In California, cases against public entities, like MUNI, are governed by special laws. The state, counties, cities and all other municipalities in California enjoy unique laws that were drafted to provide the public entities with an advantage.
Shortened Claim Period Against MUNI
As a public entity, MUNI enjoys a six (6) month claim presentation requirement. Although cases against private individuals and businesses have a two (2) year statute of limitations, a claim against a public entity in California must be presented within six (6) months. If you sustained injuries in an accident involving a MUNI vehicle, you must comply with this six (6) month claim presentation requirement or you may lose your right to receive financial compensation for your injuries.
Thus, it is very important for victims of injuries arising out of MUNI accidents to obtain legal representation as soon as possible after an accident. All bases of liability must be included in the claim, and investigation may take some time.
MUNI Owes Passengers The Highest Duty Of Care
Under California law, MUNI passengers are owed the highest duty of care because of its status as a "common carrier." When an individual or business is hired to transport people in exchange for a fee under license or authority provided by a regulatory body, it is considered a "common carrier," and must use the highest degree of care and the vigilance of a very cautious person to do so.
MUNI accidents are caused by many factors, including operator error, negligence and recklessness, as well as design and maintenance problems, such as brake failure and equipment malfunctions.
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If you suffer a traumatic brain injury, spinal cord injury or other serious personal injury due to an accident involving public transportation, you may have a right to recover damages for your losses. Abramson Smith Waldsmith LLP has experience handling personal injury cases against public entities.
If you have been injured in a MUNI bus, railway or trolley accident, contact our experienced attorneys. Contact Abramson Smith Waldsmith LLP, today for a no-obligation, confidential consultation with an experienced personal injury lawyer.
The attorneys at Abramson Smith Waldsmith LLP, represent clients in personal injury and wrongful death cases on a contingency fee basis. This means that our fee is contingent upon success in recovering monetary compensation for our clients. If no money is recovered, no fee is owed the lawyer.