There are almost 140,000 people in Visalia, and many of them rely on the city’s bus service to get them to work or shopping. Visalia Transit (VT) has 13 busses and covers over 400 square miles with fixed bus lines and also has a Dial-A-Ride program that gets people from curb to curb across the city.
Unfortunately, the more successful they are and the more people and miles they cover, the greater the likelihood that some riders will be injured in an accident.
Suing Visalia Transit
When someone is injured on VT bus or van where the fault is the other driver, then that driver’s insurance will cover the injuries and financial losses up to the policy amount. However, if the VT driver, is at fault, then the person has to make a claim against the city for compensation.
Sovereign Immunity
At first blush, it seems impossible to sue the city because of the doctrine of sovereign immunity. This long-standing rule that came to the U.S. from the days of the British colonies, says that a government—federal, state, county or city—can’t be sued. This is to protect the government from an endless parade of lawsuits which threaten to drain the public funds.
However, California passed the Tort Claims Act that allows certain lawsuits, and one area of suits allowed are those suits for damages from a personal injury. There are restrictions to making a claim, but it’s still possible.
Types of Claims Made Against the City
The Claims Act says that any claim for money damages can be brought against the city or any government level. A personal injury is a claim for money damages and thus is allowed against the city for injuries that come from the city’s transit system. Some of the types of claims that are allowed against the city are:
- Auto Accidents where VT is at fault
- Injuries incurred as a Rider
- Slip or Trip-and-Fall Injuries
- Injuries at Pickup/Drop off Stations
- Injuries inside VT buildings
How to Make a Claim for a Personal Injury Against Visalia Transit
Anyone who wants to sue the city for injuries caused by the city, has to first submit a claim form that seeks damages from the city. The Tort Claims Act allowed each government entity to process the claims against them and deny or accept each claim.
There are also deadlines that must be met, with the first one starting immediately after the date of the injury. The form must be filled out and filed within six months of the date of the incident. The government then has 45 days to accept or reject your claim. If they reject, then you have six months to file a claim in court.
The detail in how these deadlines work can be tricky, and failure to meet a deadline could result in the dismissal of your claim.
Contact a Visalia Car Accident Lawyer
The Claims Act does not require a person filing a claim to have an attorney. However, there are deadlines as well as statute of limitations that need to be considered. Also, what you say in your claim can be used in later proceedings, so any mistake can make things difficult at a later stage.
The best thing to do is to talk to an attorney right away after you are injured. This way you will be advised of your rights under the law. Then if you decide to hire an attorney, you need one that is knowledgeable in personal injury law and understands how the Tort Claims Act works.
After any accident involving a serious injury, speak to an experienced Visalia car accident lawyer such as Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer, get honest advice and the personalized attention to detail their case deserves.
Contact Maison Law today at 559-203-3333 or by using our contact form.
