SEPTA Accident Lawyer in Upper Darby: Claims Against SEPTA Under Pennsylvania's Immunity Rules

Can you sue SEPTA for an injury?

Yes, but only for certain kinds of claims, only up to a damages cap, and usually only if written notice is filed within 6 months of the injury. SEPTA is a public transit authority, and Pennsylvania law says it keeps sovereign immunity except as the General Assembly has waived it in 42 Pa.C.S. §§ 8501 through 8528 (74 Pa.C.S. § 1711(c)(3)).

In practice, that means SEPTA claims are treated like claims against the Commonwealth. A negligence claim is allowed only if it fits one of the exceptions the legislature listed, and even a strong claim is limited by a statutory cap. Missing the notice deadline can end an otherwise valid case. If you were hurt on or by a SEPTA vehicle, or on SEPTA property, talk to a lawyer now rather than after the insurance calls stop.

The 6-month written notice requirement

Before suing a government unit for an injury, Pennsylvania law requires a written statement filed within 6 months from the date of the injury (42 Pa.C.S. § 5522). If the defendant is a Commonwealth agency, the statement must also be filed with the Office of Attorney General, and a careful lawyer will consider filing with both. The notice must be signed and must set out:

• The name and residence address of the person whose claim it is.
• The name and residence address of the person injured.
• The date and hour of the accident.
• The approximate location where the accident occurred.
• The name and residence or office address of any attending physician.

What happens if the notice is late

If the notice is not filed and the suit is brought more than 6 months after the injury, the statute says the case shall be dismissed, though a court must excuse the failure on a showing of reasonable excuse. Relying on an excuse is a gamble. The safer course is to have a lawyer prepare and file the notice well before the deadline, and then pursue the claim within the general 2-year limit for personal injury suits (42 Pa.C.S. § 5524).

Which SEPTA claims are allowed

The exceptions to sovereign immunity are listed in 42 Pa.C.S. § 8522(b). Two come up again and again in SEPTA injury claims:

• Vehicle liability: the operation of a motor vehicle in the possession or control of a Commonwealth party. For this exception, "motor vehicle" means any self-propelled vehicle, expressly including vehicles operated by rail. That covers buses, trolleys and trains.
• Real estate: a dangerous condition of the agency's real estate and sidewalks. This can apply to a fall caused by a defect on SEPTA-owned property, such as a station platform or stairway.

The damages cap on SEPTA claims

Damages against a Commonwealth party arising from the same occurrence may not exceed $250,000 for any one plaintiff or $1,000,000 in total for everyone hurt in that occurrence (42 Pa.C.S. § 8528(b)). The statute also limits the categories of damages to past and future lost earnings and earning capacity, pain and suffering, medical expenses, loss of consortium and property loss, with an exception for certain pothole claims (42 Pa.C.S. § 8528(c)).

The cap is a limit on SEPTA's share. When another party shares responsibility, such as a private driver who cut off a bus or ran into it, that party's insurance is not limited by SEPTA's cap. Identifying every responsible party matters more in a SEPTA case than in an ordinary crash for that reason.

SEPTA lines and the 69th Street Transportation Center

Upper Darby is home to a major SEPTA hub. The 69th Street Transportation Center, shown on SEPTA Metro maps as 69th St Transit Center, is the end point of the L (the line formerly called the Market-Frankford Line). The M (formerly the Norristown High Speed Line) and the D trolleys (the former Routes 101 and 102, now D1 and D2) also serve it, along with many SEPTA bus routes that fan out across Delaware County and into Philadelphia.

Our office is on West Chester Pike in the same township. If you were hurt at the station, on the platforms, or on a bus or trolley that runs out of it, we are close by for a free, confidential meeting.

Common SEPTA injury situations

SEPTA injuries happen to passengers, drivers of other vehicles, cyclists and pedestrians. Examples include:

• A bus or trolley colliding with a car, a person on foot or a cyclist.
• A passenger thrown by a sudden stop or sharp turn.
• Doors closing on a passenger, or a bus pulling away while someone is boarding or leaving.
• A fall on a station stairway or platform caused by a defect SEPTA should have fixed.

Bus and trolley passengers and limited tort

If you have limited tort on your own car insurance, being injured as a passenger on a bus can matter. Pennsylvania law says a person bound by limited tort keeps full tort rights if injured while an occupant of a motor vehicle other than a private passenger motor vehicle (75 Pa.C.S. § 1705(d)(3)). A person hurt while riding a SEPTA bus may therefore be able to seek pain-and-suffering damages without proving a serious injury. Have a lawyer confirm how the rule applies to your facts.

For bus crashes specifically, including what to do if a SEPTA bus hits your car, see our SEPTA bus accident page.

Evidence in a SEPTA case

SEPTA vehicles and stations have cameras, and operators file incident reports. That video can show exactly what happened, but it is not kept forever. A lawyer can send a written preservation demand quickly and pursue the records through the claim process or in litigation.

Report the incident to the operator or station staff, get medical care, photograph where it happened, and write down the vehicle or route number, the time and the names of any witnesses. Keep your fare card or ticket, which can help show you were a passenger.

How we charge for SEPTA cases

Your Legal Warrior works on a 100% contingency fee. There is no attorney fee unless we recover for you. The firm advances all case costs, those costs are repaid only from a recovery, and if there is no recovery you owe nothing. Because of the 6-month notice rule, do not wait. Call (267) 412-4601, answered 24 hours a day, 7 days a week, or send the free case review form.