the exact mechanism of your injury. This footage is the single most important piece of evidence in a bus accident case. But transit agencies typically overwrite it within 3 to 14 days. Send a preservation demand to the transit agency on the same day as intake. If footage is destroyed after a preservation demand, pursue a spoliation sanction.
We send a preservation letter today. Call now.
Transit agencies overwrite camera footage on a short cycle — sometimes as little as 72 hours. The footage that proves your case could be gone by the end of the week. One call gets a preservation demand sent today.
Statutes of Limitation
Two years for personal injury against a private carrier under CCP § 335.1. Six months to file a government tort claim under Government Code 911.2. Six months from claim rejection to file suit. Two years from date of death for wrongful death. A minor's statute is tolled until age 18. See Statute of Limitations.
Cross-References
- Motor Vehicle Accidents — general collision framework
- Railroad Accidents — heavy rail and train cases
- Rideshare (Uber & Lyft) Accidents — TNC common carrier issues
- Government Claims — tort claims procedure
- Wrongful Death — fatal bus accident cases
- Comparative Fault — passenger contributory negligence
Common Questions
What does 'highest degree of care' mean for bus passengers?
Under Civil Code 2100 and CACI 901, a common carrier like a bus company must use the utmost care and diligence for passenger safety — the highest care and vigilance of a very cautious person. This is significantly more protective than the ordinary negligence standard that applies to regular drivers. A bus driver who brakes so suddenly that standing passengers are thrown has likely breached this duty.
I was hurt on an LA Metro bus. Do I have to file a government claim?
Yes. Because LA Metro is a government entity, you must file a government tort claim within six months of the accident under Government Code 911.2. Missing this deadline is almost always fatal to your case. File immediately upon contacting an attorney — do not wait for medical records or a full investigation. The claim can be supplemented later.
The bus made a sudden stop and I fell. Is that a case?
Very likely yes. Sudden stop and hard braking cases are among the most common bus injury scenarios. Under the common carrier's heightened duty, the driver must anticipate that standing passengers will be affected by sudden movements. Unless the driver was making an emergency stop to avoid an imminent collision, a sudden braking event that injures a passenger is strong evidence of a breach of the heightened duty of care.
My child was hurt on a school bus. Who is responsible?
The school district and/or the bus company are responsible. School buses are common carriers that owe students the heightened duty of care. If the bus is operated by a public school district, the Government Claims Act applies — you must file a tort claim within six months. Claims can include collision injuries, loading and unloading injuries, supervision failures, and unsafe bus stop locations.
Our offices
Local Resources
- Cedars-Sinai EmergencyLos Angeles trauma center for serious bus collision injuries.
- LA Metro Customer RelationsReport an incident or file a complaint with LA Metro.
- LA Superior Court · Stanley MoskCivil filings for LA County bus and transit cases.
- LA County Risk ManagementGovernment tort claim filings for LA County transit entities.
- CA State Bar LookupVerify any attorney's license before hiring.
- California Civil Code § 2100. Common carrier must use utmost care and diligence for safe carriage of passengers.
- CACI 901 — Common Carrier Duty. Jury instruction: common carrier must use highest care and vigilance of a very cautious person.
- Government Code § 911.2. Six-month deadline to file a government tort claim for injuries involving public entities.
- California Code of Civil Procedure § 335.1. Two-year statute of limitations for personal injury actions.
- California Civil Code § 2101. Common carrier must not overload or overcrowd its vehicle.
- Government Code § 945.6. Six months from claim rejection to file lawsuit against a government entity.