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If someone sexually assaulted you on a bus or shuttle, you may be asking whether a lawsuit in Albuquerque is possible. Sometimes it is.

This page explains those rules for riders and families in Albuquerque, Rio Rancho, and across Bernalillo and Sandoval counties. Read on for the possible defendants, the deadlines, and the steps that help protect a claim.

What Counts as Sexual Assault on a Bus or Shuttle

A bus or shuttle sexual assault is unwanted sexual contact, touching, exposure, or harassment that escalates to assault while a person is riding or boarding. The harm can also happen at a stop or station tied to the trip.

The person responsible may be a driver, a transit employee, a private operator’s driver, or another passenger. This page covers city buses run by ABQ RIDE, transit shuttles, and contracted school bus and paratransit vehicles.

Two separate questions usually come up. The first is whether the transit agency can be sued. The second is whether the person who committed the assault can be sued. The answers differ, so it helps to keep them apart.

Can You Sue the Transit Agency in New Mexico?

Sometimes, but only when the claim fits a waiver of immunity. The Tort Claims Act gives governmental entities and public employees immunity from tort liability, except where the Act waives it.

A city transit system is a local public body under the Act. The motor vehicle waiver applies to bodily injury arising from a public employee’s operation or maintenance of a motor vehicle while acting within the scope of their duties. Separately, NMSA 1978, § 41-4-12 waives immunity for injury resulting from assault or battery when caused by law enforcement officers while acting within the scope of their duties. NMSA 1978, § 41-4-12 reads: “does not apply to liability for personal injury, bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights, the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence, failure to comply with duties established pursuant to statute or law or any other deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by law enforcement officers while acting within the scope of their duties.” Whether a claim based on a driver’s assault can be brought against a government agency may therefore depend on the specific facts, including whether the driver is a law enforcement officer as that section defines the term. Scope of duty means performing duties the entity asks, requires, or authorizes, regardless of the time and place.

Whether a particular assault fits a waiver depends on the facts. Key questions include who the person was, whether they were acting within their job, and what the vehicle was doing.

A private contractor’s driver is treated differently. The Act’s definition of “public employee” excludes independent contractors, with listed exceptions. So the driver’s employer can change who the proper defendant is.

A company that gives a driver a vehicle can face a negligent entrustment claim. That claim requires that the company knew or should have known the driver was incompetent, and that the incompetence caused the injury.

Even when a waiver applies, damages against a government entity are limited.

Deadlines and the Notice of Claim

A claim against a city or other local public body needs written notice within 90 days after the incident. The lawsuit must be filed within two years.

The notice rule in NMSA § 41-4-16 requires a written notice that states the time, place, and circumstances of the loss or injury. For a municipality, notice goes to the mayor. For a county, it goes to the county clerk.

A suit generally cannot go forward without notice. The exception is when the government entity had actual notice of the occurrence. The 90-day period does not count time, up to 90 days, when the injury left the person unable to give notice.

Under the two-year filing rule in NMSA § 41-4-15, suits against a government entity or public employee for torts are barred unless filed within two years of the occurrence. NMSA 1978, § 41-4-15 reads: “Actions against a governmental entity or a public employee for torts shall be forever barred, unless such action is commenced within two years after the date of occurrence resulting in loss, injury or death, except that a minor under the full age of seven years shall have until his ninth birthday in which to file.” A child under seven has until the ninth birthday to file.

Sexual assault limitation periods are also covered in an FBI Law Enforcement Bulletin article. Treat the 90-day notice date as your working deadline. Reach out through the contact page to have your dates checked.

Steps to Take After a Bus or Shuttle Assault

Get medical care first, then report the assault and write down what you remember while it’s fresh.

• Get medical care. Tell the provider how the injury happened, including any emotional or mental health symptoms.
• Report to police. Keep the report number.
• Write down details. Note the bus or shuttle number, route, time, stop, driver description, and any witness names.
• Request records in writing. Ask the transit operator or school district for an incident report. Keep copies of every request and response.
• Save evidence. Keep texts, call logs, app records, ride receipts, photos, and any clothing connected to the incident.
• Be careful with statements. Don’t post details online. Don’t sign an insurer’s or agency’s release or statement before speaking with a lawyer.

How a Transit Sexual Assault Case Moves Forward

A case usually starts with a confidential intake talk. From there, it moves through records, notice, investigation, and a decision on how to proceed.

1. Intake. You share the date, route, vehicle, operator, and any reports made to police or the agency.
2. Record review. The firm gathers police, medical, and transit records. It identifies the correct defendants and the notice requirements.
3. Notice and preservation. Written notice goes out where the Act requires it. Requests ask that video, dispatch logs, driver records, and training files be kept.
4. Investigation. The facts, the agency’s response, and the immunity questions are reviewed before deciding the next step.
5. Filing or resolution. If a lawsuit is filed, court timelines apply. Settlement talks may come up along the way.

Timelines vary by case. The firm explains the steps that apply to your facts during the consultation.

Why Work With El Gringo Law on a Transit Assault Matter

El Gringo Law can review a transit sexual assault matter with you. Josh Wood is the responsible lawyer for this page. He is licensed in New Mexico and Arizona.

The firm’s practice areas include car accidents, trucking accidents, premises liability, negligent security, wrongful death, sexual assault, catastrophic injuries, spinal cord injuries, amputations, and burn injuries.

Our team includes support staff who help with intake and records requests. Support staff are not lawyers, and they will tell you so if you ask.

You can reach the firm by phone or through the contact form.

Cost of Talking With the Firm

Your first consultation with El Gringo Law is free, confidential, and comes with no obligation to continue.

During that talk, you share the date, route, vehicle, and any reports you made. The firm reviews the facts you give. You decide what to do next.

Related Questions About Insurance and Work Injuries

Auto insurance and work injury benefits can raise separate questions after a transit incident.

• Auto insurance. Coverage questions turn on the specific policy and the incident. Bring any policy details to your consultation.
• Work injuries. If you were assaulted while working as a bus driver or transit employee, a work injury claim is a separate question from a claim against the transit agency.
• Written records. Keep all insurance letters and agency responses in writing so dates are clear.

Frequently Asked Questions

Talk to El Gringo Law About Your Bus or Shuttle Assault

If someone assaulted you on an ABQ RIDE bus or a shuttle, you may have a claim. The 90-day notice clock may already be running.

Contact us by phone or through our contact form. We’ll start with your date, route, vehicle, and any reports you made, then check which deadlines apply to you.