Suing the MBTA
As tens of thousands of Bostonians, and commuters in the surrounding boroughs, cities and towns know quite well, the MBTA has a substantial importance in delivering their services to as many people and places as possible. Millions rely on the MBTA each year, and with their limited budget they are able to conduct this work in a manner that is, for the most part, efficient and impressive.
However there are always exceptions. Whether you are involved in a train accident, a bus incident, are injured because of a faulty escalator in one of their stations or are otherwise harmed in any way due to the MBTA, you may be wondering, “Can I take legal action against the MBTA?”
The answer, in short, is that you absolutely can. However there are a couple things that you should know first before choosing to engage in this action.
First is the fact that the statute of limitations on placing a claim against the MBTA is only two (2) years, as opposed to many areas of law where three (3) years is the limit before a claim can no longer be filed. This statute has been upheld in court and remains to be the case today. So in order to successfully make a claim against the MBTA, you must prepare and make your claim within two years of the incident in question.Why Would I Take Action Against the MBTA?
There are a number of reasons why you may wish to take legal action against the MBTA. First and foremost, it is important that you realize that the very nature of their operations – transporting millions of people every year via trains, buses, ferries and other vehicles – they take on a legal responsibility for the safety of those riders that is much more stringent than any typical person.
The MBTA actually has a higher burden of responsibility to ensure that they conduct their operations in a safe and effective way that doesn’t put people at risk of serious injury. As a result, any injury that occurs that could be preventable – a slip and fall in one of their stations due to a puddle that wasn’t cleaned up, or a bus operator who crashes due to using a cell phone – is subject to extreme legal scrutiny and a potential claim.
In most cases, a claim will be filed to win back some money in order to pay for medical expenses that crop up as a result of being injured. Depending on the severity of the injury, the individual may have to take time off work to recuperate, which may result in more money lost. A claim can take into account the severity of the injury and secure a payment that reasonably accounts for these lost funds and expenses.
It is important to note that merely being injured on an MBTA piece of property, or on one of its transportation vehicles, is not grounds for a suit. By utilizing these services, the individual is agreeing that the MBTA is not liable for injuries that occur through no fault of the MBTA.Let Us Decide if You Have a Case
At Altman & Altman LLP, we have over 40 years of experience seeking claims for damages in the Boston area, and we have a unique ability to handle your MBTA-related case. We work and live in Boston, so we understand the specific laws that apply to such cases, and have handled hundreds of such cases in our history.
We will be able to sit down with you and figure out with certainty whether or not you will be able to file for damages, and we have an excellent track record of success with our clients. Call us for a free consultation today to look at your case at 617.492.3000 or toll-free at 800.481.6199. We are available 24/7.