When a person gets hurt in a public transit accident, one of the biggest questions they may ask is, “Can I sue the CTA if I was also partly to blame?”
In Illinois, the answer is: yes, you can sue the CTA if you share fault—but there are limits.
This guide explains how shared fault works, what rules apply in Illinois, and how public entity laws affect your ability to recover compensation.
What Is Shared Fault in Personal Injury Cases?
Shared fault means that more than one person or party may be responsible for an accident. In legal terms, this is called comparative negligence.
If you are injured but also did something that contributed to the accident, like crossing against the signal or not paying attention, your role in the incident is taken into account.
Negligence by the CTA can include many things:
- A driver running a red light
- A bus stopping too quickly without warning
- Failing to repair a broken step on a train platform
- Poor lighting at a station that causes a fall
If you were injured in a situation like this, and can show that the CTA failed in its duty to keep passengers safe, then you may have a strong claim—even if you also made a mistake.
How Does Comparative Negligence Work in Illinois?
Illinois follows a modified comparative negligence rule. Under this rule, you can still recover damages if you are 50% or less at fault. But if you are more than 50% at fault, you cannot recover anything.
For example:
- If you are found 30% at fault, you can still sue. But your compensation will be reduced by 30%.
- If you are 51% at fault or more, you are not allowed to recover damages.
This rule is written in the Illinois statute 735 ILCS 5/2-1116, which you can read here.
Can You Sue CTA If You Share Fault in Illinois?
Yes, you can sue the Chicago Transit Authority (CTA) even if you are partially to blame. The CTA is a government entity, and claims against it are allowed under specific conditions. But they are also protected by certain rules under the Illinois Tort Immunity Act (745 ILCS 10/).
This law provides some protection to government bodies, but does not fully prevent lawsuits. For instance:
- You can sue if the CTA was negligent, such as if a bus driver failed to stop in time.
- You can sue even if you were also careless, like walking into the street without a signal, as long as your fault is not more than 50%.
To learn more about immunity rules, visit the Illinois General Assembly’s site on the Tort Immunity Act.
Learn about Illinois Public Entity Immunity and Shared Fault Lawsuits
When it comes to suing a public agency like the CTA, special rules apply. These are based on the Illinois Tort Immunity Act, which gives government bodies some protection from lawsuits.
But that protection has limits. This means that even though the CTA is a public agency, it can still be held responsible in many injury cases.
What Is the Illinois Tort Immunity Act?
The Illinois Tort Immunity Act is a law that protects government organizations from being sued in certain situations. This includes school districts, city departments, and public transportation services like the CTA.
Under this law:
- Public entities are protected from lawsuits in some cases.
- But they can still be sued if they fail to carry out their responsibilities in a reasonable and safe way.
For instance, a CTA driver who does not stop at a crosswalk or drives recklessly can still be considered negligent. This kind of behavior is not protected by the immunity law.
To read the full law, visit the Illinois General Assembly page on the Tort Immunity Act.
What Happens If You and the CTA Are Both At Fault?
When both parties share fault, the court will decide how much each party is responsible. The CTA might be 70% at fault, and you might be 30% at fault. In this case, you can win damages, but they will be reduced based on your share.
Let’s say:
- You won $100,000 in damages
- You are found 30% at fault
You would receive $70,000—your share after the 30% reduction. This makes it important to gather strong evidence that shows the CTA was mostly at fault.
Can You Win a Case Against the CTA?
Yes. Many people have successfully sued the CTA, even when they shared some fault. Courts in Illinois look closely at the details of the accident, including what actions were taken by both the injured person and the CTA.
Here’s what the court considers:
- Did the CTA or its employees fail to act safely?
- Did the injured person do something careless?
- Who had the greater responsibility for the accident?
This helps the court decide if damages should be awarded—and how much. Anyways to win this case, you should take some Legal Steps After an Accident:
- Get medical help immediately
- Report the incident to the CTA
- Collect any available evidence: photos, videos, witness names
- Do not admit fault at the scene
- Contact a personal injury attorney familiar with CTA and government claims
These steps will help protect your right to sue, especially in shared-fault situations.
Do You Need a Lawyer to Sue the CTA?
While it is possible to file a claim on your own, having a lawyer greatly improves your chances. Lawyers understand how public agency cases work and can help:
- Make sure you follow all filing rules
- Collect strong evidence
- Prove that the CTA’s negligence was greater than your own
- Negotiate a fair settlement
Many personal injury lawyers offer free consultations, and many work on a contingency fee—meaning they only get paid if you win.
If your case is successful, you may receive compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Permanent injury or disability
- Emotional distress
The final amount depends on the facts of the case and the percentage of fault assigned to you.
What Is the Time Limit for Suing the CTA?
The time limit for filing a personal injury lawsuit is known as the statute of limitations. In Illinois, the standard time limit is:
- Two years from the date of the accident for personal injury claims.
However, if you are suing a government agency like the CTA, you also need to follow specific procedures, such as filing a notice of claim. This usually has to be done within one year, depending on the nature of the injury and who the claim is filed against.
To be safe, it’s best to file your claim as early as possible. Waiting too long can result in your case being dismissed, even if the facts are on your side.
Example Cases Involving Shared Fault
To understand how shared fault plays out, let’s look at some example scenarios.
Example 1: Fault Shared with the Pedestrian
- A pedestrian crosses the street without the walk signal.
- A CTA bus turns and hits the pedestrian.
- The court finds the pedestrian 40% at fault and the CTA 60% at fault.
- The pedestrian can still recover money, reduced by their share.
Example 2: Slip and Fall at a CTA Station
- A rider slips on a wet CTA platform.
- The CTA failed to place warning signs, but the rider was rushing and not looking.
- The rider is found 20% at fault.
- Damages are awarded and reduced by 20%.
These cases show that you do not have to be completely faultless to sue the CTA.
Frequently Asked Questions (FAQs)
Q: What if I wasn’t injured badly?
A: You can still sue if you suffered any damages—like lost income, medical bills, or emotional distress. The value of the claim will match the seriousness of your injury.
Q: Can I sue if I didn’t report the accident right away?
A: You should report the accident as soon as possible. Delays can hurt your case, but they don’t always block it completely. A lawyer can help assess your situation.
Q: Is the CTA immune from all lawsuits?
A: No. The CTA has some legal protections, but it can still be sued for negligence or unsafe conditions. You just have to meet specific legal standards and act within the time limit.
Q: Can I still get paid if I was careless?
A: Yes, as long as you were 50% or less at fault. Your compensation will be reduced based on your share of the fault.
Final Thoughts
So, you can sue the CTA even if you share fault—but only if you are not mostly responsible.
Illinois law gives injured people the right to recover damages, as long as the rules are followed and evidence shows the CTA was negligent.
Acting quickly, gathering the right proof, and getting legal help can make all the difference.
If you think you have a claim, speak with a legal expert as soon as possible. You may still have a chance to recover damages even if you made a mistake too.
