Exploring the Notice Requirements in a SEPTA Lawsuit

Categories: SEPTA Accidents

septa lawsuit

As with any government entity, you are required to notify SEPTA of your pending injury lawsuit or SEPTA injury claim. Traditionally, a Pennsylvania resident has up to two years from the date of the incident to file a lawsuit, but this does not apply to government entities.

The Pennsylvania Statute of Limitations does apply to injured passengers on SEPTA buses, subways, and trolleys for the lawsuit, but this does not include the notification requirement. Instead, you are required by law to make a notification of your intent to file a claim against SEPTA in six months of the incident per Pennsylvania Statute 42 Section 5522(a)(1).

What the Statute Requires

As a SEPTA accident victim, you are required to notify the Commonwealth of your injury and intent to file a lawsuit for damages. You must file with the Attorney General’s office your statement in writing and sign that statement stating:

  • Your name and address
  • The date and time of the incident
  • The location where the incident occurred
  • The name, office, and contact information for your treating physician

You have a strict six-month deadline to notify SEPTA of your intent to sue. You still, however, have the two-year period to file your lawsuit. If you do not give notice within the six months, the lawsuit may be dismissed, regardless of whether it is filed within the two-year limitation.

This is a critical factor that many SEPTA accident victims ignore, which is why it is imperative that you consult with an attorney who has experience in these types of cases to ensure that you do not thwart your ability to file a lawsuit.

However, even if you or the attorney misses the deadline, it’s not the end of the world–SEPTA must be able to show that the missing of the deadline prejudiced them in some way, and that is not easy for them to do.

Do You Have a Case?

SEPTA is a government entity; therefore, it is immune from certain types of civil claims. There are exceptions to the rule, however, and if SEPTA is responsible for causing an accident, it is legally required to pay compensation to those who have been injured. You can bring a lawsuit against SEPTA for:

  • Motor vehicle accidents
  • Trolley accidents
  • Slips and falls on SEPTA’s property
  • Potholes or dangerous conditions
  • Highways or sidewalk injuries

When you are injured in a motor vehicle accident with a SEPTA bus or trolley, or you are injured in a SEPTA subway incident, the operator for SEPTA could fall under liability. It is important that your injuries occurred while the bus or SEPTA vehicle was in operation and while moving. Otherwise, you may not qualify for a claim.

Speak with a SEPTA Attorney Now

If you have been injured in an accident with SEPTA, you must consult with an attorney. There are special requirements for filing a lawsuit against SEPTA, and the process is highly complex. Attorney Jeffrey H. Penneys, Esq. can assist you with your claim.

You can reach him today for a free consultation on his cell-phone at 215-771-0430 or in the office at 800-465-8795 (toll-free) or 215-987-3550 (local). You can also reach him through his online contact form and he will contact you directly.