San Francisco Municipal Transit Authority (MUNI) Accidents
The mass transit system serving San Francisco is commonly known as MUNI. While it is undoubtedly one of the most important parts of the transit community of San Francisco, the numbers of San Francisco MUNI accidents are certainly not insignificant. Passengers, pedestrians, and other vehicle operators are all at risk.
One of the most alarming aspects about pursuing an action against a public entity, such as MUNI in San Francisco, is the requirement that a government claim be filed within six months of the date of the accident.
If a government claim is not filed, and instead the victim merely files a lawsuit, the lawsuit may be subject to dismissal as a result of the failure to meet the procedural requirement of filing of a government claim first. While the purported purpose of the government claim is to provide the public entity with the early opportunity to resolve the claim, do not be fooled. Rarely, do public entities agree to pay a claim as a result of presentation of the government claim form itself. Instead, the pre-suit requirement that a government claim be filed oftentimes becomes a defensive sword to be utilized by the public entity itself.
Accordingly, while individuals sustaining personal injury in California generally have two years from the date of accident in which to institute their lawsuit, where public entity defendants are involved, such as MUNI, the victim must act much quicker. Experienced San Francisco accident lawyers can help. First, they can work hard in order your government claim be properly prepared. For example, where a government claim does not set forth all claims, you can be barred from a subsequent lawsuit which seeks compensation on grounds not set forth in the original government claim. In truth, this becomes yet another defensive sword to be utilized by the public entity itself.
If more than six months have transpired since the date of accident, California Government Code provides for relief under certain circumstances. First, experienced San Francisco accident lawyers can assist you in the filing of an Application to present Late Claim, with Late Claim Attached. This can be done up to one year from the date of accident upon proof of certain events occurring. Additionally, experienced San Francisco accident lawyers can also petition the Court for Relief from the Claim Filing requirements under certain circumstances.
Where public entity defendants such as MUNI are involved, however, a whole body of law exists with respect to liability issues involving public entities. You will want to ensure that the lawyer you choose has had experience with the public entity involved. Be the accident caused as a result of a bus, rail, trolley, or other vehicle, experienced San Francisco accident lawyers can help.
Contact our experienced San Francisco accident lawyers if you have been involved in an accident involving MUNI. We look forward to providing you with the legal help you need.