JENKINTOWN PERSONAL INJURY ATTORNEYS

A recent Philadelphia Court lawsuit has been filed against SEPTA alleging the SEPTA bus driver contributed to the happening of an accident where the bus had stopped to allow its passenger to exit and immediately upon exiting the bus, the passenger was struck by a passing motorist. Obviously, the issue in the case is whether the SEPTA bus driver was negligent in the operation of the SEPTA bus and if he was negligent, were his actions compensable under Pennsylvania Law.

According to reports, the bus driver droppped passengers off in the middle of the street rather than pulling into the bus lane. As a result, when the passenger stopped off the bus, he was hit by a car trying to pass the bus on the right side. The passenger claims severe injuries.

As an experienced lawyer handling injury claims against SEPTA, I believe the SEPTA bus driver has some responsibilty for this accident. SEPTA is considered a common carrier and thus has the highest duty of care under the law to assure the safety of its passengers. Clearly, had the bus driver pulled into the curb lane, as any careful motorist would have done when dropping off a passenger, the passenger would not have been hit by the passing motorist. So, yes, I think the driver was negligent.

Next, however, is whether the SEPTA driver is immune from liability under the immunity statutes which protects State entities. SEPTA is considered a quasi-state entity and thus enjoys the same immunities as the State of Pennsylvania. Under the immunity laws, SEPTA is immune from suit unless an exception applies. SEPTA is commonly sued under the Vehicle Liability Exception. However, for this exception to apply the vehicle must be in operation. In fact, case law in Pennsylvania specifically states that “getting into or alighting from a vehicle are merely acts ancillary to the actual operation of a vehicle and the term “operation” has been strictly limited and does not include a stationary vehicle from which a passenger is alighting.”

Therefore, while it appears the bus driver may have been negligent in the place he stopped his vehicle, it also appears his negligent acts may not be compensable.