MARTA and Public Transit Accidents in Georgia: Your Rights

If you are injured on a MARTA bus or train, at a station or on another Georgia transit system, the transit operator may be responsible, and the law holds it to a high standard. Georgia requires carriers of passengers to use extraordinary diligence to protect riders. But claims against public transit systems can also involve immunity questions and advance written notice rules, so it is important to act within months, not years.

MARTA buses and trains carry riders across metro Atlanta every day. While transit is generally safe, accidents do happen: sudden stops, collisions, falls on crowded platforms, broken escalators and, sometimes, assaults. This guide explains who may be liable, what deadlines to watch, and how to protect your claim.

Key Takeaways

• Georgia law requires a carrier of passengers to exercise extraordinary diligence to protect riders (O.C.G.A. § 46-9-132), and the Supreme Court of Georgia has applied that duty to MARTA.
• A carrier is not an insurer of every rider’s safety, and liability for assaults generally depends on whether the carrier knew or had reason to anticipate the danger.
• Claims against public bodies can require written notice long before Georgia’s two-year filing deadline. Treat six months as your target.
• Other drivers, contractors, manufacturers and nearby property owners may also share responsibility.
• Get medical care, request an incident report and preserve proof that you were a rider.

Common Types of Transit Injuries

• Bus collisions: sideswipes, rear-end crashes and intersection wrecks caused by driver error, another motorist or a mechanical problem.
• Train incidents: collisions or equipment failures, which are rare but can be serious.
• Sudden stops and falls: riders thrown off balance on a moving bus or train, or struck by closing doors.
• Platform and station hazards: slip-and-fall injuries on wet floors, broken escalators or elevators, and poor lighting.
• Assaults: injuries caused by another person on a vehicle or in a station.
• Pedestrians and cyclists: people outside the bus who are struck at a stop, crosswalk or intersection. See our pedestrian accident page.

The Duty Transit Carriers Owe Riders

Under O.C.G.A. § 46-9-132, a carrier of passengers must use extraordinary diligence to protect the lives and persons of its passengers. Georgia defines extraordinary diligence as the extreme care and caution that very prudent and thoughtful people use. In MARTA v. Rouse (2005), the Supreme Court of Georgia applied this standard to MARTA, while also noting that a carrier is not an insurer of its passengers’ safety against every possible danger.

That high duty covers how buses and trains are driven, maintained and boarded. For assaults by third parties, a carrier generally is responsible only when it knew or had reason to anticipate the threatened harm and failed to take proper precautions. Whether a claim based on station conditions is judged by the carrier standard or by general premises liability rules can depend on the facts.

Who May Be Liable?

1. The transit operator. MARTA or another transit system is responsible for driver training, vehicle maintenance, station upkeep and reasonable security.
2. Another driver. If a car or truck caused a bus crash, that driver and his or her insurer may be responsible. If that driver was uninsured, your own uninsured motorist coverage may help, subject to your policy’s terms.
3. Contractors. Companies hired to maintain escalators, clean stations or repair equipment may share fault if their work led to the injury.
4. Manufacturers. Defective brakes, doors or other equipment can support a product liability claim.
5. Nearby property owners. Private owners of parking lots or walkways next to a station may be responsible for hazards on their property.

Immunity, Notice and Filing Deadlines

Public transit systems are government-created entities, and claims against public bodies in Georgia can involve sovereign immunity and advance written notice, called ante litem notice. The rules differ depending on who runs the system:

• City bodies generally require written notice within 6 months (O.C.G.A. § 36-33-5).
• Counties, including county-run bus systems, require claims to be presented within 12 months (O.C.G.A. § 36-11-1).
• The State requires written notice within 12 months under the Georgia Tort Claims Act (O.C.G.A. § 50-21-26).

MARTA is a public transit authority, not a city, county or state agency, and the notice rules that apply to authorities are not always clear. Because a missed notice can end an otherwise valid claim, the safest approach is to have a lawyer send written notice well within six months of the injury. Separately, most injury lawsuits must be filed within two years (O.C.G.A. § 9-3-33). Our guide to Georgia personal injury deadlines explains these rules.

Steps to Take After a Transit Accident

1. Get medical care right away, and follow up. Records made close to the incident are important for your health and your claim.
2. Report the incident to the operator, station staff or transit police, and ask for a copy of the report or its number.
3. Document everything: photos of the vehicle, the hazard, the area and your injuries. Note the bus route and number or train car, the station and the time.
4. Collect witness information from other riders and bystanders.
5. Keep proof you were a rider, such as your fare card, app receipt or ticket.
6. Ask that video be preserved. Buses, trains and stations often have cameras, and footage may be recorded over.
7. Be careful with recorded statements until you understand your rights.

Compensation You May Recover

• Medical expenses: emergency care, hospital stays, surgery and rehabilitation.
• Lost wages: income lost while recovering and reduced earning capacity.
• Pain and suffering: physical pain, emotional distress and loss of enjoyment of life.
• Property damage: repair or replacement of personal items damaged in the incident.

Frequently Asked Questions

Can I Sue MARTA If I Was Hurt on a Bus or Train?

Often, yes. Georgia requires carriers of passengers, including MARTA, to use extraordinary diligence to protect riders. But claims against public bodies can involve immunity and notice requirements, so get advice early and send written notice promptly.

How Long Do I Have to Give Notice of a Claim?

It depends on who operates the system. City bodies generally require notice within 6 months and counties and the State within 12 months. Because the rules for transit authorities are not always clear, plan to send notice within six months.

Is MARTA Responsible If I Was Assaulted on a Train?

It may be, but not automatically. A carrier is generally liable for an assault by another person when it knew or had reason to anticipate the danger and failed to take reasonable precautions. Evidence such as prior incidents and video is often key.

What If Another Driver Hit the Bus I Was Riding?

You may have a claim against that driver and his or her insurer, and possibly against the transit operator if its driver also contributed. If the at-fault driver was uninsured, your own UM coverage may help.

If you were hurt on MARTA or another public transit system, The Gunn Law Group can explain your options in a free, no-obligation consultation. There is no attorney fee unless we win, and hablamos español. Call 888-BIG-GUNN (888-244-4866).