Can You Sue Chicago Public Transportation?

Can You Sue Chicago Public Transportation? Date: Oct 4, 2023

The Chicago Transport Authority (CTA) and other government agencies may be liable for personal injuries on the transportation systems or networks. However, there are a few things you should note.

First, it’s essential to know the type of public transportation accident and the standard of care for public transit providers. Second, you should learn about the various kinds of evidence you may need to prove your case and understand the type of compensation you may seek. Finally, it’s best to understand the procedure for instituting the action. Below, we cover all of this information to help you understand more about suing the Chicago Transit Authority.

Types of Public Transportation Accidents

There are many ways to commute in Chicago, including by taxis, subways, trains, buses and ferries. While these options are generally safe, travelers sometimes encounter accidents.

These accidents can be the result of negligent drivers or pedestrians or can even sometimes be the fault of someone under a duty to ensure the safe transportation of passengers. Considering that public transportation or mass transit accidents are inevitable, we must assess each type closely.

Here are a few common types of Chicago Transit Authority accidents:

1. Subway and Train Accidents

Subway and train accidents may arise from several causes, such as inadequate maintenance, mechanical malfunction, derailment, defective tracks, operator error or unprotected railroad crossing. Passengers may also sustain injuries by other means, such as slips and falls or cuts from exposure to sharp objects — the possibilities are numerous.

Therefore, the CTA must comply with all safety protocols and ensure all passengers onboard and passersby are out of harm’s way. While it’s essential to protect yourself and your loved ones against these unfortunate incidents, the CTA also has a duty to ensure its operations are within the law.

2. Bus Accidents

Bus accidents remain prevalent despite the numerous attempts by the CTA to curb the situation. There are many causes of these occurrences, including distracted driving, overspeeding, drug and alcohol use, poor maintenance, and failure to adhere to traffic regulations. Passengers or pedestrians involved in these accidents may initiate civil action to recover damages for the loss.

3. Taxi Accidents

Like other car accidents, taxi accidents resulting in injury can happen for a variety of reasons. For example, a taxi accident may involve a collision with another vehicle. These accidents may also involve pedestrians instead of passengers.

Evidence to Prove Fault When Suing the Chicago Transit Authority

Evidence is necessary to prove your case. It helps you narrate the story persuasively and establish the defendant’s fault. Therefore, it’s vital to understand the safety standards for public transit providers to know which piece of evidence is relevant. Here are a few examples:

• Official accident report: Securing the official accident report from law enforcement agencies can help prove your case against the CTA. The formal report typically contains information about the accident, including the cause and parties involved. Other public transportation accidents may also require independent investigation by the National Transportation Safety Board.
• Witness statements: Eyewitnesses are pivotal in mass transit accidents. Witnesses can provide invaluable information and help establish what caused the accident. They can also help establish who’s responsible.
• Medical reports: Generally, the plaintiff, or the injured person suing the alleged wrongdoer, needs to establish that they were injured by a CTA-related accident. Therefore, if you or your loved one was involved in a mass transit accident, seek treatment at the hospital immediately and request a medical report. Additionally, collect all receipts for medical and other related expenses.
• Camera footage: Camera footage can provide vital evidence in mass transit accidents. Besides those installed on the streets, you may also access the cameras installed on trains, buses or taxis. If witnesses also recorded the accident on their smart devices, you may use those as evidence to support your case.
• Maintenance records: As the name suggests, mass transit is patronized by many people, so it’s best if public transit providers conduct regular inspections and maintenance to reduce accidents if preventing them altogether is impractical. To prove a fault or negligence on the part of the CTA, you may need access to their official maintenance records. This would help you assess whether they complied with the safety standards.
• Operator’s history: It may be that the public transportation operators hired an unqualified person to transport passengers. Sometimes, the best way to confirm such information is by accessing the agency’s employment records and operator history. For example, you could find that the operator lacked the authorization, licensing or training to operate the vehicle.

Case Study Example

Determining whether a person is entitled to legal relief is a question of fact, depending on the circumstances of each case. For example, in October 2019, Hans Monroy was seated in the backseat of a taxi southbound on Wacker Dr. in Chicago. While turning, the taxi driver collided with an approaching vehicle. Monroy was later pronounced dead.

In Monroy’s case, one of the considerations the police made during the investigation process was identifying the wrongdoer. This required answers to possible questions like, “Did the driver breach a traffic regulation?,” “Was the vehicle in good condition?,” “Does the cab belong to a private entity or the state?” and “Is the taxi insured?”

The goal here is to prepare adequately and gather sufficient evidence before taking your case to court. Even when the parties decide to settle, having a good grasp of the facts can help with negotiations.

What You Should Know When Filing Chicago Public Transportation Lawsuits

The CTA is specifically excluded from immunities under the state’s  Tort Immunity Act, meaning you may bring an action against the agency for compensation. However, the process for filing such a lawsuit differs from bringing legal action against an individual. The primary distinction is that a person suing a state official and agency must first file a claim to seek permission.

In the claim, the plaintiff must describe the incident, injuries sustained and the amount of compensation sought. The government typically responds by offering a settlement or denying the claim. If unsatisfied, you may then file a lawsuit.

Compensation for Public Transport Injury Claims in Chicago

Here are examples of compensation or damages you may seek in a Chicago Transit Authority lawsuit:

• Pain and suffering: This is the compensation you may obtain for the physical and emotional trauma.
• Medical expenses: You may claim costs arising from the accident, including hospital bills, prescription medications, rehabilitation and other treatment for injuries sustained, whether physical or psychological.
• Lost wages: If you were unable to work due to the injuries sustained, resulting in you losing wages from your employer or work, you may claim these losses against the CTA.
• Future loss of income: You may claim compensation for injuries that cause you to lose your job or future earnings.
• Loss of consortium: This compensation caters to losing a spouse’s companionship, caregiving and physical intimacy.
• Other out-of-pocket expenses: This compensation caters to all additional costs, such as funeral and burial expenses for wrongful death.

Chicago Transit Authority Lawsuit FAQs

Here are answers to the frequently asked questions about CTA lawsuits:

1. What Is the Limitation Period for CTA Lawsuits?

Personal injury claims against the CTA must be commenced within one year when the injury occurred.

2. What Is the Standard of Care in Proving CTA Lawsuits?

Generally, the CTA is held to a higher standard of care than the ordinary or reasonable care test because passengers rely entirely on the carrier for their safety.

3. Can the Plaintiff Be Liable for Their Injuries?

Plaintiffs can be wholly or partially liable for CTA injuries, so it helps to prepare adequately before instituting an action.

4. Who Can Be Liable for Public Transportation Injuries?

The persons liable for mass transit accidents in Chicago depend on the facts of each case. They may include the bus driver or train conductor, CTA, Pace, manufacturer, maintenance inspector, other motorists, passengers or pedestrians.

Get a Consultation Today

The Law Offices of Argonis and Associates, LLC is made up of experienced personal injury lawyers providing individualized, professional, high-quality legal solutions. We assign attorneys to listen to your case and offer legal assistance for free unless we win for you. Contact us today to learn how we can help you.

George Argionis

George Argionis has over 20 years of experience in handling cases involving auto collisions, premises injuries, medical malpractice, product liability, construction-related and work-related injuries. He has dedicated his career to helping restore lives both emotionally and economically.