Bus accidents can raise complex legal issues, especially when the accident involves the Chicago Transit Authority (CTA) or other local public transit agencies. The legal issues change depending on whether it involves:

• A passenger of the bus
• Another vehicle or pedestrian
• A private bus company
• A bus operated by a local public agency

Regardless of who operates the bus or who is injured in the accident, investigation of a bus accident by a lawyer requires gathering information particular to bus accidents:

• Copies of the investigations into the accident done by various local law enforcement and transportation safety agencies
• A copy of the alcohol and drug tests the bus driver will be required to take after the accident
• A copy of the bus driver's training and work performance records
• A copy of the bus maintenance records

Elevated standard of care for bus passengers

When the injured person is in another vehicle or is a pedestrian, the issue of bus operator's negligence is measured by the same standards that apply for other types of motor vehicle accidents.

But if the person injured is a passenger of the bus, the operator of the bus line is considered a common carrier. That means the legal standard of conduct which bus driver and operator must meet is elevated.

A common carrier must exercise the highest degree of care to ensure the safety of its passengers, from the time they board the bus until they have safely disembarked and moved away from it.

This elevated standard of care makes proof of the bus operator's negligence easier.

Cases against the CTA

Notice of claim

State law requires that a notice of claim setting forth various pieces of information regarding the accident be filed with the CTA within six months of the date of accident. This time frame can be extended under certain circumstances.

This notice must be filed regardless of whether the injured person is a passenger on the bus, is in another vehicle, or is a pedestrian.

The lawsuit can be dismissed if:

• The statutory notice is not filed on time, or
• A notice is filed that contains mistakes

Compliance with the special notice requirements for the CTA is technically demanding, so legal assistance is strongly recommended in all cases involving the CTA.

Statute of limitations

The statute of limitations is one year for cases against the CTA and other public transit agencies. This means that a lawsuit must be filed within one year of the date of the accident.

For private bus companies, the statute of limitations is two years.

If you have a claim against the CTA, you should contact us immediately to ensure that your rights are protected. Don't delay and allow the statute of limitations to run, robbing you of valuable time. Investigation of bus accidents can be time-consuming and complex, so contact Chicago bus accident lawyer Barry Doyle today for your free legal consultation. No recovery, no fee.

Return to the top of the page

TEXT

- Practice Area - Nursing Home Abuse Accidents Wrongful Death Severe Injuries Work Related Injuries Medical Malpractice Product Liability Message