Buses are the backbone of public transit in the Inland Empire. Omnitrans serves the San Bernardino Valley, and the Riverside Transit Agency, known as RTA, serves western Riverside County. Thousands of riders, drivers, cyclists and pedestrians share the road with these buses every day.
If you were hurt on or by an Omnitrans or RTA bus, your claim is against a public agency. That changes the deadline, the paperwork and who must receive your claim. This page explains how Inland Empire bus injury claims work and how to protect yours.
Which Agency Runs Your Bus
Omnitrans
Omnitrans is a joint powers authority that serves the San Bernardino Valley. Its members are San Bernardino County and fifteen cities: Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland and Yucaipa.
Riverside Transit Agency
RTA was established as a joint powers agency in 1975 and is the Consolidated Transportation Service Agency for western Riverside County. According to RTA, its service area covers about 2,500 square miles, and its board includes elected officials from 18 cities and four members of the County Board of Supervisors. RTA runs local routes, CommuterLink express routes, GoMicro on-demand service and Dial-A-Ride. In Corona, Beaumont and Banning, RTA coordinates regional service with those cities’ own transit systems.
Other Inland Empire operators
Other public operators serve the Coachella Valley, the High Desert, mountain communities and individual cities, and Metrolink trains connect the region to Los Angeles and Orange County. Each operator may be its own public entity with its own claim address. The name painted on the bus is a starting point, not the final answer.
Why the Joint Powers Structure Matters
Under Government Code section 6507, a joint powers agency “is a public entity separate from the parties to the agreement.” In plain terms, Omnitrans and RTA are not the same as the cities and counties that formed them. A claim sent to the City of San Bernardino or the City of Riverside about an Omnitrans or RTA bus may not be a claim against the transit agency at all.
Transit agencies also use contractors. RTA’s published budget, for example, lists purchased transportation as a major expense, which means some service may be run by a private company under contract. When a contractor operates a route, both the agency and the contractor may need to be put on notice, and each may follow a different deadline.
Injuries on Board
Public buses are common carriers. Civil Code section 2100 requires a carrier of persons for reward to use “the utmost care and diligence” for passengers’ safe carriage. That is a higher standard than ordinary care, though a carrier is not an insurer of every rider.
Common on-board injuries include:
- Falls when a bus lurches, brakes hard or pulls away before a rider is seated
- Injuries from doors that close on a boarding or exiting rider
- Falls on wheelchair ramps, lifts and kneeling steps
- Injuries to riders using wheelchairs that were not properly secured
- Collisions with other vehicles
- Assaults by other passengers
On assaults, the California Supreme Court held in Lopez v. Southern California Rapid Transit District (1985) 40 Cal.3d 780 that a public carrier owes passengers the utmost care to protect them from assaults by fellow passengers when it knew or had reason to know an assault could occur and could reasonably have prevented it.
Under Government Code section 815.2, a public agency can be liable for the negligent acts of its employees acting within the scope of their work, such as a bus operator.
Drivers, Cyclists and Pedestrians Hit by a Bus
You do not have to be a passenger to have a claim. Drivers hit by a bus making a wide right turn, cyclists squeezed at a stop, and pedestrians struck in a crosswalk can all bring claims if the bus operator was negligent. These cases usually turn on the ordinary rules of the road, the operator’s training and the bus’s video and data.
Sometimes the bus is not at fault, and a passenger is hurt because another driver hit the bus. That situation has its own rules, explained in our post on getting hurt on a bus because of another driver. Our bus accident lawyers page covers bus cases across California, including charter and intercity buses.
The Six-Month Claim Rule
Because Omnitrans and RTA are public entities, the Government Claims Act applies.
- Six months to present a claim. Government Code section 911.2 requires a written claim for personal injury or wrongful death within six months after the injury.
- No lawsuit first. Under section 945.4, you generally cannot sue until the claim has been acted on or deemed rejected.
- 45 days to respond. Section 912.4 generally gives the agency 45 days to act. If it does not, the claim is deemed rejected.
- Six months to sue after rejection. If the agency sends written notice of rejection, section 945.6 generally gives six months from that notice to file suit.
- Late claims are limited. Section 911.4 allows an application for leave to present a late claim within a reasonable time, not more than one year after the injury. Section 911.6 lists the grounds, such as mistake or excusable neglect without prejudice to the agency, or incapacity during the claim period.
Starting January 1, 2027, whoever signs a government claim must also declare that its contents are true and correct on information and belief. Our post on the AB 2529 claim declaration explains the change, and our government claims guide walks through the full process.
Evidence to Gather
Many transit buses carry onboard cameras, and agencies keep records of operator assignments, routes and maintenance. Video may not be kept forever. Help your claim by gathering:
- The route number, direction of travel and bus number, often posted inside the bus
- The date, time and nearest stop or intersection
- Photos of the bus, the scene, any vehicles involved and your injuries
- Names and phone numbers of witnesses, including other riders
- Your fare record or pass
- Any incident or police report number
- Medical records from the first visit forward
Avoid giving a recorded statement to an insurer or claims administrator before you understand your rights.
Serious Injuries and Wrongful Death
Bus collisions can cause head injuries, spinal injuries and fractures, especially for standing riders and pedestrians. If a family member died, the same six-month claim rule applies to a wrongful death claim against a public agency. Our wrongful death and catastrophic injury page explains who may bring those claims. For more on how transit claims differ across California’s agencies, visit our mass transit accident hub.
Frequently Asked Questions
How long do I have to file a claim against Omnitrans or RTA?
Generally six months from the injury, under Government Code section 911.2. A late claim application may be possible within one year in limited circumstances.
Do I file my claim with the city where the crash happened?
Usually not for a bus claim. Omnitrans and RTA are joint powers agencies, which are public entities separate from their member cities and counties. The claim generally goes to the transit agency. If a city street defect also played a part, a separate claim to the city may be needed.
What if a private company was operating the bus?
Some routes may be operated by contractors. In that case, you may have claims against both the agency and the contractor, and the deadlines can differ. Identify the operator early.
Can I bring a claim if I was hit by a bus while walking or driving?
Yes, if the bus operator was negligent. The six-month government claim rule still applies when the bus belongs to a public agency.
What if I was hurt on Dial-A-Ride or a wheelchair lift?
Paratransit and lift injuries are treated much like other passenger injuries. The carrier owes passengers the utmost care, which includes safe boarding, securement and unloading.
Talk to us
If you were hurt on or by a bus in San Bernardino County, Riverside County or anywhere else in California, Win Attorneys can help you identify the right agency and meet the claim deadline. Win Attorneys serves clients across California. We speak Spanish and Vietnamese. Call (562) 296-5380 or reach us through our contact page.
Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. Visits are by appointment.
This page is general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Laws, agency procedures and published terms can change. Outcomes depend on the facts of each matter. Seek medical care for injuries, and consult a licensed California attorney about your situation.