FAQ's

MUNI TRANSPORTATION SITE FAQ'S

Q.: What kind of insurance do city bus companies and taxi cabs have?

A.: For the most part, cities and counties that run public transportation companies do not have insurance. BART, AC Transit, Golden Gate Transit Ferries, San Francisco Muni and SamTrans all operate without liability insurance. If they cause injury or damage, any loss or harm must be paid for out of the local treasury. Private taxi cabs, jitneys and shuttles are regulated by the California Public Utilities Commission which has minimum insurance requirements of $250,000. Additionally, an injured passenger or pedestrian's own car insurance (uninsured motorist and underinsured motorist) may provide coverage.

Q.: Is there a special statute of limitations if I am hurt on a city bus, taxi or other mode of public transportation?

A.: If you were riding in a vehicle that is owned and operated by a public transit district or government entity of any kind, city, county, transportation agency, etc., you must first file a California Government Code-required "tort claim" before you can file suit. The statute of limitations for filing of a tort claim is 180 days following the happening of an accident. For this reason, if you were injured on any type of public conveyance, it is critical that you seek the assistance of a qualified attorney as soon as possible. The failure to file a timely and complete Government Code Claim can potentially bar you from ever bringing a lawsuit in Superior Court.

The general statute of limitations for injuries occurring due to the negligence of private persons is two years. If you are injured in a private vehicle, or a private common carrier, there is a two year statute of limitations that governs the filing of your case. This means you must settle your claim or file a lawsuit, within two years of the date of injury or any and all legal rights will be fully, finally and forever barred. It is rarely useful or helpful to wait two years after an accident to file a lawsuit - memories fade, witnesses disappear, and physical evidence can change. If you have sustained a serious injury you should call the attorneys at Walkup, Melodia, Kelly & Schoenberger at 1(888)732-8897, without delay.

Q.: Where do I find information about filing a government tort claim against a city or other government entity?

A.: Many Public Transportation Agencies, Municipalities and other Boards and Commissions which operate buses, ferries, etc., maintain information about their claim filing procedures on their websites. For example, the San Francisco Municipal Railway claim form can be found at http://www.sfMuni.com/cms/mms/contact/formcomm.htm.

The procedures and requirements for the filing of government claims are set out in the California Government Code, which all of our attorneys who specialize in the field of Muni Railway injury accidents are familiar with. Filing an incomplete claim, or filing after the permitted time, or filing with the wrong agency can have serious negative consequences, and potentially prevent you from making a recovery. Claims against public entities are complex and require the assistance of a competent attorney.

Q.: I have heard that if I am riding on a bus or taxi, the driver has a "higher" duty of care. What does this mean?

A.: Under California law, "carriers for hire" or "common carriers" have a special duty to use the highest degree of care possible in transporting their passengers. This means that they must be especially careful in delivering their passengers safely to their destination. This obligation to transport passengers safely is different from the standard requirement that each of us act reasonably in our day-to-day affairs. The attorneys at Walkup, Melodia, Kelly & Schoenberger are familiar with cases that involve this duty, and know how to use this higher duty to secure recovery on behalf of our clients.

Q.: What are your fees?

A.: The fees in any case differ depending upon the complexity, time involved, issues and expenses incurred. We advance the expenses necessary to prosecute the case. These expenses include the cost of experts, investigation, deposition transcript fees, court exhibits, etc. Our legal fee for prosecuting actions ranges between 25% and 40%. The fee in any individual case is a matter of negotiation between you and your attorneys. Fees are charged only if there is a successful recovery. If we do not recover on your behalf, no fee is charged.

Q.: Will my case go to trial?

A.: It is impossible to predict which cases will go to trial and which will settle before trial. In cases involving public entities, a higher percentage proceed to trial because public entities do not have insurance, and their cost of defense (i.e., their attorney's fees) are part of their fixed overhead - that is, most public entities have city attorneys or county attorneys on staff and do not have to spend additional funds to defend claims for injury. Our experience is that somewhere in the range of 80% of such claims are settled before trial, either by mediation, private negotiation or at judicially supervised settlement conferences.

