How Long Does it Take to Settle a Bus Accident Lawsuit?

Even with the rising demand for rideshare vehicles, buses remain one of the most popular ways to travel throughout California. With nearly 200 different lines in Los Angeles alone, buses continue to provide reliable public transportation to millions of passengers each year. However, buses are only as reliable as the companies and drivers that operate them. When there is negligence by either of these entities, it can lead to serious accidents for passengers and other motorists. Victims can seek compensation for their injuries, but getting paid for a bus accident claim is more complicated than most people realize.

When bus accident victims first come to us, they have many questions regarding the claims process. But all these clients have one question in common: “How long does it take to settle a bus accident lawsuit?” We can’t blame them, considering the severe injuries we’ve seen on clients after a bus accident. Buses are much larger and heavier than a standard vehicle, plus they’re packed with many people. As a result, bus crashes cause much more harm to passengers, motorists, and innocent bystanders compared to the average car accident.

Today, we’ll attempt to educate you on the process for obtaining compensation in a bus accident lawsuit. We will cover possible timelines for bus injury claims, but keep in mind that this information is for general purposes only. The amount of time until you recover damages is based on numerous factors, like the severity of your injuries, the amount of compensation you’re asking for, and the other side’s willingness to negotiate a fair settlement.

To learn more about your rights as a bus accident injury victim, speak with the Los Angeles attorneys of Normandie Law Firm.

Average Timeline for a Bus Accident Injury Claim

Bus accidents are unique among injury claims, since there are different rules that govern private bus companies versus government owned bus companies. In Southern California, most people use public transit buses that are operated by the Metropolitan Transportation Authority (MTA). If you were injured on one of these buses, you must start the compensation process by filing a claim with the Los Angeles Metropolitan Transportation Authority. You will need to do this within 6 months of your accident, or you may lose the right to seek damages. This statute of limitations is much shorter than the timeline for a private bus company, which you can sue for up to 2 years after the date of your accident.

The MTA will accept or deny your claim, which could take up to several weeks. If your claim is denied, you have 1 year from the date of denial to file a lawsuit. At this point, there is a lot of work to be done, since you will need to make the strongest case possible regarding the full extent of your injuries. This will include medical assessments and a thorough investigation of your accident. Only then, will your lawyer be able to calculate a settlement award that includes medical expenses, pain and suffering, loss of income, and other losses that occurred as a result of the accident.

With that information, your lawyer will try to negotiate a settlement with the insurance company. If you fail to agree on a compensation amount, you will have to argue your case in court. Typically, both sides in a lawsuit are ordered to participate in mediation or alternative dispute resolution before the court date. This is a settlement conference, where both sides try one last time to agree on a settlement with help from a trained specialist. Over 95% of cases are resolved through this process, but getting there could take over a year. During this time, it’s easy to become frustrated and agree to a sum that’s inadequate for your needs. This is particularly true if you’re not working with a lawyer who can reassure you that you’re on the right path.

For more information on your rights and legal options, speak with one of our bus accident lawsuit attorneys.

How to File a Claim with the MTA

The Claim for Damages form for MTA bus injuries can be found online. You will need to download this form and mail it to the address indicated in the instruction letter. While a claims adjuster will reach out to you in 10 days, that’s only after your claim has been received and processed. Thus, you will need to wait at least a couple of weeks before checking up the status of your claim.

The questions on this form seem easy, but how you answer them is critical to whether your claim is denied or accepted. These answers can also hurt you later down the road if you have to file a lawsuit. While legal representation is not necessary in order to file a claim, it’s highly recommended. An experienced personal injury lawyer will know how to answer these questions and ensure that nothing can be used against you in the future. That same attorney can also help you file a lawsuit if necessary and represent you until you receive the funds you’re entitled to.

Proving Liability in a Bus Accident Case

Liability, or proving who is responsible for your accident, is one of the most difficult tasks in any bus injury lawsuit. The first consideration is whether you were you a motorist, a passenger on the bus, or a pedestrian that was hit by a bus. Car accidents are especially complex, as there may be multiple parties that are liable for your accident. Additionally, the MTA’s insurers may try to prove that there was something wrong with your car or the way that you were driving in order to lessen their liability in the accident.

A lawyer can fight back against these claims, while protecting you from answering questions in a way that can hurt your case. In fact, you should not talk to the insurance company at all, and instead, refer them to your attorney. This is the safest way to protect your rights and ensure that you receive enough compensation for your losses. Some clients are also confused about who they can sue if the accident was the driver’s fault. In a regular car accident, the driver is generally the one you would sue, but bus drivers are employee of the MTA, or whichever company they work for. If the driver caused the accident while they were within the scope of their job duties, the company can be sued for their employee’s negligence.

