Virginia law grants public transit agencies sovereign immunity. This means that drivers, pedestrians and passengers on public buses generally cannot file personal injury or wrongful death lawsuits following a crash.
The sovereign immunity protection goes away, however, when a bus driver causes a crash by acting in a way that Virginia state statutes describe as “gross negligence.” Examples of gross negligence could include driving without a valid license, driving under the influence of drugs or alcohol, or crashing with the intent of causing injuries or deaths.
EJL