You can sue a city or public transit authority after a bus accident, but claims involving government entities are subject to special procedures and legal requirements
Choose a bus accident lawyer in Everett who has handled accidents involving government entities.
To Sue a City or Public Transit Authority After a Bus Accident, You Must First File a Formal Tort Claim Notice
You generally cannot pursue a lawsuit against a city or public transit authority in Washington without first filing a formal tort claim notice. It notifies the government that you intend to file a claim.
Your tort claim notice provides details of the accident, your damages, and your reasons for believing a specific authority or its employees are liable. Supporting documents may include:
- Estimates and receipts documenting your losses
- Medical reports and bills
- Any photographs of the accident scene
- Your collision report (police report)
The claim is typically submitted to the state or local government’s designated risk management or claims office, which varies by agency. So, in addition to gathering and presenting detailed information, it will be important to confirm that you are directing it to the correct recipient.
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The Deadline for Submitting a Tort Claim Notice in Washington
Although some states set much shorter deadlines, a tort claim in Washington must be filed within the applicable Washington State statute of limitations, generally three years for personal injury claims. However, it is better to prepare your case and file your tort claim notice as soon as possible.
Your attorney may be able to access additional evidence soon after the accident. Once they have a clear picture of your damages, they may be able to present a case for compensation, potentially limiting disputes or delays.
What Happens After You Submit Your Tort Claim Notice
After you submit your tort claim notice, risk managers will investigate your accident. You must allow at least 60 calendar days for this and may not file a lawsuit until the 60-day period has elapsed.
Importantly, your waiting period is not counted toward the statute of limitations, allowing you to file a lawsuit if you are dissatisfied with the outcome. Once an adjuster has investigated your case, the agency may offer to settle your claim, transfer it to a different party or entity, or deny it altogether.
Consult an attorney about any compensation offered. They may confirm whether it is a fair settlement offer. If you are dissatisfied with a settlement offer or your claim is denied, you may proceed with a lawsuit against the city or public transit authority after your bus accident.
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Differences and Similarities Between Cases Against Public Transport Authorities and Regular Accidents
In accidents involving private entities, you would ordinarily seek compensation from the insurer. In accidents involving public transport buses, you approach the relevant government agency instead. However, despite the different procedure, the legal principles underlying your case remain the same.
For example, you would still be required to show that the government agency owed you a duty of care, breached it, and caused your injuries. You would need evidence to support all these points and the damages you are claiming. You may also encounter obstacles to recovering compensation, including disputes over fault and the valuation of your damages.
As a final similarity, both government and private entities must submit to court rulings. As a result, you need not see an unsatisfactory outcome as final. If your claim is denied or you are not satisfied with a settlement offer, you may sue a city or a public transport authority for damages arising from a bus accident.
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Compensation You May Be Able to Claim After a Bus Accident
When you submit a tort claim notice, or while it is being processed, you must present evidence of the damages you suffered. The same evidence is used if you sue a city or public transit authority after a bus accident.
Depending on your injuries, your claim may include compensation for damages like:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Permanent disability or disfigurement
An attorney may help you gather evidence to support your case and demonstrate your losses. Detailed documentation and expert opinions may be needed to calculate their value. For example, medical experts may assess your future medical needs and ability to return to work.
When More Than One Party is Liable in a Public Bus Accident
Several parties may be liable in public bus accidents, and your case may involve more than a claim against a public transit authority. It may be liable if your accident was caused by driver error or poor vehicle maintenance, but other drivers may have contributed to it, and you may have made mistakes, too.
In Washington, you may recover compensation after an accident even if you were mostly at fault per Wash. Rev. Code § 4.22.005.
At the same time, your percentage of fault reduces your settlement, so disputes over fault are still a feature of accident cases. A lawyer who knows how fault is determined in Washington car accident cases may help you evaluate fault.
For example, if the bus driver is 40% at fault, another driver is 40% at fault, and you are 20% at fault, your total recoverable damages would be reduced by your 20% share. Each defendant is then responsible for paying their proportionate share of the award or settlement.
Discuss Your Case With Our Bus Accident Attorney Today
If you’re wondering whether you should sue a city or public transit authority after a bus accident, you may wish to consider consulting a lawyer. Claims against government agencies present additional complexities.
Our experienced attorney at Murphy Trial Law can evaluate your case and, if appropriate, help you pursue a claim while managing the procedural requirements on your behalf. We offer a free consultation to help you explore your options. Contact us to secure yours.
Call or text (425) 835-2614 or complete a Free Case Evaluation form