Chicago is a bustling city where many people rely on public transportation to get around.
The Chicago Transit Authority (CTA) runs buses and trains that help millions of people travel to work, school, and other places.
But accidents happen, and when they do, it’s important to know how to prove that the CTA is responsible.
Learn more about the burden of proof in public transit accidents and how a lawyer can help you.
The burden of proof means that it’s your job to show that the other party is at fault for your injuries.
In a personal injury case, you are the plaintiff. You need to gather enough evidence to convince the court or an insurance company that it is more likely than not that the defendant caused your injuries.
This is known as proving your case by a “preponderance of the evidence.” This standard is easier to meet than in criminal cases, where the proof must be “beyond a reasonable doubt.”
In personal injury claims, you are proving that the defendant was negligent. There are four elements to showing that they were negligent:
Basically, you must show that because of how the CTA’s employees acted, you were hurt. If they hadn’t acted in that way, your accident would not have happened and you would not have been hurt.
In Illinois, buses and trains like those operated by the CTA are called “common carriers.”
This means they transport people for money and have a special duty to keep passengers safe. Common carriers have to be more careful than regular drivers.
For example, if a CTA bus driver runs a red light and causes an accident, this could be considered negligence because the driver did not follow the rules of the road.
In Illinois, negligence is when someone fails to be as careful as they should be, and that failure causes someone else to get hurt. In public transportation accidents, negligence might include things like a bus driver speeding, a train operator not paying attention, or poorly maintained equipment causing an accident.
There are several differences when bringing a claim against a common carrier. Strict liability does not apply to common carriers — that means a defendant is not liable for committing an action regardless of their intent.
So if you are pursuing a claim against the CTA, you must prove your accident was their fault. You hold the burden of proof.
While the typical statute of limitations for a personal injury case in Illinois is two years, you must start a CTA claim within one year of the accident. Some cases have even less time.
One year sounds like enough time, but it’s critical not to wait. Time is of the essence when you’re suffering.
To prove your case, you need evidence. Evidence is anything that can help show what happened and who is responsible. There are two main types of evidence: direct and circumstantial.
Direct evidence directly shows that something is true. This can include things like:
Circumstantial evidence suggests that something is true but doesn’t directly prove it. For example, if your car was hit at a certain angle, it might suggest that the other driver ran a red light, even if no one saw it happen.
When dealing with CTA accidents, you might need:
It’s important to collect as much relevant evidence as possible to build a strong case.
A personal injury lawyer from Chicago can be extremely beneficial when you are trying to prove that the Chicago Transit Authority is responsible for your injuries.
Your public transit accident lawyer can help you:
A lawyer will help gather all the evidence needed for your case. They know what to look for and how to get it. For example, they can request surveillance footage from the CTA or get expert opinions on the cause of the accident.
A lawyer will organize the evidence and present it clearly and convincingly. They might bring in experts, like accident reconstruction specialists, who can explain how the accident happened and why the other party is at fault.
Often, cases are settled before they go to trial. A lawyer will negotiate with the insurance company or the CTA to try to get you the compensation you deserve.
If a fair settlement can’t be reached, the lawyer will take your case to court. Hiring a lawyer who is prepared for this option means less time wasted and that you’re serious about your case.
Public transportation accident cases are typically complicated, especially when dealing with a government agency like the CTA.
There are special rules and deadlines for filing claims against government entities. A lawyer will make sure all paperwork is filed correctly and on time.
Securing the evidence needed to win a settlement in a Chicago public transportation accident is crucial. Finding the right attorney can improve your chances of getting the proof you need to meet the burden of proof.
The Staver Accident Injury Lawyers, P.C., understand how challenging and upsetting an accident’s aftermath can be. We have helped countless clients get the justice they deserve after an accident with the CTA. We know how stressful your situation is, and we’re ready to fight for your family’s security and future.
Call (312) 236-2900 or fill out our online form. There are no fees unless we win.
When you’re fighting for maximum compensation, we know what it takes to get it.
