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Lawsuits and Claims Against the CTA

9/18/2009
Barry Doyle
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Pedestrian hit and killed by CTA bus

A Chicago man was killed last night when he was hit by a No. 14 Jeffrey CTA bus on the 2000 block of East 95th Street.  The early news reports indicate that the bus was pulling away from a bus shelter when it struck and killed the man.  The bus driver claims that he was neither boarding or getting off the bus.  The Chicago Police Department Major Accident Investigation unit was still investigating.

There are a number of points that people should be aware of when a serious CTA bus accident occurs like this:

1.  Many CTA buses are equipped with a fairly elaborate video security system, and when a serious accident like this occurs, the recordings are preserved as a matter of course by the CTA claims department.  One thing that an experienced CTA bus accident lawyer will do is issue a letter to the CTA requesting that they preserve the security videotape.  That way, if the tape is later destroyed, the CTA nay be subject to court sanctions for the destruction of evidence.

2.  The issue of whether he was getting on or off the bus is an important issue in this case.  Operators of buses such as the CTA are considered common carriers with regard to their passengers, and the law imposes a responsibility on them to exercise the highest degree of care for the safety of their passengers.  This duty goes from the time that they start boarding the bus until they reach a place of safety after getting off the bus.  Anytime the accident happens right around the bus (especially while the passenger is getting off the bus), the issue of whether the CTA still has the same obligations to the passenger as a common carrier can be crucial in determining the liability of the CTA.

3.  Regardless of whether the CTA is still considered a common carrier of the person who was hit by the bus, the CTA still owes a duty of ordinary care to behave safely toward the man who was hit, just as you would have a responsibility to not hit a pedestrian with your car.  To support a claim that the bus driver was negligent, one thing that would have to be considered is evidence of the CTA's own internal rules and regulations, which includes steps that the bus driver must take to prevent accidents with pedestrians or other vehicles.

This unfortunate accident was one which probably could have been prevented through ordinary safety precautions.  You can be sure that the CTA has done a thorough investigation of this accident, and gathered any evidence that will be favorable to them.  We recommend that anyone who is involved in this kind of accident hire experienced Chicago personal injury lawyers as soon as possible.


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