Hurt in a City Bus Accident in Ohio: Claims Against a Public Transit Authority

Attorney Answer

If the bus belonged to a public transit authority, Ohio's law on political subdivisions governs the claim. The authority is liable for its drivers' negligent driving, the deadline is two years, and damages other than actual losses are capped. If it was a private bus company, an ordinary injury claim applies, also with a two-year deadline.

A transit authority is a political subdivision. Ohio law says a regional transit authority “is a political subdivision of the state” (Ohio Rev. Code § 306.31), and running a bus line is one of the listed functions. Ohio Rev. Code § 2744.01(G)(2):

(2) A "proprietary function" includes, but is not limited to, the following:

(c) The establishment, maintenance, and operation of a utility, including, but not limited to, a light, gas, power, or heat plant, a railroad, a busline or other transit company, an airport, and a municipal corporation water supply system;

When it is liable. Ohio Rev. Code § 2744.02(B)(1):

(1) Except as otherwise provided in this division, political subdivisions are liable for injury, death, or loss to person or property caused by the negligent operation of any motor vehicle by their employees when the employees are engaged within the scope of their employment and authority.

That covers a bus driver who caused the crash. The exceptions that follow in the statute are for police, fire and emergency medical vehicles on emergency calls, not buses.

The deadline. Ohio Rev. Code § 2744.04(A):

(A) An action against a political subdivision to recover damages for injury, death, or loss to person or property allegedly caused by any act or omission in connection with a governmental or proprietary function, whether brought as an original action, cross-claim, counterclaim, third-party claim, or claim for subrogation, shall be brought within two years after the cause of action accrues, or within any applicable shorter period of time for bringing the action provided by the Revised Code.

The cap. Ohio Rev. Code § 2744.05(C)(1):

(C)(1) There shall not be any limitation on compensatory damages that represent the actual loss of the person who is awarded the damages. However, except in wrongful death actions brought pursuant to Chapter 2125. of the Revised Code, damages that arise from the same cause of action, transaction or occurrence, or series of transactions or occurrences and that do not represent the actual loss of the person who is awarded the damages shall not exceed two hundred fifty thousand dollars in favor of any one person.

Your medical bills, therapy and lost wages are actual losses and are not capped. Pain and suffering falls under the cap. The same section also reduces an award by certain benefits you received from other sources, which a lawyer will account for.

If the bus was private, such as a charter or a private shuttle, the claim is an ordinary injury claim with a two-year deadline under Ohio Rev. Code § 2305.10(A).

What you can do

1. Find out who operated the bus. The name is usually on the bus and on the police report.

2. Gather your therapy and medical records and bills, and records of any work you missed.

3. Ask the transit authority how to submit a claim, and keep a copy of everything you send.

4. If it has been close to two years since the accident, go straight to a lawyer.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. Two years from the accident against a transit authority under Ohio Rev. Code § 2744.04(A), and two years against a private operator under Ohio Rev. Code § 2305.10(A). Talking with the authority's claims office does not pause the clock.