San Diego’s public transportation system carries over 250,000 people every day, whether by MTS bus, San Diego Trolley, the Amtrak train or ferries. While these transit options are generally safe, accidents happen—leaving passengers, pedestrians, and even transit workers with serious injuries.
If you suffered injuries in a bus accident, trolley accident, train accident or ferry accident, knowing your rights is crucial. Whether it was due to a negligent driver, unsafe conditions, or a transit system failure, you may be entitled to compensation for your injuries.
Given that most San Diego transit accidents involve government agencies, which means shorter time limits for filing a legal claim, it’s important to act quickly to secure your rights. The Dominguez Firm offers free consultations at (800) 818-1818. Call us today!
Common Causes of Public Transit Accidents in San Diego
Public and private transportation accidents can happen in many ways. Some of the most common causes include:
- Driver Negligence – Speeding, distracted driving, or failing to follow traffic laws.
- Poor Maintenance – Buses, trolleys, and trains require regular maintenance. If mechanical issues are ignored, accidents can occur.
- Unsafe Stops or Stations – Cracked sidewalks, poor lighting, and lack of safety features can lead to slip-and-fall accidents.
- Collisions with Other Vehicles – A bus or trolley accident can involve cars, motorcycles, bicycles, and even pedestrians.
- Sudden Stops and Sharp Turns – Passengers standing on a bus or train may fall and suffer injuries due to abrupt movements.
- Operator Fatigue – Long shifts can lead to exhaustion and slower reaction times.
- Weather Conditions – Rain and fog can make it difficult for transit drivers to see obstacles or brake in time.
Who Can Be Held Liable in a Public Transit Accident?
Determining liability in a public transportation accident is often complex. Depending on the circumstances, the responsible party may include:
- The transit agency – The San Diego Metropolitan Transit System (MTS) or North County Transit District (NCTD) may be liable if poor maintenance or other system failures caused the accident.
- A bus, train, or trolley driver – If a driver’s reckless behavior caused the crash, they could be held responsible.
- Another vehicle’s driver – If another motorist collided with a bus or train, they could be liable.
- A private company – Some public transportation services contract private companies for maintenance or operations. If an issue with their work leads to an accident, they may be responsible.
- Manufacturers – If a bus, trolley, or train accident was caused by a mechanical defect, the manufacturer could be held accountable.
Each case is different, so a thorough investigation is necessary to determine who should be held responsible.
What Should I Do After a Public Transit Accident in San Diego?
Taking the right steps after an accident can protect your health and any potential legal claim.
- Seek Medical Attention – Even if you feel fine, injuries can appear hours or days later.
- Report the Accident – Notify the bus driver, trolley or ferry operator, or transit agency immediately. If law enforcement arrives, get a copy of the report.
- Gather Evidence – Take pictures of the accident scene, your injuries, and any property damage. Get witness statements if possible.
- Save Important Documents – Keep medical records, accident reports, and any communication with transit authorities.
- Avoid Speaking to Insurance Companies – They may try to settle quickly for less than you deserve.
- Consult a Public Transit Accident Attorney Immediately – An experienced personal injury lawyer can guide you through the legal process and protect your rights.
What Compensation Could I Be Entitled to for My San Diego Transit Accident Injuries?
Compensation in mass transit accident cases is typically divided into three categories:
Economic Damages
These compensate for financial losses resulting from the accident, including:
- Medical bills related to your accident injuries such as:
- Emergency room visits
- Hospital stays
- Medical treatments
- Surgeries
- Rehabilitation and physical therapy
- In home care
- Mental health counseling
- Prescriptions
- Lost wages due to time off work
- Reduced earning capacity if the injuries affect future employment
- Property damage (e.g., a damaged bicycle if hit by a bus)
Non-Economic Damages
These cover emotional and personal losses that don’t have a direct financial cost, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship (for families of wrongful death victims)
Punitive Damages
Punitive damages are awarded in cases where the at-fault party acted with gross negligence or intentional harm. While they are less common, they can apply in situations like:
- A transit driver operating under the influence, or experiencing road rage
- A transit agency ignoring serious safety violations
- A manufacturer knowingly selling defective parts
The amount of compensation depends on the severity of your injuries, the circumstances of the accident, and the liable parties.
What If I Was Injured While Working for a Public Transit Agency?
If you were injured while working as a bus driver, train operator, or transit maintenance worker, you may be eligible for workers’ compensation benefits.
California’s workers’ compensation system covers:
- Medical treatment
- Temporary or permanent disability benefits
- Vocational retraining (if you can’t return to your previous job)
- Death benefits for families of workers who suffered fatal injuries
You may also be able to file a personal injury claim in addition to a workers’ comp claim if a third party (such as another driver or a maintenance company) contributed to the accident.
My Accident Injury Involves an Amtrak Train. What Legal Action Can I Take?
If you’re injured on or by an Amtrak train in San Diego, know that Amtrak is a government-run entity. This means that while you have the right to seek compensation for your injuries, this type of train accident is more complex because it falls under federal law. There are unique rules and deadlines that must be followed.
