Can You Make an Injury Claim Against Public Transit Providers?

If you get hurt in a public transit accident in Louisiana, you may be able to seek compensation. This can apply to accidents involving RTA buses, streetcars, school buses, ferries, and airport shuttles.

Your options depend on how the accident happened and who caused it. Claims involving public transit may follow different rules than other injury claims.

Here is what you need to know if you were hurt while using public transportation.

When Can You File an Injury Claim Against Public Transit?

You may be able to file a claim if someone’s careless actions caused your injury. For example, a claim may be possible when:

• A bus crashes: The driver speeds, turns carelessly, or fails to yield.
• A streetcar hits someone: A pedestrian, cyclist, or another driver is injured.
• A school bus crashes: A child is hurt because of careless driving.
• A passenger falls: A sudden stop or sharp turn causes someone to fall.
• Someone gets hurt while boarding: A passenger falls while getting on or off the vehicle.
• A ferry or shuttle accident occurs: Unsafe driving or faulty equipment causes an injury.

The important question is how the accident happened and whether someone else caused your injury. Getting hurt on public transportation does not automatically mean the transit provider must pay.

What Safety Rules Apply to Public Transit Providers?

Public transit providers must take reasonable steps to avoid injuring passengers and others. This may mean driving safely and keeping vehicles in good working order.

However, the rules vary by provider. For example, Louisiana law states that the New Orleans Regional Transit Authority (RTA) is not treated as a common carrier in personal injury lawsuits. (Louisiana Revised Statutes 48:1656).

In simple terms, an RTA injury claim does not automatically follow the special rules that apply to common carriers. The accident facts help determine whether the RTA or someone else may be responsible.

Who Can Be Responsible for a Public Transit Accident?

More than one party may be responsible for a transit accident. Potentially liable parties include:

• The driver: If careless driving caused the crash.
• The transit provider: If its own actions or failures caused the injury.
• A repair company: If poor vehicle repairs led to the accident.
• Another driver: If a motorist hit the bus or caused the crash.
• A vehicle manufacturer: If a faulty part caused the accident.

For example, if a driver runs a red light and hits an RTA bus, that driver may be responsible for the injuries. If the bus driver also made a mistake, both drivers may share responsibility.

An injury on a public bus or streetcar does not automatically make the transit provider liable.

How to File an RTA Injury Claim in New Orleans

If you were injured on an RTA bus or streetcar, take these steps to support your claim.

• Get Medical Care: See a doctor and keep your medical records and bills.
• Report the Accident: Notify the driver or RTA staff, or use the RTA customer service page.
• Keep Evidence: Save photos, witness details, police reports, and the vehicle number.
• Request RTA Records: Use the RTA records request system to request incident reports or available video footage.
• Check Filing Rules: Confirm where to file your claim and whether special deadlines apply.

Taking these steps early can help you protect important evidence and avoid missing filing requirements.

What Compensation Can You Seek After a Transit Accident?

If your claim succeeds, you may be able to recover compensation for losses caused by the accident.

The amount you may recover depends on your injuries, financial losses, evidence, and the law that applies to your claim. You can also read about how insurance companies calculate pain and suffering.

Are There Limits on Compensation in Public Transit Claims?

Your own actions may affect how much money you can recover.

Under Louisiana Civil Code Article 2323, the rule that took effect on January 1, 2026, generally prevents recovery if you are 51% or more responsible for the accident. If you are less than 51% responsible, your payment is usually reduced by your share of the blame.

For example, if your losses total $50,000 and you are found 20% responsible, your payment would generally be reduced to $40,000.

The new rule may not apply to accidents that happened before January 1, 2026. You can learn more about Louisiana’s comparative negligence law.

How Long Do You Have to File a Transit Accident Lawsuit?

For many Louisiana personal injury claims arising on or after July 1, 2024, Civil Code Article 3493.1 sets a two-year deadline to file a lawsuit, starting from the date of the injury.

Older claims may have a shorter deadline. Claims involving public entities may also require additional procedures or notice.

Reporting the accident or speaking with an insurer does not automatically extend the deadline. Because the rules depend on the claim and the responsible party, get legal guidance as soon as possible.

How Can a New Orleans Personal Injury Attorney Help?

You may not know who caused the accident or where to start with a claim. A lawyer can review what happened and explain your options.

This may involve checking video footage, speaking with witnesses, and reviewing medical bills and lost wages. They can also assess your medical bills and lost income to estimate your losses.

Claims against public transit providers may involve special rules and deadlines. Getting advice early can help you avoid missing an important filing date.

Frequently Asked Questions

Can I claim money if I fall inside an RTA bus?

You may be able to claim compensation if careless driving or another unsafe condition caused your fall and injuries.

Can I sue the RTA after being hit by a New Orleans streetcar?

You may have a claim if the RTA or another party caused the accident. The facts of the case and the applicable rules will affect your options.

What if another driver caused the bus accident?

You may be able to file a claim against that driver. Another party may also be responsible if their actions helped cause the crash.

Can parents file a claim if their child is hurt on a school bus?

A parent or another person legally allowed to act for the child may be able to file a claim. The rules and deadlines depend on the case.

Can I file a claim without an accident report?

You may still be able to file a claim. Photos, witness accounts, and medical records may help show what happened.

Get Legal Help After a Public Transit Accident

If a public transit accident has left you injured, you may be recovering while trying to determine who is responsible for your losses. Knowing your legal options can help you decide your next steps.

At Allan Berger & Associates, P.L.C., you can discuss your accident and get guidance on whether you may have a claim.

Call 504-526-2222 or contact the firm online to discuss your situation.