How Long Does a Bus Accident Lawsuit Take in California?
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This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
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How Long Does a Bus Accident Lawsuit Take in California?
Most bus accident cases in California take about one to three years from the crash to a settlement or verdict, and a claim against a private bus company that settles without a lawsuit can close within six to twelve months after medical treatment ends. If a public agency such as OCTA or a school district ran the bus, the case starts with an extra step: a written government claim within six months, up to 45 days for the agency to answer, and then six months to file suit once the claim is rejected.
Our earlier guide on whether you can sue if a bus hits your car explains who can be held responsible. This one covers the clock: each stage of a bus case, how long it usually lasts, and what stretches it out. Every case moves at its own pace, so treat the ranges below as typical, not promised. It is general information and not legal advice for any specific case.
How long does it take to sue a bus company?
Against a private bus company, plan on roughly six months to a year if the claim settles with the insurer, and one to three years if you have to file a lawsuit. Against a public transit agency, add the government claim stage at the front, which typically adds two to eight months before a lawsuit can be filed.
Here is how the stages line up. The right-hand column is a typical range, not a legal deadline:
Stage
Public bus (OCTA, transit agency, school district)
Private bus (charter, tour, shuttle, contractor)
Typical time
1. Medical care and evidence
Same for both: treatment, photos, witness names, a request to preserve onboard video
Same for both
First days to several months
2. Claim before suit
Written government claim required within 6 months of the crash (Gov. Code 911.2)
No government claim. An injury claim goes to the bus company's insurer
Filed within weeks to 6 months
3. Response
Agency has 45 days to act; no answer counts as a rejection (Gov. Code 912.4)
Insurer must accept or deny within 40 days of proof of claim, unless it gives written notice it needs more time
The biggest single variable is your recovery. A fair settlement depends on knowing your full medical picture, so most injury lawyers wait until a doctor says you have reached maximum medical improvement before making a demand. Settling earlier saves time but can leave future care uncovered, because a signed release ends the claim. Our guide on how long a personal injury lawsuit takes explains the court stages in more depth.
Can you sue if a bus hits your car?
Yes. You can bring an injury claim against the bus operator, and sometimes against the agency that contracts the route or a manufacturer, when the bus driver's negligence caused the crash. The timeline above applies, with the six-month government claim deadline controlling whenever a public agency owned or operated the bus. Our bus collision guide walks through who may be liable and the steps to take after the crash.
How long does a school bus lawsuit take?
A school bus case usually takes one to three years, about the same as other bus cases, but it has two extra stages. Most school buses in California are run by a school district or county office of education, so the six-month government claim comes first, and any settlement for an injured child has to be approved by a court before it is final.
Parts of a school bus case that work differently:
Who runs the bus. Many districts operate their own buses, which makes the district the defendant and triggers the government claim. Others hire a private transportation contractor, which can add a private company with its own insurer and the standard two-year filing period in Code of Civil Procedure 335.1. Some cases involve both.
Relief for a late claim. If the six months pass, a parent can apply to present a late claim, but no later than one year after the injury (Government Code section 911.4). The district must grant that application when the injured person was a minor for the entire six-month period (Gov. Code 911.6(b)(2)). This protects the child's claim, but it adds months, so it is a fallback, not a plan.
Court approval of the settlement. A settlement of a minor's injury claim is not final until a judge approves it in a minor's compromise under Probate Code section 3500 or, once a lawsuit is pending, Code of Civil Procedure section 372. The judge reviews the amount, the fees, and how the money is protected, often in a blocked account or structured settlement until the child turns 18.
Waiting on a child's recovery. Doctors sometimes need extra time to see how an injury affects a growing child, especially head, spine, and growth plate injuries. That can delay a demand, but it also prevents settling before the long-term effects are known.
A school bus case can also move faster than most. When a party to an injury lawsuit is under 14, that party can ask the court for trial preference under Code of Civil Procedure section 36(b), and once preference is granted the court must set trial within 120 days. Lawyers use this selectively, because it compresses the time available to document the child's injuries.
Why are claims against OCTA or a school district different?
