Home / Can You Sue If a Bus Hits Your Car in California?
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.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
Yes, you can sue after a bus hits your car in California, but how you do it depends on who owns the bus. If a public transit bus was at fault, you must file a government claim within six months, not the usual two years. This guide explains when you can sue, the deadlines for public versus private buses, who can be held liable, and what compensation is available. It is general legal information; for advice about a specific situation, speak with a bus accident attorney.
Yes. If a bus driver's negligence caused the crash, you can pursue a claim for your injuries and vehicle damage, just as you could against any at-fault driver. What changes is the procedure and the deadline, and both depend on whether the bus was public (a city, county, or transit agency bus) or private (a charter bus, tour bus, or company shuttle).
This distinction is the single most important thing to determine after a bus crash, because getting it wrong, or waiting too long, can permanently end an otherwise strong claim.
How long do you have to sue after a bus hits your car?
The deadline depends entirely on who operated the bus:
Public transit bus (city, county, or transit agency): you must file a written government claim within six months of the crash under Government Code section 911.2, before you can file a lawsuit.
Private bus (charter, tour, or shuttle): the ordinary two-year personal injury deadline under Code of Civil Procedure section 335.1 applies, with no government claim required.
The six-month government deadline is one of the strictest in California law. Courts enforce it without exception for simple lack of awareness, so if a public bus was involved, the clock starts on the date of the crash and does not pause while you finish medical treatment.
How does the government claim process work?
Suing a public transit agency is a two-step process. First, you file a written claim with the agency within six months. The agency then has 45 days to respond, and what happens next sets your lawsuit deadline:
If the agency rejects your claim in writing, you have six months from the date that rejection is mailed to file a lawsuit, under Government Code section 945.6.
If the agency never responds, the claim is deemed rejected after 45 days, and you then have up to two years from the date of the crash to file suit.
Your written claim must include your name, the date and location of the crash, a description of what happened and your injuries, and the amount claimed. Because the rules are technical and the deadlines are unforgiving, most people in this situation work with an attorney to make sure the claim is filed correctly and on time.
Who can be held liable when a bus hits your car?
Depending on how the crash happened, one or more parties may be responsible:
The bus driver, for negligent driving such as failing to yield, speeding, or distraction.
The transit agency or bus company, which is generally responsible for the on-the-job negligence of its driver, and can also be directly liable for negligent hiring, training, or maintenance.
A maintenance contractor, if poor upkeep of brakes, tires, or other systems contributed.
A parts manufacturer, if a defective component caused the crash.
One point specific to buses: under California Civil Code section 2100, bus operators (both public and private) are common carriers and owe their passengers the highest duty of care. If you were a passenger on the bus rather than in the car it hit, that heightened standard works in your favor.
What if you were partly at fault?
California follows pure comparative negligence, so being partly at fault does not bar your claim. If you are found to share some responsibility, your recovery is reduced by your percentage of fault but not eliminated, and there is no cutoff, so you can recover even if you were more than half at fault. Insurers and transit agencies often try to shift blame onto the other driver to reduce what they pay, which is why clear evidence of the bus driver's negligence matters.
What compensation can you recover?
A person hurt when a bus hits their car may recover economic damages such as medical bills, future medical care, lost wages, reduced earning capacity, and vehicle damage, along with non-economic damages such as pain and suffering. California places no cap on these damages in an ordinary injury case. If a loved one was killed, surviving family members may bring a wrongful death claim under Code of Civil Procedure section 377.60. Where the conduct was especially egregious against a private defendant, punitive damages may be available under Civil Code section 3294, though punitive damages generally cannot be recovered against a public entity.
What should you do after a bus hits your car?
Call 911 and get a police report, seek medical attention even if you feel fine, and photograph the vehicles, the bus and its agency or company markings, and the scene. Get the bus number and route, and collect witness contact information. Most important, if the bus was a public transit vehicle, contact an attorney quickly, because the six-month government claim deadline leaves far less time than people expect.
How do you choose a bus accident lawyer in California?
Look for an attorney who handles bus and public-entity claims, works on a contingency fee basis (no fee unless they recover for you), and can identify quickly whether a government claim deadline applies to your case. Because the six-month deadline is so strict, moving fast is the most valuable thing an attorney does in these cases.
Cefali & Cefali represents people injured in bus and vehicle collisions across California. To learn more, see our Orange County personal injury page, or call (949) 325-7790 for a free, no-pressure consultation.
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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