Getting hurt is never part of the plan—especially not while riding public transportation. Whether it’s a city bus, subway, light rail, or ferry, accidents involving public transit can be frightening, confusing, and painful. And unlike typical car crashes, these incidents introduce unique legal challenges. If you were injured while using public transit, it’s important to know that you have rights—but you also have to act fast.
This guide will walk you through what to do after a transit injury, how liability works in these cases, and what steps to take to protect your claim.
Understanding Public Transit Liability
Most public transportation systems are operated by government agencies or entities funded by the government. This makes them “common carriers,” which means they owe passengers a higher duty of care compared to private drivers. If you’re a paying passenger, the transit provider is expected to ensure your safety within reason.
But here’s the catch: filing a personal injury claim against a government-run transit agency isn’t like filing against an individual or private business. There are strict deadlines and specific procedures that must be followed, or your case could be dismissed before it ever reaches a courtroom.
What Counts as a Public Transit Injury?
You might think injuries only happen during crashes, but transit-related incidents take many forms. Claims can arise from:
- Sudden braking that throws passengers forward
- Slipping on wet or uneven flooring inside a bus or station
- Faulty doors or mechanical malfunctions
- Assaults due to poor onboard security
- Collisions with other vehicles or fixed objects
Even something as seemingly minor as a sprain caused by a jerky stop can result in compensation—if negligence can be proven.
What to Do Immediately After an Injury
Seek Medical Attention
Always prioritize your health. If paramedics are on the scene, get evaluated. Even if you walk away thinking you’re fine, symptoms like whiplash, internal injuries, or concussions can appear later. Visit an urgent care clinic or your doctor within 24 hours and keep all medical records.
Report the Incident
Notify the driver or transit employee as soon as possible. Most transit authorities require an internal report to be filed. Get a copy if you can or at least note the name and badge number of the employee you spoke with. This report can play a key role later in your claim.
Collect Evidence
Use your phone to document everything. Take photos of your injuries, the scene, any visible hazards, and even the vehicle’s license or route number. If others saw what happened, get their names and contact info. Witness statements can back up your version of events.
Don’t Assume It’s Too Small
One of the most common mistakes victims make is brushing off the injury. You might think, “It’s just a bruise,” only to discover weeks later that there’s ligament damage or chronic pain developing. If the incident caused harm, no matter how small it seems at first, it deserves legal attention.
Filing a Claim Against a Government Agency
When you’re dealing with a public transit authority, you’re essentially filing a claim against a government body. This triggers special rules known as “sovereign immunity” laws. While these rules don’t make it impossible to sue, they do limit how and when you can bring a case.
Notice of Claim
Before you can file a lawsuit, you typically must submit a “Notice of Claim” to the agency—usually within 30 to 90 days of the injury. This notice alerts the transit authority that you intend to seek damages. Miss the deadline, and you may lose your right to sue altogether.
The notice must include:
- Your name and contact information
- Date, time, and location of the incident
- Description of what happened
- The nature of your injuries
- Estimated damages
It’s highly recommended to have an attorney draft and file this notice, as any errors could invalidate your case.
Proving Negligence
Not all accidents on public transit lead to a successful claim. You must prove that the transit authority or one of its employees was negligent and that this negligence caused your injury. That means showing:
- A duty of care existed (you were a passenger)
- The duty was breached (e.g., the driver was distracted or the bus was poorly maintained)
- The breach led to your injury
- You suffered actual damages (medical bills, lost wages, etc.)
Video surveillance, incident reports, medical records, and witness accounts all help build your case.
Compensation You May Be Entitled To
If your claim is successful, you may recover compensation for:
- Medical expenses (including future treatment)
- Lost income or earning potential
- Pain and suffering
- Emotional distress
- Disability or permanent impairment
However, many government entities cap the amount you can recover in lawsuits against them. These damage caps vary by state and sometimes by agency, so it’s important to have a legal team familiar with local transit laws.
When to Contact a Personal Injury Attorney
Dealing with a transit authority is rarely straightforward. Their legal teams know how to minimize payouts, and even your own insurance company may pressure you to settle quickly.
That’s why hiring an experienced personal injury attorney early in the process can make all the difference. A lawyer can:
- Ensure your notice of claim is filed correctly and on time
- Investigate the incident and gather strong evidence
- Negotiate with the transit agency or insurance carriers
- Represent you in court if necessary
Most importantly, they’ll fight for fair compensation while you focus on healing.
Conclusion: Protect Your Rights After a Transit Injury
Getting injured on public transit can turn your daily routine upside down. Between medical appointments, missed work, and insurance paperwork, it’s easy to feel overwhelmed. But you don’t have to face it alone—and you don’t have to give up your right to fair compensation just because a city agency is involved.
At Alan Ripka & Associates, we understand the complexities of public transit injury claims. Our team has helped countless victims hold transit authorities accountable and recover the damages they deserve. If you or a loved one has been injured while riding public transportation, don’t wait.
Call us today for a consultation. We’ll walk you through your options, file the necessary paperwork, and handle the legal heavy lifting—so you can focus on getting back on your feet.
