Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
Public transportation systems are part of everyday life in Tulsa. Most people trust city buses and other government-run services to get them where they need to go safely. But when something goes wrong—like a bus crash or another transit accident—the legal situation can get complicated fast.
A serious accident involving a Tulsa city bus in November 2023 left two motorcyclists with leg injuries. The bus struck them and pushed them into stopped cars at a light. In a case like this, who is responsible? Can you sue the city or public transit agency for your injuries?
That’s where sovereign immunity comes into play. It’s a legal concept that can limit your ability to sue a government agency—but it doesn’t always prevent a claim. Here’s what you need to know if you’re hurt in a public transportation accident in Oklahoma.
Sovereign immunity is a legal rule that says government agencies can’t be sued without their permission. It goes back to English common law, where the King couldn’t be sued. In modern U.S. law, that idea still exists—though it has crucial exceptions.
In Oklahoma, the Oklahoma Governmental Tort Claims Act (OGTCA) outlines when a person can and cannot sue a government entity. This includes agencies that run buses, trains, and other public transit systems. The law gives the government protection, but also lists specific situations where injured individuals may still file a claim.
Under Oklahoma’s Governmental Tort Claims Act, sovereign immunity is waived only when a government entity acts with gross negligence, intentional misconduct, or when immunity is expressly waived under statute. — Oklahoma Bar Journal
Not all government agencies are treated the same. Some may have broader immunity. Others, like city or county agencies, might be more open to lawsuits, depending on the facts.
You may be able to sue a public transit agency in Tulsa if you meet certain conditions. These situations fall under the exceptions to sovereign immunity.
For example, if the bus driver was speeding, ran a red light, or failed to maintain the vehicle, that may count as negligence. The agency could then be held responsible.
But it’s not just about simple mistakes. In many cases, you must prove that the agency acted with gross negligence, which means they were reckless or showed a complete disregard for safety.
Another way to circumvent immunity is if the agency waives its protection through laws or policies. This can happen when transit agencies buy insurance or agree in advance to accept liability in some instances. So, while sovereign immunity makes these cases more difficult, it doesn’t make them impossible.
One of the most important parts of filing a claim against a government agency is following the strict deadlines and procedures set by the law.
Here’s how it works in Oklahoma:
A notice of claim must generally be filed within one year of a public transit accident, with a lawsuit following no later than 180 days after the government response or deemed denial. — Oklahoma Injury Attorney
Step | Deadline After Accident | Required Action |
| Notice of claim | Within 1 year | Submit written notice to the agency with details about the accident and damages |
| Agency response | Within 90 days | Government reviews claim and responds (approve/deny/settle) |
| File lawsuit | Within 180 days of response | If denied or no response, file suit in court within 6 months |
Claims against a government-run transportation system require strong evidence. You need to prove that the agency’s actions—or failure to act—caused your injury.
Start by getting a copy of the incident or police report. This is often the first official record of what happened. Eyewitness accounts are also helpful. Try to get contact info and statements from people who saw the crash.
Photographs of the scene, vehicle damage, road conditions, and injuries can also support your claim. Don’t forget to save all medical records, receipts, and communication with the transit agency. If needed, a lawyer can help request surveillance footage or maintenance records from the agency.
Once your claim is filed, the transit agency may offer to settle. This means they’re willing to pay a certain amount to resolve the issue without going to court.
Settlements can save time and avoid the uncertainty of a trial. But they often involve compromise. The offer may not cover all your losses, especially if future medical care is involved.
If the agency denies your claim or offers too little, filing a lawsuit may be the best path forward. In court, you present your evidence to a judge or jury, who decides the outcome.
Keep in mind that transit agencies may use legal defenses, such as claiming contributory negligence (that you were partly at fault). That’s why having strong documentation and legal support is so important.
The U.S. Supreme Court is currently reviewing a case involving New Jersey Transit, which claims immunity from lawsuits even in out-of-state accidents. The outcome could affect how transit agencies across the country defend themselves in court.
The U.S. Supreme Court is reviewing NJ Transit’s claim of immunity across state lines—a decision that could clarify limits on sovereign immunity for transit agencies nationwide.
For now, Oklahoma follows its own rules under the OGTCA. But national rulings could influence future state laws or policies.
You must file a notice within one year. If the claim is denied or no response is given, you have 180 days to file a lawsuit.
If it’s a private company, sovereign immunity likely doesn’t apply. You may file a standard injury claim like you would for any car accident.
Compensation may include medical bills, lost income, pain and suffering, and property damage. Every case is different based on the facts.
Police reports, witness statements, photos, medical records, and emails or letters with the transit agency are key to building your case.
Maybe. If the offer is low or the case involves serious harm, a lawsuit could result in fairer compensation. Legal advice helps you decide.
Sovereign immunity doesn’t mean you can’t sue after a public transit accident—it just means there are extra steps and stricter rules. If you were hurt in a Tulsa bus crash or any government-involved accident, understanding the exceptions to immunity is critical.
Deadlines are short. Rules are strict. Evidence matters. These cases aren’t like regular injury claims—and that’s where legal guidance makes a difference.
Graves McLain Injury Lawyers has experience navigating Oklahoma’s Governmental Tort Claims process and holding public agencies accountable when exceptions apply. If you’ve been injured, we’re here to help you understand your alternatives and fight for proper compensation.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
