Cook County Personal Injury Lawyer - Mass Transit (Airline, Cruise Ship, Train, Bus)

Cta Section 41 Notice Repealed

Kristina Labanauskas — Mon, 08 Jun 2009 16:22:23 GMT

Claimants and attorneys can breathe a sigh of relief.

On Monday, June 1, 2009, Governor Pat Quinn signed Senate Bill 84 (CTA Section 41 Notice Repeal) into law, which repealed in its entirety the Section 41 notice requirement.

CTA Section 41 required an injured party to provide notice of any injury and/or accident to the CTA within 6 months of the date of accident. This notice cost many potential litigants their cases, as it required specific detail with no room for error. Judges were compelled to throw out legitimate causes of action based often on innocent mistakes on the pre-suit notice.

The repeal solely applies to causes of action accrued on or after the June 1, 2009. Further, the one year statute of limitations still applies for filing a lawsuit against the CTA.

Click here for a complete copy of P.A. 96-0012.

Originally posted at InjuryBoard by Kristina Labanauskas

Safety Issues Lead CTA to Sideline Accordion-Style Buses

Kristina Labanauskas — Fri, 20 Feb 2009 17:38:45 GMT

The CTA removed nearly 200 of the 60-foot-long buses from service on Thursday as a precaution after serious cracks were found in one vehicle’s chassis.

The articulated buses can carry up to about 125 passengers—61 people seated and 64 standing. The capacity of the CTA's 40-foot buses range from 81 to 84 passengers, officials said.

The buses will be inspected and possibly repaired. At this time, however, it is not known when they will return to service.

Bus customers were advised to avoid rush-hour travel (particularly 7-8 a.m. and 4:30-5:30 p.m. weekdays) and to ride trains or be prepared to wait longer. Increased rail service was added to several train Lines. For more information, bus riders can check the CTA Bus Tracker at www.ctabustracker.com.

Originally posted at InjuryBoard by Kristina Labanauskas

CTA Bus Accident near St. Ignatius College Prep

Kristina Labanauskas — Thu, 20 Nov 2008 18:09:51 GMT

A westbound No. 12 Roosevelt bus collided with two vehicles Tuesday morning on the Near West side. The accident took place at West Roosevelt Road and South Blue Island Avenue, just outside Saint Ignatius College Prep.

Preliminary reports indicated that the bus was stopped at an intersection when it was struck by a car.

One person was taken from the scene in serious to critical condition. Nearly two dozen other people were taken to area hospitals in conditions ranging from fair to serious.

Originally posted at InjuryBoard by Kristina Labanauskas

Metra Train Kills Pedestrian

Kristina Labanauskas — Fri, 26 Sep 2008 17:10:00 GMT

A Union Pacific Northwest Line train inbound to Chicago struck and killed a pedestrian near the Arlington Heights Station, located at Northwest Highway and Evergreen Avenue. The tragic accident took place this morning just after 7:30 a.m.

This is the second fatality on the tracks this week. On Wednesday night, about 5:10 p.m., the Chicago Fire Department was notified about a pedestrian who was possibly struck by a train in the 2300 block of South Springfield Avenue on Chicago's South Side. There has been no confirmation to date that the train hit the man, however.

In 2007, the most recent reporting year for statistics, the Federal Railroad Administration reported 2, 278 collisions, 339 fatalities, and 986 injuries occurring at highway-rail grade crossings.

As the cost of gas goes up, so does the number of people who are likely to take public transportation. This is good for the environment and for your wallet. However, pedestrians and driver must be especially cautious when on or near the tracks.

Operation Lifesaver provides pedestrian railway safety tips:

1) Trains can move in either direction at any time. Trains are sometimes pushed by locomotives instead of being pulled. This is especially true in commuter and light rail passenger service.

2) Modern trains are quieter than ever, with no telltale sounds. Also, an approaching train will always be closer and moving faster than you think.

3) Cross tracks ONLY at designated pedestrian or roadway crossings. Observe and obey all warning signs and signals.

4) Never walk down a train track; it is illegal and dangerous. By the time a locomotive engineer can see a trespasser or a vehicle on the tracks, it is too late. The train cannot stop quickly enough to avoid a collision.

Originally posted at InjuryBoard by Kristina Labanauskas

Chicago-bound Amtrak Train Derails Outside Joliet

Kristina Labanauskas — Tue, 09 Sep 2008 12:51:33 GMT

An Amtrak train derailed on Monday evening after a set of wheels jumped the track.

There were 112 passengers aboard Lincoln Service Train 304. The train remained upright, and no one was injured, according to Amtrak.

