Posts Tagged ‘Chicago CTA Crash Lawyer’

CTA Bus Crash and School Bus Safety Violations

Thursday, November 12th, 2009

CTA bus crash lawyerTop Chicago CTA bus crash lawyers and other transportation accident attorneys keep abreast of the frequency and types of accidents involving public transportation buses.  Recently in Chicago, a CTA bus crashed into a home in the Morgan Park neighborhood.  Fortunately, no one inside the home was injured or killed as a result of the bus crash.  However, several passengers on the CTA bus were injured as a result of the accident.   According to reports, the CTA bus driver received a traffic citation for negligent driving.

Bus safety is a concern not just with CTA buses, but also other public transportation buses, including school buses.  A separate Chicago Tribune story last week reported that there are nearly 2,000 school buses currently operating across the country with serious safety violations despite government and manufacture knowledge of defective parts.  Those injured in a bus accident involving safety violations or product defects may have a viable cause of action against the bus company, manufacturer or driver, and should contact an experienced bus accident attorney regarding your rights.

The National Highway Transportation Safety Administration (NHTSA), the governing body for motor vehicles in the US, has known about the defects for eight years. The Tribune reports that it has taken eight years to track down the companies responsible for the defective parts.

Defective parts can cause serious, if not fatal, injuries. Defective parts that cause serious injuries fall into the category of product liability, or the area of law that holds manufacturers, distributors and retailers responsible for errors in design, manufacturing or marketing of a product.  An experienced personal injury lawyer understands state as well as federal product liability law, and can help you identify all responsible parties.

The defective parts bus parts may include:
•    Seat backs that fail strength requirements
•    Weak seatbelt anchors
•    Wheelchair lifts

There are federal standards for bus parts, and the minimum standards must be met in order to ensure the safety of children riding school buses.  Seats on school buses, for example, provide what is called compartmentalization. The NHTSA defines compartmentalization in the “Highway Safety Program Guide No. 17” (March 2009) as “a protective envelope of strong, closely spaced seats that have energy-absorbing padded seat backs that help distribute and reduce crash forces.”  Seat backs that fail federal strength requirements create weak compartmentalization, which can cause serious injury to children in the event of an accident.

Failure of the NHTSA to track down and follow up with the companies is disconcerting, and it is frightening that the bus companies noted in the Tribune report, U.S. Bus and Transportation Collaborative Inc., have been lax in their mandatory reporting requirements and recall of parts they know to be defective. Such willful negligence should not be tolerated.

For a free consultation with a top Chicago bus accident injury lawyer, call Passen Law Group at (312) 527-4500.

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Deadly Pedestrian-Passenger Accidents

Wednesday, October 7th, 2009

van CTA bus crashTwo breaking news stories today highlights the the danger and frequency of deadly motor vehicle accidents involving pedestrians and large vehicles, including vans and buses.  One story involves a male pedestrian who was struck by a car (a Ford Escape SUV) in Chicago at 980 N. Michigan Avenue on the evening of September 20, and was pronounced dead yesterday.  The second story discusses who six people were injured, and one passenger was killed, when a van, which bore the markings of an adult day care center, crashed into a CTA bus, which had 13 passengers on-board at the time.

The first story involving a pedestrian killed in a car accident occurs all to frequently.  According to the NHTSA’s statistics from 2007, there were 70,000 pedestrians injured in motor vehicle crashes that year, of which 4,654 pedestrians were killed.  In other words, a pedestrian is killed in a traffic accident every 113 minutes and injured in a car crash every 8 minutes. Where the pedestrian accident was caused by the negligence or recklessness of a driver, it is critical to contact an experienced injury attorney to protect your rights.

The second story involving a crash between a passenger van and a CTA bus highlights the risk of public transportation accidents.  Drivers and operators of public transportation, including the CTA, Metra, Pace or other public transportation company owe their passengers (the public) a higher duty of care to exercise safety in the operation of their buses, trains and vans.

Furthermore, the employer of the driver of the van may be liable for this accident.  Indeed, the story states that the driver of the van, which bore the markings of an adult day care center, received multiple citations as a result of the accident.  The injured passengers or pedestrians may have a viable negligence lawsuit against the driver’s employer, the adult day care center, under a “respondeat superior” theory of liability.  There may also be a viable negligent hiring or negligent entrustment action.

To speak with a top Chicago car accident and motor vehicle injury lawyer, call Passen Law Group at (312) 527-4500 for a free consultation.

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Illinios Repeals Notice Requirement In Negligence Lawsuits Against CTA

Monday, July 6th, 2009

Illinois CTA accident notice Illinios Repeals Notice Requirement In Negligence Lawsuits Against CTAAs our cost of living continues to increase, and our cities become overpopulated, more people will continue to rely on our public transportation, including the Chicago Transit Authority (CTA). Because the CTA commutes a mass number of people each day, the result of a CTA train or bus crash can be enormous.

Severe personal injury, including traumatic brain injury and wrongful death, can be caused by train and bus accidents with other vehicles or pedestrians. Train “L” derailments can cause devastating injuries. Those injured as a result of CTA negligence deserve to be compensated for the injuries that the CTA caused.

Filing negligence claims against the Chicago Transit Authority (CTA) arising out of personal injuries sustained in serious public transportation accidents can be a difficult proposition, and those injured should seek a top Chicago lawyer in CTA injury cases. However, this month Illinois injury lawsuits against the CTA became a little less daunting.

On June 1, Illinois Governor Patrick Quinn repealed Section 41 of the Illinois Metropolitan Transit Authority Act (70 ILCS 3605/41), which had imposed a special 6-month notice requirement in lawsuits against the CTA.

Section 41 required the injured person, or his or her attorney, to provide “the name of the person to whom the cause of action has accrued, the name and residence of the person injured, the date and about the hour of the accident, the place or location where the accident occurred and the name and address of the attending physician, if any.” The notice must have been given to the CTA within 6 months of the injury, and had to sent to both the Secretary of the Transit Board and the Office of the General Counsel of the CTA.

Any error in the filing was grounds for dismissal, and the person “forever barred from further suing,” which caused many legitimate negligence claims against the CTA to be thrown out.

The repeal of Section 41 eliminates the 6-month notice requirement, and increases the likelihood of those filing legitimate negligence claims to have their day in court, and be able to collect appropriate damages.
Still, the repeal of Section 41 only applies to “causes of action that accrue on or after” June 1, 2009.

The repeal of this detrimental notice requirement was long overdo. However, the shortened one-year statute of limitations remains in lawsuits against the CTA (as opposed to a 2-year statute of limitations in typical personal injury lawsuits).

Because of this shortened time frame to file a negligence lawsuit against the CTA, and because of the special requirements in these types of cases, having a Chicago attorney experienced in CTA train and bus accident cases will help you recover the maximum compensation you are entitled under Illinois law.

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