The New Orleans Regional Transit Authority (RTA) is an important system for getting around town, but that does not allow them to dodge responsibility when they cause an accident. Victims of RTA accidents can often hold the RTA accountable.
Our lawyers can help you bring a case against the RTA for damages like medical bills, lost wages, and pain and suffering. However, we have to follow special rules for suing the RTA, as it is part of the government.
For a free case review, contact our RTA accident lawyers in New Orleans by calling Schoenfeld Law Firm at (504) 688-7760.
Can You Sue the RTA in New Orleans?
Sometimes, government bodies and agencies protect themselves from lawsuits. This is not the case with the RTA, and lawsuits are allowed against the RTA for all kinds of injuries.
This means our New Orleans RTA accident lawyers can help you sue the RTA for the same kinds of accidents and injuries you would be able to sue any private transportation company for:
Accidents with RTA Vehicles
Buses and streetcars that cause accidents can lead to lawsuits against the RTA directly in most cases.
Slip and Falls on Vehicles
If there are unsafe conditions on an RTA vehicle or ferry that cause you to slip and fall, we may be able to help you claim damages.
Inaccessible Vehicles
If you have a disability, and the driver and vehicle do not properly accommodate your condition, causing you injury, we may be able to hold the RTA liable.
Accidents at Stops/Stations
Injuries on RTA property from slip and falls, poor lighting, missing handrails, and other dangerous property conditions are also the RTA’s fault in many cases.
Do You Sue the Driver or the RTA?
You usually end up suing the RTA, but the reasoning might vary:
Direct Liability
The RTA is made up of people, and you can only sue the company itself because of the mistakes its people made. When they make mistakes like these that cause accidents, the RTA itself may be liable:
- Improper or negligent maintenance of buses, streetcars, and ferries
- Negligent care and upkeep of stations and properties
- Negligent care and upkeep of vehicle interiors
- Dangerous staffing decisions – i.e., improper hiring or retention
- Negligent security to prevent assault and other attacks.
Vicarious Liability
When someone injures you, you usually sue them directly. However, when they injure you while in the course of performing their job duties, you can usually sue their employer instead.
This means that if you were injured because an RTA driver or operator made a mistake, you do not necessarily sue the driver directly. Instead, you would sue the RTA in its role as employer.
What Evidence Do You Need?
To bring a case against the RTA, you usually need strong evidence in the following categories:
- Your testimony
- Medical records
- Medical bills, other bills, and financial statements about the accident and its effects
- Video footage – often obtained from the RTA for onboard cameras
- Photos of the accident scene
- Other witness testimony
- Expert testimony, when relevant.
Process for Suing the RTA
When you sue the government, there are some special rules to follow. Otherwise, the process of suing is much like it would be for any other injury claim.
Special Rules for Suing Government Agencies
When you sue a government agency, which includes the RTA, there are some special rules to follow:
- The case typically must be filed where it happened – i.e., Orleans Parish.
- Jury trials are not allowed unless the state demands it.
- Damages are capped at $500,000.
- Future medical care damages are paid into a trust to pay the care provider rather than giving the victim the money, and any leftover money goes back to the state.
- Other various procedural requirements have to be met.
Process of a Lawsuit
Lawsuits typically proceed like this:
- You file your initial complaint in court.
- Your lawyer negotiates with the defense for damages.
- If a settlement cannot be reached, the case moves on to trial.
- Initial pretrial stages will involve stipulations and legal questions, resolved by the judge.
- The discovery stage allows both sides to exchange evidence, take depositions, and demand evidence and answers from the other side.
- Once evidence has been exchanged, cases can usually settle.
- If not, the case proceeds to trial.
- Both sides present their cases to the jury.
- The judge/jury decides fault and damages.
Statute of Limitations
In Louisiana, the deadline to file personal injury claims is usually 2 years from the date of the accident. This might be more complicated in certain cases, but they aren’t usually the kinds of cases that come up in RTA lawsuits.
However, this rule is somewhat new. Injuries that happened before July 1, 2024 would have needed to be filed within 1 year of the accident and would likely be time-barred by the time of this writing.
FAQs for Injury Claims Against the RTA in New Orleans
What is the Statute of Limitations?
Victims typically have 2 years to file injury claims for accidents that happened after July 1, 2024.
When Should I Call a Lawyer?
Call a lawyer as soon as you can after an accident. Even though you have 2 years to file, claims against the government may require additional notice.
What Damages Can I Claim?
Victims can often claim damages for medical bills, lost wages, and other economic damages, as well as non-economic damages (e.g., pain and suffering).
What is My Case Worth?
We cannot tell what your specific case is worth without examining the specific details and damages involved. However, claims against the RTA are typically capped at $500,000.
How is Fault Determined?
In any accident case, fault is determined by looking at who committed a mistake or violation that led to the accident. Fault can be divided among multiple parties.
In most cases against the government, the judge decides fault; jury trials are not allowed unless the government requests a jury.
Can You Sue as a Rider?
The RTA is responsible for injuries to its riders, but only if it was responsible for the accident. If you were riding a bus or streetcar when you were hit by another driver, that driver might actually be at fault.
Can Other Drivers, Bikers, and Pedestrians Sue the RTA?
If you were not a rider but were instead hit by an RTA bus or streetcar, you can sue them if the RTA was indeed responsible for the accident.
Are There Caps on Damages Against the RTA?
Damages from government agencies are typically capped at $500,000.
Does the RTA Have Insurance to Cover Accidents?
The RTA typically has insurance to cover injuries to passengers and others outside of their vehicles. If they refuse to pay full damages through an insurance claim, we can sue them instead.
Call Our RTA Accident Lawyers in New Orleans Today
Call (504) 688-7760 for a free case review with Schoenfeld Law Firm New Orleans RTA accident attorneys today.
