The SEPTA (Southeast Pennsylvania Transportation Authority), is a transit system in and around the areas of Philadelphia. Its network consists of buses, subway lines, regional trains, and trollies.
If you live or work in Philadelphia, there is a good chance you have relied on SEPTA for transportation, and you may rely on it every day. However, accidents on SEPTA can and do happen. If you’ve been a victim, you most likely have many questions about what to do next and what your legal options are.
Due to the complexities of the Pennsylvania Tort Claims Act, it is recommended that you consult with a SEPTA accident attorney if you are considering filing a claim against SEPTA. We can help you understand your rights, navigate the legal process, and fight for the compensation you deserve. To learn more about how Philadelphia Injury Lawyers P.C. can help you, call us today or contact us online.
What To Do After A Septa Accident
After the septa accident occurs, the bus driver will hand out a form which you can fill out. This identifies you as a passenger on the bus after the septa accident. The form will come with a duplicate. Keep one for your records and give the other to the bus driver. Without proof you were on the bus during the septa accident, a major setback can occur that will delay the settlement. If the bus driver does not hand out forms, ask for one.
Be sure to get the bus driver’s name and write down a detailed description of them. Include information such as, sex, race, height, weight, and any distinguishing features in case you need to identify them at some point. Record the time, bus number, and route you were on at the time of the septa accident. Do your best to collect the names, phone numbers, and addresses of any witnesses at the scene of the septa accident, along with the names and phone numbers of some of the passengers on the bus.
This is very important if you are injured as a result of a sudden stop. Septa buses have special rules that apply to sudden stops. If you are claiming an injury due to a sudden stop, you have to prove that it was unusual or extraordinary. This is known as the “jerk and jolt” rule. It’s not enough that you were thrown and injured as a result of the stop. Having other passengers on the bus who can also explain the situation in an accurate way that is consistent with your version of the story will help your case a lot when you are presenting it.
Can You Sue SEPTA?
Yes, it is possible to sue the Southeastern Pennsylvania Transportation Authority (SEPTA) if you have been injured due to their negligence. A Philadelphia personal injury lawyer can help. However, there are specific requirements and limitations that apply when filing a claim against a government entity like SEPTA.
In Pennsylvania, SEPTA is protected by sovereign immunity, which limits the circumstances under which it can be sued. However, there are exceptions to this immunity that allow individuals to file claims against SEPTA in certain situations.
When You Can Sue SEPTA
If you were injured in an accident involving a SEPTA vehicle, such as a bus, train, or trolley, you may be able to sue SEPTA for damages. Further, if your injury occurred due to a dangerous condition on SEPTA property, such as a slip and fall accident in a station or on a poorly maintained sidewalk, you may have a valid claim. Other circumstances may allow injured people to sue SEPTA as well.
Due to the complexities involved in suing a government entity like SEPTA, it is recommended that you consult with an experienced personal injury attorney who can help you navigate the legal process and fight for your compensation.
How Do I Claim an Accident With SEPTA?
To claim an accident with SEPTA, you should follow these steps:
Seek Medical Attention
If you have been injured in an accident involving SEPTA, your first priority should be to seek medical attention. It is important to get a professional medical evaluation to document your condition and begin treatment.
Report the Accident
Notify SEPTA of the accident as soon as possible. You can report the incident to a SEPTA employee at the scene. Provide them with details about the accident, including the date, time, location, and a description of what happened.
Gather Evidence
Collect any evidence that may support your claim, such as photographs of the accident scene, contact information for witnesses, and a copy of the police report (if applicable).
File a Written Notice of Claim
To initiate a claim against SEPTA, you must file a written notice of your intent to sue within six months of the date of the accident. This notice must include specific information, such as:
- Your name and address
- The date, time, and location of the accident
- A description of the accident and your injuries
- The names and addresses of any witnesses
Consult With a Personal Injury Attorney
Navigating a claim against a government entity like SEPTA can be complex. It is recommended that you consult with an experienced personal injury attorney who can help you understand your rights, gather evidence to support your claim, and negotiate with SEPTA’s legal team to seek a fair settlement.
File a Lawsuit (If Necessary)
If SEPTA denies your claim or if you are unable to reach a fair settlement, your attorney may advise you to file a lawsuit. Keep in mind that there are strict time limits for filing a lawsuit against SEPTA, so it is important to act promptly to protect your rights. You can read more about the history of SEPTA here.
