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Bus operators in California owe a heightened common-carrier duty of care. The case turns on whether the operator is Metro, LAUSD, a private charter, or a federal-system carrier — and on the underlying claim deadlines.
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Why a bus case is structurally different
A bus collision in Los Angeles is governed by a duty of care that is substantively different from the standard negligence duty. California treats bus operators as common carriers under Civil Code §2168 and the related case law, which means the operator owes passengers the highest degree of care consistent with the operation of the carrier. This heightened duty changes the liability analysis and often the settlement value.
The first liability question is operator identity. Metro buses (LACMTA — Los Angeles County Metropolitan Transportation Authority) carry public-entity exposure under Government Code §835 and the §911.2 claim deadline. Big Blue Bus (Santa Monica), Foothill Transit, Culver CityBus, and the various municipal lines have their own claim-presentation rules. School buses run by LAUSD or by a contractor have a separate framework. Private charter operators (Megabus, Greyhound, FlixBus, hotel shuttle services, casino transportation) operate under standard commercial-auto liability. Federal Motor Carrier Safety Regulations apply to interstate operators.
On the medical side, bus collisions produce a particular injury pattern. Standee passengers — passengers without seatbelts, often standing — suffer fall injuries during sudden braking or impacts. Wheelchair users on accessible buses face anchoring-system issues. Drivers and other passengers in the typical bus seating layout face whiplash, neck, and head injuries from the lack of crashworthy restraint systems.
Pedestrian and cyclist plaintiffs hit by a bus face the same severe injury exposure as in any large-vehicle collision. Bus blind spots are substantial, and the right-side blind spot at intersections is a recurring causation factor.
Burg & Brock has handled bus cases against Metro, LAUSD, and the major private carriers out of the Sherman Oaks, Beverly Hills, and Glendale offices. The firm tries cases. Bus carriers and public-entity self-insurance pools settle differently with firms that have filed and pushed cases through depositions.
Your rights under California law
California gives bus passengers a heightened common-carrier duty. Public-entity bus cases additionally run through the Government Code claim framework.
Lopez v. Southern California Rapid Transit District (1985) 40 Cal.3d 780 controls the duty of care owed to bus passengers — the highest degree of care consistent with the carrier's operation. Squaw Valley Ski Corp. v. Superior Court reinforces the standard. Cabral v. Ralphs Grocery Co. (2011) 51 Cal.4th 764 frames the foreseeability analysis for commercial-vehicle operators in pedestrian-dense zones.
Ramos v. Brenntag Specialties, Inc. and Hall v. Aurora Loan Services bear on standard negligence framework. Greenman v. Yuba Power Products (1963) 59 Cal.2d 57 anchors product-liability theories against bus, brake-system, or component manufacturers.
How Burg & Brock works your case
Bus cases require working the operator-identity question, the claim-presentation framework if applicable, and the standard liability investigation in parallel.
- Operator identification. Metro (LACMTA), school district, municipal line, private charter, federal interstate. The choice determines insurance, claim framework, and discovery.
- Litigation hold. Driver qualification file, route records, prior-incident history, GPS and AVL (automated vehicle location) data, on-board video (most modern buses have multi-camera systems), brake and maintenance records.
- Government-claim filing if applicable. Six-month written claim under Government Code §911.2. Drafted before the medical record is complete in serious cases.
- Medical and damages workup. Treating-physician records, future-care planning, lost-earnings analysis.
- Reconstruction and biomechanical work. Reconstructionist for impact dynamics; biomechanical for injury-mechanism analysis, especially for standee-passenger fall cases.
- Demand and litigation. Demand structured to applicable insurance and claim framework. Filing in LA County Superior Court.
Operational note: Metro and most public-entity bus operators have on-board video systems with substantial retention but specific procedures for footage release. We pursue the footage by litigation-hold and Public Records Act request.
Common bus collision profiles in Los Angeles
Metro bus passenger fall injuries. Standee passengers thrown during sudden braking or hard turns.
Pedestrian struck by Metro bus. Crosswalk and intersection collisions, particularly at right-turn movements with pedestrians on the right side.
Cyclist struck by Metro bus. Right-side blind-spot collisions in the bike lane.
Bus-versus-vehicle T-bone collisions. Standard intersection collision profile compounded by passenger-injury cases.
School-bus collisions. LAUSD-operated and contractor-operated school buses; passenger-student injuries plus driver and pedestrian cases.
Charter and intercity bus collisions. Megabus, Greyhound, FlixBus, casino shuttle — federal carrier-safety framework applies.
