Buses and trains are a big part of Californian’s commutes. It’s bad enough when mass transit is late, but an accident with injuries can set lives back for months. If the only answer is to sue for financial damages, it’s best to know who can be sued and why.
When is a transit worker or bureau responsible for an injury?
Federal law regarding torts, which includes most personal injury lawsuits, features immunities for transit agencies against liability if an injury was caused by a mandatory regulation or a decision weighing social needs and other larger issues. Employees are generally no longer protected if they fail to follow these regulations.
How does this factor into a possible mass transit injury lawsuit?
This mostly matters to the decision to sue an individual, organization or both. That is, in turn, dictated by the circumstances of an injury. For example, a simple slip and fall on a wet floor may be the fault of a custodian or manager, but an injury due to the design or normal operation of a vehicle or facility may be best blamed on the organization that runs it.
What sorts of accidents provide the people involved with legal immunity?
California state law has many statutes protecting the decision-making discretion of transit workers. This includes a failure to put up adequate signage, designing or approving a public service facility and other general protections of discretion.
Do I need a lawyer for a mass transit injury lawsuit?
It is possible to forward a claim on your own, but most legal professionals would recommend an attorney to assemble a case and represent a plaintiff’s interests. A lawyer may increase the chances of a successful lawsuit.