Car Accidents Involving Public Transportation: Liability and Safety Concerns
Public transportation is the cornerstone of most successful cities, making it easy for people to get around without needing to rely on a car. But public transportation comes with risks—accidents involving public transit vehicles often cause catastrophic damage, leaving victims unsure of what comes next.
If you’ve been involved in a crash caused by a public transportation vehicle, it’s time to talk to the team at Caroselli, Beachler & Coleman about your next steps. Call us at 866-565-4949 to set up a consultation now.
Can Government Agencies Be Liable for Collisions?
One of the biggest questions that come up in these cases is, “Can I sue the government if their public transportation caused my accident?” This is a nuanced question that doesn’t have any easy answers. Buses, trains, and subways are generally managed and operated by government entities. Claims against government entities are handled completely differently from claims against private parties. In some cases, the government is immune to injury claims. This leaves victims without many options for recourse.
In other cases, you can make a claim against the government. You still have to follow specific instructions to sue a government agency. Under Pennsylvania law, an injured person with a claim against the government must provide written notice of the claim to the agency in question within six months of the incident. The notice must include the name and address of the victim; the date, hour, and location of the accident; and the name and address of the attending physician. If you do not submit this notice in time, your case will likely be thrown out.
There are also limitations on how much an injured person can recover from the government. Per the Pennsylvania Sovereign Immunity Act, the government’s liability is capped at $250,000 per claimant in one incident and $1 million total for one incident. This only relates to claims against the state. If your claim is against a city or other municipality, your claim must follow the guidelines of the Political Subdivision Tort Claims Act.
Safety Concerns in Public Transportation Accidents
Public transportation poses unique safety risks and concerns. It’s important to keep these factors in mind if you’re involved in an accident and seeking compensation:
- Vehicle size: Subways, buses, and trains are much longer and heavier than conventional personal vehicles. They can do much more damage than a car, pickup truck, or SUV. This means that any claims are likely to involve far more damage and potential compensation than other accident claims.
- Passenger safety: People in cars and other vehicles are in danger when a crash happens, but so are the passengers within the public transportation vehicle. The public transportation system has an obligation to protect passengers, and when they fail to do so, they may leave themselves open to lawsuits.
- Pedestrian and cyclist safety: Public transportation routes often include pedestrian-dense areas. Collisions involving cyclists and pedestrians are often fatal or catastrophic.
- Driver fatigue: Those responsible for operating public transportation vehicles often put in long shifts and have to maintain their concentration for hundreds of miles every single day. This puts them at significant risk of driver fatigue and the dangers that come along with it.
- Limits on compensation: The government has fairly low limits on what it pays out for any given claim. $1 million may sound like a lot, but you reach that number quickly when you’re talking about a crash involving multiple vehicles and pedestrians.
How Victims Can Protect Themselves
When you’re injured in a public transit crash, you have to work quickly to protect your own best interests and fight for compensation. Claims against the government are far more complicated than standard personal injury claims, and waiting too long could forfeit your right to sue. You should meet with a Pittsburgh personal injury lawyer as soon as possible after a crash to start your case.
Explore Your Legal Options with Caroselli, Beachler & Coleman
You’ve been injured in a public transportation accident—your next step is to talk to our team about what comes next for your claim. We’re ready to learn more about your case and help you fight for compensation. Call us at 866-565-4949 or reach out online to schedule a consultation now.
