Atlanta Personal Injury Lawyer Blog
Understanding Bodily Injury Claims Against MARTA
The Metropolitan Atlanta Rapid Transit Authority (MARTA) operates buses, trains, and other transit services in the Atlanta area. As a government entity under Georgia law, claims for bodily injuries (such as those from accidents on buses, trains, slips at stations, or assaults due to inadequate security) follow special procedures. These differ from standard personal injury claims against private parties, primarily due to sovereign immunity rules that limit lawsuits against government agencies. MARTA owes passengers a high “extraordinary diligence” standard of care, meaning they must exercise extreme caution to prevent foreseeable harm.
You can pursue a claim if your injury resulted from MARTA’s negligence, such as a bus driver’s error, poor maintenance (e.g., faulty escalators or tracks), unsafe conditions at stations, or inadequate security in high-crime areas. However, success requires proving negligence caused your injury, and the process has strict deadlines. Failure to follow them can bar your claim entirely. It’s strongly recommended to consult a personal injury attorney experienced in government claims immediately, as they handle the complexities on a contingency basis (no upfront fees; paid only if you win).
Key Deadlines
- Ante Litem Notice: Under O.C.G.A. § 36-33-5(b), you must notify MARTA (or the City of Atlanta, as MARTA’s governing body) of your intent to sue within 6 months of the injury date. This notice must be in writing and include:
- Date, time, and location of the incident.
- Description of how it occurred and the extent of your injuries.
- The alleged negligence (e.g., driver’s failure to yield or unsafe platform conditions). Send it via certified mail to: Office of the General Counsel, MARTA, 2424 Piedmont Road NE, Atlanta, GA 30324-3330.
- Statute of Limitations for Lawsuit: You have 2 years from the injury date to file a formal lawsuit (O.C.G.A. § 9-3-33). The notice doesn’t start this clock but is a prerequisite.
- Missing the 6-month notice forfeits your right to sue MARTA, even if within 2 years.
Step-by-Step Process to File a Claim
- Seek Immediate Medical Attention:
- Go to a doctor or hospital right away, even if injuries seem minor (e.g., whiplash or soft-tissue damage may worsen). Document everything: diagnoses, treatments, bills, and follow-up care. This proves the injury’s severity and links it to the incident.
- Delaying treatment can weaken your claim, as insurers may argue injuries aren’t accident-related.
- Report the Incident to MARTA:
- Notify the driver, conductor, or station staff immediately. They must file an internal report.
- Call MARTA Customer Service at 404-848-5000 to report and request an incident number. For police involvement (e.g., assaults), contact MARTA Police at 404-848-4910 (non-emergency).
- Gather evidence at the scene: Photos of injuries, the location, vehicle damage, and hazards (e.g., wet floors). Get witness names and contacts. Note any surveillance cameras (buses/trains often have them).
- File the Ante Litem Notice (Within 6 Months):
- Prepare and send the written notice as described above. Include supporting details like police reports or witness statements.
- MARTA will investigate and may offer a settlement. If denied or inadequate, proceed to lawsuit.
- Gather Evidence and Build Your Case:
- Obtain: Police/accident reports, medical records, witness statements, photos, and expert opinions (e.g., on negligence).
- Request MARTA footage or maintenance logs via subpoena (your attorney handles this).
- Calculate damages: Economic (medical bills, lost wages, future care) and non-economic (pain, suffering, emotional distress). Georgia has no cap on most personal injury damages, but comparative negligence applies—if you’re 50%+ at fault, you recover nothing.
- Negotiate or File a Lawsuit:
- MARTA’s insurer may contact you for a quick settlement—don’t accept without advice, as initial offers are often low.
- If no fair resolution, your attorney files suit in Fulton or DeKalb County Superior Court (depending on location).
- Discovery follows: Exchange evidence, depositions. Cases often settle pre-trial, but if not, a jury decides liability and damages.
- Under the Georgia Tort Claims Act (O.C.G.A. § 50-21-20 et seq.), the state (via MARTA) can be sued for employee negligence within employment scope, but caps apply in some cases (e.g., $1 million per person for state tort claims).
- Resolve the Claim:
- Most settle out of court. If litigated, trials can take 1–2 years.
- Possible compensation: Medical costs, lost income (including future earnings), property damage, pain/suffering. Punitive damages are rare but possible for gross negligence.
Potential Challenges and Tips
- Sovereign Immunity: MARTA is protected unless waived (e.g., for vehicle accidents or premises liability). Claims must show “extraordinary diligence” breach.
- Multiple Parties: Liability might involve third parties (e.g., another driver, contractors). Your attorney identifies all.
- Evidence Preservation: Act fast—videos are often overwritten after 30 days.
- No Official Online Form: Unlike some agencies, MARTA doesn’t have a public claim form on itsmarta.com. Use the notice process.
- Hire an Attorney Early: Firms specializing in MARTA cases (e.g., those with prior wins like $300,000 verdicts for bus injuries) improve outcomes. They cover costs upfront and negotiate aggressively.
For personalized advice, contact a Georgia personal injury attorney today. This is general information based on Georgia law; outcomes vary by case details.
