In cases of injuries that are caused by government employees or independent contractors, it’s important to note that the employee or contractor must have been actively carrying out government work at the time of the incident. So, for example, it may be possible to hold the government liable for the negligent actions of a city bus driver if their negligence caused an accident while they were driving during their shift. But if the negligence of a Metro bus driver causes an accident while they are not at work, it is not possible to hold the government liable for the accident.
Per CTCA, there are specific steps an injury victim needs to take when pursuing a government agency such as the LACMTA. These steps include:
It’s not uncommon for claims to be flatly rejected by the LACMTA. However, an accident victim can still choose to pursue their case in court if their claim is rejected. Metro accident victims who have a claim rejected should be aware that while the standard statute of limitations for California personal injury lawsuits is two years, the statute of limitations is once again shorter when a government agency is involved. If you want to sue LACMTA, you must do so within a year of receiving a rejected claim.
Whether your injury case can be handled through a claim or must be taken to court, we recommend seeking legal counsel. It’s best to seek legal representation before you attempt to file a claim with the LACMTA on your own. This type of claim must include a detailed account of the commuter vehicle accident that caused your injury. The information included within this written statement is important for your claim and may also prove very important if you end up filing a lawsuit. A personal injury attorney can help you prepare your written statement and ensure that it is accurate and complete so that you do not accidentally hurt your case now or in the event of a future lawsuit.
Metro accidents can be caused by a wide variety of issues, including:
Poor Weather Conditions: Certain weather conditions can impede a driver’s ability to see the road or control their vehicle, impairing their ability to drive safely.
Some examples of public transportation accident injuries include:
In California, more than one party can be found liable for the damages caused by an accident. If more than one party is found to be legally responsible for an accident, fault will be assigned in percentages. In this case, each party would be responsible for their proportionate percentage of the losses caused by the accident.
Determining who is liable in a Los Angeles Metro accident can be a complex process. Generally, liability in a California accident case is determined based on negligence. So, typically, you must examine how much each party involved in an accident may have been and how much that negligence factored into the incident and, ultimately, the victim’s injuries.
It’s common for more than one party to be at fault in a Metro accident case. A wide variety of people and entities could contribute to a Metro accident, including:
Accurately determining liability in a Metro accident case takes investigation and an expert understanding of California personal injury law. An experienced Metro rail line and bus accident attorney can help you uncover whose negligence led to your injuries, determine which parties can be held legally liable for your injuries, and furnish the critical evidence you need in order to build a strong case.
Compensation in a Los Angeles Metro accident is based on each individual’s losses. Victims in a Metro accident case may be entitled to recover compensation for a variety of losses caused by their injury, including: