I have done many cases against various governmental operators of Mass Transit systems, and I have currently have cases going right now.
Problem #1; no buses or trains that I know of, have seatbelts to protect passengers who are riding in them. Airplanes do have such safety devices. Secondly, most buses and transit trains have metal rails or poles for people to grap onto both in front of the seats and in the aisles.
What happens when the bus or train has an accident? Everyone goes flying, and many people suffer catastrophic injuries, especially when they hit the metal poles on the seats and aisles.
Why are seatbelts required in cars but not on public transit buses or trains? It does not make sense to me.
I am making a public call for legislation that will require all public buses, trains, and school buses to have seat belts to protect passengers.
Problem #2; Riders of buses and trains that are involved in accidents that are not caused by the bus driver or train, are not covered by the mass transit system if the accident was caused by an uninsured motorist, or if the motorist that causes the accident does not have enough insurance to cover the loss to all passengers.
Imagine it; you are on a bus that flips over because an uninsured or underinsured motorist runs a red light. You basically have no real way to be compensated for your losses because the bus was not at fault, and the driver who was at fault was either uninsured, or underinsured, and there is not enough money to cover everyone’s losses.
This type of thing happens all the time to riders of mass transit.
Owners of vehicles can buy all types of insurance to cover themselves in case they are hit by an uninsured motorist, or underinsured motorist. I think it is high time the mass transit systems be required to maintain appropriate insurance, so that their riders are insured in the event of a bus or train accident being caused by an uninsured or underinsured motorist.
As it stands right now, passengers of mass transit are at the mercy of the road, and have no legal means to protect themselves if an accident is caused by someone other than the transit system. I feel that it is discriminatory to the riders of mass transit, not to provide them with appropriate legal protection and insurance in the case of accidents which are not the fault of the transit system.
I hope that the California State Legislators hear my call for mandatory seatbelts, and mandatory insurance for mass transit riders.
By Norman Gregory Fernandez, Esq., © 2007
