You did not pay to get on the bus. Intercity Transit has run fare-free since January 2020, and a surprising number of injured riders assume that changes their legal position. It does not.
Our Olympia bus accident lawyers want that cleared up in the first paragraph. The belief that a free ride comes with no recourse keeps people from bringing valid claims.
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Boohoff Law represents transit passengers and injured motorists throughout Thurston County. Call (877) 999-9999.

No. A transit agency’s duty to carry passengers safely does not depend on whether money changed hands.
Intercity Transit eliminated fares after determining they produced less than 2 percent of net revenue and slowed service down. That was an operational decision about efficiency, not a waiver of anyone’s rights.
Washington treats transit operators as common carriers, and common carriers owe passengers a heightened duty of care that exceeds the ordinary reasonable person standard.
That duty attaches to the carriage itself. It is not purchased with a fare.
If anyone suggests otherwise, including an adjuster or an agency representative, that is a reason to get advice rather than a reason to walk away.
One practical thing, and it works against you rather than for you. Fare-free systems generate no fare transaction record, which means there is no automatic electronic proof that you were on a specific bus at a specific time.
On a paid system, a tap record places you aboard. Here, that proof has to come from somewhere else: the operator’s incident report, onboard camera footage, other passengers, or your own contemporaneous documentation.
This is the concrete reason to report an incident to the driver before you get off, and to note the route number, direction, and time.
On a zero-fare system, those details are frequently the only thread connecting you to the run.
Injured on an Intercity Transit bus? Call (877) 999-9999 for a free review.
Intercity Transit is a public transit benefit area authority, which makes it a local governmental entity.
Under RCW 4.96.020, a tort claim must be presented to the agency’s designated agent on the approved claim form, and no lawsuit may be commenced until sixty calendar days have elapsed after presentation.
The three-year limitations period under RCW 4.16.080 continues to apply and is tolled during that sixty-day window.
The problem riders run into is sequence rather than duration. Picture someone who files suit on day forty because a settlement talk stalled and patience ran out.
The waiting period has not elapsed, and the dispute that follows has nothing to do with the injury.
Washington courts apply substantial compliance to the content and procedural requirements, which softens the edges. It does not make the step optional.
Often someone other than the bus driver, which changes the entire procedural picture. Where another motorist caused the collision, your claim runs against that driver’s liability insurance on ordinary timelines, with no claim-form prerequisite and no sixty-day wait.
Where the agency’s own conduct is at issue, the common carrier duty covers the situations that generate most transit injuries.
Departing before riders are seated, hard braking from following too closely, doors closing on passengers, failures to secure a wheelchair or deploy a ramp, and stopping where the boarding surface is unsafe all fall within it.
Liability can also extend to a maintenance contractor where a mechanical failure traces to poor service, and to a property owner where the boarding area itself was hazardous.
It can extend to a school district where a school bus is involved. Districts are separate public entities with their own designated agents and the same sixty-day requirement.
The table below sets the two main tracks side by side.
|
Question |
Claim against the transit agency |
Claim against a third-party driver |
|
Is a tort claim form required first? |
Yes. It is presented to the agency’s designated agent under RCW 4.96.020 |
No. It is an ordinary claim to the driver’s liability insurer |
|
Does the sixty-day wait apply? |
Yes. No suit until sixty calendar days have elapsed after presentation |
No. Suit can be filed on the ordinary schedule |
|
Filing deadline |
Three years under RCW 4.16.080, tolled during the sixty-day wait |
Three years under RCW 4.16.080 |
|
Standard of care |
Common carrier duty, higher than ordinary negligence |
Ordinary negligence |
|
How the timeline tends to run |
Slower. Agency claim handling is bureaucratic, and surgery cases commonly run a year or more |
Faster out of the gate, since no claim-form step delays it |

Thurston County’s weather does specific things to transit claims. The wet season runs long, and water tracked aboard on boots turns aisles and steps slick in a way that produces falls without any collision at all.
Darkness compounds it. Through the winter months the evening commute happens after dark, and pedestrians and cyclists near stops become substantially harder for a departing driver to see.
Statewide data consistently shows vehicle and pedestrian collisions rising as daylight hours shrink.
There is also the capital campus factor. State government schedules concentrate ridership into narrow morning and afternoon windows.
A bus running behind schedule during those peaks is a bus whose driver is making faster decisions than the timetable really allows.
Because the bus usually looks undamaged. A coach that stops hard enough to throw a standing rider into a stanchion may show nothing on the exterior.
In a claims system that treats vehicle damage as a proxy for injury severity, that absence becomes an argument.
The physics tell a different story. Passengers stand, sit sideways, hold rails, and walk the aisle without seat belts or crumple zones. Energy that a car’s structure would absorb is absorbed by your body instead.
That produces head strikes, wrist and shoulder fractures from bracing, hip injuries in older riders, and disc injuries from twisting while holding on.
A dramatic collision is not required, and its absence proves nothing about what happened to you.
Under pure comparative fault at RCW 4.22.005, any fault assigned to you reduces your recovery proportionally without barring it. A passenger found 25 percent responsible still recovers 75 percent of proven damages.
The agency will argue you failed to hold a rail, stood when seating was available, or moved before the bus came to a complete stop. These are worth taking seriously, and they are not case-ending.
They also frequently rebound. Standing is ordinary, expected use of a transit bus, and moving toward the door as your stop approaches is what riders are instructed to do.
A driver who accelerated before passengers were secured created the condition that made a handhold insufficient in the first place.
Public entity claims get litigated, and agencies assess early whether opposing counsel is prepared to try a case.
Among Boohoff Law’s recoveries is $9,000,000 in a catastrophic highway crash, part of a broader record of multi-million dollar results in serious injury litigation.
Every case is unique. Past results do not guarantee future outcomes, and the result in any case depends on the specific facts, injuries, liability, insurance coverage, evidence, and law involved.
That is not a transit case, and we will not present it as one. What it indicates is capacity, which in public entity litigation is what moves an agency from a nominal offer toward a genuine evaluation of your damages.

