Bus Accidents: Public Transit Injury Claims

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When a bus passenger is hurt in a sudden stop, a fall while boarding, or a crash, who operates the bus shapes the claim from the start. The standard of care is the demanding one Georgia applies to any carrier of passengers, but the damages limits, the notice period, and even the available remedies change with the entity. A county or city system, a state entity, and an authority created by its own act each sit under a different set of rules, and an at-fault private driver sits under none of them.

The Duty a Carrier Owes Its Passengers

OCGA 46-9-132 provides that “a carrier of passengers must exercise extraordinary diligence to protect the lives and persons of his passengers but is not liable for injuries to them after having used such diligence.” That is a higher standard than the ordinary care that OCGA 51-3-1 asks of a landowner toward invitees, and it is the starting point for injuries inside the vehicle: a sudden stop or start, a fall while boarding or leaving, a door closing early, a maneuver that throws standing riders. The statute also marks its own limit. A carrier is not an insurer of passenger safety, and it is not liable for an injury that occurs despite extraordinary diligence.

Identify the Operator: The Rule Set Follows the Entity

Who operates the bus Immunity and damages limits Notice
A county or city system Sovereign immunity is waived for negligent use of a covered motor vehicle, a bus included, up to $500,000 for one person and $700,000 in aggregate for two or more persons in one occurrence, and $50,000 for property, for incidents on or after January 1, 2008 (OCGA 36-92-1, 36-92-2). The waiver rises if the entity adopts a higher one, joins an interlocal risk management agency, or buys excess insurance (OCGA 36-92-2(d)) Municipality: written presentment within six months (OCGA 36-33-5). County: claims must be presented within 12 months, or within 12 months after a disability ends for a minor or person under a disability (OCGA 36-11-1)
A state entity Under the Tort Claims Act, no person may recover more than $1 million for loss from a single occurrence, and the State's aggregate liability per occurrence is capped at $3 million (OCGA 50-21-29(b)(1)); the trial is a judge with a jury unless the parties agree otherwise (OCGA 50-21-29(a)) Twelve months from when the loss was or should have been discovered (OCGA 50-21-26)
An authority created by its own act The enabling act controls. For MARTA, Section 22 of its Act waives immunity and makes the Authority liable as any private corporation, but punitive damages against MARTA are barred as a matter of Georgia public policy (<em>Metropolitan Atlanta Rapid Transit Authority v. Boswell</em>, 261 Ga. 427 (1991)) Look to the authority's enabling act
A private carrier, or another driver whose negligence caused the crash No public-entity waiver, cap, or notice statute The ordinary two-year period (OCGA 9-3-33)

The definitions matter at the edges. “Local government entity” in the motor-vehicle waiver means a county, a municipal corporation, or a consolidated city-county government, and it excludes a local school system (OCGA 36-92-1(3)); a school-bus injury is therefore analyzed under different rules than a transit-bus injury. The Tort Claims Act defines “State” to reach state authorities but to exclude counties, municipalities, school districts, other units of local government, hospital authorities, and housing and other local authorities (OCGA 50-21-22(5)).

Deadlines That Differ by Entity

The same injury can run on three different clocks. For an injury on January 10, 2026, a six-month municipal presentment period would end July 10, 2026; a 12-month county or State period would end January 10, 2027; and the two-year period for filing suit (OCGA 9-3-33) would end January 10, 2028. Where a notice statute applies, its requirement comes first, and OCGA 36-33-5, for one, provides that no action will be entertained until the claim has been presented to the governing authority.

Many Riders, One Occurrence

A single crash can injure many riders, and the limits above are written per occurrence. For example, imagine a county-operated bus in a collision in which five riders are injured, each with $300,000 in damages, or $1,500,000 in all. The per-person waiver of $500,000 does not limit any one rider, but the $700,000 aggregate for one occurrence does limit the total, unless the county has adopted a higher waiver, joined an interlocal risk agreement, or bought excess insurance under OCGA 36-92-2(d). A claim against another driver whose negligence caused the crash is not a claim against a local government entity and is not subject to that aggregate.

Proving a Transit Injury

Some transit injuries involve no second vehicle, so a sudden-stop or early-door claim can turn on the operator’s conduct and the passengers’ accounts. The evidence that can carry the proof includes on-board video, the vehicle’s GPS and event-recorder data on speed, braking, and door cycles, the operator’s logs and the vehicle’s maintenance records, incident reports and prior complaints about the operator, and the accounts of other passengers. A person can ask a public transit entity that is an agency under the Georgia Open Records Act for public records, and the Act requires an agency to produce responsive records within a reasonable time not to exceed three business days of receipt of the request, or to explain the delay, subject to the Act’s exemptions (OCGA 50-18-71(b)(1)(A), 50-18-72). Formal discovery in a lawsuit reaches material outside those records.

Frequently Asked Questions

Can the bus driver be sued personally?
Not for driving within official duties. A local government officer or employee who commits a tort involving a covered motor vehicle while performing official duties is not subject to suit or liability, the claimant names the local government entity instead, and the entity is substituted if the employee is named (OCGA 36-92-3(a), (b)). A state officer or employee acting within the scope of official duties or employment is likewise not subject to suit, and the Tort Claims Act is the exclusive remedy (OCGA 50-21-25(a)). Neither immunity applies if the conduct is proved to fall outside those duties.

Is the jury told about the State’s caps?
No. The statute forbids disclosing or suggesting the caps to the jury during the trial (OCGA 50-21-29(b)(1)).

Are punitive damages available against a public transit operator?
Not against the State under the Tort Claims Act, which bars punitive or exemplary damages and interest before judgment (OCGA 50-21-30), and not against MARTA, as a matter of Georgia public policy (Metropolitan Atlanta Rapid Transit Authority v. Boswell, 261 Ga. 427 (1991)).

Which vehicles does the local government waiver cover?
Any motor vehicle the county or city owns, leases, or rents, and “motor vehicle” expressly includes a bus designed or licensed for use on public streets, roads, and highways (OCGA 36-92-1(2), (6)).

  • OCGA 46-9-132 (carrier of passengers); OCGA 51-3-1
  • OCGA 36-92-1, 36-92-2 (local government motor-vehicle waiver); OCGA 36-33-5; OCGA 36-11-1
  • OCGA 50-21-22(5), 50-21-26, 50-21-29 (Tort Claims Act)
  • Metropolitan Atlanta Rapid Transit Authority v. Boswell, 261 Ga. 427, 405 S.E.2d 869 (1991)
  • OCGA 9-3-33; OCGA 50-18-71(b)(1)(A), 50-18-72 (Open Records Act)
  • OCGA 36-92-3(a), (b); OCGA 50-21-25(a); OCGA 50-21-30

Disclaimer

This article provides general information about public-transit injury claims under Georgia law. It is not legal advice and does not create an attorney-client relationship. Which limits and notice rules apply depends on the entity that operated the vehicle, the specific facts, and current authority. A person dealing with a transit injury should consult a licensed Georgia attorney about the particular situation.

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