Comon Reasons for Amtrak Accidents:
Amtrak’s Safety Record and Aging Equipment
Amtrak has long been plagued by outdated equipment and inefficient operations. Many of Amtrak’s passenger cars are extremely old—approximately 50% of their cars were built before 1980. This outdated equipment poses a safety risk, as it can be prone to mechanical failures, which contributes to accidents.
Unprotected Railroad Crossings and Malfunctioning Signals
You don’t even have to be an Amtrak passenger to suffer injuries due to one of their trains or equipment. A case in point is their failure to maintain safe crossings. Some lack proper warning devices such as automatic gates or functioning hazard lights. When these fail, it can lead to catastrophic collisions, injuries, and fatalities.
If you’re injured due to Amtrak’s negligence, you are entitled to the same damages as someone injured in a San Diego public transit accident. However, it’s crucial to hire a personal injury attorney with a thorough understanding of federal railroad regulations. These personal injury law firms understand the specific rules that apply to Amtrak and can guide you through the process, ensuring you receive the compensation you deserve.
What Are My Rights If I’m Injured in a Ferry Accident in San Diego?
Unlike public buses or trolleys, all ferry services in San Diego are operated by private companies, such as Flagship Cruises & Events, which runs the Coronado Ferry. While these ferries are generally safe, accidents can still happen due to operator negligence, mechanical failures, or unsafe dock conditions.
Common ferry accident injuries include:
- Slip and falls due to wet or unstable surfaces
- Head and spinal injuries from sudden stops or collisions
- Drowning or near-drowning incidents if a passenger falls overboard
- Broken bones or lacerations from unsafe boarding areas or malfunctioning equipment
Ferry accident claims can be complex because maritime laws often apply, which have different regulations and deadlines than standard personal injury cases. Additionally, evidence can be difficult to collect from the body of water, making witness statements and video footage crucial.
Despite these challenges, injured ferry passengers are entitled to the same types of compensation as other mass transit accident victims, including medical expenses, lost wages, pain and suffering, and more.
Note that because they are private companies, you have up to two years from the date of your ferry accident to file a claim. But you should not wait so long. Because of the legal complexities, working with an experienced personal injury lawyer right away can help ensure you receive the compensation you are entitled to.
What Are My Rights If I’m the Victim of a Crime While Riding on Public Transit?
Public transit should be a safe way to travel, but crimes such as assault, robbery, and harassment can occur on buses, trolleys, trains, and even at transit stations. If you are the victim of a crime while using public or private transportation in San Diego, you may have legal options beyond the criminal justice process.
Transit agencies like MTS and NCTD are responsible for providing a safe environment for passengers. If they fail to take reasonable security measures—such as having working surveillance cameras, proper lighting, or security personnel—you may have grounds for a negligent security claim against the transit agency or property owner.
Additionally, if you were injured during an attack, you may be entitled to same types of compensation as those injured in accidents. Holding the responsible parties accountable can help improve safety and prevent similar incidents in the future.
If you are the victim of a crime on public transit:
- Report the incident immediately to law enforcement and the transit agency.
- Document any injuries and gather witness contact information.
- Contact an experienced personal injury law firm to explore your rights and potential compensation.
Even if the person who attacked you isn’t arrested, found, or acquitted in criminal court, you can still file a personal injury claim against the transit agency in question in civil court.
A personal injury claim won’t erase the trauma, but it can provide financial relief and a sense of justice.
How Long Do I Have to File a Claim?
Understanding the statute of limitations for your claim is crucial. If you wait too long, you may lose your right to seek compensation. Here are the standard deadlines in California:
- The majority of San Diego transit accident claims are against public agencies (e.g., MTS, Amtrak or NCTD). They must be filed within six months of the accident.
- Personal injury claims against private parties (e.g., a private bus company or ferry operator) must be filed within two years of the accident.
- Workers’ compensation claims should be reported as soon as possible, but you have up to one year to formally file.
Certain exceptions can extend these deadlines. If the injured victim is a minor (under 18), the statute of limitations is typically paused until they turn 18. Active-duty military personnel may also receive an extension under specific legal protections.
Regardless of the time limit for your particular case, it’s never a good idea to delay filing a claim. There are several reasons why:
Over time, vital evidence—such as surveillance footage or accident reports—can be lost. Eyewitness memories fade, and their contact information may no longer be valid.
Defense attorneys will likely ask why you waited and if your injuries were even caused by your train, trolley, ferry or bus accident.
Acting quickly strengthens your case and helps ensure you and your accident attorney have the necessary proof to support your claim.
The Public Transit Accident Attorneys at The Dominguez Firm Can Help You
A public transit accident can turn your life upside down. Medical bills, lost wages, and pain from injuries can feel overwhelming—but you don’t have to go through it alone.
If you or a loved one were injured in a bus accident, trolley accident, ferry accident or train accident in San Diego, The Dominguez Firm can help. Call us today for a free consultation at (800) 818-1818. Our litigation attorneys and entire legal staff are ready to help you put your life back together again.
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