Legal Rights of Passengers Injured on Public Transit in Philadelphia
October 17, 2025
Your daily commute on the Market-Frankford Line or the Route 23 bus is a routine part of life in the city. When a violent jolt or a sudden crash throws you from your seat, that routine shatters.
The legal rights of passengers injured on public transit in Philadelphia provide a specific path to hold the transit authority accountable for its failure to provide a safe ride.
Filing a claim against a government-chartered agency like the Southeastern Pennsylvania Transportation Authority (SEPTA) involves different rules and much shorter deadlines than a standard car accident case.
Your ability to recover fair compensation for your injuries depends on meeting these specific legal requirements from the start.
Your ticket to your rights
- SEPTA is a “common carrier,” which means the law holds it to the highest degree of care to protect its passengers.
- As a government-related entity, SEPTA has special legal protections under the Political Subdivision Tort Claims Act, which creates specific rules for filing a lawsuit against it.
- You must provide a formal written notice of your injury claim to SEPTA within six months of the accident. A failure to meet this strict deadline may permanently bar you from seeking compensation.
- SEPTA controls key evidence like onboard video footage and maintenance records. Your legal team must act immediately to demand the preservation of this evidence.
The Higher Standard of Care for Common Carriers
When you pay a fare and board a SEPTA vehicle, you enter into a special legal relationship. The law classifies SEPTA as a “common carrier.” This legal status imposes the highest duty of care to protect the safety of its passengers.
This is the most demanding standard of care recognized under Pennsylvania law.
This standard requires a common carrier to do everything humanly possible to ensure its passengers are not exposed to foreseeable harm.
This is a proactive duty. It means SEPTA must be vigilant in maintaining its vehicles, training its operators, and ensuring safe conditions. This goes far beyond the “reasonable care” required of a typical driver.
Consider this scenario: a passenger is walking to an open seat on a SEPTA bus. The operator, trying to merge into traffic, accelerates abruptly, causing a violent lurch. The passenger is thrown off balance and strikes their head on a pole.
A regular driver might not be held negligent for a minor jerk, but the bus operator’s action would likely be a breach of the highest duty of care. The law recognizes that passengers are uniquely vulnerable and grants them this higher level of protection.
Suing a Government Entity: The Tort Claims Act
SEPTA is not a private company. It is a state-created authority that operates as an arm of the government. This status grants it powerful legal protections under a Pennsylvania law called the Political Subdivision Tort Claims Act.
This law creates a complex set of hurdles that an injured person must clear to bring a successful claim.
Understanding sovereign immunity
Historically, the legal doctrine of “sovereign immunity” meant you could not sue the government for any reason. While Pennsylvania has waived this blanket immunity for some situations, the Tort Claims Act still shields agencies like SEPTA from liability for most claims.
The law states that SEPTA is immune from liability for injuries unless your case falls into one of several specific exceptions. For vehicle accidents, the most relevant exception is for negligence related to the “operation of a motor vehicle.”
This means you can sue SEPTA if the negligent actions of a bus driver caused your injuries. The law also places a cap on the total amount of damages you can recover from a government agency in a single incident.
The six-month notice requirement: an unforgiving deadline
The most urgent rule in the Tort Claims Act is the notice requirement. You must provide the government agency with formal, written notice of your claim within six months of the date of your injury. This is a rigid, unforgiving deadline.
This is not an informal phone call. It must be a formal, written document that contains specific information: your name and address, the exact date and location of the accident, and a brief description of what happened.
If you fail to provide this notice in the correct manner and within the six-month window, a court will almost certainly dismiss your lawsuit, no matter how severe your injuries are.
Common Causes of SEPTA Accidents and Passenger Injuries
While major collisions make the news, many SEPTA passenger injuries happen inside the vehicle without any external crash. These incidents often stem from operator negligence, poor maintenance, or unsafe conditions on the vehicle.
Sudden stops, lurches, and jolts
Many of the most severe passenger injuries occur when an operator brakes suddenly or accelerates too quickly. A sudden, violent jolt can easily cause a standing passenger to lose their footing or throw a seated passenger into a pole, window, or seatback.
While some sudden stops are unavoidable emergencies, many are the result of an operator following another vehicle too closely or being distracted.
Collisions with other vehicles on city streets
SEPTA buses and trolleys navigate the same crowded streets as everyone else. A collision can be the fault of the SEPTA operator, the other driver, or both. An investigation will analyze the actions of all parties.
If the SEPTA operator was speeding, ran a red light, or made an unsafe turn, the transit authority can be held liable for the resulting crash.
