Injuries Caused by the MBTA
Know Your Rights to Get the Best Recovery Possible
The Massachusetts Bay Transportation Authority ("MBTA") operates buses, the Commuter Rail, the T, the Ride, and even ferry routes. Accidents involving the MBTA are common and can result in serious injuries or even wrongful death.
Claims against the MBTA can occur when an MBTA bus hits another car, a subway car fails to stop in time and strikes another car, or even when a bus stops unexpectedly and causes a person to fall on the bus.
Bodily injury claims against the MBTA are covered by G.L. c. 258. These types of claims are generally called claims against a "public employer." Under G.L. c. 258, s. 4, a specific notice letter must go out to the head of the public agency responsible for the injury within two years of the incident. This process is typically called "presentment." Failure to present your claim letter under the statute will result in your claim being denied.
Once presentment is made, the public employer then has six months to accept or deny your claim in writing. In practice, the agency will either outright deny your claim or wait out the six months without responding. After this six month waiting period, you can then file suit against the appropriate public employer.
In addition to the two year presentment requirement, the statute of limitations for claims against the MBTA is three years. If a lawsuit is not brought within three years of the injury, you will likely lose your right to a bodily injury recovery against the MBTA.
Damages against the MBTA are capped at $100,000 under G.L. c. 258, s. 2. However, there is an exception to this cap for claims against the MBTA that result in "serious bodily injury."
Massachusetts comparative fault rules apply to claims against the MBTA.
If you have been injured as the result of an incident with the MBTA, there are several important steps you can take to improve your chances of getting the best recovery possible:
Get the medical treatment you need for your injuries. Your health cannot be replaced. Do not delay. Go to the hospital or your doctor immediately if you are experiencing any injuries from an on-the-job accident.
Preserve all evidence of the incident, including getting witness names and contact information and photographs of your injuries and from the scene of the incident.
Call a lawyer! There are many rules and laws that apply to your claim against the MBTA. Speak to a professional today to make sure you have an expert on your side. Hiring a lawyer to fight for you at no out-of-pocket cost is the smartest move you can make.
With over a decade of experience representing clients injured in accidents with the MBTA, the professionals at the Law Offices of Samuel A. Segal know what it takes to get you the best recovery possible.
The time to file your claim is limited, so reach out to us today for your Free Consultation.
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