Commuters who must ride the train, subway, or SEPTA buses to work every day face a unique threat when they board their respective uses of the Philadelphia mass transit system. Daily, they are at the mercy of the heavy machine operators and must trust the drivers to get them to and from work safely. Unfortunately, there comes a time when a mass transit accident occurs. Whether it was the fault of the driver, the vehicle, or extenuating circumstances if you or a loved one have been injured in one of these horrendous accidents you deserve justice and compensation for your injuries. The team of attorneys at J. Fine Law has many years of experience handling mass transit accident cases. Call (888) 913-3899, fill out our form, or call 1-800-HURT-123 from the scene for a free consultation of your case.
Experienced Lawyers for Mass Transit Accident Cases
Based in Philadelphia, but serving clients throughout Pennsylvania and New Jersey, gives our law firm unique insight into the dangers commuters face when boarding SEPTA, Amtrak, or other such forms of mass transit. Throughout our 20 years of experience representing clients involved in train, bus, or subway accidents we’ve been able to hold public transportation authorities accountable and recover millions of dollars in settlements. While these cases are not always black & white, our team of lawyers holds the experience, resources, and litigation skills to consistently win in the courtroom or settle out of court. At J. Fine Law we protect the rights of our clients and build the strongest case possible to ensure you’re rewarded for your injuries, lost wages, medical bills, and future costs related to your accident.
Common Causes of Disastrous Mass Transit Accidents
Everyday, over 170,000 workers use public transportation within the city limits of Philadelphia (NBC). While you’d expect the public transportation authority to take all necessary steps to keep you safe, a small mistake, driver negligence, or defective part can result in horrendous consequences for commuters. The attorneys at our Philadelphia personal injury law firm typically handle mass transit accident cases due to:
Driver Error: Whether it is the driver of the vehicle or another commuting car, driver errors are the most common cause of a mass transit accident. From distractions caused by cell phones to sleepiness, or being under the influence of drugs, they must be held accountable.
Mechanical Problem: Owners of these mass transportation companies have a responsibility to ensure their buses and trains are in safe working order and properly maintained at all times.
Weather Conditions: The weather can often play a contributing factor in accidents involving vehicles and mass transportation is no different.
Difference Between Auto & Mass Transit Accidents
Accidents that happen in state-owned vehicles (buses, trains, etc.) are much different than auto accidents in privately owned vehicles. Rather than an insurance company handling your claim, if injured during a mass transit incident, you will need to fill out a claim form through the company. You will have to provide a lot of information including:
- Date and time of the accident
- Location of the accident
- Route or property where the accident happened
- Destination of the train or bus
- Whether the injury happened on the vehicle or the property
- Since you’ll be dealing with a public entity you must follow strict rules and deadlines for completing the claim and moving forward with the process.
Building a Strong Case: Essential Evidence in Mass Transit Negligence Claims
To successfully pursue compensation after a public transportation accident, gathering solid evidence is critical. In our experience, the more comprehensive your documentation, the stronger your case will be—especially when facing large transit authorities like SEPTA or Amtrak.
When possible (and only if it’s safe), collect the following types of evidence at the scene:
- Photographs & Videos: Capture broad shots of the accident scene, close-ups of any vehicle damage, and clear images of your injuries. Document surrounding conditions, such as wet roads, icy sidewalks, poor lighting, or other factors that may have contributed.
- Witness Statements: Speak with fellow passengers or bystanders and ask for their contact information. Independent accounts can help confirm exactly what happened from multiple perspectives.
- Weather & Environment Details: Jot down the weather at the time—rain, snow, heavy wind, etc.—as these can become key factors in determining fault.
- Operator & Vehicle Information: If you suspect the bus or train operator was at fault, try to note their name, badge number, or any identifying details, as well as the specific bus route or train car involved.
- Official Reports: Once the authorities arrive, cooperate fully and request a copy of the official police or incident report when it becomes available.
It’s not enough to simply say the stop was abrupt or your injuries were severe; the court will want to see evidence that shows the driver’s actions were outside the norm—reckless, careless, or in violation of regulations. This can include:
- Testimony from other passengers or pedestrians
- Data from traffic or security cameras
- Expert analysis of vehicle speeds and stopping patterns
Compiling thorough, credible evidence can make the difference between a successful claim and a denied one. Our firm is here to help ensure every detail is accounted for, whether through negotiation or trial.
Understanding the “Jerk and Jolt” Doctrine in Mass Transit Injury Claims
When you’re injured on public transit, you might expect the law to support your claim if the operator acted negligently. But in Pennsylvania, there’s a unique legal hurdle you should know about—the “jerk and jolt” doctrine.
What Is the “Jerk and Jolt” Doctrine?
Public transportation providers like SEPTA, New Jersey Transit, and Amtrak are considered “common carriers.” These companies must exercise extraordinary care to keep their passengers safe, even more so than typical car drivers. That means they are usually held to a higher legal standard if a passenger is injured due to negligence or recklessness.
