MBTA Accident Lawyer
The Massachusetts Bay Transportation Authority (MBTA) is the controlling or operating agency for public or mass transportation throughout the state that includes buses, commuter rail, subway, trains and ferries as used by the public.
Over 30 million riders use the MBTA every month, creating jobs while also saving time and expense and reducing auto traffic and emissions that harm our environment.
Locations Where MBTA Accidents Happen
Any kind of transportation can result in an injury as a result of negligence by the driver or operator or because of wrongful conduct by a third party that results in a motor vehicle collision, train derailment or capsizing boat. Other areas where accidents occur include the areas controlled by the MBTA or equipment including:
• Inside bus or train stations
• Railroad crossings
• Bus stops
• Inside train stations
If your accident occurred on property controlled or maintained by the MBTA, you can seek compensation for your injuries. Accidents also can occur from poor security in known high crime areas or lack of safety equipment such as rails, lighting or well-maintained walkways. You can be injured by getting caught in a door, an elevator that crashes, by a slip and fall, falling off a platform, or from being assaulted in a poorly secured area.
Liability of the MBTA
Buses, commuter rail lines, trains and boats that carry passengers are common carriers and held to a higher standard of care than ordinary motorists. As a common carrier, the MBTA and its employees are required to exercise the utmost diligence, care and vigilance while transporting its passengers.
This means that any minor defect or failure to adhere to the applicable laws or regulations can impose full liability on the carrier and entitle anyone who was injured to reasonable compensation.
Factors that Cause MBTA Accidents
Accidents on MBTA subways, trolleys, busses, light rail or trains can occur from any of the following factors:
• Excessive speed
• Unprotected train crossings
• Defective rails
• Defective road design or maintenance
• Failure to maintain equipment
• Driver or operator fatigue or distraction
• Hazardous cargo spills
• Operator inexperience and error
• Sudden movements
• Negligent security
• Runaway trains
• Failure to warn of unsafe conditions
Along with the MBTA, other responsible parties for your injuries include engineering firms, construction companies, design companies and others.
Statute of Limitations
If you were injured while riding on mass transit or in an area controlled by the MBTA, you must bring your injury claim to court within 2 years from the date of your accident. For other injury accidents not involving the MBTA, the statute is 3 years. A statute of limitations dictates how long you have to file your injury claim or you could forever lose your right to recover compensation from the MBTA.
Injuries and Compensation
Injuries from MBTA accidents include traumatic brain injuries, broken limbs, lacerations and contusions, internal organ injuries, disfigurement, burns, spinal cord injuries and death.
You are entitled to damages for your injuries including:
• Medical expenses
• Lost income
• Lost benefits
• Lost earning capacity
• Rehabilitation costs
• Physical therapy expenses
• Pain and suffering
• Loss of consortium by your spouse
The MBTA, train companies, construction and engineering firms that may be responsible for your injuries typically have large insurance policies that can adequately compensate you for your injuries, but you will need legal counsel to fight for your right to reasonable compensation.
Retain Injury Lawyer Deborah Gold-Alexander
Promptly retaining an experienced injury attorney after you have been injured can save you thousands of dollars. Too often, injury claimants try to handle their injury claims alone and seriously jeopardize their claims by not conducting a proper investigation, by making statements to defense insurance agents that undermine their claims and by not recognizing the legal responsibility of other parties in causing your accident.
Attorney Deborah Gold-Alexander has been representing the rights and interests of injured claimants for over 25 years and has successfully handled numerous claims against the MBTA. Contact her today for a free evaluation of your injury claim.