Operating approximately 120 bus routes and many more routes via subways, commuter trains, and trolleys, the Southeastern Pennsylvania Transportation Authority (SEPTA) operates one of the largest public transit systems in the United States. Unfortunately, these mass transit vehicles are not immune to serious accidents that injure passengers, other motorists, and pedestrians.
Due to their large size, SEPTA bus and train accidents can cause serious injuries, including traumatic brain injuries, spinal cord injuries, and internal organ damage. If you or your loved one was seriously injured in a SEPTA accident, reach out to Cousin Benny Personal Injury for immediate legal assistance. Your time to protect your legal rights and make a claim is limited.
Understanding Laws Pertaining to SEPTA Accidents
Before taking legal action, you should be aware of the various state laws that relate to SEPTA accidents, including:
Governmental Immunity
One of the complicating factors of personal injury cases involving SEPTA vehicles is the legal concept of sovereign immunity. SEPTA is a government agency, so this rule applies, which limits the government’s liability and the ability to sue it for compensation. Generally, governments consent to be sued if their negligence was the proximate cause of the accident.
In Pennsylvania, SEPTA can raise the immunity defense for personal injury claims that do not relate to the actual operation of its vehicles, meaning that the vehicle was in motion at the time of the accident.
SEPTA has been successful in raising this defense when it was sued in situations such as:
- The bus was rear-ended when loading or unloading passengers.
- A passenger fell while exiting the bus.
- A SEPTA driver failed to properly kneel the bus for the passenger to exit, resulting in injury.
- The wheelchair ramp was uneven with the ground after the bus driver lowered it, causing injury to a wheelchair-bound passenger while exiting.
If your bus accident has to do with injuries that occurred while the bus was in motion, the immunity defense should not apply. Therefore, if the accident was caused by the driver’s negligence, such as speeding, being distracted, or running a red light, you should still be able to sue. As the bus driver’s employer, SEPTA is responsible for accidents caused by driver error or other forms of the driver’s negligence.
Notice Requirements
Another important law to be aware of is the notice requirement. This rule requires anyone who wishes to file a claim against SEPTA to provide written notice within six months of the accident date for their legal claim to proceed. This notice must provide details about the accident, including:
- How, when, and where it happened
- The injuries you suffered
- The damages you are seeking
Statute of Limitations
You are also subject to a two-year statute of limitations, so even if you file written notice of your claim, you must file a lawsuit within two years from the accident date to preserve your right to recover compensation if you have not resolved your claim by then.
Damage Caps
Another rule to be aware of is that damage caps apply to SEPTA claims. The state doesn’t want its cities to be bankrupted, so it limits compensation to $250,000 per person, $1 million for all injured parties per accident.
Identifying All Responsible Parties
Just because a SEPTA vehicle was involved in the accident does not necessarily mean that SEPTA or one of its operators or conductors was at fault. While common carriers are expected to exercise the highest level of care when transporting passengers, other motorists or parties may also have contributed to the accident. An experienced personal injury attorney can investigate your case to determine who was at fault.
Depending on the circumstances, responsible parties might include:
- SEPTA employees, such as operators or conductors, who acted negligently
- SEPTA for its employees’ negligence, failure to train staff, maintain vehicles, or address hazards
- Other motorists who caused crashes with SEPTA vehicles
- Manufacturers of defective auto parts
- Mechanics who performed negligent repair
If SEPTA was at fault, a personal injury lawyer can help you file a claim against the government agency. If another motorist was at fault, you could file a claim with their liability insurance company. If multiple parties contributed to the accident, you could have multiple claims. An experienced attorney can help guide you through the legal process of seeking compensation from all at-fault parties.
Gathering Evidence in Your Legal Claim
To overcome government immunity and meet your burden of proof in a personal injury case, you will need strong evidence. This could consist of:
- Video footage: Due to the large number of SEPTA accidents, the government agency has installed surveillance cameras on all of its buses. This footage might show that the driver was texting while driving, drinking while driving, not paying attention, or otherwise failing to follow the rules of the road. There could also be other video footage from passengers’ cell phones, traffic cameras, or nearby surveillance cameras.
- Accident reports: Police reports may help provide basic information about the crash, include statements from the bus or train operator, and contain insurance information. Police officers may have interviewed passengers or other witnesses and incorporated their statements into the official report.
- Accident scene photos: Photos of the accident scene may help illustrate how the crash occurred and the extent of the damage.
- Medical records: Medical records can help connect the accident to the serious injuries it inflicted.
- Reports from accident reconstruction experts: Accident reconstruction specialists can use objective evidence to create visual representations of the events that contributed to the accident. This is key when claims involve disputed liability.
Cousin Benny Personal Injury has extensive experience handling personal injury cases and can help identify, gather, and preserve strong evidence in yours. Contact us today for a free consultation.
Filing a Claim Against SEPTA
If you are aware of the information explained above and believe that you have a valid legal claim against SEPTA, you may be able to file a claim to pursue compensation for your damages. You will need to provide written notice of the accident in a timely manner. An experienced attorney can help guide you through the process.
Calculating Your Damages
Personal injury victims in Pennsylvania can pursue compensation for the full value of their accident-related injuries and losses, including:
- Medical bills for emergency treatment, ongoing medical care, and future medical expenses
- Lost wages for time you missed from work and could not work
- Property damage to have your vehicle and other personal property repaired or replaced
- Alternative transportation expenses, such as car rental or rideshare costs
- Physical pain and suffering
- Mental anguish and emotional distress
- Reduced quality of life
Notably, SEPTA accidents involving non-passenger vehicles mean injured victims are eligible for full tort benefits. While being injured in a car accident could mean that you could only recover compensation for your economic damages if you have limited tort insurance, this is not usually the case in accidents involving SEPTA.
Taking Necessary Steps After a SEPTA Accident
Staying calm and maintaining your composure are key following a serious accident. If possible, do the following to protect your legal claim:
Get to Safety
If you are a passenger on the bus or train, move to a safe location on the bus if it is safe to do so. If you are a pedestrian that a SEPTA bus ran over, try to get out of the path of oncoming traffic, if possible. If you are a motorist,
Call the Police
Call 911 to report the accident to local law enforcement if the driver hasn’t done so.
Collect Information
Write down as many details as possible, including the bus number, route number, time of day, and location of the accident. Ask the bus driver for their name and insurance information. If other motorists were involved, ask for their names and insurance details, too.
Ask witnesses and passengers to write down their names and contact information so that your lawyer can follow up with them, if necessary.
Document the Scene
Use your cell phone to take pictures of the following:
- The SEPTA bus or train
- Wide shots and close-ups of the accident scene
- Any nearby relevant traffic signs and signals
- Cross streets
- Damage to all vehicles involved
- Your injuries
- The license plate numbers for all vehicles involved
Report the Accident to SEPTA
Report the accident to SEPTA officials in a timely manner to preserve your legal rights.
Seek Medical Attention
Go to the emergency room if you were injured. Keep all of your medical bills, reports, and test results.
Contact an Experienced Personal Injury Lawyer
SEPTA accident claims are too complex for you to try to handle alone. You’re facing the government, but you don’t have to do it alone. Cousin Benny Personal Injury has recovered millions of dollars in compensation for our clients by fighting aggressively for every dime they deserve. We can help you file your legal claim and pursue the financial accountability that you deserve. Contact us today for your free case evaluation.