YOU VERSUS THE CTA
Would you know what to do in the event that you got in an accident with a CTA bus? Or if you were injured while riding the El? Section 41 of the Illinois Metropolitan Transit Authority Act governs actions against entities such as the CTA and minute details can make or break your ability to successfully bring a claim against the CTA.
As too many Illinois residents have learned the hard way, Section 41 operates to protect the CTA...to the detriment of those who have been injured. Section 41 requires anyone seeking to commence a suit against the CTA to provide notice to the CTA within six months of the accident. The "notice" must include very specific details, including the name and residence of the person injured, the date and time of the accident, the location where the accident occurred, and the name and address of the attending physician, if any. Section 41 provides that "if the notice provided for by this section is not filed as provided, any such civil action commenced against the Authority shall be dismissed and the person . . . shall be forever barred from further suing."
It may appear that those details are simple enough...name and address; date and time; location. Appearances, however, can be deceiving. In one case, a woman whose vehicle was hit by a CTA bus, had her case thrown out for failure to include the address of the hospital doctor. She ultimately filed for bankruptcy. Another person who was involved in a 2001 CTA crash in which more than 100 people were taken to a hospital had his case thrown out for failure to specify the location of the accident. Apparently, "on the brown line in Chicago, Illinois" was not specific enough. Never mind the fact that the CTA knew full well to which accident this man was referring; his case was dismissed and he was barred from further pursuing an action against the CTA.
This law dates back to 1945 and serves to protect the CTA. Victims with legitimate personal injury claims are kicked to the curb based on technicalities. This is not only unfair, but it is not right. Many of these people have already suffered a devastating blow from the injuries sustained; it's adding insult to injury when these people are denied their day in court because of a law designed to benefit a giant agency.
If you have been injured in an accident involving the CTA, please contact The Law Offices of Jeffrey Kroll. We have the experience to ensure that your rights are protected and that you will get your day in court.