The train was headed from St. Louis to Chicago. The derailment happened just south of Joliet. There were only 3 stops left: Joliet, Summit and Chicago’s Union Station. Passengers stayed on the train and waited for buses to transport them to their destination stops.

Originally posted at InjuryBoard by Kristina Labanauskas

RTA Finds CTA Rail Safety Needs Improvement

Kristina Labanauskas — Fri, 04 Jul 2008 18:00:00 GMT

A recent review of the Chicago Transit Authority (CTA) revealed that the CTA is safe enough to ride but is in vital need of upgrades. The Regional Transportation Authority (RTA), which is responsible for overseeing local transportation operators in the Chicago area, conducted its Triennial review last August. It found that the CTA is doing a poor job of identifying dangerous conditions that lead to accidents and needs to be more vigilant in correcting such conditions. Also, the CTA needs to conduct more emergency-response drills and beef up construction safety.

From January until August 2007, the CTA experienced 13 train derailments and five train collisions in its rail yards.

During the review, the RTA observed trains being coupled, which the RTA advised should not be done in the platform area. The RTA also observed train operators violating the requirement that they keep their heads outside of control cabins while doors close, as it ensures passenger safety.

It is clear that the CTA has work to do. Improvements or not, however, the law regards theCTA as a common carrier, which means that the CTA is expected to exercise the highest degree of care for the safety of its passengers. When there is a deficiency in personnel or equipment, the law is likely to hold the CTA liable for injuries to its passengers.

But while the CTA is held to this highest standard, the law provides that the CTA is entitled to a special statutory notice from anyone making a claim for injuries against the CTA. This notice must be filed with the CTA within six months of the injury. And, after notice is filed, suit must be filed within one year of the injury. Not only is the timing critical, but the substance of the notice must be completed correctly or the case may be at risk for dismissal. So, even if an injured person has a meritorious claim, failure to comply with these technical requirements may result in a dismissal of the case.

Originally posted at InjuryBoard by Kristina Labanauskas

CTA Green Line derailment

Barry Doyle — Wed, 28 May 2008 19:55:40 GMT

Earlier today, a CTA Green Line train derailed, resulting in several being hospitalized. The early reports are that the derailment of the train occurred at a switch track. The operator went through a red signal and then overrode a safety which would have otherwise stopped the train. The train the proceeded into a switch that was not aligned resulting in the derailment of the train.

The law regards the CTA as a common carrier. This has legal significance because as a common carrier, the CTA is expected to exercise the highest degree of care for the safety of its passengers. In essence, their train and bus operators must be properly trained and do their jobs correctly, and the tracks and other equipment have to be properly maintained. When there is a deficiency in the personnel or equipment of the CTA, the law is likely to hold them liable for injuries sustained by the passengers.

Given how the facts of this derailment are developing, the likelihood is that the CTA will not seriously contest its liability for this accident. However, this does not mean that the passenger injured in this CTA derailment (or any other accident involving the CTA) is out of the woods, legally speaking.

The CTA has the benefit of a special statutory notice that anyone making a claim for injuries against the CTA must file with the CTA within 6 months of the injury. After that, suit must be filed within one year of the injury. The tricky proposition with the CTA notice provision is that it must be completed correctly or the case is at risk for dismissal. Otherwise meritorious personal injury claims against the CTA can be dismissed for technical errors in the notice. This was the subject of a previous blog post. Because of this, anyone injured in a CTA accident would be well-advised to hire an attorney.

Originally posted at InjuryBoard by Barry Doyle

Truck crashes into CTA el station

Barry Doyle — Sat, 26 Apr 2008 00:22:31 GMT

A truck speeding down the Cermak exit to the Dan Ryan expressway left the roadway and crashed into a CTA bus stop and el station at rush hour today. Commuters waiting for the bus and leaving the trains at the CTA's Cermak Red Line station were struck by the truck as it jumped the curb and plowed into pedestrians. Two commuters were killed and at least 20 more were injured, some critically.

Mass accidents such as this require more than a rush to action. Prompt action is certainly required, and victims and their families are advised to obtain legal representation as quickly as possible so that lawyers can begin securing evidence such as statements from witnesses, photographing the scene, and obtaining court orders to ensure the preservation of the truck and its component parts.

In cases such as this, even where there is a well-insured defendant like a trucking company, there may be insufficient coverage from the easily identifiable defendants to allow all of the victims of the accident to be fully compensated. This is because the large number of injured people results in many claims against an insurance policy with finite limits. The facts of this case speak to an apparent loss of control of the truck, which should raise questions about the maintenance of the truck and its component parts, including the trailer. The role of every entity involve din putting that truck and that driver on the road must be carefully examined to ensure proper compensation for the victims of this accident.

Originally posted at InjuryBoard by Barry Doyle