Six month notice for cases against the CTA abolished

Governor Pat Quinn recently signed legislation abolishing the 6 month CTA notice requirement.  Before that victims of el train accidents or bus accidents with the CTA were required to file a detailed notice with the CTA within 6 months of the accident.  Failing to comply with the terms of the notice requirement was a grounds for dismissal of the lawsuit, and this resulted in the unfair dismissal of many bus accident and train accident cases against the CTA. 

For people injured on or after June 1, 2009, there is no longer a notice requirement, but they still must comply with the one year statute of limitations.  People injured before June 1, 2009 still must comply with the 6 month CTA notice requirement or risk the dismissal of their bus accident or train accident case against the CTA.

The CTA notice requirement had been an unfair barrier to recovery for many victims of el train accidents and bus accidents with the CTA.  Even as an experienced Chicago personal injury lawyer, I was always concerned that some minor deficiency in the notice would result in the dismissal of my client's bus accident or el train accident case against the CTA.  The repeal of this unfair statute is an important step in holding the CTA accountable for injuries caused in bus accidents or el train accidents.

Bill proposes changes in CTA notice requirements

Legislation being proposed in Springfield may provide some welcome relief to persons involved in bus accidents with CTA buses or in train accidents on CTA el trains.

Under the current law, anyone injured in any kind of accident with the CTA must provide the CTA with a statutory notice within 6 months of the accident.  Any technical defect in the notice may be grounds for dismissing a lawsuit against the CTA.

The CTA is not under any obligation to advise potential claimants that there are defects in the notice provided to the CTA.  Rather, the CTA can lay in wait and then pounce on the defects in  the notice and have otherwise meritorious claims dismissed, even when the purpose of the notice is achieved -- providing the CTA with notice of the claim and adequate opportunity to investigate the claim.

The proposed legislation would require the CTA to advise potential claimants of defects in the notice.  Such a requirement would encourage people to provide the CTA with even earlier notice in order to take advantage of the opprtunity to cure any defect.  This would further serve the purpose of the notice requirement.

It remains to be seen whether this legislation wil pass or whether the General Assembly wil continue to provide the CTA with its unfair shield against meritorious cases.