If a person is injured on a Chicago Transit Authority bus, he or she should be aware of the obstacles and opportunities involved in suing for damages. With over 1.6 million rides taken on an average weekday, the CTA is the United States’ second-largest public transit system. The scale of the service has its drawbacks: people are injured on the CTA every 36 hours.
One Year to Sue
A person who experiences an injury on a CTA Bus should seek medical attention before he or she begins preparations for a lawsuit. Victims should also be aware that there is a limited window of opportunity to sue the CTA or its personnel.
Illinois law mandates that a person only has one year to file a lawsuit against the CTA and hold it liable for damages experienced during an accident. If the claimant does not file the claim within one year of the accident, the claim will be barred. When a claim is barred, the claimant will receive no financial compensation for hospital bills, lost wages, pain and suffering, or any other damages.
Common Carrier vs. Private Carrier
Illinois courts decide based on each CTA injury case whether to consider the transit system a “common carrier.” A common carrier service, as opposed to a private carrier, has a higher standard of care for its passengers.
Whereas a private carrier must provide a service that matches “ordinary or reasonable care under the circumstances,” a common carrier is held to the standard laid out in Illinois’s Common Carrier Liability Act. The Act says, “whenever any property is received by a common carrier, to be transported from one place to another, within or without this state, it shall not be lawful for such carrier to limit his common-law liability safely to deliver such property . . .”
The Common Carrier Liability Act tells the court that if the CTA were in a position to defend itself as a common carrier service, it would have to show how it provided the highest degree of safety for its passengers.
What Must Be Proven
To hold the CTA liable for an accident in the court of law, whether they are deemed a common or private carrier, an attorney must prove that the CTA:
- Was negligent and therefore caused the injury, or
- Did not do something that could have prevented an injury.
Often, people who experience an accident on the CTA don’t immediately know if either of the two occurred. It typically takes an investigation to learn if the criteria for liability were met. People considering a lawsuit should ask themselves about the likelihood of uncovering this information, preferably with the consultation of an attorney.
Phone Calls a Victim May Receive
As with any motor vehicle accident, when someone is hurt on the CTA, many different parties become involved. A person preparing a lawsuit against the CTA may receive phone calls from:
- Accident attorneys
- The driver involved
- Adjusters from the insurance company
The claimant is under no legal obligation to answer questions from anyone except police officers and first responders at the scene of the accident. Some callers may not be working in the claimant’s best interests, and he or she should be careful who he or she speaks to about the incident.
Suing the CTA
People looking to sue the CTA for an accident they experienced on the bus have a lot to consider and understand before they make any big decisions.
The first thing they should do is seek medical attention. They then have one year to sue the CTA. Throughout the time leading up to and into the trial, a number of obstacles and considerations will come to light.
The claimant should be wary of phone calls from any of the many parties involved in the case. The court will decide if the CTA is a common or private carrier, and in the end, the claimant’s attorney must prove the CTA’s negligence caused the injury.