Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents bus accident victims throughout San Jose and Santa Clara County. The Valley Transportation Authority operates Santa Clara County's bus and light rail network, serving more than 70 bus routes and carrying millions of passengers annually. VTA buses share roads with passenger vehicles across San Jose's surface street network, and VTA is a public entity — which means claims arising from VTA bus accidents are subject to rules that do not apply to private vehicle cases.

Claims Against VTA — Government Claims Act Requirements

VTA is a public transit agency and a government entity. A personal injury claim arising from a VTA bus accident is governed by the Government Claims Act. Government Code § 911.2 requires that a written claim be filed with the public entity — in this case, VTA — within six months of the date of the incident. This is not the same as filing a lawsuit. It is an administrative prerequisite to filing suit. Missing this deadline can potentially bar a lawsuit against VTA. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

After a claim is filed, the public entity has 45 days to accept or reject it. Government Code § 945.6 provides that once a claim is rejected, the claimant has six months to file a lawsuit. The lawsuit must be filed in court within that window — the two-year statute of limitations under Code of Civil Procedure § 335.1 does not override the six-month post-rejection deadline.

Liability Standards for Common Carriers

VTA, as a common carrier, owes the highest duty of care to its passengers under Civil Code § 2100. That statute requires a carrier of persons to use the utmost care and diligence for safe carriage and to exercise a reasonable degree of skill. This standard is higher than the ordinary care imposed by Civil Code § 1714(a) — it applies to VTA's operation of its buses and its duty to protect passengers from foreseeable harm.

Private Bus Companies

Not all bus accidents in San Jose involve VTA. Charter buses, private shuttle services, tour operators, and school bus contractors are private entities not covered by the Government Claims Act. Claims against private bus operators are governed by the standard negligence framework — Civil Code § 1714(a) and the common carrier standard of Civil Code § 2100. The two-year statute of limitations under Code of Civil Procedure § 335.1 applies. There is no pre-litigation claims filing requirement for private operators.

Causes of Bus Accidents

Bus accidents in San Jose arise from driver error — failure to yield, improper lane changes, distracted driving — and from mechanical failures resulting from inadequate maintenance. Federal Motor Carrier Safety Regulations under 49 C.F.R. Part 396 require systematic inspection and maintenance of commercial motor vehicles. A bus operator who fails to maintain its vehicles and sends a mechanically defective bus onto the road is liable for the resulting consequences.

Passenger and Bystander Injuries

Bus accident injuries occur to passengers aboard the bus, pedestrians struck by the bus, and occupants of other vehicles involved in collisions with the bus. The legal framework differs depending on the victim's relationship to the bus — passengers have the benefit of the common carrier standard; bystanders and other vehicle occupants proceed under general negligence principles.

Damages

Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's negligence, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur. Recoverable damages include past and future medical expenses, lost earnings, pain and suffering, emotional distress, and loss of enjoyment of life.

Santa Clara County Superior Court

Bus accident cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

• San Jose Personal Injury Attorney
• San Jose Train Accident Attorney
• San Jose Car Accident Attorney
• San Jose Pedestrian Accident Attorney
• San Jose Wrongful Death Attorney

Attorney Michael Rehm handles bus accident cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.