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.