Visalia, the county seat for Tulare County, has a vibrant city life, with activities and attractions that residents and tourists alike enjoy. Along with that, there is a variety of public transit options that can take you to most anything you want to do. Trains, buses and trolleys take patrons to locations in town as well as to Sequoia National Park. While it’s not a daily occurrence, accidents do happen between these public transit vehicles and private and business vehicles. There are various laws and ordinances in place when dealing with any accident, and one involving a government or public agency vehicle is even more complex.
Transit Accident in Visalia
California Transportation agencies have many safety precautions that attempt to protect the millions of commuters and travelers who utilize them daily. Even with these precautions in place, riders and others who are involved in transit accidents need to know a few things when faced with damages from public transit situations. You might be a rider on the transit, a passenger in an outside vehicle, or a third party bicyclist or pedestrian. Any level of injury is possible in these accidents, from scratches to debilitating or disfiguring injuries to death. Those injured in transit accidents might be entitled to damage-recovery from those agencies. Some things to note when dealing with a claim against public transit:
- Common Carriers This means the transit agency is expected to give a higher standard of care to protect patrons. California Civil Code 2100 uses the phrase “utmost care and diligence” to describe their responsibility toward passengers.
- Government agencies & public property As government agencies, they have eligibility for some immunity in liability. However, California Government Code 835 details standards for making sure public areas are safe. This is often used for liability determination in claims against government transit.
- Proof of negligence or reckless behavior Just like in any other claim, the victim’s attorney needs to prove the operator, facility or governing entity somehow was responsible. This can range from the operator speeding to substandard maintenance for facilities or vehicles.
- Time Limits Passengers or third parties with injuries must comply with the California Tort Claims Act when filing claims. Injured parties have only 6 months to file a claim against public entities, as opposed to filing a claim for up to 2 years against a private-party defendant. Additionally, these claims go before a transit agency governing board instead of civil court. That board has 45 days to judge the claim.
It’s easy to understand how important it is to have proper representation when dealing with a complex issue, such as being injured in a transit accident. The Maison Law Firm will go through the whole process with you, gathering evidence in their investigation, navigating the shorter claim times and particular government requirements for filing. Do not go into filing a claim alone against a public transit company with large resources. Let us get started on getting you what you are entitled to right away.
