You can get around Las Vegas and its surrounding cities cheaply and conveniently thanks to its public transportation options. These include the Regional Transportation Commission (RTC) bus system, the double-decker Deuce bus (servicing the Strip and downtown areas), and the Las Vegas Monorail (servicing the east side of the Strip). There’s also underground transportation in Tesla-like vehicles via the Vegas Loop and Downtown Loop.
These options can be faster and safer than trying to navigate the Vegas area on your own amidst packed roads and sidetracked tourists. But unfortunately, public transportation is not immune to accidents.
If you are injured on public transportation in Vegas, you may wonder what to do next. It’s not like a standard car accident where you can simply file a claim against the other driver. There are often multiple entities involved. For example, if you’re injured on a bus, is the bus driver responsible? Or the government entity that operates the bus?
In this guide, our Las Vegas car accident attorneys will break down the responsibilities of various parties in public transportation accidents, illustrate common scenarios, and provide practical steps to navigate potential legal claims.
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Types of Public Transportation Accidents
Common public transportation accidents in Las Vegas include:
- Vehicle Collisions: Buses or shuttles may collide with other vehicles, pedestrians, or objects.
- Slip and Fall Incidents: Passengers may slip on wet floors, broken steps, or poorly maintained ramps.
- Sudden Stops or Swerves: Drivers’ abrupt maneuvers can cause passengers to fall and sustain injuries.
- Vehicle Failures: Brake malfunctions, tire blowouts, or other equipment failures can lead to accidents.
- Station Accidents: People may be injured in public transportation stations due to dim lighting, broken infrastructure (such as broken handrails or escalators), poorly maintained walkways, etc.
- Assaults: Passengers could be the victims of criminal attacks at transportation stations or on buses, light rails, etc.
Who Can Be Held Liable?
At the heart of any legal claim is liability, which involves causing harm or loss to another party. You can start your claim by determining who is liable for your property damages and/or injuries. In public transportation accidents, this could be:
1. The Driver
Bus drivers, shuttle operators, and train conductors have a duty to operate vehicles safely and follow traffic laws. Negligence on their part, such as distracted driving, speeding, or failure to yield, can make them personally liable.
2. Government Agencies
Many public transportation systems in Nevada are operated by government entities like RTC Southern Nevada. These agencies are generally protected by sovereign immunity (more on that in the next section). However, negligence claims can still arise under certain circumstances, such as failure to repair dangerous road conditions or defective transit infrastructure.
3. Third Party Companies
Government transportation authorities may outsource things like vehicle maintenance or employee training to separate companies. If they do not perform their duties up to a certain standard, they could be held liable.
4. Vehicle Manufacturers
If the accident was caused by a faulty part within a vehicle, you may be able to file a product liability claim against the manufacturer.
Sometimes, liability falls on multiple entities. For example, if you are riding a bus in Las Vegas and the driver runs a red light, causing a collision, liability may fall on both the driver for reckless operation and the transportation company if they failed to implement safety monitoring or driver training programs.
What’s Different About Suing Government Agencies?
If a government agency is liable for your injuries, you will soon see that suing the government is different than suing another person. Here’s why:
Common Carrier Standard
Common carriers are defined as entities that transport items or people for a fee. These include city buses, light rails, commuter trains, etc. While other drivers have to show “reasonable care” for other motorists, common carriers are required to meet the “highest standard of care” in protecting their passengers.
This includes maintaining all aspects of their vehicles, thoroughly training all of their employees, operating vehicles at the highest standard of safety, and eliminating hazards in transportation stations and vehicles (such as wet floors, debris, broken steps or ramps, etc.).
The common carrier standard could work in your favor, as the burden of proof may be lower than with claims against private drivers.
Sovereign Immunity
Government entities enjoy “sovereign immunity,” which historically made it very difficult to sue the government without its consent. Modern legislation has made it easier to sue government agencies for negligence; however, you will have to follow very strict procedural rules, such as meeting quick deadlines for filing your claim.
Capped Compensation
When you sue the government in Nevada, your damages are capped at $200,000. So if your damages exceed this amount, you will not likely be able to recover the full amount.
Establishing Liability in Nevada
To pursue a legal claim, you must establish liability, which involves the following factors:
- Duty of Care: You must show that the responsible party owed you a legal obligation to operate safely.
- Breach of Duty: You must show that the responsible party failed to meet the expected standard of care.
- Causation: You must show that the responsible party’s actions or inactions led to your injuries.
- Damages: You must show the extent of the injuries or losses you incurred due to the other party’s actions (e.g., property damages, medical expenses, lost wages, or physical pain).
Steps to Take After a Public Transportation Accident
If you are injured in a public transportation accident, taking the right steps protects your health and your legal rights.
1. Seek Medical Attention
Get emergency medical attention right away if you have significant injuries. But even if your injuries are minor, see a doctor. Some internal injuries or soft tissue damage may not be immediately visible and can get worse if ignored.
2. Document the Scene
Take photos of the accident scene and any hazards that contributed to the accident. If your injuries are visible, photograph them as well (or have someone else photograph them for you). Write down all of the details of the accident while your memories are fresh.
3. Report the Incident
Notify the driver, transit authority, or shuttle company. Request a copy of the official accident report.
4. Gather Witness Statements
Other passengers or bystanders may provide valuable accounts of the incident. Get their contact information.
5. Keep Evidence
This includes your transit ticket and even the clothing you were wearing at the time of the accident. (It is best not to wash clothing to preserve any relevant evidence.)
6. Do Not Give an Official Statement
The transit authority and/or insurance company may pressure you to give a recorded statement, either in person or on a recorded telephone line. Do not do this without first talking to an attorney.
7. Preserve Receipts and Records
Keep records to show damages from the accident. This includes medical records, medical receipts, a log of days off work due to your injuries, receipts for property damages, etc.
Consulting an Attorney
An experienced attorney can help you:
- Identify all potentially liable parties
- Gather evidence to support your claim
- File paperwork within strict deadlines
- Negotiate with insurance companies for fair compensation
- Help you know whether to accept a settlement or press for more
- Represent you in court if necessary
While you can defend yourself in a personal injury case involving public transportation, these cases can be very complex. It can be difficult to establish liability, especially if there are multiple parties involved. If a government entity is at fault, you will need to adhere to strict filing deadlines and work with potential damage caps.
An attorney can help you navigate these cases efficiently, present the most compelling evidence to support your case, and get you the maximum award possible.
If you’re looking for an “accident injury attorney near me” to help with your public transportation injury claim, contact Tingey Injury Law Firm today.