If you were hurt while riding on SEPTA or in a crash with a SEPTA vehicle, our lawyers can help you get compensation. SEPTA is a huge company, and they often have strong legal teams to make it harder for riders to get compensation for injuries.
This is where our attorneys come in. If they have a lawyer, you should, too. We can represent you in negotiations for a fair settlement and even take SEPTA to court for your injuries.
For a free review of your potential case, call Kenny Burns & McGill’s attorneys for SEPTA injuries today at (215) 423-5500.
Can You Sue SEPTA for Injuries in Philadelphia?
SEPTA is a transportation authority created and funded by the government. Because of this, you may need to use the Tort Claims Act to sue, but lawsuits are permitted for driver negligence and other similar accidents.
Usually, governments and their agencies are immune from lawsuits unless they have laws saying when you can sue them. The Tort Claims Act does this, opening government agencies to lawsuits for ordinary negligence.
Under this law, there are additional procedures and notice requirements. There is also a cap on damages and a limit against punitive damages. However, you can still recover compensation for your injuries, lost earnings, and pain and suffering in certain situations.
Types of SEPTA Injuries You Can Sue For
Not every SEPTA accident involves a crash or derailment. Our attorneys for SEPTA injuries can help with all of the following:
- Bus crashes
- Trolley crashes
- Train derailments and accidents
- Slip and falls at SEPTA stations
- Falls onto tracks
- Falls between the car and the platform, along with resulting injuries
- Assault by SEPTA staff.
In some cases, you might also be able to sue for negligent security, including cases of assault or sexual assault aboard a SEPTA vehicle.
Evidence to Use in a SEPTA Injury Claim
In any accident case, your own testimony will be vital evidence. You can describe what happened to you and explain how SEPTA staff or defective vehicles are responsible.
Along with this, medical records, police reports, and witness testimony will help back up your claim. When these independent sources corroborate and confirm your story, the strength of your evidence compounds.
Additionally, most SEPTA vehicles have cameras on board. Our lawyers can request a copy, introducing it as evidence of what happened.
We can also seek expert testimony, including testimony from engineers and former SEPTA employees, to show that your accident involved technical or engineering problems or a violation of standard practice for SEPTA staff.
Suing for Injuries on the Market-Frankford Line/“L”
The Market-Frankford Line runs from 69th Street Station through the center of town, then up along I-95 and Front Street. This elevated rail often has mechanical issues resulting in delays, leaving passengers on high, windy, cold platforms where they can be injured from icy platforms and stairs. The gap between the train and the platform can also cause problems.
Broad Street Line Injuries
The Broad Street Line or subway line runs underground and has stations below street level. These areas can often become wet, especially during downpours. This water can freeze and cause serious dangers for riders. The line itself also has potential crime issues, with assault and sexual assaults reported in the past.
Trolley Accidents
SEPTA’s trolley lines are some of the most likely to be involved in accidents. Trolley drivers cannot swerve or change lanes to avoid dangers like bus drivers can. These vehicles are often hit by drunk or dangerous drivers, resulting in accidents that injure many people.
This might not be SEPTA’s fault, and you would instead sue the other driver.
SEPTA Bus Accidents
SEPTA’s many bus routes across Philly and throughout the suburbs are the most vulnerable to accidents. Unlike trains, whose routes are separated from traffic, buses drive directly through the traffic.
When stopping or pulling over to pick up or drop off passengers, SEPTA drivers are not always as careful as they could be, causing crashes. Their drivers are also on the road for long hours and might become tired or careless with their vehicles over time.
These vehicles are also very large and hard to see out of, potentially leading to crashes from inattention or improper lookout. Improper maintenance is also potentially common due to SEPTA’s budget limitations.
Norristown High Speed Line Accidents
The Norristown High Speed Line/Route 100 is separate from traffic, but construction and line improvements often mean using shuttle service at certain points. In these cases, you are as vulnerable to injury as with bus accidents.
These platforms, like Market-Frankford platforms, are also exposed to the elements.
Regional Rail Accidents
The SEPTA regional rail lines share tracks with Amtrak. In the past few years, many dangers with tracks and derailments have occurred, potentially calling into question the safety of these rails.
These are also the largest and heaviest trains SEPTA has, potentially causing instant death to anyone who is hit by a train after a fall onto the tracks.
Like with the L, these platforms are also exposed to the elements, leading to slip and falls in the winter months. Because the actual boarding location varies from station to station, riders may have to climb up stairs and use handholds, potentially causing injuries and accidents for older or disabled riders.
Damages Available in Lawsuits Against SEPTA
As mentioned, lawsuits against government entities are often limited. This means a total cap on damages of $500,000.
Additionally, you are limited to claiming the following types of damages:
- Past/future lost earnings/wages
- Pain and suffering before death for wrongful death claims
- Pain and suffering from permanent loss/disfigurement for injury claims
- Medical/dental expenses, including ambulance costs, hospital bills, rehab, nursing care, and more
- Loss of consortium – money paid to your spouse for your injuries
- Lost support
- Property damage (e.g., a broken laptop or cell phone you were carrying)
Pain and suffering damages are also available in wrongful death cases and for permanent injury/disfigurement.
Call Our Philly Attorneys for SEPTA Injuries Today
If you were hurt, call our attorneys for SEPTA injuries at Kenny Burns & McGill by dialing (215) 423-5500.
