Getting hurt on public transportation isn’t just disruptive—it can flip your life upside down. One minute you’re heading to work or school, the next you’re nursing a back injury after a driver slammed the brakes without warning, or you’re sitting in the ER after falling on a poorly maintained bus step.
These aren’t isolated incidents. Public transit systems—whether run by the City of Detroit (like DDOT), suburban networks like SMART, or regional trains—have a responsibility to keep passengers safe. But that doesn’t always happen.
What many people don’t realize is that even when a government agency is involved, you still have legal rights. In Michigan, there are legal paths that allow injured passengers to bring claims against public entities. These cases fall under specific rules—including deadlines for filing notice—but they’re possible.
Understanding the source of the injury is key. If it involves a city-operated vehicle, like a DDOT bus, Michigan law may allow for an exception to governmental immunity. If it happens at a bus stop or station with dangerous conditions, there could be grounds for a premises liability claim. In cases involving private security or contract drivers, additional parties may be legally responsible.
If you’ve been injured while using public transportation, start by documenting what happened, getting medical care, and saving any reports or witness names. Knowing your rights and responsibilities early can make a significant difference if you decide to take legal action later.
Who Can You Sue? Understanding Liability
Municipal Entities
In Michigan, many transit systems are run directly by city or county governments. For example:
- Detroit Department of Transportation (DDOT)
- Suburban Mobility Authority for Regional Transportation (SMART)
If a government-employed bus driver causes a crash or if you’re injured due to poor upkeep at a city-run bus stop, the city itself may be held liable. However, lawsuits against public entities involve specific rules—like short deadlines to file notice of your claim, often within 60 days.
These cases often fall under Michigan’s Governmental Tort Liability Act, but exceptions—like those for injuries caused by government-operated motor vehicles—may apply (see MCL 691.1405).
Private Contractors
Sometimes the city hires private companies to operate certain routes, manage bus depots, or handle maintenance. In these situations, the contractor—not the city—could be the liable party.
For example, if a privately contracted bus company failed to train its drivers properly or ignored safety standards, they may be sued directly for negligence.
Third Parties
Injuries don’t always stem from the transit system itself. In many cases, a third party—like another motorist, a cleaning crew, or a parts manufacturer—might be the one at fault.
Examples include:
- A distracted driver crashing into your bus
- A subcontractor leaving wet floors that cause a fall
- A defective bus part that leads to an accident
In those cases, you might have a claim against the third party in addition to—or instead of—the city or transit company.
Legal Hurdles: Government Immunity
What Is Governmental Immunity in Michigan?
Under Michigan law, governmental agencies—including city transit authorities like DDOT or SMART—are generally immune from civil lawsuits when performing government functions. This immunity is laid out in Michigan’s Governmental Tort Liability Act (GTLA).
The law also includes specific carve-outs—exceptions that allow injured individuals to sue the government in limited situations. The two most relevant for public transit injuries are the motor vehicle exception and the public building exception.
Motor Vehicle Exception (MCL 691.1405)
This is the most commonly used exception in transit injury claims. If you were injured in an accident involving a city-owned and operated vehicle—such as a bus—this statute could apply.
Key points:
- The vehicle must be owned and operated by a government agency
- The vehicle must be involved in the injury incident (e.g., a crash, sudden stop, etc.)
- The vehicle must be being used in a government function at the time
If those criteria are met, you may have the right to file a lawsuit despite the government's general immunity. This is how many injured bus passengers successfully pursue compensation in Michigan.
Public Building Exception
If you’re hurt due to dangerous conditions at a bus station, depot, or other public transportation facility, your case might fall under the public building exception.
This allows lawsuits when:
- The injury was caused by a defective or unsafe condition of a government-owned building
- The government knew or should have known about the hazard and failed to fix it
Examples might include:
- A collapsed bench in a bus shelter
- Icy steps at a transit center that aren’t salted or marked
- A ceiling leak that causes a fall
However, this exception has a high burden of proof. You need to show that the building was physically unsafe and that the government failed to act in time.
Strict Deadlines: The 60-Day Rule
Perhaps the most dangerous trap in these cases is the clock. When suing a government entity in Michigan, you usually have only 60 days to file a Notice of Intent to Sue. This isn’t the same as filing a full lawsuit—it’s simply notifying the government that a claim is coming.
Miss that 60-day deadline and your case could be dismissed before it ever starts.
Other types of personal injury claims may allow more time, but when it comes to government claims, the legal clock starts ticking fast. That’s why acting quickly—getting medical care, documenting your injuries, and contacting a lawyer right away—is crucial.
Evidence That Strengthens Your Case
Surveillance Footage from the Bus or Train
Most buses and trains in Detroit and across Michigan are equipped with onboard cameras. These systems are designed to monitor driver behavior, passenger activity, and safety conditions. Video footage can show exactly how the injury happened—whether a driver slammed the brakes, a door malfunctioned, or a hazard was ignored. Transit authorities don’t always preserve footage unless they’re asked to. A lawyer can quickly send a legal preservation request before it's deleted or overwritten.
Medical Records
Every doctor’s visit, X-ray, prescription, or therapy session you attend creates a paper trail of your injuries. Medical records provide objective evidence linking the injury to the incident and detail the extent of harm. They also help calculate damages for pain, suffering, and long-term care. Include initial ER visits, follow-ups, physical therapy, and mental health care if applicable.
Incident Reports Filed with the City
After any injury involving public transportation, an incident report should be filed with the transit authority (like DDOT or SMART). This document formally logs the event and may include statements from drivers, dispatchers, or security. A city’s own documentation can help establish that the injury occurred—something agencies often try to dispute later. Make sure to request a copy of the report and note who you spoke to when filing it.
Eyewitness Statements
Passengers, bystanders, or even other transit employees can provide independent accounts of what happened. Their testimonies can back up your version of events—especially if the city tries to deny fault or minimize what happened. Get names, phone numbers, and (if possible) short written or recorded statements.
Photos of Hazardous Conditions
Visual evidence speaks volumes. Snap pictures of:
- Damaged bus steps or flooring
- Icy or unshoveled sidewalks near bus stops
- Faulty handrails, doors, or seating
- Any visible injuries you sustained
These images create a timeline and show what the conditions looked like at the time of the incident—crucial if the hazard is quickly repaired after the fact.
Injured by a Public Transit System? Don’t Let the City Bury Your Case. Fight Back With Power.
If you’ve been injured on a public bus, train, or at a city-run transit stop, you’ve already been through enough. The physical pain, the medical bills, the stress of missing work—it all adds up fast. And when the system responsible for your injury tries to shrug it off, that injustice cuts even deeper.
Far too often, transit authorities and city governments rely on legal loopholes and bureaucratic silence to avoid accountability. They hope you'll be too overwhelmed, too unsure, or too late to take action. But here's the truth: you don't have to accept their excuses.
You have rights—even when the city is involved. And with the right legal guidance, you can hold them accountable.
Contact Marko Law for a Free Case Evaluation
📞 Phone: 1-833-MARKO-LAW or +1 313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com