To give you an idea of a bus company’s liability in an injury lawsuit, here are some of the most common causes of bus accidents in California:

• Reckless driving:

Reckless driving refers to any form of driving that willfully endangers the lives of others. Some common forms of reckless driving are speeding, cutting people off in traffic, and running a red light.

• Fatigue or distraction:

This is the top cause of accidents among drivers that work long shifts. Tired drivers can fall asleep at the wheel or have slower reflexes that affect their ability to brake or turn the wheel. Bus drivers can also have slow reaction times due to distractions like being on their phone.

• Insufficient Training:

Bus companies have a duty of care to ensure the safety of their passengers and fellow motorists. This includes training for their drivers to help them react properly in critical situations, like driving in poor weather conditions.

• Inadequate Safety Standards:

Companies and drivers may ignore safety precautions if they’re in a rush or feel overly confident in their abilities. Ignoring safety standards increases the chance of an accident, regardless of the driver’s experience.

• Defective buses:

Any design flaws or mechanical defects, or any indication of such defects, must be addressed immediately by the driver and bus company. Even the slightest flaw can lead to extremely dangerous situations like brake failure and engine fires.

• Improper maintenance:

The majority of mechanical defects can be prevented by regular maintenance. Maintenance, by the way, applies to roads and railways as well. Roads and highways in California are maintained by the California Department of Transportation (Caltrans), which may be another liable party in a bus accident lawsuit.

Our lawyers have the experience to determine all the entities responsible for your injuries. Let us fight for you and bring you the full value of your compensation award.
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Should I Switch Lawyers if My Case is Taking Too Long?

This is a tough question to answer, since bus accident lawsuits generally take a long time to settle. The ideal situation is to come to an agreement shortly after you file the lawsuit. However, the MTA is unlikely to do this since they already rejected your claim. This indicates their unwillingness to admit liability, which means you’ll have to fight long and hard before they pay for your losses.

However, your lawyer should be communicating with you regularly and updating you on the status of your case. Sometimes, that means saying “There’s no progress yet on x and y, but I’m going to contact them again next week,” or something of that sort. This way, you know they’re actively working on your lawsuit, even if thing are going slow. You should also have confidence in your lawyer’s ability to win your case and recover the compensation you deserve. If you’re getting hints that they may not be as experienced as they claim, that’s a serious concern, which needs to be addressed right away.

Before you do anything, make sure to get a second opinion from a knowledgeable personal injury attorney. That way, you’ll know for sure if it’s worth it to change lawyers during your case. Another attorney can review your current lawyer’s work and advise you of the pros and cons of transferring your case.

Our Zero Fee Guarantee

Normandie Law Firm has many years of experience fighting for bus accident injury victims. No injury victim should pay for qualified legal representation, which is why we offer a Zero fee guarantee. That means you pay nothing upfront for any of our services, including free second opinions if you’re not happy with your current lawyer. If you switch over to us, we will take care of all the details, like filing your change of counsel with the court and working out a compensation agreement with your former attorney.

Whether you’re filing a lawsuit for the first time, or wish to transfer your case our firm, you will never pay upfront for any of our services. We only get paid if you get paid, so if we lose your case, we eat the costs and you walk away without having spent a penny. In short, there is nothing to lose by giving us a call and scheduling a free consultation.

If you’ve suffered a bus injury on one of the following lines, please contact the attorneys of Normandie Law Firm.

• Arcadia Transit
• Alhambra Community Transit
• Atascadero Transit
• Baldwin Park Transit
• Beach Cities Transit
• Bellflower Bus
• Bell Gardens Trolley
• Calabasas Public Transportation
• Camarillo Area Transit
• Cerritos on Wheels
• City of Bell Transportation
• Compton Renaissance Transit
• Corona Cruiser
• Cudahy Area Rapid Transit
• DowneyLINK
• Duarte Transit
• Easy Rider Shuttle
• Fillmore Area Transit (FAT)
• Foothill Transit
• Gateway Coach
• GO WEST Transit
• Guadalupe Transit
• HP Express
• Irvine Shuttle
• La Puente Link
• Lawndale Beat
• Los Angeles County Metropolitan Transportation Authority (Metro)
• Los Angeles Department of Transportation (Dash and Commuter Express)
• Lynwood Breeze
• Monrovia Transit
• Moorpark City Transit
• Palo Verde Valley Transit Agency
• Palos Verdes Peninsula Transit Authority
• Paso Express
• Pomona Valley Transportation Authority
• Rosemead Explorer
• San Fernando Trolley
• Santa Barbara Metropolitan Transit District
• Santa Paula Commuter Bus
• Santa Ynez Valley Transit
• Simi Valley Transit
• South Pasadena Gold Link
• Sunshine Shuttle
• Thousand Oaks Transit
• West Hollywood Cityline