Can you sue the EMTA for Injuries after a Bus Accident?
There is a common misconception among the people of Erie that the EMTA (Erie Metropolitan Transit Authority) cannot be sued for personal injuries after bus accidents because the EMTA is a “government entity.” This simply isn’t true. This misconception stems from a fundamental misunderstanding of “sovereign immunity” and Pennsylvania’s exceptions thereto. As will be explained in this article: Yes; you CAN sue the EMTA for injuries after a bus accident! However, there are limitations and requirements that must be met and you should hire an experienced car accident lawyer to help!
The doctrine of sovereign immunity is ancient and generally provides that you cannot sue a sovereign, such as a state or a local government, unless the state specifically waives its immunity. Under 42 Pa.C.S. § 8542, Pennsylvania waives its sovereign immunity for lawsuits arising out of motor vehicle collisions, like bus accidents, subject to a number of other conditions.
One important requirement is set forth under 42 Pa.C.S. § 5522, which generally requires a political subdivision to be put on notice of a lawsuit within six (6) months of the date of the incident. If this deadline is missed, an injured person may not be able to sue a government entity even though the statute of limitations in Pennsylvania for such injuries is normally two (2) years! As such, it’s important to hire a personal injury attorney as soon as possible after an accident!
Another important limitation that causes people to incorrectly think the EMTA cannot be sued is 42 Pa.C.S. § 8553, which places some significant limitations on damages that can be sought in a settlement or from a jury verdict against government entities. For example, one cannot recover for pain and suffering against the EMTA unless there is either a death involved or “in cases of permanent loss of a bodily function, permanent disfigurement or permanent dismemberment where the medical and dental expenses…are in excess of $ 1,500.” Unfortunately, this often precludes settlements when a person suffers “minor” injuries like whiplash. Our attorneys know how to help prove your injuries are permanent.
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Finally, when it comes to significant injuries, 42 Pa.C.S. § 8553 caps damages against government entities like the EMTA at $500,000.00. While this is more than many cases are worth, it places a significant limitation on people who have been killed or disabled as a result of the EMTA’s negligence. Unfortunately, these damage caps only hurt those have been injured the worst.
Our Erie Lawyers can help.
If you have been injured in a bus accident or are looking to make a claim against the EMTA, you should hire an experienced personal injury lawyer immediately to protect your rights and help build a case. Don’t let other lawyers tell you it cannot be done: it’s simply harder to do and requires the appropriate skill set. Our attorneys offer free consultations and only charge a fee if there’s a recovery. Call 814-452-6232 for an appointment today.