Video first. Buses carry multiple interior and exterior cameras running on retention cycles measured in days or weeks, depending on whether an incident flag was applied.
A written preservation demand to the correct custodian is the single most valuable step available. On a zero-fare system where no transaction record exists, that footage is often the proof that you were aboard at all.
Then the agency record. Operator incident reports, maintenance and inspection history for the specific coach, driver training and disciplinary files, and schedule adherence data.
A driver running late behaves differently than one running on time, and the records show which was true that day.
Then the parallel track. Where a third-party motorist contributed, that claim moves without the sixty-day wait, and running both simultaneously keeps the agency’s timeline from becoming your timeline.
We handle transit claims on contingency. There is no consultation charge, no hourly billing, and no fee unless we recover for you. Case costs are advanced by the firm.
The firm maintains an Olympia office at 203 4th Ave E, Suite 207, Olympia, WA 98501, available by appointment. If your injuries make travel difficult, we will come to you at home or in the hospital.
Cases arising in Thurston County are generally filed in Thurston County Superior Court. We build files for that venue rather than assuming an agency will pay fairly simply because the claim has merit.

Value comes down to injury severity and permanence, total treatment cost including future care, lost income and earning capacity, and which entities and coverages are available.
Anyone offering a figure before reviewing your medical records is guessing.
Washington public entities do not enjoy the blanket damage caps some states impose, and the state has broadly waived sovereign immunity for tortious conduct.
A serious injury caused by a transit agency is therefore valued on its facts rather than truncated by statute.
Timing is the harder part. Agency claims processes move slowly, and early offers typically arrive before anyone knows what your treatment will require.
Cases involving surgery or permanent impairment commonly run a year or more, largely because value cannot be established until your physicians can speak to permanence.
Yes. Fare-free service does not reduce a transit agency’s legal duty to its passengers.
Washington treats transit operators as common carriers owing a heightened duty of care, and that obligation attaches to carrying you safely rather than to collecting a fare.
The procedure is the same as any claim against a public entity. It requires a formal tort claim presentation and a sixty-day wait before suit.
Present a formal tort claim to the agency’s designated agent using the standard Washington tort claim form, then wait sixty calendar days before filing any lawsuit.
The claim must contain statutorily required information. Delivering it to the wrong office or omitting required content invites a procedural challenge, and having an attorney prepare and present it avoids most of those problems.
Often yes. Many transit injuries involve no collision, arising instead from sudden braking, acceleration, doors, or unsafe boarding conditions. The common carrier duty covers these scenarios directly.
The lack of vehicle damage is not evidence that you were not hurt, though an insurer will attempt to use it that way.
Your claim is still viable, though establishing that you were aboard takes more work on a fare-free system with no transaction record.
Camera footage, the operator’s report, other passengers, and same-day medical records that document the mechanism can all establish it. Contact an attorney quickly so a video preservation request goes out before retention cycles run.
If your car has a dented bumper and you walked away uninjured, you can probably handle it yourself. Once you are hurt, you are negotiating against a company that already knows which entity employed the driver, which policy applies and what the records show, while you are still guessing at all three.
That information gap is the whole problem. We will look at your crash and tell you straight whether the delivery chain in it actually reaches Amazon or stops at the contractor.
The limitations period is tolled during that time, so it is not lost. The practical timeline is still tighter than it appears.
The same government claim procedure applies to publicly operated buses regardless of whether you were a passenger. These collisions tend to be severe, and the agency investigates immediately.
Your own auto personal injury protection (PIP) coverage may apply even though you were a bus passenger, since PIP follows the insured person. Health insurance and provider arrangements can also carry treatment, subject to reimbursement.
Most resolve beforehand. Public entity claims move slowly, though, and sometimes require filing suit to prompt a serious evaluation.

If someone told you a free ride means no claim, that was wrong. It is worth twenty minutes to find out what your options actually are.
Call Boohoff Law at (877) 999-9999. We represent transit riders and injured pedestrians in Olympia, Lacey, Tumwater, Yelm, and throughout Thurston County.
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