Philadelphia Bus and Train Accident Lawyers
Bus and train accidents in Philadelphia tend to cause numerous fatalities and serious injuries. If you were injured or lost a loved one in a bus or train accident, you need a lawyer who is experienced in handling these complex injury claims. Cousin Benny Personal Injury can guide you through the legal process with confidence and fight for the financial compensation you deserve.
Who Is Responsible for a Bus or Train Accident?
Philadelphia offers various public transportation options to residents and visitors, including buses, regional rail systems, community transportation for individuals with disabilities, trains, and trolleys. Several corporations that operate out of the Philadelphia metro area offering even more transportation options to get to school, work, and other destinations. Due to the robust transportation options, many people can avoid the expense of owning, maintaining, and parking a vehicle.
Some of the agencies and companies that could be involved in a train or bus accident claim include:
- Vehicles owned and operated by the Southeastern Pennsylvania Transportation Authority (SEPTA)
- BARTA bus
- Charter buses
- Tour buses
- Private bus companies
- School buses
- Greyhound buses
- Amtrak
- CSX Transportation
- Norfolk Southern
- Conrail
Bus or train operators, busing companies, train companies, manufacturers, and maintenance providers can contribute to serious bus and train accidents. An experienced Philadelphia bus and train accident lawyer can investigate your case to determine who is responsible for your injuries.
About SEPTA
The Southeastern Pennsylvania Transportation Authority is the fifth-largest overall transit system in the United States and the sixth-largest by the average number of riders. It consists of more than 450 miles of tracks for its trains and trolleys. About 302 million individual trips are taken on this system each year.
SEPTA is responsible for administering the details of licensing, insurance, and dealing with personal injury claims that arise from accidents involving their vehicles.
SEPTA reported that it had 310 major events involving its vehicles in 2022.
Making a Legal Claim Against SEPTA
Because SEPTA is a governmental agency, legal claims involving it operate differently from those involving private individuals. The agency is protected by Pennsylvania’s Sovereign Immunity Act, which limits when the agency can be sued and the financial liability that accident victims can recover.
Under Pennsylvania law, governmental agencies consent to be sued when they or their employees act negligently and cause injury. As such, you could potentially have a claim if you were injured because:
- They were hit due to the negligence of a negligent operator or conductor.
- They were hit by a bus while crossing the street.
- Another passenger physically assaulted them.
- Repeated and abrupt stop-and-go motions harmed them.
- They were hit by a public transit vehicle’s side-view mirror while walking or bicycling.
SEPTA claims and claims against other governmental entities are limited to $250,000 per person injured and $1 million per accident, regardless of the number of people injured or the severity of their injuries.
SEPTA claims also have special notice requirements and a shorter statute of limitations.
Because of these complexities, it’s crucial to work with a lawyer experienced at handling these types of cases who can help you maneuver through the legal process and the government’s legal claims department.
Common Causes of Bus or Train Accidents
SEPTA bus, train, and trolley accidents can occur for various reasons, but some of the most common include the following:
- Inexperienced or unqualified drivers: Operating a bus or train can be a difficult job – and one that is hard to keep filled. Bus and train companies may hire inexperienced or unqualified drivers out of desperation, which can increase the likelihood of a crash.
- Driver impairment: Bus drivers and train operators can be under the influence of alcohol, drugs, or prescription medications.
- Operator negligence: Buses and trains are much more complicated to operate than other vehicles. Many accidents occur due to driver error, including sudden jerks and jolts that can injure passengers on board.
- Speeding: Buses and trains operate on tight schedules, so drivers may speed to stay on schedule, but this puts all surrounding road users at risk.
- Failing to keep a proper lookout: Buses and SEPTA vehicles are often operated in high-traffic areas. Bus crashes can occur when the driver fails to look out for pedestrians, bicyclists, or other motorists.
- Failing to yield the right of way: Buses are larger than most other vehicles, so drivers may use the larger size to push their way through traffic, ignoring crosswalks and the right of way of other motorists.
