MBTA Accident Lawsuit 2024 - Obtaining Compensation for MBTA accident
Have you been injured while traveling aboard a public transport owned by the Massachusetts Bay Transportation Authority (MBTA)? For the injuries and related damages you sustained from an MBTA accident, you can file an MBTA accident lawsuit and get compensation for all your losses.
The MBTA is the central or official mass transit system for Greater Boston, Massachusetts. It controls and regulates public transit, including buses, ferries, rail, trains, and subways in this area.
Like any bus company or operator, the MBTA has a duty of care to persons within the transit system to ensure they are using safe modes of transportation. For example, the bus, ferry, and train operators should be trained, and the facilities where passengers wait or use should be free from hazards.
If you or your loved one was injured on a mass transit vehicle, in a station, or a facility owned and operated by the MBTA or the regional authority, hire an MBTA accident attorney to investigate the accident and determine if there is a liability. If you are unsure of your rights, contact Ethen Ostroff Law for a FREE consultation to know all your options.
Cases where you can file an MBTA accident claim
1. Bus accidents:
There is MBTA operator negligence in situations where the operator ran a red light, made an unsafe lane change, or stopped suddenly without warning. There are also cases where the steering wheel or the brake system failed due to a defective part or negligent maintenance or a faulty tire blew out and the operator lost control. There was also apparent MBTA operator negligence when the operator was under the influence, not adequately trained, or distracted.
2. Ferry boat accidents:
These include situations where the operator’s negligence resulted in a boat crash. For example, there is a lack of situational awareness, such as when the ferry crashes into docks, piers, jetties, and other seagoing vessels. These can cause passengers to fall into icy, turbulent waters or be tossed about on the ferry, leading to severe injuries and trauma.
3. Platform accidents:
Slip and fall accidents are not uncommon on subway or commuter train platforms. The MBTA has a duty to ensure that ice and snow are removed or post signs warning persons of a slippery surface.
In addition, a high platform requires stable guardrails. Likewise, there must be a clearly painted or textured yellow line to alert riders that they are close to the edge.
At times, a train that is carelessly set on the wrong track can lead to disaster. When a passenger car approaches a railroad crossing, the gate may malfunction, or warning signals could malfunction and fail to alert the driver of an approaching train. This could lead to tragic results. An MBTA accident lawyer near you can help you figure out the different ways to get your mbta accident lawsuit claim.
Types of injuries from MBTA accidents
Victims of MBTA accidents can suffer various types of physical injuries, such as:
- Broken limbs.
- Death.
- Traumatic brain injuries.
- Torn ligaments.
- Spinal injuries.
- Hypothermia.
- Knee injuries.
- Shoulder injuries.
- Permanent disabilities.
Normally, in serious injury claims, the victims have to undergo various surgeries and are unable to return to work or their usual activities. In such cases, suing MBTA for the expenses and loss of income is your best option.
Compensation for MBTA accident lawsuit
- Past and future medical bills.
- Lost wages ensued from the accident.
- Pain and suffering.
- Property damage.
- Emotional distress.
- Loss of earning capacity.
- Long-term care and disability.
- Other injury-related claims.
- Spousal claim for loss of consortium.
All these damages need to be proven by the medical providers, documentary evidence, and testimony. Doctors, therapists, forensics, economists, and rehabilitation professionals are sometimes needed in serious MBTA accidents, especially if a person died. These professionals will help prove the medical and economic losses, along with the effect on the victim’s quality of life.
Presenting your MBTA accident claim is required.
filing a claim or lawsuit against the MBTA for MBTA accident injuries is considered filing a claim or lawsuit against a public employer. Under Massachusetts laws, those who have a claim against a public employer are required to first present their claims to MBTA. A notice letter addressed to the head of MBTA must be sent within two (2) years from the date of the accident. This process is called “presentment”.
Once they have received your notice letter, the MBTA has six (6) months to approve or deny your claim. If you have not received any response after six (6) months, you can then file your MBTA accident lawsuit.
As the MBTA and its regional partners are public entities, any MBTA accident Lawsuit for injuries must be presented under the Massachusetts State Tort Claims Act (MTCA). There is generally a cap on damages of $100,000. Nevertheless, it does not apply to compensatory damages against the MBTA as well as accidents involving serious bodily injury. Most cities have specific instructions and forms to file these claims.
Time limit to file MBTA accident lawsuit
As of July 1, 2009, the statute of limitations for MBTA injury claims is three (3) years. Before July 1, 2009, the statute of limitation or the window of time to file an MBTA accident lawsuit against the MBTA for injuries was only two years.
Note, however, that many claims against public entities, including the MBTA, have been rejected. Therefore, it is in your best interest to hire the best MBTA accident lawyers to handle your case as soon as possible.
Also, though you may attempt to present a claim to the MBTA, it’s better not to provide a written or recorded statement to a representative. After all, it may harm your case by inadvertently admitting or omitting certain information. In addition, never talk to anyone about the case until you are represented by a trusted MBTA accident attorney who can advise you on how to best proceed with your case.
Steps to improve your chances of getting full compensation
These three steps are crucial in getting full compensation for your MBTA accident claims.
1. Get medical assistance:
Immediately after the incident, get the medical treatment you need for your MBTA accident injuries. Visit a hospital near you or contact your doctor. Do not delay getting medical assistance, even if you do not see any apparent physical injury yet.
2. Collect all the evidence:
You need to preserve all the evidence of the MBTA accident. Get witnesses’ names and contact details. Take photographs and videos of all your injuries and from the scene of the incident. Keep the receipts of all the expenses you incurred as a result of your injury.
Contact a lawyer
There are various rules and laws that apply to your claim against the MBTA. Therefore, it is crucial to speak with skilled and experienced lawyers to ensure you have an expert on your side. Hiring a lawyer to fight for you at no out-of-pocket cost is the smartest decision to get a fair settlement of the MBTA accident.
At Ethen Ostroff Law, we take the time to sit down and provide unparalleled attention to your case. With trusted MBTA accident lawyers in Philadelphia by your side, you can ensure the best possible chances for a successful mbta accident claim. Reach out to us and we will give you honest and careful consultation and instructions on how to proceed mbta accident lawsuit.
