What to Know About Recovering Damages for Transit System Injuries

Patrons of the Massachusetts Bay Transportation Authority (MBTA), commonly known as the “T,” face various hazards that can result in significant injuries. These injuries often stem from slip-and-fall accidents on station stairways and platforms, falls when detraining or stepping down from a bus, and impacts from sudden movements or abrupt stops of trains or buses. 

The following are common types of accidents and resulting injuries for which victims may seek compensation:

1. Slip-and-fall accidents — Slip-and-fall accidents are prevalent on the MBTA, especially on station stairways and platforms. These areas can become slippery due to rain, snow, or spilled substances, leading to severe injuries such as fractures, sprains, and head trauma. Uneven surfaces, poor lighting and inadequate maintenance further contribute to these incidents.
2. Falls when detraining or stepping down from a bus — Passengers may fall while detraining from a train or stepping down from a bus due to the gap between the vehicle and the platform or curb. Such falls can result in broken bones, ligament injuries and other serious conditions, particularly among elderly passengers or those with mobility impairments.
3. Impacts from sudden movements or abrupt stops — The sudden movement or abrupt stopping of a train or bus can cause passengers to be thrown from their seats or lose their balance while standing. These impacts can lead to concussions, spinal injuries, and other traumatic conditions, significantly affecting the victim’s quality of life.

As a public authority, the MBTA is covered by the Massachusetts Tort Claims Act. This statute allows injured parties to seek damages for injuries sustained due to the negligence of MBTA employees. However, there are specific limitations and requirements that must be met. 

The basic limit on damages that can be recovered from a public entity like the MBTA is $100,000. However, higher amounts can be recovered in cases of “serious injury.” This means an injury resulting in permanent and substantial physical or mental impairment, disfigurement, or loss of bodily function. Proving a serious injury requires comprehensive medical documentation and often expert testimony to establish the extent and permanence of the condition. A skilled Massachusetts transit injury attorney is indispensable to building a winning case.

The statute of limitations for bringing a damages claim against the MBTA is generally three years from the date of the injury. However, a victim must alsofile a formal notice of claim with the MBTA within two years of the incident. This notice must include specific details about the injury and the circumstances under which it occurred. 

If you or a loved one has been injured in a transit accident in the Greater Boston area, the attorneys at Feinberg & Alban PC can provide reliable advice on the best steps for obtaining compensation for your injuries and losses. Feel free to call us at 617-232-5950 or contact us online to set up your free initial consultation.