Los Angeles Mayor Karen Bass recently increased police presence on the city’s transit system after many riders stopped using buses and trains in response to rising crime, especially after the pandemic. Similar concerns have surfaced in New York, Chicago, and other major cities. When crime affects ridership, it also raises an important question: What are your legal rights if you’re injured due to a crime on public transit?
If you’re seriously hurt due to a criminal act while riding a bus or train, you may have the right to file a civil claim for compensation. This is separate from any criminal case against the attacker. This holds true even if the person is never caught, charged, or convicted in a criminal court.
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What Sort of Personal Injury Claim is This?
These cases often fall under the category of negligent security. Transit agencies and private operators have a duty to take reasonable steps to protect passengers from foreseeable harm. If there’s a pattern of prior assaults at a station or on a specific route, and the agency fails to provide adequate security, lighting, cameras, or personnel, that failure can form the basis of a claim.
Who Am I Suing for My Injuries?
Transit operators are considered common carriers in most states; that is, they owe passengers a heightened duty of care. Who you sue depends on who operates the system. Many major transit systems are run by public entities. Generally, you only have six months from the date of injury to file your claim. If that claim is denied, you can then file a lawsuit.
Private transit companies, such as those that operate long-distance commuter buses, fall under different regulations. When a private operator is involved, the standard personal injury statute of limitations typically applies, which is two years from the date of injury. The procedural hurdles also tend to be less strict.
What Are Some State Laws Regarding the Rights of Crime Victims on Public Transit?
All states offer protections to crime victims, be they passengers or employees. Nonetheless, there are some differences.
- California: Injured passengers generally have six months to file a claim with the agency. Operators are treated as common carriers and may be liable for failing to address known safety risks.
- New York: The Metropolitan Transportation Authority and similar agencies require a notice of claim within 90 days in many cases. New York also recognizes negligent security claims when prior similar incidents make crime foreseeable.
- Florida: Public transit agencies require a formal claim first and cap recovery at $200,000 per person and $300,000 per incident. Private companies follow standard negligence laws.
Can I Take Legal Action if I’m Injured in a Criminal Attack as a Transit Employee?
Public transit employees also face serious safety risks. Assaults on bus drivers are a growing problem, causing many cities to struggle to fill driver positions.
When a driver or transit worker is injured due to a crime, workers’ compensation usually applies first. If a third party caused the harm, the employee may also have a separate civil claim against that person. Additionally, they might have the right to file a negligent security claim against the employer if reasonable safety measures were not in place.
When to Take Legal Action
Attorney J.J. Dominguez of The Dominguez Firm explains: “If you’re assaulted and seriously injured while riding or working on public transit, you probably have rights beyond the criminal case. An experienced negligent security attorney can evaluate whether the transit operator failed to take reasonable steps to protect you and help you pursue compensation under the law.”
