Asked in Personal Injury for California

Q: Can I sue the lady that hit my mother and the metro bus driver.

My mother was putting in the bus fare when she got hit in the face by a black lady right in front of the bus driver . The bus driver didn't do anything or call the police he just sat there and watched. The lady was caught by the sheriff department.

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing

A: Your mother may have a case, but unless the lady has money, I don't see that suing a person with no money will do your mom much good. However, she can try getting her medical bills paid by the medical insurance on her car or if she doesn't have a car, the insurance of any relative who lives with her and if none then by the medpay on the bus.

However if it was a sudden unforseeable attack not sure that the bus driver is responsible.

I would suggest your mom contact a member of the in your area--they give free consults.

Much will depend on if the driver could do anything from where he sat, length of time of assaut, etc.

James Carr Suits II
James Carr Suits II
  • San Jose, CA
  • Licensed in California

A: The lady who punched your mother in the face is likely broke, so it would be pointless to file a lawsuit against her. However, you can contact the District Attorney who is prosecuting the case and submit all the medical expenses and other damages that your mother suffered and ask to have the damages added to the restitution order against the assailant. I don't see any basis for liability against the bus. Best of luck.

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