Chicago's public transit system moves over a million riders every day. The CTA buses and L trains, Metra commuter rail, and Pace suburban buses form one of the largest transit networks in the country. With that volume of ridership, accidents are more common than most people realize — and when they happen, the injuries can be serious because buses and trains often don't have seatbelts for passengers.
Here's something most riders don't think about: when you step onto a CTA bus or an L train, the transit authority owes you a heightened duty of care as a 'common carrier.' That's a legal term that means the CTA has a greater obligation to keep you safe than a regular driver on the road. If the bus driver slams on the brakes and you go flying because you weren't holding on, the CTA may be liable. If the train lurches forward unexpectedly and you fall and break your hip, the CTA may be liable.
But here's what makes public transit accident cases complicated in Illinois: you're suing a government entity, and government entities have special protections. The biggest one is a shortened statute of limitations. For claims against the CTA, you must file a lawsuit within one year of the accident, not the standard two years that applies to most personal injury cases. Miss that deadline by even one day, and your case is gone forever.
There's also a notice requirement. Within six months of the accident, you need to provide written notice to the CTA of your intent to file a claim. This notice has to include specific information about the accident — the date, time, location, and a description of your injuries. Failure to provide proper notice can bar your claim entirely.
If you were hurt on a CTA bus, L train, Metra, or Pace bus, time is not on your side. The shortened deadlines mean you need to contact a lawyer immediately. Call us at 312-500-4500 before those deadlines pass.
More common than most riders realize. The CTA, Metra, and Pace move more than a million people every day across one of the largest transit networks in the country - and with that volume, accidents are inevitable. The most frequent are slips and falls on platforms, falls inside buses and trains from sudden stops or acceleration, door malfunctions, and collisions with other vehicles. Track-level incidents are less frequent but produce the most catastrophic injuries. Buses and trains do not have seatbelts for passengers, which is why public transit injuries tend to be more serious than people expect.
Two big differences. First, the transit authority is a 'common carrier' under Illinois law, which means it owes its passengers a heightened duty of care - a greater obligation to keep you safe than an ordinary driver owes other drivers. Second, the CTA, Metra, and Pace are government-related entities protected by the Illinois Tort Immunity Act. That means shortened deadlines, heightened notice requirements, and additional defenses that private defendants do not get. These cases require an attorney who knows how to litigate against transit defendants - they have full-time defense teams and they rarely settle quickly.
Yes, depending on the facts. If the bus driver's negligence contributed to the crash - going too fast, running a red light, failing to yield, distracted driving - the transit authority can be held liable. Transit bus drivers have a heightened duty of care because they operate large commercial vehicles in city traffic. I evaluate every pedestrian-transit case for multiple potential defendants, including the transit agency, the driver, and any third parties whose conduct contributed. The same one-year Tort Immunity Act deadline applies, so do not wait. Call me at 312-500-4500.
Report the injury to the bus operator, train conductor, or station agent immediately and request a written incident report. Take photos of where you were injured, the vehicle, and any hazard that caused the injury - do it the same day. Get medical attention right away to document your symptoms and begin building a record. Get contact information from witnesses, especially other passengers. Do not give a recorded statement to the transit agency or its insurance representatives before talking to a lawyer. Have a lawyer represent you to start the case properly. Free consultation, no fee unless we win. Call me at 312-500-4500.
One year from the date of the injury for claims against the CTA, Metra, Pace, and other public transit entities. That is required by the Illinois Local Governmental and Governmental Employees Tort Immunity Act, and it is non-negotiable - miss the one-year deadline and your case is over, no matter how serious your injuries. That is half the time you would have for a regular two-year personal injury case against a private driver. Do not wait. Call me at 312-500-4500 immediately after a transit injury so I can preserve evidence and meet the deadline.
Yes, and it changes the way your case is litigated. The Tort Immunity Act gives transit agencies several defenses that private parties do not have: shortened deadlines, heightened notice requirements, and various forms of immunity for certain decisions. It limits some types of damages and requires you to prove certain elements that private defendants cannot demand. This is exactly why transit injury cases require an attorney who has worked under the Act before and knows where the traps are.
Photos of the scene, the vehicle, the hazard, and your injuries. Witness statements with names and contact information. The transit agency's own incident report. Surveillance video from buses, trains, and stations - this gets overwritten quickly, often within 30 days, which is why I send formal preservation letters the day I take a transit case. Medical records documenting your injuries. Police reports if applicable. The agency's records about prior complaints, maintenance issues, and driver training can be powerful evidence in serious cases. Transit defendants will not voluntarily preserve evidence that hurts their defense, which is why early lawyer involvement matters.
Longer than typical personal injury cases. Transit agencies like the CTA, Metra, and Pace rarely make early settlement offers, and most cases progress through formal litigation. Expect 18 to 30 months for a typical case, longer if the case goes to trial. These agencies have dedicated defense lawyers who handle transit cases full-time and are not in a hurry to settle. You need an attorney willing to litigate fully and prepared to take the case to trial when necessary.
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Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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