1. Your first priority is to seek medical care for anyone who might have been injured.
2. Report the accident to the police and make sure a police report is filed.
3. Record the name, address, and telephone number of the other party and all witnesses.
4. Get insurance information such as the insurance agent, policy and insurance company.
5. Take photographs if possible of the location and damaged property.
6. Be careful of what you say. Remember not to provide a statement to anyone until you consult with a lawyer.
7. Seek the advice of an experienced California injury attorney immediately to begin protecting your rights.
The staff at Kuvara Law Firm 1-800-4-INJURY has successfully handled hundreds of cases against Muni, SamTrans, AC Transit, County Connection, Golden Gate Transit, Regional Transit, and Bart. We understand the confusing and alarming aspects that face an individual in pursuing an action against a Municipal Transit System in the state California.
The first hurdle for most victims is the much shortened time limit placed on the injured party. This starts with the prerequisite that government claim be filed within six months of the date of the accident. Failure to file the claim in a timely manner and file to then file a complaint in court within the prescribed time limits can leave the accident victim with no further recourse. If a government claim is not filed, and instead the victim merely files a lawsuit, the lawsuit may be subject to dismissal as a result of the failure to meet the procedural requirement of filing of a government claim first. While the purported purpose of the government claim is to provide the public entity with the early opportunity to resolve the claim, do not be fooled. Rarely, do public entities agree to pay a claim as a result of presentation of the government claim from itself. Instead, the pre-suit requirement that a government claim be filed can often be used by the public entity to limit your case if the claim is not correctly and fully made.
The professional team of experienced attorneys and paralegals at Kuvara Law Firm 1-800-4-INJURY can help you navigate the tricky path of a case against a Municipal Bus. First, they can work hard in order to make sure your government claim is properly prepared. For example, where a government claim does not set forth all claims, you can be barred from a subsequent lawsuit which seeks compensation on grounds not set forth in the original government claim. In truth, this becomes yet another defensive sword to be utilized by the public entity itself.
If more than six months have transpired since the date of an accident, California Government Code provides for relief under certain circumstances. First, experienced San Francisco accident lawyers can assist you in the filing of an Application to present Late Claim, with Late Claim Attached. This can be done up to one year from the date of the accident upon proof of certain events occurring. Additionally, our experienced accident lawyers can also petition the Court for Relief from the Claim Filing requirements under certain circumstances.
Where public entity defendants are involved, however, a whole body of law exists with respect to liability issues involving public entities. You will want to ensure that the lawyer you choose has had experience with the public entity involved. Kuvara Law Firm 1-800-4-INJURY has the experience you need to help you with your injury case caused as a result of a bus, rail, trolley, or other vehicle.
San Rafael: 415-479-7070
San Francisco: 415-922-5522
San Jose: 408-446-5879
Walnut Creek: 925-932-0709
Redwood City: 650-780-0190
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San Mateo: 650-242-8823
Santa Rosa: 707-571-0405