Our office recovered $100,000 for a CTA Bus Passenger Falling Due to Defective Overhead Strap. Our client, a 59 year old woman, was a passenger on the bus who was standing on the bus waiting for her stop, holding onto the overhead strap. The bus driver came to a sudden stop and the strap that our client was holding broke, causing our client to fall and sustain back injuries.
The CTA is a quasi-governmental agency. There will be certain differences in filing a claim against the CTA as opposed to filing a claim against other non-governmental parties. One difference is the time limit for filing the claim. A one year statute applies against the CTA as opposed to the normal two years for everyone else. Another difference is the sheer volume of cases filed against the CTA. A CTA bus accident can involve multiples of claimants for a single incident. Yet another difference is the way the claims are processed. The CTA investigates and processes their own claims. In comparison, a claim against a private party is investigated by that party’s insurance carrier, a party not directly involved in the accident. The insurance company adjuster can sometimes be more objective in their investigation and easier to work with. The CTA adjuster is not objective. They will assume they and their driver did nothing wrong and that they are not at fault for this incident. You will have to prove otherwise.
There are other differences that have nothing to do with the law. For example, there are now cameras on each and every CTA bus. There is one camera looking forward at traffic and one camera looking backward into the bus. The video on the camera must be obtained if one is to be successful against the CTA. And, the CTA will not provide access to this video without a court order. A court order of course requires that a lawsuit first be initiated.
For this reason, CTA claims are almost always litigated. That is, successful claims against the CTA can be expected to require the filing of a lawsuit. The claimant without an attorney to represent him in court is at a severe disadvantage.
In addition to the above, the plaintiff must prove all the usual elements of his case. He must prove that he was injured in the accident, that the injury was caused by the actions of the CTA or their driver, and that the CTA or their driver had a duty to the passenger that they failed to honor. Each of these elements of the claim will be hotly contested by the CTA.
If you or your loved one was injured while riding a CTA bus, call the Law Firm of Charles J. Gale, P.C.