Hotel and airport-shuttle collisions. Private commercial-auto liability, often $1M to $5M policies.
Wheelchair-anchoring failures. Mobility-aid tie-down failures during transit causing passenger injury.
Bus stop and bus-shelter collisions. Vehicles striking pedestrians waiting at or boarding from a bus stop or shelter.
Hit-and-run cases. Bus driver who fails to stop, or another driver who hits a bus and flees — UM/UIM coverage analysis applies.
Common causes
- Driver inattention or distraction in violation of CVC §23123.
- Excessive speed for conditions or for vehicle type in violation of CVC §22350.
- Failure to yield at crosswalks under CVC §21950.
- Right-side blind-spot inadequacy at intersections.
- Inadequate driver training on common-carrier duty.
- Brake-system maintenance failures.
- Wheelchair-anchoring system failures.
- Standee-passenger handling issues — sudden braking without adequate warning.
- Driver fatigue (federal HOS rules apply to interstate operators).
Liability theories
Bus liability typically reaches multiple defendants. The standard analysis includes:
- The operator — primary negligence under Civil Code §1714 plus the heightened common-carrier duty under Civil Code §2168.
- The bus operator entity — Metro, LAUSD, charter company — under respondeat superior plus negligent hiring, training, supervision.
- The vehicle manufacturer for any brake, steering, or anchoring-system defect under Greenman.
- The maintenance contractor for inadequate vehicle service.
- A government entity if the bus operator was a public entity and Government Code claim was timely filed.
- Caltrans for dangerous-condition contribution where roadway design factored.
Government-entity bus cases (Metro, LAUSD, municipal lines) carry the six-month Government Code §911.2 deadline. Private-charter cases run on the standard two-year clock.
How damages break down
Economic damages on a serious bus case track standard catastrophic-injury analysis: past medical (Howell), future medical care, lost earnings, lost earning capacity, household services. Common-carrier passenger cases sometimes have additional psychological-trauma elements when the carrier's breach of duty is particularly egregious.
Non-economic damages cover pain and suffering, disfigurement, loss of enjoyment of life, and loss of consortium. Wrongful-death heirs recover under CCP §377.60.
Punitive damages under Civil Code §3294 are available on clear-and-convincing-evidence proof of malice — most often in private-carrier cases with documented safety-record histories on the route, prior similar incidents, or HOS-falsification patterns.
Reported settlement and verdict ranges
| Case profile | Reported range | Drivers |
|---|
| Bus passenger standee-fall injury | $80,000 – $325,000 | Soft-tissue or moderate orthopedic injury, conservative treatment. |
| Pedestrian struck by Metro bus, fractures | $280,000 – $850,000 | Liability under common-carrier duty, surgical course. |
| Bus collision with mild TBI | $525,000 – $1.6 million | Documented LOC, neuropsych testing, cognitive deficits. |
| Catastrophic bus collision injury | $2.5 million – $10+ million | Spinal-cord injury, severe TBI, life-care plan. |
| Wrongful-death bus case | $2.0 million – $9+ million | CCP §377.60 heirs; common-carrier-duty breach. |
Past results do not guarantee future outcomes. Each case is evaluated on its own facts and applicable law.
Why work with Burg & Brock
Burg & Brock has filed against Metro, LAUSD, and every major private-charter operator running buses in Los Angeles. The Government Code claim package and the common-carrier duty briefing are standardized.
The firm tries cases. Public-entity self-insurance pools and private carriers settle differently with firms that file complaints and depose drivers.
Contingency fee. Free consultation. Twenty-four-hour line.
Steps after a Los Angeles bus collision
- Get medical care first. ER evaluation. Document any head, spinal, internal injuries.
- Note the bus number and route. Visible on the bus exterior. The route assignment, run number, and driver-shift information are needed.
- Photograph the scene. Bus position, vehicle damage, your injuries, the boarding/alighting zone if relevant.
- Get witness contact info. Other passengers, drivers, pedestrians.
- Save fare cards and tickets. TAP cards, charter tickets, school-bus passes — these establish passenger relationship and time.
- Do not give a recorded statement. Carrier or public-entity claim handlers will call quickly. Refer to counsel.
- Call a lawyer in the first ninety-six hours. Public-entity claim deadlines run in six months. On-board video retention windows close fast.
Where these cases are filed
LA County Superior Court — Stanley Mosk Courthouse — for cases occurring in LA County. Cases against Metro and LAUSD require Government Code §911.2 written claim within six months and proceed in Superior Court after rejection or 45-day non-action.