Q.: Have you successfully recovered money against Muni, AC Transit or BART?

A.: Our attorneys have more than 45 years experience in successfully bringing claims for damages against Muni and other public transportation agencies. Our attorneys have successfully tried and settled cases against Muni for injuries arising from cable cars, diesel buses, electric buses, F-Line historic streetcars, and LRV's. We have successfully represented pedestrians, passengers getting on and off as well as passengers riding on Muni vehicles. We are familiar with the Muni Railway safety requirements for drivers and operators, and our attorneys have taken testimony many times from Muni supervisors and training officers about the proper manner that Muni Railway employees are supposed to operate transit vehicles. No other Northern California law firm specializing in personal injury has been in business as long as we have. No other firm has resolved as many claims against Muni and other public agencies or recovered as much money for injured passengers as we have.

Q.: Is the statute of limitations the same for children?

A.: Generally, for injuries that occur through the fault of operators of private companies (shuttles, taxis, jitneys, etc.), the statute of limitations for injury to a person under 18 years of age is two years from the individual's 18^th birthday. This differs from the statute of limitations that applies to an adult, where the general rule is that the statute of limitations expires two years after the date of injury.

However, children under the age of 18 are subject to the very same government tort claim statute of limitations as adults. This means that when a child is injured through the fault of the Muni Railway, SamTrans, Golden Gate Transit, Golden Gate Ferry, or any other publicly operated transportation district, a government tort claim must be filed within 180 days of the date of injury.

Claims against government entities can be complicated and confusing. An attorney who is familiar with prosecuting cases against public transit entities can explain all of the applicable rules to you. If you have a claim against a public transit agency, call us today at (415) 981-7210, or, (888) 732-8897.

Q.: I was injured in a hit-and-run situation. What action should I take?

A.: Hit-and-run accidents pose their own special problems. The first thing you should do is immediately contact the police agency for the area where you were injured and file a police report, providing a detailed description of exactly what happened. The next thing you should do is immediately contact us for further guidance. We have experience in handling hit-and-run cases, and are familiar with the requirements of prosecuting such cases both under the uninsured/underinsured motorist provisions of your own insurance policy, as well as through the civil courts.

Q.: If I retain your services and we are unsuccessful, will I be responsible for the other sides attorney's fees?

A.: No. Under California law, the prevailing party is not entitled to recover attorney's fees from the loser. However, under certain circumstances, a party who is unsuccessful may have to reimburse the prevailing party for certain "costs of suit" including the costs of depositions, filing fees, etc.

Q.: What types of vehicles are considered "common carriers?"

A.: California law applies an extremely broad definition to "common carriers." This is beneficial for injured persons, as, common carriers are required to use the "highest duty of care" in transporting passengers safely from one place to another. California courts have held that "common carriers include buses, taxis, trains, LRV's, ferries, airplanes and even certain amusement park rides. If you or a loved one is a victim of a common carrier accident, call us today for a free consultation.

Q.: How much will it cost me to hire your firm?

A.: Even though the costs involved in prosecuting a Superior Court lawsuit can run as high as $50,000 and up, our firm advances all expenses required to properly prepare and prosecute the case. We are not paid unless there is a successful recovery on your behalf. Before calculating any fee, we will first reimburse to ourselves our actual out-of-pocket costs of litigation.

Q.: I have heard that many cases settle in "mediation." What does this mean?

A.: Mediation is a process whereby a neutral third person undertakes to try and negotiate a settlement in a case before the case actually proceeds to jury trial. At mediation, all that is said is confidential. Each side participates with their lawyer, and the parties negotiate towards resolution. If the parties are unable to bring the case to settlement via mediation, the case continues to proceed toward trial.

Q.: If I hire your firm, how long will it take for my case to be concluded?

A.: Predicting how long it will take a given case to end is almost impossible. Once a lawsuit is filed, most California cases are resolved in 12 to 14 months. After a case is filed, the Superior Court has control over how long it will take to assign a settlement conference date and a trial date.