- Weather conditions: Inclement weather in Philadelphia, fog, and low-visibility issues can make commuting on public transit riskier.
- Maintenance issues: Buses, trains, and trolleys have thousands of moving parts, any one of which can become dysfunctional and cause a serious crash. Infrastructure can also be damaged, leading to other accidents.
Because buses and trains are so large and heavy, collisions with them tend to result in severe injuries and traffic fatalities.
Legal Duties of SEPTA and Train and Bus Operators
A critical aspect of SEPTA and other train and bus cases that accident victims should be aware of is that these entities are typically considered common carriers under Pennsylvania law. Common carriers transport passengers or property between points in the state by motor vehicle for compensation. Common carriers owe a higher duty of care to safely transport their passengers.
These responsibilities include:
- Keeping a proper lookout for pedestrians and other road users
- Following all laws and regulations
- Taking reasonable steps to avoid collisions
- Maintaining safety equipment, lights, and warning signals
- Ensuring trains, brakes, and coupling mechanisms are maintained
- Properly training drivers and operators
- Conducting employee drug and alcohol screening
If SEPTA or its employees violate these legal duties, they may be responsible for financially compensating accident victims.
Financial Compensation You Can Recover After a Bus or Train Accident
Pennsylvania personal injury victims can seek compensation for their economic and non-economic damages. Economic damages compensate for direct, tangible losses that accident victims suffer, such as:
- Medical bills for emergency treatment, ambulance rides, hospital stays, surgeries, and diagnostic tests
- Costs for ongoing medical treatment, including for follow-up appointments, rehabilitation costs, and specialist visits
- Anticipated future medical expenses
- Lost wages
- Reduced or lost earning capacity
- Property damage
Non-economic damages compensate victims for less tangible losses they suffer because of an accident, such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Psychological trauma
- Loss of enjoyment of life
An experienced attorney can review your case and identify all the damages that can be included as part of your personal injury claim.
What Is the Statute of Limitations for Train or Bus Accident Claims
Under Pennsylvania personal injury law, you typically have two years to file a lawsuit. However, if your claim is against SEPTA or another governmental entity, your claim is subject to a six-month notice requirement. Written notice must contain sufficient information about the accident and medical details related to the injuries.
If you don’t file your case within the applicable deadline, you can forfeit your right to recover compensation through the civil courts.
Why Do I Need a SEPTA Accident Attorney?
If you were injured due to a SEPTA train, you need a lawyer who is knowledgeable about mass transit rules and regulations. Mass transit accidents, train crashes, and train derailments often cause catastrophic injuries. Your ability to recover fair compensation may rely on having a
A Philadelphia SEPTA accident lawyer from our law firm can evaluate your case and determine if negligent operation or other factors were involved in your case, and whether you have legal grounds to file a personal injury lawsuit. If we accept your case, we can help by:
- Visiting the accident location to investigate the accident and gather evidence
- Interviewing witnesses
- Inspecting the damaged vehicles
- Reviewing the official accident report
- Requesting other incident cards that involve similar problems
- Reviewing your medical records
- Requesting footage from surveillance videos and smartphones
- Handling communications with insurance adjusters
- Negotiating for fair compensation
Our trial-tested law firm will not hesitate to take your case to court if the at-fault party refuses to make a fair settlement offer. Our trial attorneys have a successful track record of verdicts and settlements. Contact us to discuss your case in confidence with an experienced Philadelphia injury lawyer.
Contact Our Personal Injury Lawyers Today for a Free Consultation
If you were injured in a bus or train accident, you need a highly skilled personal injury attorney to handle your case. This will give you peace of mind knowing your legal claim is in capable hands while you focus on your recovery.
The experienced personal injury attorneys have years of experience handling complex legal claims and securing millions of dollars in compensation for our clients. We can discuss your claim during a free case review. Contact us today to get started.