Remember, there are specific requirements that apply to filing a claim or suing SEPTA. An experienced SEPTA accident attorney can help you navigate these complexities and fight for compensation. Call Philadelphia Injury Lawyers P.C. or fill out our online contact form to get started.
The Pennsylvania Tort Claims Act and SEPTA Claims
The Tort Claims Act is a Pennsylvania state law that governs how claims and lawsuits can be brought against the Southeastern Pennsylvania Transportation Authority (SEPTA). The Pennsylvania Tort Claims Act provides SEPTA with a level of protection known as sovereign immunity, which limits the circumstances under which the transit authority can be sued.
However, the Act also outlines exceptions to this immunity, which allow individuals to file claims against SEPTA in certain situations.
- Sovereign immunity: SEPTA is generally immune from lawsuits, except in cases that fall under the specific exceptions outlined in the Act.
- Exceptions to immunity: The Act lists several exceptions to SEPTA’s sovereign immunity, including vehicle liability; real property, streets, and sidewalks; and more.
- Notice requirements: To file a claim against SEPTA, an individual must provide written notice of their intent to sue within six months of the date of the incident. This notice must include specific information about the accident and the resulting damages.
- Damage caps: The Act sets limits on the amount of damages that can be recovered in a lawsuit against SEPTA. The maximum amount of damages that can be awarded is $250,000 in aggregate for a single accident.
- Time limits: In addition to the six-month notice requirement, there are also time limits for filing a lawsuit against SEPTA. In most cases, a lawsuit must be filed within two years of the date of the incident.
The Philadelphia Tort Claims Act can make it more challenging to pursue a claim against the transit authority compared to claims against private entities. However, if your case falls under one of the exceptions to immunity and you follow the proper procedures for filing a claim, you may be able to recover compensation for your damages.
When Is it Time to Call a Philadelphia SEPTA Lawyer?
If you’ve been involved in an accident with a SEPTA vehicle or on SEPTA property, it’s important to know when it’s time to call a Philadelphia SEPTA lawyer. Here are some situations where it’s advisable to seek legal counsel:
You’ve Suffered Injuries
If you’ve been injured in an accident involving SEPTA, whether as a passenger, pedestrian, or driver of another vehicle, it’s a good idea to consult with a SEPTA lawyer. They can help you understand your rights and guide you through the process of filing a claim.
SEPTA Denies Liability
If SEPTA denies responsibility for the accident or disputes the extent of your injuries, it’s time to call a lawyer. They can help you gather evidence to support your claim and negotiate with SEPTA’s legal team to seek a fair settlement.
The Accident Resulted in Significant Damages
If the accident caused significant property damage, or if your injuries resulted in substantial medical bills, lost wages, or other expenses, it’s important to have a lawyer on your side to help you recover compensation.
You’re Unsure About the Claims Process
Navigating the claims process against a government entity like SEPTA can be complex and confusing. If you’re unsure about your rights, the applicable deadlines, or the documentation required to support your claim, consult with a SEPTA lawyer who can guide you through the process.
SEPTA Offers a Low Settlement
If SEPTA offers you a settlement that seems too low or doesn’t fully account for your damages, it’s time to call a lawyer. They can assess the merits of your case and negotiate with SEPTA to seek a fair settlement that covers your current and future expenses.
You’re Nearing the Deadline to File a Claim
As mentioned earlier, there are strict deadlines for filing a claim against SEPTA. If you’re approaching the six-month notice deadline or the two-year statute of limitations for filing a lawsuit, it’s crucial to call a lawyer as soon as possible to protect your rights.
Remember, consultations with our personal injury lawyers in Philadelphia are free, and we work on a contingency fee basis, so we only get paid if we secure compensation for you. It’s better to err on the side of caution and consult with a Philadelphia SEPTA lawyer early on to protect your rights.
Get a Free Consultation With a SEPTA Lawyer in Philadelphia
If you or a loved one has been injured in an accident involving SEPTA, don’t navigate the complex claims process alone. The experienced SEPTA lawyers at Philadelphia Injury Lawyers P.C. are here to help you understand your rights and fight for compensation.
Our knowledgeable attorneys have a deep understanding of the Pennsylvania Tort Claims Act and can guide you through every step of the legal process, from filing a claim to negotiating for fair compensation.
Don’t wait to get the legal support you need – call us today or contact us online to schedule your free consultation with a dedicated SEPTA lawyer who will stand by your side and fight for justice.
