Here in the South, we dread winter weather. In some cases it can bring all of the Atlanta area to a grinding halt. Sometimes, that can be a wise thing.
Taking a Public Bus Does Not Guarantee a Safe Trip
A Fulton County Pharmacist chose to ride a bus owned and operated by Metropolitan Area Regional Transit Authority (MARTA) during a very dangerous winter storm. When the roads are treacherous, taking public transportation seems prudent and he felt safe doing so.
Unfortunately, the MARTA Bus upon which he was a passenger slid out of control on an icy road and struck a curb, hurling the man against the inside of the bus. He suffered a fractured upper arm that required surgery. The impact also aggravated a preexisting knee injury which then required surgery. The man’s injuries resulted in 14 percent permanent and partial disability.
A Bus Accident Lawsuit Against MARTA
When the plaintiff filed suit in the Superior Court of Fulton County, he claimed he had suffered $ 32,000 in medical costs as a result of the bus skidding out of control on an ice-covered intersection that was part of a route that had been changed by MARTA immediately prior to the accident.
Plaintiff alleged that defendant was negligent in failing to: (1) inspect the newly assigned route, which would have disclosed thick ice covering the intersection; (2) delay the bus until the road was sanded; and (3) warn its driver to use extreme caution due to the icy conditions. Plaintiff further alleged that defendant’s driver was driving too fast for conditions and was improperly trained.
The defendant argued adamantly that the accident was unavoidable and denied that the driver was driving too fast or was insufficiently trained. They further maintained that the plaintiff knew the weather conditions were bad, but had placed himself in peril of his own free will.
The jury deliberated only 35 minutes before awarding $250,000 to the plaintiff.
Obviously this Fulton County jury believed that when public transportation offers a service in spite of dangerous circumstances, they accept the liability for accidental injuries to their passengers.
If you have been harmed in or on a public property, you may be able to recover your medical costs and more. If your life has been impacted by the negligent actions of others, your rights may have been violated. You owe it to yourself to look into your potential legal remedies.
The legal professionals at The Millar Law Firm stand ready to review the circumstances of your injuries and evaluate your case. It just takes a phone call or an email to our office to learn whether or not the facts of your case may enable you to recover some of what has been taken from you. Call us today.
LEGAL DISCLAIMER: The above article is a factually-accurate case history of an actual previously litigated or settled Georgia case. The case was reported on in local media and/or legal reporting services and it was not handled by The Millar Law Firm. However, we think our current and prospective clients may find this information interesting and informative as the case is factually similar to cases our office routinely handles. Please be advised that The Millar Law Firm makes no guarantees your case will have a similar outcome, as past results and results of our firm or of other lawyers and law firms are not indicative of future performance.