One of the most frustrating aspects of a traffic accident is that individuals can become victims through no fault of their own. This is even more true for passengers on public transit systems like the CTA.

Riders trust CTA drivers to use care in getting them to their destinations; however, that does not always happen. In fact, accidents on CTA vehicles are surprisingly common. A report by the Chicago Tribune notes that the CTA averages one bus collision every day—the most out of any of the 10 largest public bus systems in the country.

Fortunately, the law places special rules on public transit drivers, holding them to a higher standard of care and making it easier to hold them responsible if their carelessness injures a passenger.

Special Rules for Public Transit

One of the most important parts of any personal injury lawsuit is the “standard of care.” As its name suggests, this is a legal standard that a defendant’s behavior is judged against to determine whether he or she should be held responsible for injuries to another person. The usual standard of care is that of a “reasonably prudent person,” meaning that a defendant ordinarily does not have to use extreme caution at all times; he or she must merely act with the care that an ordinary person would.

Public transit has its own standard. Unlike ordinary drivers, public transit systems—railroads, commercial aircraft, and cab companies—are “common carriers.” This special legal designation means that these systems are responsible for injuries to their passengers caused by even slight negligence because the law requires them to operate their vehicles with the highest degree of care feasible.

When the Rules Apply

The special rule comes with an important limit. The increased duty only applies to injuries that the CTA’s passengers suffer as a result of the organization’s negligence. As such, someone riding on a CTA bus, when it is involved in a crash with another car, would get the benefit of the heightened standard. However, the person in the car would have to sue based on the ordinary standard that applies to all drivers.

Courts do have a generous interpretation as to who qualifies as a passenger. For instance, people are passengers while they wait in line to board the bus or train, and they are still passengers after they get off the bus until they have reached some place of safety, such as a nearby sidewalk.

Speak with an Experienced Chicago Personal Injury Lawyer Today

If you have recently been involved in a CTA accident or other type of car crash, contact a skilled Chicago personal injury lawyer today. Our firm is here to help you understand your legal rights.