What do I have to prove if I’m hurt as a passenger on a MARTA bus?
A passenger hurt on a MARTA bus must prove ordinary negligence, but the claim carries two extra layers: MARTA is a public transit authority protected by sovereign immunity, and a pre-suit notice requirement must be satisfied before any lawsuit. Getting the substance and the procedure right both matter.
Proving negligence by a common carrier ¶
The core of the claim is familiar negligence: that the operator or the authority failed to use due care, and that the failure caused the passenger’s injuries. A bus carrying passengers for hire is treated as a common carrier and, under O.C.G.A. § 46-9-132, owes a heightened duty to exercise extraordinary diligence for the safety of those it transports, a standard more demanding than the ordinary care expected of an everyday driver. A passenger typically must show conduct such as unsafe operation, a sudden or unnecessary stop, failure to obey traffic rules, or inattentive driving, and must connect that conduct to the harm suffered. Damages may include medical costs, lost income, and pain and suffering.
The government-entity hurdles ¶
Because MARTA is a public authority, additional requirements apply that do not exist in a claim against a private driver:
- Sovereign immunity protects the authority except to the extent it has been waived, so the claim must fit within the available waiver.
- A written ante litem notice must be presented within six months of the injury under O.C.G.A. § 36-33-5, describing the time, place, and nature of the injury and the negligence claimed. Georgia courts demand strict compliance, and missing the six-month window can bar the claim entirely even though the ordinary two-year filing deadline has not run.
This compressed six-month deadline is the trap most likely to defeat an otherwise valid MARTA claim, because it expires long before the standard limitation period and a notice that is late or incomplete ends the case regardless of its merits.
The bottom line ¶
A MARTA bus passenger must prove that the authority or its operator breached the extraordinary-diligence duty owed to passengers and caused the injury, while also clearing the government-entity hurdles of sovereign immunity and the six-month ante litem notice. Both the negligence proof and the early procedural notice must be handled correctly for the claim to move forward.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.