Understanding Bodily Injury Claims Against MARTA
The Metropolitan Atlanta Rapid Transit Authority (MARTA) operates buses, trains, and other transit services in the Atlanta area. As a government entity under Georgia law, claims for bodily injuries (such as those from accidents on buses, trains, slips at stations, or assaults due to inadequate security) follow special procedures. These differ from standard personal injury claims against private parties, primarily due to sovereign immunity rules that limit lawsuits against government agencies. MARTA owes passengers a high “extraordinary diligence” standard of care, meaning they must exercise extreme caution to prevent foreseeable harm.
You can pursue a claim if your injury resulted from MARTA’s negligence, such as a bus driver’s error, poor maintenance (e.g., faulty escalators or tracks), unsafe conditions at stations, or inadequate security in high-crime areas. However, success requires proving negligence caused your injury, and the process has strict deadlines. Failure to follow them can bar your claim entirely. It’s strongly recommended to consult a personal injury attorney experienced in government claims immediately, as they handle the complexities on a contingency basis (no upfront fees; paid only if you win).
Key Deadlines
- Ante Litem Notice: Under O.C.G.A. § 36-33-5(b), you must notify MARTA (or the City of Atlanta, as MARTA’s governing body) of your intent to sue within 6 months of the injury date. This notice must be in writing and include:
- Date, time, and location of the incident.
- Description of how it occurred and the extent of your injuries.
- The alleged negligence (e.g., driver’s failure to yield or unsafe platform conditions). Send it via certified mail to: Office of the General Counsel, MARTA, 2424 Piedmont Road NE, Atlanta, GA 30324-3330.
- Statute of Limitations for Lawsuit: You have 2 years from the injury date to file a formal lawsuit (O.C.G.A. § 9-3-33). The notice doesn’t start this clock but is a prerequisite.
- Missing the 6-month notice forfeits your right to sue MARTA, even if within 2 years.
Step-by-Step Process to File a Claim
- Seek Immediate Medical Attention:
- Go to a doctor or hospital right away, even if injuries seem minor (e.g., whiplash or soft-tissue damage may worsen). Document everything: diagnoses, treatments, bills, and follow-up care. This proves the injury’s severity and links it to the incident.
- Delaying treatment can weaken your claim, as insurers may argue injuries aren’t accident-related.
- Report the Incident to MARTA:
- Notify the driver, conductor, or station staff immediately. They must file an internal report.
- Call MARTA Customer Service at 404-848-5000 to report and request an incident number. For police involvement (e.g., assaults), contact MARTA Police at 404-848-4910 (non-emergency).
- Gather evidence at the scene: Photos of injuries, the location, vehicle damage, and hazards (e.g., wet floors). Get witness names and contacts. Note any surveillance cameras (buses/trains often have them).
- File the Ante Litem Notice (Within 6 Months):
- Prepare and send the written notice as described above. Include supporting details like police reports or witness statements.
- MARTA will investigate and may offer a settlement. If denied or inadequate, proceed to lawsuit.
- Gather Evidence and Build Your Case:
- Obtain: Police/accident reports, medical records, witness statements, photos, and expert opinions (e.g., on negligence).
- Request MARTA footage or maintenance logs via subpoena (your attorney handles this).
- Calculate damages: Economic (medical bills, lost wages, future care) and non-economic (pain, suffering, emotional distress). Georgia has no cap on most personal injury damages, but comparative negligence applies—if you’re 50%+ at fault, you recover nothing.
- Negotiate or File a Lawsuit:
- MARTA’s insurer may contact you for a quick settlement—don’t accept without advice, as initial offers are often low.
- If no fair resolution, your attorney files suit in Fulton or DeKalb County Superior Court (depending on location).
- Discovery follows: Exchange evidence, depositions. Cases often settle pre-trial, but if not, a jury decides liability and damages.
- Under the Georgia Tort Claims Act (O.C.G.A. § 50-21-20 et seq.), the state (via MARTA) can be sued for employee negligence within employment scope, but caps apply in some cases (e.g., $1 million per person for state tort claims).
- Resolve the Claim:
- Most settle out of court. If litigated, trials can take 1–2 years.
- Possible compensation: Medical costs, lost income (including future earnings), property damage, pain/suffering. Punitive damages are rare but possible for gross negligence.
Potential Challenges and Tips
- Sovereign Immunity: MARTA is protected unless waived (e.g., for vehicle accidents or premises liability). Claims must show “extraordinary diligence” breach.
- Multiple Parties: Liability might involve third parties (e.g., another driver, contractors). Your attorney identifies all.
- Evidence Preservation: Act fast—videos are often overwritten after 30 days.
- No Official Online Form: Unlike some agencies, MARTA doesn’t have a public claim form on itsmarta.com. Use the notice process.
- Hire an Attorney Early: Firms specializing in MARTA cases (e.g., those with prior wins like $300,000 verdicts for bus injuries) improve outcomes. They cover costs upfront and negotiate aggressively.
For personalized advice, contact an experienced Georgia personal injury attorney today. This is general information provided is based on Georgia law and is not considered legal advice; outcomes vary by case details. If you or a loved one has been injured by a MARTA driver, then contact an experienced lawyer today! The Law Offices of Kevin C. Ford is currently accepting MARTA accident cases and will provide you a free and comprehensive review of your bodily injury claim. Call today to protect your rights!