They are public entities, so the Government Claims Act controls. You cannot file a lawsuit until you have presented a written claim within six months and the agency has rejected it or let 45 days pass without acting (Government Code section 945.4). A private bus company has no comparable pre-suit step.
That rule changes the case in several ways:
Two short deadlines instead of one long one. The claim is due in six months, and after a written rejection you have six months to sue. If the agency never sends a written rejection, the deadline to sue becomes two years from the crash under Government Code section 945.6(a)(2).
A contracted operator can add a second defendant. OCTA runs part of its fixed-route bus service through a private contractor, and many transit agencies do the same. When a contractor's driver was at the wheel, the claim against the agency and the case against the contractor can follow different deadlines, so both need to be preserved from the start.
No punitive damages against the agency.Government Code section 818 bars punitive damages against public entities. Compensation for medical bills, lost income, and pain and suffering remains available.
Board approval for larger settlements. Agency staff can usually settle smaller claims directly, while larger ones often go to the agency's board or a claims committee, which can add a few weeks.
The same rules apply to other public transit systems across our service area, including the Riverside Transit Agency, Omnitrans in the Ontario and Inland Empire area, LA Metro, and County Connection in Contra Costa County. For buses with paying passengers, California also holds the operator to a higher standard: under Civil Code section 2100, a carrier of passengers must use the utmost care and diligence for their safe carriage. That duty runs to passengers on board. Drivers, cyclists, and pedestrians hit by a bus rely on ordinary negligence rules.
What slows a bus case down?
Multiple defendants, ongoing medical treatment, and missing evidence cause most delays. A two-car crash usually has one insurer on the other side; a bus case can have a transit agency, a contracted operator, another driver, and sometimes a manufacturer, each with its own lawyers and schedule.
Common causes of delay:
Ongoing treatment. Surgery, physical therapy, or a slow concussion recovery pushes back the settlement demand until the full cost is known.
Video and data requests. Buses often carry interior and exterior cameras and electronic data recorders, and agencies may record over footage on a schedule. Getting a written preservation request out early prevents a fight over lost evidence later.
Many injured passengers. When a crash injures a full bus, several claimants may share one insurance policy, and insurers sometimes wait until every claim is known before paying any of them.
Disputed fault. If the bus company blames another driver, or another driver blames the bus, expert reconstruction adds months.
Liens. Health plans, Medi-Cal, and Medicare can claim repayment from a settlement, and negotiating those liens down can take several weeks after the case resolves.
Court calendars. Trial dates depend on the county, and busy superior courts can push them back.
The delays you can control are mostly in the first few weeks: get medical care, keep your records, and get the government claim on file well before the six-month mark. Waiting until month five leaves little room to fix a defective claim.
Frequently asked questions
How long does it take to sue a bus company?
Usually six months to a year if the claim settles with the insurer, and one to three years if a lawsuit is filed. A public transit agency adds a required government claim stage before you can sue.
How long does a school bus lawsuit take?
Typically one to three years. The school district claim must come first, within six months, and any settlement for a child needs court approval through a minor's compromise, which adds several weeks or more.
Why are claims against OCTA or a school district different?
They are public entities, so you must present a written government claim within six months and wait for a rejection or 45 days before suing. After a written rejection, you have six months to file the lawsuit.
What slows a bus case down?
Ongoing medical treatment, several defendants such as an agency and its contracted operator, requests for bus video and data, many injured passengers sharing one policy, liens, and crowded court calendars.
Can you sue if a bus hits your car?
Yes. You can bring a claim against the bus operator when its driver caused the crash. If a public agency operated the bus, a government claim is due within six months, before any lawsuit.
Hurt in a bus accident? Get the deadlines right from day one
The six-month government claim deadline is easy to miss while you are focused on recovering. Cefali & Cefali reviews bus accident claims at no cost and works on contingency, so you pay nothing unless we recover money for you. Call (949) 325-7790 or reach us through our contact page. We represent people injured in bus crashes in Orange, Riverside, and Contra Costa counties, and our Orange County personal injury attorneys handle claims against OCTA, school districts, and private bus companies.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
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