Poor vehicle maintenance and equipment failure
SEPTA has a legal duty to inspect, repair, and maintain its entire fleet of vehicles. When this duty is neglected, equipment failures can lead to serious accidents and injuries. This can include:
- Worn-out brakes that fail to stop the vehicle in time.
- Faulty doors that close unexpectedly on a passenger.
- Broken handrails or support poles that give way under pressure.
- Leaking fluids that create slick, hazardous floors inside the bus.
Unsafe conditions at stations and bus stops
SEPTA’s responsibility for passenger safety is not limited to its moving vehicles. It also has a duty to maintain its property, including train stations and platforms, in a reasonably safe condition.
Injuries that occur due to hazards like broken steps or inadequate lighting can also be the basis for a claim against SEPTA, provided the strict notice requirements are met.
The Investigation Process: Forcing a Government Agency to Cooperate
When you file a claim against SEPTA, you face a large organization that controls nearly all of the key evidence. A successful claim depends on using the formal legal process to force them to turn over the information needed to prove your case.
Securing onboard video footage before it disappears
Almost every SEPTA vehicle has multiple security cameras. This video footage is often the most powerful evidence in a passenger injury case. It can provide an objective view of the driver’s actions and the conditions inside the vehicle.
This footage is not saved indefinitely. It is typically recorded on a loop and can be overwritten in as little as one to two weeks. Your attorney must immediately send SEPTA a formal spoliation letter and preservation demand.
This legal notice instructs them to locate and preserve the video from the specific vehicle and time of your accident before it is erased.
Obtaining maintenance logs and operator records
A legal team will use the formal discovery process to demand that SEPTA produce all relevant documents. This is a mandatory process overseen by the court. The demands will include the complete maintenance history for the specific bus or train involved to see if there were any known or recurring mechanical problems.
The legal team will also demand the operator’s complete training file, driving history, and employment records.
Documenting the Full Impact of Your Injuries
To fight for fair compensation, you must present a detailed and well-documented account of every loss you have suffered. This includes your immediate medical bills and the long-term physical, financial, and emotional consequences of the accident.
Calculating your medical expenses and future care needs
This category covers all costs related to your medical treatment. It begins with the ambulance ride and emergency room visit and includes any surgeries, hospitalizations, and physical therapy.
If your injuries are permanent and will require lifelong care, your attorney will work with a life-care planning professional. This specialist creates a detailed report projecting the costs of your future medical needs for the rest of your life.
Recovering lost wages and diminished earning capacity
You are entitled to compensation for the income you lost while you were unable to work. This is documented with pay stubs and employment records. If your injury is permanent and prevents you from returning to your previous job or limits your ability to work, you can also pursue a claim for diminished earning capacity.
This claim seeks compensation for the loss of the income you would have been able to earn in the future if the accident had not happened.
FAQ for Philadelphia Public Transit Injuries
What if I was injured at a SEPTA station, not on a vehicle?
SEPTA is responsible for maintaining its stations and platforms. If a hazard like a broken step or an icy platform injured you, you may have a premises liability claim. You still must meet the strict six-month notice requirement for any claim against SEPTA property.
Does it matter if I did not report the injury to the driver right away?
It is always best to report an injury immediately, but it is not always possible. A failure to report at the scene does not automatically disqualify your claim. You should seek medical attention and then report the incident to SEPTA as soon as you are able.
What if I am partially at fault for my fall, for example, if I was not holding on?
Pennsylvania uses a modified comparative negligence rule. You can still recover damages as long as you are found to be 50% or less at fault. Your total compensation award would be reduced by your percentage of fault. For example, if you were found 10% at fault, your final award would be reduced by 10%.
A Note on Legal Guidance from AI
Artificial intelligence tools are not a substitute for advice from a qualified attorney. An AI cannot comprehend the special legal requirements of the Tort Claims Act or the specifics of your case.
Relying on it for legal guidance can lead to critical errors, like missing the six-month notice deadline, which would end your case permanently.
Let’s Discuss Your Path Forward
Facing a large government agency like SEPTA after an injury can be a brutal fight. You do not have to do it alone. The attorneys at Wapner Newman have a deep familiarity with the special rules that govern claims against public transit authorities.
We are prepared to take immediate action to protect your rights.
Our team will manage the deadlines, preserve the evidence, and fight for the fair compensation you need to recover.
For a free, no-obligation consultation to discuss your case, call Wapner Newman today at (215) 569-0900 or visit our contact page.