The Metropolitan Atlanta Rapid Transit Authority (MARTA) is the main public transportation operator in greater Atlanta. Formed in 1971, MARTA today consists of bus routes and rapid transit, including almost 50 miles of rail track. It is one of the largest rapid transit systems in the entire country.
MARTA accidents regularly make the news. For example, a MARTA train struck and killed someone on the tracks in early June 2024. When a person dies in an accident involving public transportation, their family members should investigate whether they can bring a wrongful death case. Suing a municipality or any of its subdivisions is not as simple as families think, so legal assistance is recommended. Call Stewart Miller Simmons Trial Attorneys to speak with a wrongful death attorney at our firm.
When Can You Sue MARTA?
The key issue is whether the death was wrongful. Sometimes, a victim is to blame. That might be the case with someone who is trespassing on railroad tracks when they get hit. In other cases, fault might not be clear, so a lawyer will investigate.
Many accidents stem from negligence, including:
- A distracted bus driver rams into a vehicle or strikes a pedestrian.
- An intoxicated bus driver gets into a wreck due to impairment.
- A negligent bus driver crashes the bus, and bus passengers perish in the violent accident.
- A careless train operator causes the train to derail by going too fast, killing passengers.
- MARTA allows train rails to degrade, which leads to a fatal accident.
- A passenger slips and falls on a bus or train and suffers a fatal head injury.
These are simple illustrations. There are many other situations where MARTA is to blame for a fatal accident. Whenever MARTA or one of its employees is at fault for an accident, then family members might bring a wrongful death lawsuit.
Suing MARTA is Complicated
Filing a legal claim against the government is a different process than suing a private party. Our wrongful death lawyers understand the hoops you need to jump through to protect your rights.
Deadlines
Under OCGA § 36-33-5, anyone with a claim against a municipal corporation must file a notice of their claim within 6 months of the accident. This is a necessary step; you can’t sue in court until you file the claim.
Your notice will need to lay out the time, place, and injury, as well as the negligence which led to the injury. The courts cannot entertain a lawsuit until the claim is first presented to the governing authority.
The government has 30 days to investigate and determine whether to settle. If not, then you have the right to file a lawsuit in court.
The general statute of limitations for wrongful death is 2 years from the date of death. However, if a loved one died in a fatal accident involving MARTA, then you should reach out to our firm quickly. We can comply with any relevant deadline, including the deadline to submit a claim to the government.
Missing a deadline is devastating for your claim. It’s possible you will receive no compensation for the death of your loved one if you wait too long to request legal assistance.
Fault
We also need to show MARTA was to blame for the fatal accident. That’s not always easy. For example, imagine your loved one dies when the bus they are riding on goes off the road. The bus driver might be to blame—or a different motorist could have forced the bus off the road. You can’t sue MARTA unless the agency or one of its employees is at fault for the death.
We can expect MARTA to deny liability in many cases. They might even blame your loved one. If your family member was 50% or more responsible for their accident, then you will probably not receive any compensation in a wrongful death case.
Evidence
Another issue involves finding sufficient evidence to prove fault. For example, train tracks could fall into disrepair, but MARTA tries to hide that fact or limits your access to take photographs. You should hire an attorney who can request relevant information to use in a claim.
Steps to Take Following a Fatal Accident
Public transportation accidents are often “mass tort” events. Dozens of people could be seriously hurt or killed after a train derails or a bus crashes. These are very confusing times, with dozens of ambulances pulling up and police sirens going off.
You might have survived the accident which killed your loved one, or else you received a phone call or visit at home from law enforcement informing you of the death. What should you do?
We recommend the following steps:
1. If you were hurt in the accident, seek immediate medical care. You might be whisked away to the emergency room.
2. Preserve medical bills if your loved one did not immediately pass at the accident scene. You might receive compensation to cover the cost of their final treatment.
3. Begin researching wrongful death attorneys. You should hire someone with ample experience in this field. Our lawyers have won many wrongful death cases for our clients.
4. Preserve any information that comes your way, like a copy of the police report or coroner’s report. Share them with your lawyer.
5. Schedule a free consultation with an attorney. A lawyer can answer questions but also analyze whether you have a valid claim against MARTA or someone else, like a different driver on the road.
Speak with a Wrongful Death Attorney Without Cost to You!
Losing a close family member is emotionally traumatizing. Many spouses or children withdraw, at least initially, to grieve. We respect your privacy. However, given the tight deadlines, we must encourage everyone to pick up the phone and call an attorney.You can reach Stewart Miller Simmons Trial Attorneys today by calling (404) 529-3476 or submitting information through the internet. We can meet to discuss the fatal accident and what you know. We can also get a claim filed before any deadline to preserve your right to seek compensation.