Federal interstate-carrier cases sometimes proceed in federal court when the carrier is out-of-state and amount in controversy is over $75,000.
Frequently asked questions
What is the common-carrier duty under California law?
Civil Code §2168 states that a common carrier of persons must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.
Lopez v. Southern California Rapid Transit District (1985) 40 Cal.3d 780 articulates the duty as the highest degree of care consistent with the carrier's operation. The duty is substantively higher than ordinary negligence.
Who runs the buses in Los Angeles?
Metro (Los Angeles County Metropolitan Transportation Authority), Big Blue Bus (Santa Monica), Foothill Transit (San Gabriel Valley), Culver CityBus, Long Beach Transit, Antelope Valley Transit Authority, and other municipal lines run public buses. LAUSD and various district-contracted operators run school buses. Private charter operators (Megabus, Greyhound, FlixBus, casino shuttles, hotel and airport shuttles) run interstate and intrastate charter service.
I was hurt on a Metro bus. What is the deadline to file?
A written tort claim with Metro must be filed within six months of the date of injury under
Government Code §911.2. Failure to file the claim on time can bar the case. Late-claim relief is available in narrow circumstances under Government Code §911.4 but should not be relied on. We open the file early and draft the claim before the medical record is complete in serious cases.
What if I was a school-bus passenger?
School-bus cases involve LAUSD or a contracted operator. LAUSD claims run through the same Government Code §911.2 framework. Contractor cases run on the two-year clock with private commercial-auto coverage. School-bus operators are subject to the general common-carrier duty plus specific California Vehicle Code provisions for school-bus operations.
Was I supposed to be holding on?
Standee-passenger handling is the operator's responsibility. The operator must give standees adequate warning before braking or hard turns and must operate the vehicle in a manner consistent with the safety of standing passengers. Failure to do so is a breach of the heightened common-carrier duty under Lopez v. SCRTD.
What if my wheelchair anchoring failed?
Wheelchair-anchoring system failures are a recurring cause of action against bus operators. The operator must inspect and properly secure mobility devices before starting the trip. Failure to do so is a breach of duty; the case may also include product-liability theories against the anchoring-system manufacturer.
Can I sue Metro for a bus driver's drunk driving?
Yes. Public-entity bus operators are vicariously liable for their drivers' negligence under the same respondeat superior principles. Drunk driving by the operator is malicious conduct that supports a punitive-damages claim against the driver personally; the public entity itself is not subject to punitive damages under California law.
What if the bus was operated by a federal interstate carrier?
Federal Motor Carrier Safety Regulations at 49 CFR Subchapter B apply, including HOS rules at 49 CFR Part 395, driver-qualification rules at 49 CFR Part 391, and general safety standards. Cases sometimes proceed in federal court under diversity jurisdiction when the amount in controversy is over $75,000 and the carrier is out-of-state.
How long do I have to file a private-charter case?
Two years from the date of injury under
CCP §335.1. Charter terms-of-service may include arbitration clauses; we analyze them at the start.
What if a pedestrian was struck by the bus?
Standard pedestrian-injury analysis under CVC §21950 plus the operator's common-carrier duty toward boarding passengers and pedestrians at bus stops. The operator-identity question controls the claim framework.
How long does a bus case take?
Typically twelve to thirty months. Public-entity cases tend to run longer because of the claim-rejection process and the entity's discovery practices.
How much does Burg & Brock charge for a bus case?
Nothing up front. Contingency fee. Case costs (experts, depositions, court filings) are advanced by the firm.
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Talk to a Burg & Brock attorney today
No fee unless we recover. Free consultation. Seven California offices, including Sherman Oaks (HQ), Glendale, Beverly Hills, Irvine, Bakersfield, Visalia, and Modesto.
Call (888) 528-8595
Burg & Brock office locations: Sherman Oaks (HQ) — 4554 Sherman Oaks Avenue, Unit A100, Sherman Oaks, CA 91403 · Glendale — 633 N. Central Avenue, Suite 200, Glendale, CA 91203 · Beverly Hills — 9701 Wilshire Boulevard, Suite 1000, Beverly Hills, CA 90212 · Irvine — 7545 Irvine Center Drive, Suite 200, Irvine, CA 92618 · Bakersfield — 4900 California Avenue, Tower B, 2nd Floor, Bakersfield, CA 93309 · Visalia — 2300 W Whitendale Avenue, Visalia, CA 93277 · Modesto — 1015 12th Street, Suite 4, Modesto, CA 95354. Phone: (888) 528-8595.
