Passengers who ride on public transportation provided by the Chicago Transit Authority (CTA) should be aware of their rights under the law. The law empowers accident victims with the ability to hold negligent parties accountable for their actions or lack of action. If you are injured while using CTA public transit due to no fault of your own, you may be able to file a claim to receive financial compensation for the damages you sustained.
Filing a CTA accident claim seems straightforward, but not everything is as easy as it seems. You should expect the CTA to resist your demands for compensation and try to settle for the lowest amount possible. That is why it is essential you consult with an experienced personal injury lawyer to assist you and fight for a fair settlement.
Common Types of CTA Accidents and Why They Happen
There are many reasons why CTA accidents may occur. Here are a few common reasons for each type of accident:
- Bus Accidents: CTA bus drivers can make critical errors that lead to accidents due to fatigue, distractions, or even lack of training. Sometimes, CTA bus accidents may not be the fault of the driver but could be due to a mechanical failure or weather conditions.
- Train Accidents: CTA train accidents can occur due to mechanical issues with the train or train tracks, inclement weather, or obstructions on the tracks. Like bus accidents, they can also be caused by operator error, including fatigue and distractions.
- Station-Related Accidents: Accidents can also occur at bus stops or train stations, which may involve slips, trips, and falls, malfunctioning escalators or elevators, falling objects, or physical altercations.
Regardless of how you were injured while using the CTA, it is important to consult with an attorney about the circumstances of your accident, even if you are unsure who is responsible.
Determining Liability in CTA Accidents
In Illinois, the CTA is considered a “common carrier,” and by law, it has a duty of care it must uphold for its passengers. In other words, the CTA must take measures to protect your safety and well-being, and you have a right to use its services without fear of avoidable risk or injury. This is why it is possible for you to file a claim against it should an accident arise due to negligence.
Determining liability is a nuanced process that involves numerous steps like evidence gathering and can be made easy with assistance from a lawyer. Sometimes, CTA accidents may not be the fault of the CTA directly but of other parties, such as another passenger or an individual who tampered with transit equipment. In some cases, multiple parties may even be liable. This is why a careful and thorough investigation of the accident is essential.
Proving liability is a complex process. Even in cases that appear cut and dry, the at-fault party typically will not simply bend to demands for compensation or readily admit fault. It is far more likely they will try to avoid paying out any settlement and deny any fault or wrongdoing. Having a lawyer by your side can help ensure you have a strong case and give you the best chance of success.
What to Do After a CTA Accident
One of the most crucial steps after an accident is gathering evidence. If possible, you should capture photos or videos of the accident scene and your injuries, or at the very least, write down the details. These will play an essential role in building your case.
Seeking immediate medical treatment is another critical step. Accident victims sometimes delay treatment, as they believe their injuries are not serious. Unfortunately, some injuries only become apparent over time and may worsen if left alone. In addition, the longer you wait to be treated, the harder it may be to prove that your injuries were caused by the accident.
Finally, contact a Chicago personal injury lawyer as soon as you can. Unlike other types of personal injury cases in Illinois, which have a two-year statute of limitations, you only have one year to file a claim against the CTA after an accident.
Why You Need a Lawyer for a CTA Accident Claim
While you can go about filing your claim on your own, doing so can be difficult, especially given the narrow one-year deadline. A lawyer can help you in several ways to bolster your chances of receiving a fair settlement, including:
- Gathering critical evidence relevant to your claim
- Filing all paperwork and communicating with the CTA on your behalf
- Calculating all of the damages you sustained and negotiating for a settlement that covers them
- Providing general legal guidance and advocacy to ensure your rights are protected under the law
Cases that involve CTA accidents are often more complex than people realize, especially since it is a government entity being held responsible for damages. While you focus on rest and recovery from your accident, an experienced lawyer can handle your legal affairs for you and assist you in pursuing compensation.
Don’t Give Up On Getting the Compensation You Deserve
If you have suffered from a CTA accident, it is always a good idea to explore the possibility of filing a claim for compensation. Consulting with a Chicago personal injury lawyer with experience handling CTA bus and train accident cases is often free and can provide you with clarity on how to move forward after your accident.
