You were injured on a MARTA bus or train. The platform was dangerous. A MARTA vehicle caused an accident. Can you sue Atlanta’s transit authority?
MARTA enjoys sovereign immunity with specific statutory waivers. Understanding the rules helps you pursue claims against the transit system.
MARTA’s Legal Status
The Metropolitan Atlanta Rapid Transit Authority is a public body created by state law to provide transit services in the Atlanta metropolitan area. As a government entity, MARTA possesses sovereign immunity protections similar to other governmental units.
However, the legislature has authorized certain claims against MARTA through statutory waivers of immunity. These waivers allow injured parties to pursue compensation despite MARTA’s governmental status.
MARTA operates buses, heavy rail trains, paratransit services, and mobility programs across Fulton, DeKalb, and Clayton counties. Claims can arise from any of these operations.
The Immunity Waiver Framework
Georgia law waives MARTA’s immunity for actions arising from the negligent operation and maintenance of its transit system. The Georgia Tort Claims Act, found at O.C.G.A. Section 50-21-20 et seq., provides the framework for claims against MARTA.
This waiver allows claims arising from bus and train accidents caused by MARTA operator negligence, dangerous conditions at MARTA stations, platforms, and bus stops, escalator and elevator malfunctions causing injuries, boarding and alighting injuries due to operator error, and vehicle maintenance failures causing accidents.
The waiver doesn’t make MARTA absolutely liable for all injuries occurring on its system. Plaintiffs must still prove that MARTA was negligent, that the negligence caused the injury, and that compensable damages resulted.
Damage Caps Under the Tort Claims Act
Claims against MARTA are subject to the damage caps established by the Georgia Tort Claims Act.
Recovery is limited to $1,000,000 per person and $3,000,000 per occurrence under O.C.G.A. Section 50-21-29. These caps apply regardless of how severe your injuries are or how negligent MARTA was.
These caps significantly affect case value in catastrophic injury claims. A spinal cord injury that would support a multi-million dollar verdict against a private defendant is capped at $1,000,000 against MARTA.
The per-occurrence cap means multiple claimants from a single incident share the $3,000,000 limit. A train derailment injuring dozens of passengers doesn’t provide $1,000,000 to each. All claimants together cannot recover more than the aggregate cap.
Ante-Litem Notice Requirements
Claims against MARTA require ante-litem notice before filing suit. The Georgia Tort Claims Act requires notice within twelve months of the incident giving rise to the claim.
The notice must identify the claimant and their contact information, describe the incident and when and where it occurred, explain the basis for claiming MARTA is liable, describe the injuries or damages suffered, and state the amount of compensation claimed.
Notice should be sent to MARTA’s designated claims representative and may also go to the State of Georgia’s Risk Management Division as specified in the Tort Claims Act.
Missing the twelve-month notice deadline bars claims regardless of merit. This deadline is jurisdictional, meaning courts cannot hear claims when proper notice wasn’t given.
Common MARTA Injury Scenarios
Bus collision claims arise when MARTA buses cause accidents with other vehicles, pedestrians, or cyclists. Bus operator negligence including distracted driving, running red lights, improper lane changes, and failure to yield creates liability.
Passenger fall claims address injuries occurring on buses or trains during operation. Sudden stops or starts causing passengers to fall, failure to allow adequate time for boarding, and moving vehicles before passengers are seated support claims.
Station premises claims include slip and falls on wet platforms, escalator and elevator malfunctions, dangerous gaps between trains and platforms, inadequate lighting, and hazardous conditions from poor maintenance.
Security failure claims address assaults and crimes occurring on MARTA property. While MARTA isn’t an insurer of passenger safety, it owes reasonable security measures. Prior similar incidents at specific locations establish foreseeability creating security duties.
Evidence Preservation Is Critical
MARTA maintains evidence crucial to claims that may be destroyed without prompt preservation action.
Surveillance video from buses, trains, and stations captures many incidents. This video is routinely overwritten within days to weeks. Send written preservation demands immediately after any incident.
Vehicle data recorders on buses and trains capture operational data including speed, braking, and door operations.
Incident reports generated by MARTA employees document what personnel observed and what responses occurred.
Maintenance and inspection records establish equipment conditions and what MARTA knew about any problems.
Dispatch communications may reveal what MARTA personnel knew and when.
Send preservation demands by certified mail to MARTA’s claims department immediately after any incident.
Pursuing Your MARTA Claim
MARTA claims require careful attention to procedural requirements and deadlines.
Seek medical attention promptly and continue necessary treatment. Medical documentation proves your injuries.
Report the incident to MARTA immediately after it occurs. Obtain an incident number and copies of any reports.
Gather witness contact information from anyone who observed what happened.
Photograph conditions if possible, particularly dangerous conditions at stations or vehicle interiors.
Consult with an attorney experienced in government liability claims promptly to ensure proper notice and evidence preservation.
MARTA claims require strict notice compliance and are subject to damage caps. This article provides general information about MARTA claims in Georgia. Given short notice deadlines, consult immediately with a Georgia personal injury attorney after any MARTA injury.