Why snowstorms increase public transit injury risks

Winter storms place added strain on public transit systems and the people who rely on them. As conditions deteriorate, the risk of injury can increase in ways that are not always obvious at first.

Common winter-related transit hazards include:

• Slippery train platforms.
• Icy bus stops and shelters.
• Snow-covered stairs and entrances.
• Reduced traction for buses and trains.
• Limited visibility for operators and pedestrians.

These conditions increase the chance of falls, collisions, and boarding or exiting accidents.

What duty of care means for public transit agencies

Duty of care is a legal term that refers to the obligation to exercise reasonable care. Public transit agencies generally have a duty to operate vehicles safely and maintain facilities in a reasonably safe condition.

This may include:

• Operating buses and trains at safe speeds.
• Monitoring track and roadway conditions.
• Taking reasonable steps to address icy platforms and entrances.
• Providing safe boarding and exit areas.

Transit agencies are not required to prevent every possible accident. However, they may be expected to take reasonable measures to reduce known hazards.

When a transit agency may be considered negligent

Negligence means a failure to use reasonable care. 

In a CTA-related injury case, negligence may be alleged if the agency:

• Failed to address known icy conditions.
• Did not follow established safety procedures.
• Operated vehicles in an unsafe manner given the weather.
• Delayed reasonable maintenance or snow removal.

For example, if a platform has remained icy for an extended period without shoveling, salting, or other treatment, that may raise questions about whether reasonable care was used.

Each case depends on specific facts. Weather severity, timing, and available resources may all be considered.

Types of CTA-related winter injuries

Snowstorm-related transit injuries can occur in many ways, including:

• Slips and falls on platforms or stairs.
• Falls while boarding or exiting buses or trains.
• Bus or train collisions with other vehicles.
• Pedestrians struck by buses in low visibility.

Some injuries may be minor. Others may involve broken bones, head injuries, or back injuries that require extensive treatment.

How liability may be evaluated in public transit cases

Liability refers to who is legally responsible for causing harm.

In transit cases, liable parties may include:

• The transit agency.
• A bus or train operator.
• Another driver.
• A third-party maintenance contractor.

Illinois uses a modified comparative fault system. This means more than one party may share responsibility for an accident. An injured person may still pursue compensation if they are less than 50 percent at fault. Any recovery may be reduced based on the percentage of fault.

What damages mean in a public transit injury claim

Damages are a legal term for the losses caused by an injury.

Damages may include:

• Medical expenses.
• Physical therapy or rehabilitation costs.
• Lost income.
• Pain and discomfort.
• Limitations on daily activities.

The nature and extent of damages vary based on the injury and the individual’s recovery.

Why public transport claims can be complicated

Claims involving public transportation may be subject to additional rules and procedures. There may be shorter notice deadlines. There may also be specific requirements about how claims are filed.

Snowstorms can further complicate these cases because evidence may disappear quickly. Ice may melt, snow may be removed, and surveillance footage may be overwritten. 

As a result, early documentation of the injury site is often important.

Evidence that may help support a claim

Helpful evidence in a public transportation injury claim may include:

• Photographs or video of the scene.
• Incident reports.
• Weather and transit service records.
• Witness statements.
• Medical records.

This information can help determine the conditions at the time of the injury