Can I Sue the Government for a Metra or L Injury?

 Posted on December 19, 2024 in Personal Injury

Public transportation is a vital part of daily life for many Chicago residents, but accidents can and do happen on systems like the Metra and CTA’s L trains. If you have been injured on public transit in Chicago or elsewhere in Illinois, you might wonder if you can sue the government for your injuries and suffering.

Filing a lawsuit against a government entity is more difficult than suing a private party, but it is possible under specific circumstances. An experienced Chicago, IL personal injury attorney can help you go through the process and fight for the compensation you deserve.

Can I Sue the CTA or Metra for My Injury?

Yes, you can sue the Chicago Transit Authority (CTA) or Metra for injuries sustained on their trains, buses, or stations if negligence contributed to your injury. The CTA operates L trains and buses throughout the city, while Metra manages commuter rail lines across the greater Chicago area and northern Illinois. These government agencies have a duty to maintain safe vehicles, tracks, and stations. If they fail in this duty, they can be held liable under the Illinois Tort Immunity Act.

Common causes of Chicago public transit injuries include:

• Train derailments

• Collisions with other vehicles or trains

• Slippery platforms or staircases

• Sudden stops or starts leading to falls

• Defective equipment or poorly maintained tracks

A personal injury claim against a public transit provider must prove that negligence or misconduct directly caused your injuries.

What is the Statute of Limitations for Suing a Government Entity in Illinois?

Under Illinois law, the statute of limitations for personal injury cases is generally two years. However, claims against government entities like the CTA or Metra have additional requirements and shorter deadlines.

For instance, you must file a notice of claim with the government agency within one year of the injury. This notice should include details like the date, time, and circumstances of the incident, as well as the injuries sustained. Failing to meet this deadline can prevent you from pursuing your claim in court. An attorney can ensure that your paperwork is filed correctly and on time.

What Are the Payout Limits on Government Liability for Personal Injuries?

Government agencies in Illinois are subject to the Illinois Tort Immunity Act, which provides certain protections against lawsuits. While you can sue for negligence, there are limits to the amount you can recover in damages. Illinois law caps damages in some cases, and proving liability can be more challenging when suing a public entity.

For example, if your injury occurred during a situation deemed an "emergency operation," the government might claim immunity. Additionally, proving negligence often requires substantial evidence, such as maintenance records, witness statements, and video footage, which can be difficult to obtain without legal assistance.

How Can a Personal Injury Attorney Help with a Public Transit Accident Lawsuit?

Navigating a claim against a government entity requires knowledge of complex laws and procedures. A personal injury attorney can:

• Investigate the cause of your injury and gather evidence.

• Ensure all deadlines, such as the notice of claim, are met.

• Negotiate with government attorneys and insurance providers.

• Argue a strong case to secure the maximum compensation allowed under the law.

Having an attorney on your side can level the playing field against large government entities with extensive legal resources.

Contact a Chicago, IL Public Transit Personal Injury Lawyer 

If you were injured on a Metra train, L train, or another form of public transit in Chicago or the state of Illinois, you do not have to navigate the legal process alone. Contact a Chicago, IL public transit accident attorney at Tomasik Kotin Kasserman, LLC to discuss your case and learn how to go after the government to receive compensation for your injuries. Call 312-605-8800 today for a free consultation. We have a proven track record of major successes in public transit accident cases. Let us help you get the compensation you need to recover and move forward.