However, not every sudden start, stop, or bump is considered grounds for a lawsuit. The “jerk and jolt” doctrine generally protects transit companies from liability for injuries caused by the ordinary movements you’d expect on a train, subway, or bus. For example, if a bus hits a pothole or a train makes a routine stop, those are usually considered part of normal operations, even if a passenger is unfortunately hurt.
The Legal “Standard of Care” for Public Transportation Providers
When you board a SEPTA bus or hop on an Amtrak train, you trust that the operator is doing everything possible to keep you safe. Legally, operators like SEPTA, Amtrak, and other public transit providers are considered “common carriers.” This means they aren’t held to the same basic duty of care as an ordinary driver—rather, they’re held to a much higher legal standard.
Common carriers have an obligation to exercise the utmost caution and diligence. Their responsibility goes well beyond obeying traffic laws or general guidelines. If you’re injured while riding on public transit because of even minor negligence—be it inattentive driving, failure to maintain equipment, or reckless operation—the carrier can often be held liable.
Exception: The “Jerk and Jolt” Doctrine
However, the law isn’t absolute. Courts recognize that some sudden movements—like bumps, sways, or stops—are an unavoidable part of riding a train or bus. This is called the “jerk and jolt” doctrine. Minor, everyday motions that are expected during normal operation don’t typically lead to injury claims. But if those movements are unusually violent, unexpected, or caused by clear negligence, your case remains strong.
So, while the law expects mass transit operators to be extra cautious, certain regular motions don’t always amount to legal negligence. Still, when serious injuries happen due to recklessness or failure to meet that high standard, the doors to compensation are open.
When Does an Injury Claim Survive the Doctrine?
To pursue a successful injury claim against a public transportation provider, your attorney will need to show that your injury was caused by something beyond what passengers should normally expect. This might include:
- Evidence the driver made a sudden, extreme maneuver (like emergency braking for no good reason)
- Proof the vehicle was going too fast, or the driver was otherwise negligent
- Testimony from multiple passengers describing an out-of-the-ordinary incident
- Video footage or official accident reports supporting your version of events
In short, you need to illustrate that the movement of the vehicle was so unusual or excessive that it crossed the line from “just another bump” to actionable negligence. Simply stating that a stop was “abrupt” won’t be enough—strong supporting evidence is crucial.
By understanding this doctrine, injury victims and their attorneys can better prepare cases that truly hold mass transit providers accountable when ordinary care has not been met.
What to do after a SEPTA or NJ Transit Accident
The steps taken after an accident on a mass transit bus or train are extremely important to secure any claim in the future. First, you must seek medical attention. You need to have a record of your injuries on file because the transportation agency will follow up with your physician to confirm your claims. Even if the accident is minor and you do not feel any physical injuries, it is in your best interest to follow up with your healthcare provider as soon as possible.
Next, hire a mass injury accident lawyer for your personal injury case. Our firm will go straight to work investigating the scene, examining the evidence, and contacting both your insurance company and the mass transit representative. We will make sure all the paperwork is filled out properly and filed within the set deadlines.
Collecting Evidence at the Scene
If you are in a safe position to do so, gather as much evidence as possible before leaving the accident scene. Use your phone to take photos or videos showing the vehicles, your surroundings, any visible injuries, and the overall condition of the train or bus. These images can later play a vital role in supporting your claim.
However, your health comes first. Never put yourself at risk or delay necessary medical treatment to obtain evidence. If you are unable to document the scene yourself, see if another passenger or witness can help. The goal is to have a clear record of the circumstances, but not at the expense of your well-being.
What Not to Do When Contacted by Mass Transit Representatives
If you’re approached by representatives from SEPTA, NJ Transit, or any other public transportation provider following your accident, it’s important to proceed with caution. Avoid signing any documents, making official statements, or discussing details of your injuries or expenses directly with their personnel. These representatives may offer quick settlements or ask you to agree to terms that do not fully account for your needs—often before you’ve had a chance to fully assess the extent of your injuries and losses.
Instead, direct all communications to your attorney. Your legal team is focused on protecting your rights and ensuring you don’t inadvertently agree to something that could limit your recovery. Let your lawyer handle the conversations and paperwork with the transportation company so you can stay focused on your recovery and rest assured your claim is being managed professionally.
Train, Bus & Subway Transportation Accident Firm
Our mass transit accident firm is available for free and confidential consultations at any of our office locations in Philadelphia, Feasterville PA, or Cherry Hill, NJ. Further, we are always available to speak over the phone at (888) 913-3899. The J. Fine Law team of personal injury attorneys is equipped to handle your case if you’ve been involved in a mass transportation accident. The statute of limitations on these cases is very small; a claim must be filed within 6 months of the accident so there is no time to delay! Contact us immediately to ensure your claim is filed properly and you have rewarded the compensation you deserve for your injuries.
Our law firm specializes in a variety of personal injury cases; if you’ve been hurt in a car accident, trip & fall, or Uber ridesharing collision, call J. Fine Law today at (888) 913-3899, fill out the form on this website, or call 1-800-HURT-123 from the scene. You will speak with one of our lawyers to discuss how our firm can represent you.