By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt in a bus accident?
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What to do after a bus crash in California
- Get medical care the same day, even if you walked off the bus, and tell the doctor you were in a bus crash.
- Write down the bus details. The agency or company name on the side, the bus number, the route and the direction of travel. Photograph the bus, the scene and your injuries.
- Get the police report number and the names and phone numbers of other riders. Our guide on getting traffic camera footage in Los Angeles explains how to ask for video before it is overwritten.
- Keep your fare record. A transit card, a ticket or a charter receipt shows you were a paying passenger.
- Mark the six-month date on your calendar if a public agency runs the bus, and do not sign anything or give a recorded statement until you have advice.
Who runs the bus decides the deadline
City buses, school buses, airport shuttles and charter coaches can look alike after a crash. The legal path depends on the operator.
| Type of bus | First step | Deadline | Source |
|---|---|---|---|
| Public transit bus (city, county or transit district) | Written claim to the agency | 6 months for injury or death | Gov. Code § 911.2 |
| School bus run by a school district | Written claim to the district | 6 months for injury or death | Gov. Code § 811.2; § 911.2 |
| Private charter, tour bus or shuttle | Claim against the company and its insurer | 2 years to file suit | Code Civ. Proc. § 335.1 |
“Public entity” in the Government Claims Act includes the state, counties, cities, districts, public authorities, public agencies and any other political subdivision (Gov. Code § 811.2). A public entity is liable for injury or death caused by the negligent operation of a motor vehicle by its employee acting within the scope of employment (Veh. Code § 17001). Confirm from the police report and the markings on the bus who employed the driver. Our page on what to do when a city or county vehicle hits you covers the same rule for other government vehicles.
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Claims against a transit agency or school district
The claim for death or personal injury must be presented no later than six months after the cause of action accrues (Gov. Code § 911.2). The agency then has 45 days to act. If it does nothing, the claim is deemed rejected on the last day of that period (§ 912.4).
After a written rejection notice, you have six months from the date the notice was delivered or mailed to file the lawsuit. If no written notice was given, the limit is two years from the date the cause of action accrued (§ 945.6).
If you missed the six months, you can apply for leave to present a late claim. The application must explain the delay and must be made within a reasonable time, not more than one year after the cause of action accrued (§ 911.4). Leave is not automatic. Our page on the six-month claim rule walks through the claim form.
The six months applies to everyone hurt in the crash, including a driver the bus hit, as in this three-vehicle crash involving a Metro bus on Sherman Way in Reseda where five people went to hospitals.
The utmost-care rule for buses that carry passengers
California law says a carrier of persons for reward “must use the utmost care and diligence for their safe carriage” and “must provide everything necessary for that purpose” (Civ. Code § 2100). That is a higher standard than ordinary care.
The California Supreme Court applied it to a public bus system in Lopez v. Southern California Rapid Transit District (1985) 40 Cal.3d 780. The court held that section 2100 “imposes upon all common carriers — public or private — a duty of utmost care and diligence.” It held that the duty can include protecting passengers from assaults by other passengers, but only where the carrier knew or should have known an assault was likely and had the ability to prevent it. Carriers “are not insurers” of passenger safety. The court also held that the immunity statutes the transit district raised (Gov. Code §§ 845 and 820.2) did not bar the claim on the facts alleged (Lopez opinion).
A driver who pulls away before a rider reaches a seat, or who ignores a fight on board, may fall short of that standard. Bus crashes caused by other drivers happen too. In Chatsworth, prosecutors allege an SUV driver going the wrong way ran a red light and struck a Metro bus at Nordhoff Street and De Soto Avenue, killing two bus passengers (our report on the Chatsworth crash). Riders in a crash like that can have claims against the other driver as well as the bus operator.
School bus injuries
A school district is a public entity, so a claim over a school bus crash must also be presented within six months (Gov. Code § 911.2). Districts are not responsible for students’ safety off school property as a general rule, but that rule does not apply when the district “has undertaken to provide transportation for such pupil to and from the school premises.” In that case the district’s responsibility covers the time the student is or should be under the immediate and direct supervision of a district employee (Educ. Code § 44808).
Nationally, NHTSA counted 1,079 people killed in school-transportation-related crashes from 2014 to 2023. Seventy percent were occupants of the other vehicles, 171 were pedestrians and 113 were occupants of the school transportation vehicle (NHTSA, DOT HS 813 731). For a child, the six-month claim period generally still applies. Do not wait for the district to finish its own review.
