Things to Know About Chicago Transit Authority Bus Accident Claims

Who’s Responsible When an Injury Occurs Using Chicago Public Transportation?

The second largest public transportation system in the entire country is operated by the Chicago Transit Authority (CTA), with almost a million riders every weekday. Around 2000 buses stop at 10,588 bus stops, making over 18,500 trips daily. The CTA also operates a rapid transit system, moving trains through Chicagoland on eight rail routes that include stops at both O’Hare and Midway airports. CTA reports that it provides “…87 percent of the public transit trips in the six-county Chicago metropolitan area.”

CTA: Independent State Agency Distinct from City of Chicago

It’s a huge undertaking, and part of our local traditions. The CTA was created by Illinois state statute shortly after the end of World War II. It is an independent state agency serving not only the City of Chicago but thirty-five surrounding suburbs in the larger, famous “Chicagoland” area.

Various laws apply to its operations, as well as to injury claims that are asserted against the CTA for damages. These are both the Metropolitan Transit Authority Act of 1945 as well as state laws that apply to common carriers. Of note, the CTA is specifically excluded from the state’s Tort Immunity Act. From a legal perspective, the CTA is distinct from the City of Chicago: as an example, injury claims against the CTA are not accepted or processed by the City’s Claims Unit. The CTA claims have their own separate procedural system.

See: Hurt in Chicago Metro Area: Injury Claims Involving the Government.

CTA Has a Common Carrier Duty of Care

Illinois courts have recognized that when someone gets on a bus or a train (or a plane), they become particularly vulnerable to those providing that transportation service. They trust they will be safe during their ride and have little if any control over their safety during their journey. Accordingly, those in the business of providing this type of transportation, like the CTA, are labeled “common carriers” in the law and are required to operate at a higher duty of care and safety.

This higher duty of protecting customers for their transportation services includes the person who is getting on or off the train or bus, as well a during the actual ride. As the Illinois Supreme Court explained: “This court has long held that a common carrier has a duty to its passengers to exercise the highest degree of care, not only to carry them safely to their destinations, but to provide them a reasonable opportunity to leave the conveyance safely.” Krywin v. Chicago Transit Authority, 238 Ill.2d 215, 345 Ill.Dec. 1, 938 N.E.2d 440, 447 (2010).

Of importance to all CTA accident victims, this common carrier duty is different from the duty the CTA may have towards drivers and others who are sharing the roadways as their services are being provided to their passengers. The common carrier standard applies to the riders – it does not extend to the driver of an SUV who crashes into a CTA bus, for instance. For more on common carrier duties, read Candeub, Adam. “Common Carrier Law in the 21st Century.” Tenn. L. Rev. 90 (2022): 813.

Who Is Liable After A CTA Bus Accident?

Obviously, with such a busy and complex network of operations that provide public transportation at all hours and in all kinds of weather, the risk of someone being seriously hurt or killed in an accident involving a CTA bus is high. The legal consequences may be complicated, too.

All accident victims have the right to investigate what has happened to them independently from any police report made by law enforcement, insurance adjusters, or company investigators. Their investigation, which usually involves accident reconstruction experts working in tandem with the victim’s legal counsel, may find that more than one party is responsible under the facts and the law for their harm.

A CTA bus accident injury may have legal liability in one or more of the following companies or individuals:

CTA Bus Driver

The driver may have been driving while fatigued, sick, or impaired. The bus driver may have been distracted. Maybe they were speeding because they were behind schedule.

CTA

Failure to train their drivers for the circumstances they faced at the time of the incident may make the transit authority culpable for the bus accident injury. Not having regular inspections of their buses is a violation of legal duties, as is not keeping up all their vehicles with routine maintenance and repair. Did the bus brakes fail?

Other Drivers on the Road

Many bus accidents happen when a motor vehicle (truck, SUV, minivan, sedan, etc.) slams into the bus where that driver is negligent. Maybe they ran a red light. Maybe they were speeding. Sometimes, the other driver may be driving under the influence of drugs or alcohol or driving distracted.

CTA Contractors

If the CTA has contracted with companies to service their motor vehicles, and these companies failed to do proper maintenance or repair, then they may be legally responsible for the bus crash victim’s harm.

CTA Vehicle Parts Suppliers or Manufacturers

Likewise, if companies that have provided to the CTA parts (think brakes, tires, fuel lines, etc.) that are defective in their design or flawed in their manufacture, then they may be legally liable.

Other Vehicle’s Parts Suppliers or Manufacturers

If the incident involved a collision with another vehicle, then legal responsibility may be with any companies that provided parts to that other vehicle that are shown to be defective in their design or flawed in their manufacture.

Premises Liability

There may be occasions where landowners or lessors may share legal responsibility for a bus accident injury. For instance, if there was a failure to provide proper lighting or to keep landscaping trimmed so as to provide clear lines of sight to those on the roadway then legal duties of care and safety may have been breached with resulting liability.

CTA Bus Accident Injury Claims

After any kind of personal injury involving a CTA bus in the Chicagoland area, it is important to seek legal counsel as soon as possible. There may not be as much time to file a claim in these matters as in a standard negligence case. See, Deadlines For Accident Claims Must Be Met By Victims or Claims Are Barred.

And, there are all sorts of legal specifics that must be researched. Each case is unique, and the law is wide-reaching when public transportation is involved. There may nuances here on the scope of liability (e.g., open and obvious conditions; etc.).

For more, read:

Riding the bus in Chicagoland is part of the daily life of so many people, and they rely upon the CTA to be efficient and safe. Nevertheless, there are horrible bus accidents here where victims suffer serious harm through no fault of their own. Please be careful out there!