The Chicago Transit Authority (CTA) is the second-largest public transportation system in the United States, operating 8 elevated (L) train lines and 129 bus routes. Despite decreased ridership due to the COVID-19 pandemic, more than 197.5 million bus and train rides were taken in 2020.
With so many buses and trains running, some Chicago public transportation accidents are inevitable. If you or a loved one has been injured in an L train, Metra commuter train, or Pace bus accident, you may be able to sue public transportation for your injuries. Find out if you qualify for compensation from a Chicago public transportation accident lawyer at Lerner and Rowe Injury Attorneys.
Determining Who Was at Fault for the Accident
Illinois, like many states, uses a fault-based car insurance system. If you’ve ever been in a car accident before, you probably know the drill of reporting an accident and filing a claim with the at-fault party’s insurance. But if you were injured by or because of a commuter train or bus, you’ll be dealing with an entirely different set of people—possibly including representatives of the CTA, Metra, or Pace services, various insurance adjusters, and maybe even attorneys for these large organizations.
Still, although you may not be filing a run-of-the-mill car accident claim, the general principle of a fault-based system still applies. In other words, in order to obtain compensation for the injuries you sustained in a Chicago public transportation accident, someone else must be primarily responsible for the incident. Blame may lie with multiple parties, including:
- The bus driver or train conductor
- CTA, Metra, Pace, or the agency that operates the public transportation service
- The bus manufacturer (in cases of mechanical failure or defective parts)
- Another motorist on the roadway
- Another bus or train passenger
However, just because you were injured in a public transportation accident doesn’t necessarily mean you’re entitled to a settlement. For example, if you were hit by a bus as a pedestrian but were not in a crosswalk and did not have the right of way, there’s a good chance your personal injury case would not be successful.
On the other hand, if you were injured as a passenger on an L train that crashed due to operator negligence or if you suffered a slip and fall at a train station due to a lack of proper maintenance, you’d likely have a valid claim.
Note: Being partially at fault for an accident doesn’t necessarily bar you from receiving compensation altogether. Under Illinois comparative negligence laws, you can still file a personal injury lawsuit and obtain a settlement so long as you are less than 50% at fault for the accident or injury. However, your compensation will be reduced accordingly by the percentage to which you were at fault.
Compensation for Chicago Public Transportation Accidents
Victims of public transportation accidents in the Chicago Metro Area and throughout Illinois may be eligible for the following types of compensation:
- Medical expenses including hospital bills, rehabilitation services, prescription medications, and other treatments for injuries sustained in the accident
- Lost wages for the time you were unable to work due to your injuries
- Future loss of income due to semi-permanent or permanent disability stemming from the accident
- Other out-of-pocket costs, including funeral and burial expenses in cases of wrongful death
- Loss of consortium for the loss of companionship, caregiving, and physical intimacy of a spouse
- Pain and suffering for the physical and emotional toll of an injury
Get a Free Public Transportation Accident Case Review
In summation, you can sue public transportation in Chicago if you are injured in an accident that was caused by or could have been prevented by a third party such as the Chicago Transit Authority or one of its employees. However, these kinds of cases are often complex and require the assistance of an experienced Chicago public transportation accident lawyer. In addition, claims against public transportation entities must be filed within one year of the date of injury (as opposed to the standard two year statute of limitations on most personal injury claims in Illinois).
If your accident occurred recently, chances are you’ve already heard from the public transportation agency involved or will soon. It is best not to entertain any settlement offers or make any statements until your personal injury case has been thoroughly reviewed by an attorney.
To get in touch with our Chicago personal injury lawyers and arrange your free, no-obligation legal consultation, call us anytime at 708-222-2222. Operators are available 24/7 to take your call. In addition, LiveChat agents are standing by online to answer any questions you may have.
In a hurry? Fill out this brief form to be forwarded to our office and we’ll reach out to you. Your first consultation is always free, and we charge no legal fees until we’ve made a financial recovery on your behalf—that’s our no fee promise.