Injuries While Riding Public Transportation in MA
Every day, thousands of people depend on the MBTA, whether they’re taking the subway, catching a bus, or riding the commuter rail around Boston. For most, these rides are safe and uneventful. Still, accidents happen.
If you find yourself hurt while using public transportation, you may wonder what your options are, who is responsible, and if you need legal help. Understanding what steps to take after an incident on the MBTA can make a difference in protecting your health and peace of mind moving forward.
Common causes of transit-related injuries
Taking public transit is a regular part of life for millions of people. Unfortunately, it’s possible to get hurt on buses, subways, commuter trains, or just standing at stations. Below are some of the more frequent ways these injuries occur.
Sudden stops and starts
If a bus driver slams on the brakes or speeds up without warning, it can make people on the bus lose their balance – riders who are standing and not holding onto something can easily fall. These jerky movements can happen if traffic suddenly stops, the weather causes slippery roads, or even if the vehicle you’re in gets into an accident with another vehicle.
Distraction, fatigue, and driving under the influence
Drivers and train operators sometimes work long hours or may not be as rested as they should be. When they lose focus, these rides can quickly get dangerous. Being distracted by a phone or driving under the influence also increases the risk of accidents.
Boarding and getting off buses
The process of getting on or off a bus can also be risky. Steps may be uneven or slippery, or sometimes it’s hard to judge the gap between the curb and the first step. Passengers have tripped, fallen, or even had the doors shut on them. Then there are times the bus does not pull close enough to the sidewalk, so some riders need help or have to jump a bit just to try to get on or off. Sometimes, these situations can cause injuries.
Train door malfunctions, platform gaps, and overcrowding
Malfunctioning doors can catch clothing or body parts as riders get on or off. Platforms sometimes have wide gaps that people, especially those using canes or wheelchairs, struggle with. When crowds gather quickly, pressure from the crowd can cause people to lose their footing, stumble, or even fall onto the tracks.
Maintenance issues and unrepaired dangers
Accidents can happen when an issue with a public transportation vehicle or track isn’t fixed. For example, this could be broken rail equipment, worn brakes, or stray debris left behind on tracks or roadways. These hazards could injure passengers severely if an accident occurs.
Anyone using public transportation accepts a certain amount of risk, but regular upkeep and attention should keep these risks lower. If you’ve been injured while using public transit in MA, you may have legal recourse and be able to collect monetary compensation.
Who can be liable in public transportation cases in Massachusetts?
After any public transit injury, the question of who could be legally responsible is not always simple. More than one party can be blamed for creating unsafe conditions, and knowing who to hold accountable shapes how you move forward with your personal injury claim. Some examples of responsible parties include:
Transit agencies and operators
These systems, like the MBTA or local RTAs, can be responsible when their driver or operator makes a mistake, when operations create unnecessary risks, or when buses, trains, or stations are poorly maintained. Examples include not repairing hazards or allowing unsafe drivers behind the wheel, leading to injury.
Third-party drivers
Sometimes another motorist causes a bus or train crash. This could be a driver running a red light because they’re under the influence or getting stuck on the train tracks and causing an accident. When this happens, the driver at fault may share blame for your injuries.
Contractors and service vendors
Repair and maintenance crews are responsible for their own work. If escalators in a station become dangerous due to improper maintenance, or if a train is incorrectly serviced, the responsible company can be liable in injury cases.
Manufacturers of products or equipment
When defective products cause injuries, like train doors malfunctioning or bus brakes suddenly failing, the people or businesses that built and sold them may be liable.
The party responsible for your accident depends on the specific facts of your situation. A personal injury lawyer will help you make this determination so you can file a claim.
Special rules for claims against government entities
Taking legal action against public transit agencies has added complexity. Transit agencies like the MBTA are run by government bodies, and filing a claim against them is not as simple as filing a typical injury case.
Deadlines and notice rules
Strict time limits, procedural steps, and special written notice must always happen before taking a transit agency to court. In Massachusetts, injured people must submit a written claim to the “executive officer” within two years of the date of the accident. Skipping this step risks dismissal, no matter how severe your injury.
The transit authority has up to six months to respond to your claim. If they make no response, this is considered a denial. Only then are you allowed to sue them. This must then be done within three years of the original incident.
In any transit injury case, being aware of these extra legal requirements is critical because if you don’t file on time, you risk missing out on recovering any compensation.
Contact The Law Offices of Gerald J. Noonan to schedule a free consultation
If you’ve been injured in a public transportation incident in Massachusetts, the best way to determine if you have a claim for compensation is to speak with a legal professional. Our firm has experience handling these types of claims and has been helping injured people for more than 30 years. We’ve won millions of dollars for clients throughout the years. When you’re ready to learn more about your potential case, contact us today to schedule a free consultation.