Fall on a CTA Bus? Here’s How These Cases Work.

What Makes CTA Cases Different From Regular Personal Injury Cases

If you got hurt on a CTA bus, you need to understand that your case does not follow the same rules as a regular car accident. The CTA is a government entity, and that changes almost everything about how your case works, from the deadlines to the way you prove liability.

The biggest difference is the statute of limitations. In a regular Illinois personal injury case, you have two years from the date of the injury to file a lawsuit. With the CTA, you only have one year. Miss that deadline and your case is dead no matter how serious your injuries are. But it gets worse. Before you can file a lawsuit, you have to provide the CTA with written notice of your claim within six months of the incident. That notice has to include specific information about what happened, where it happened, when it happened, and the nature of your injuries. If the notice is defective or late, it can create problems that are difficult or impossible to fix.

CTA buses have cameras. Almost every bus in the fleet has at least one interior camera that records continuously. That footage can be incredibly valuable because it shows exactly what happened. The bus stopped suddenly and you went flying. The driver took a turn too fast. The doors closed on you while you were still boarding. But here is the catch. The CTA does not keep that footage forever. If your lawyer does not send a preservation request quickly, the footage may be overwritten. I send that request within days of taking a CTA case because once the footage is gone, it is gone.

Common carrier liability is another factor that works in your favor. Under Illinois law, the CTA is a common carrier, which means it owes its passengers a higher duty of care than an ordinary driver owes to other motorists. The CTA is required to exercise the highest degree of care consistent with the practical operation of its buses and trains. That is a high standard, and when a bus driver slams on the brakes for no good reason, takes a turn too aggressively, or pulls away from a stop before passengers are seated, they are violating it.

Sudden stop and jerk cases are the most common CTA injury scenario I handle. You are standing because there are no seats. The driver brakes hard. You go forward, hit a pole, hit the floor, hit another passenger. The injuries range from broken bones and torn ligaments to traumatic brain injuries. The CTA's defense is always the same. Traffic conditions required the stop. An emergency arose. The problem with that defense is that the camera footage usually tells a different story.

Door closing injuries are another one the CTA does not like to talk about. Passengers getting caught in the doors while boarding or exiting. The bus pulling away while someone is still stepping off. These are preventable injuries caused by impatient drivers or malfunctioning equipment, and they happen far more often than the CTA admits.

If you were hurt on a CTA bus or train, do not wait. The clock is shorter than you think. Call me at 312-500-4500 and let me get the notice filed and the evidence preserved before it is too late.

Importance of Witnesses

Another thing that is really important in the CTA fall cases is if you’re with somebody on the bus or where you get the phone number of somebody who sees you get injured on the bus. Having an independent witness or two or three witnesses really makes the difference in those claims. It’s easy for a jury in the CTA to discount what you are saying about how you fell but if we have a witness, it really helps us prove the case.

So the last thing I want to talk to you about is your mechanism of injury. In other words, you describe that you fell on the bus because it was wet and rainy, the bus pulled away quickly and you slipped and fell. Those are really tough case to recover on. I have been able to recover on a couple of them and made settlements on them but in front of a jury they’re very difficult.

Usually a successful CTA case includes the CTA bus driver losing control and running into something, or a car or a truck running into a CTA bus. Those are much easier cases to prove. Now, if that didn’t occur in your circumstance it doesn’t mean that we can’t recover in your case but I think its important for you and other people listening to understand that you really have a tough case.

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If you or a loved one is dealing with a situation like this, give us a call any time, day or night.  We are here to help. 312-500-4500