If you were injured in an accident involving a city bus, Metro train, or other public transit vehicle in California, you must file a government tort claim within 6 months of the date of the accident. Missing this deadline permanently bars your lawsuit against the government entity, regardless of how strong your injury case would otherwise be.
Why Public Transit Claims Operate Under a Different Timeline
California Government Code Section 911.2 requires injury victims to file a written claim with the responsible government entity before filing a civil lawsuit. This requirement applies to all public transportation agencies including LA Metro, SFMTA, AC Transit, and any city or county-operated bus or rail system. The standard personal injury statute of limitations of 2 years does not apply to government entity claims. The 6-month deadline is a firm procedural prerequisite, and courts have no discretion to waive it for simple neglect or lack of awareness.
Identifying the Correct Government Entity
Before filing, confirm exactly which agency operates the vehicle that caused your injury. In Los Angeles, LA Metro operates the rail and bus rapid transit network. The City of Los Angeles Department of Transportation operates local DASH and Commuter Express routes. Long Beach, Santa Monica, and other municipalities operate separate transit systems. Filing a government tort claim with the wrong entity is treated the same as filing no claim at all. The claim must reach the legally correct agency within the 6-month window.
What the Government Claim Must Include
A government tort claim must contain your full legal name and current address, a detailed description of how and when the injury occurred, the specific location of the incident, the names of any government employees involved if known, a comprehensive description of your injuries and the medical care received, and the monetary amount you are claiming. Incomplete or vague injury descriptions in this initial filing can be used by the government agency to limit the scope of your subsequent lawsuit to only the damages specifically claimed in the original document.
What Happens After the Claim Is Filed
Once filed, the government entity has 45 days to accept or reject the claim. If the claim is rejected, you have 6 months from the date of the rejection to file your lawsuit in superior court. If the government does not respond at all within 45 days, the claim is deemed rejected by operation of law, and you then have 2 years from the date of the incident to file the lawsuit. A rejection letter is not the end of your options. It is the formal procedural trigger that authorizes you to proceed with litigation.
The 1-Year Late Claim Petition for Missed Deadlines
If you missed the 6-month deadline, California Government Code Section 911.6 permits you to file a petition for leave to present a late claim within one year of the accident date. Accepted grounds for a late claim petition include minority status at the time of the injury, physical or mental incapacity that prevented timely filing, or mistake, inadvertence, surprise, or excusable neglect. The government entity reviews the petition first. If denied, you can seek independent judicial review of that denial. This secondary pathway should not be relied upon as an alternative to timely filing.
Damages Available in California Public Transit Injury Claims
Injured transit passengers can recover the same categories of damages available in any personal injury case: past and future medical expenses, lost wages and reduced earning capacity, pain and suffering, and emotional distress. Government entities do not enjoy immunity from these damages in California. They do, however, benefit from the claims act procedural requirements, which function as a practical barrier to recovery for victims who do not understand the shortened timeline.
3 Mistakes That Destroy Government Transit Claims
The 3 most common errors in public transit injury cases are missing the 6-month filing window due to confusion with the standard 2-year statute, filing with the wrong government entity after misidentifying the transit operator, and submitting an incomplete initial claim that restricts the scope of damages in the subsequent lawsuit. Government transit agencies employ experienced defense counsel whose function is identifying and enforcing these procedural defenses. Legal representation from the day of the accident is the most reliable protection against each of them.
Work With Avian Law Group
Our public transportation accident attorneys file government tort claims immediately after being retained, preserving your rights before the 6-month window closes.
LA Metro and other transit authorities employ dedicated legal teams whose function is defending injury claims. Our personal injury lawyers have the experience to take on government entity defendants and navigate the procedural demands of public transit litigation.
Avian Law Group serves injury victims across Los Angeles, including those injured on LA Metro rail lines and city bus routes throughout the county.
Michael Avanesian, the founder and driving force behind Avian Law Group, is a passionate and dedicated attorney with a strong background in personal injury law. As a partner at JT Legal Group, Michael led the growth of the personal injury practice from a single employee to a team of over ninety professionals, securing over $2 billion in settlements for clients in just three years.