Charter buses, tour buses and airport shuttles
Private bus companies in California are licensed by the Public Utilities Commission. A charter-party carrier (TCP) charters a vehicle on a prearranged basis for the exclusive use of a person or group. Most passenger stage corporations (PSC) run a fixed-route scheduled service or an on-call, door-to-door airport shuttle-type service (CPUC passenger carrier FAQ). Carriers should display their TCP or PSC number.
Both types must carry liability coverage based on seating capacity, including the driver: $5,000,000 for 16 or more seats, $1,500,000 for 9 to 15 seats, and $750,000 for 8 or fewer (CPUC General Order 115-G; General Order 101-E). A for-hire passenger carrier operating in interstate or foreign commerce must also meet the federal minimums: $5,000,000 for a vehicle seating 16 or more and $1,500,000 for 15 or fewer (49 C.F.R. § 387.33T; FMCSA). Federal hours-of-service rules bar a passenger-carrying driver from driving more than 10 hours after 8 consecutive hours off duty, or after 15 hours on duty (49 C.F.R. § 395.5). Logbooks and electronic records can show a tired driver.
Two recent California cases show the range. On the eastbound 60 Freeway in the City of Industry, a tour bus headed toward Mexico caught fire and an 89-year-old passenger died; CHP cited mechanical difficulties and smoke from the rear of the bus (our report). On Highway 99 in Ripon, a charter bus collided with at least two vehicles and shut down the southbound lanes for about two hours (Ripon charter bus crash).
Deadlines, shared fault and California crash numbers
- Six months to present a claim to a public entity (Gov. Code § 911.2).
- Two years to sue a private bus company or another driver for injury or death (Code Civ. Proc. § 335.1). See our page on the California wrongful death deadline.
- Shared fault reduces, never bars. Under pure comparative negligence, damages are “diminished in proportion to the amount of negligence attributable to the person recovering” (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). A seated passenger usually has no share. See comparative fault in California, Texas and Washington.
The California Office of Traffic Safety reports 4,061 traffic deaths in 2023, down 10.53% from 4,539 in 2022 (OTS FY 2025 Annual Report).
Related pages
- How do you file a claim after a public bus accident in California?
- Texas bus accident lawyer
- Washington bus accident lawyer
- Bus accident lawsuit: public and private buses
- California car accident lawyer and California pedestrian accident lawyer
- California brain injury lawyer and California wrongful death lawyer
- Los Angeles car accident lawyer and Los Angeles pedestrian accident lawyer
- California truck accident lawyer
Common questions
Can I sue a city bus agency in California?
Yes, but first you must present a written claim to the agency within six months of the crash. If the agency rejects the claim in writing, you have six months from that notice to file suit. If it never sends a written notice, the limit is two years.
What if I missed the six-month claim deadline?
You can ask the agency for leave to present a late claim. The application must explain the delay and be made within a reasonable time, no later than one year after the crash. It can be denied, so act as soon as possible.
How long do I have to sue a charter or tour bus company?
Generally two years from the injury under Code of Civil Procedure section 335.1. The six-month claim rule applies only when a public entity is involved.
My child was hurt on a school bus. Who is responsible?
When a district provides transportation to and from school, it can be responsible for the student’s safety while the student is or should be under an employee’s direct supervision. A written claim to the district is due within six months.
Is the bus company responsible if another passenger attacked me?
It can be. The California Supreme Court held that a bus carrier must protect riders from assaults by other passengers when it knew or should have known an assault was likely and could have prevented it.
How much insurance does a charter bus carry?
A California charter-party carrier must carry at least $5 million for a vehicle seating 16 or more, $1.5 million for 9 to 15 seats, and $750,000 for 8 or fewer. Interstate passenger carriers face federal minimums of $5 million and $1.5 million.
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Sources
- Cal. Civ. Code § 2100
- Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780
- Cal. Veh. Code § 17001
- Cal. Gov. Code § 811.2
- Cal. Gov. Code § 911.2
- Cal. Gov. Code § 911.4
- Cal. Gov. Code § 912.4
- Cal. Gov. Code § 945.6
- Cal. Educ. Code § 44808
- Cal. Code Civ. Proc. § 335.1
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- CPUC General Order 115-G (amended Mar. 21, 2024)
- CPUC General Order 101-E (amended Mar. 21, 2024)
- CPUC, Passenger Carrier FAQs
- 49 C.F.R. § 387.33T
- 49 C.F.R. § 395.5
- FMCSA, Licensing and Insurance Requirements for For-Hire Motor Carriers of Passengers
- NHTSA, School-Transportation-Related Traffic Crashes: 2014-2023 Data (DOT HS 813 731, June 2025)
- California Office of Traffic Safety, FY 2025 Annual Report
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.