Being involved in a collision with a public transportation bus such as the Massachusetts Bay Transportation Authority (MBTA) can be traumatic. In addition to dealing with the physical implications of such an accident, it is quite possible that you will also struggle financially if you are unable to work while recuperating; and psychologically if the accident has had a devastating impact on your life.
Fortunately, you can sue the MBTA for an injury you sustained when involved in a crash with one of their buses as long as their negligent actions were the direct or indirect cause of the collision. Below, we go into further detail about ways the MBTA could be found liable and describe additional parties who could have contributed to the cause of the accident.
The MBTA is not immune to having a civil claim brought against them should it become necessary, and in many cases it has become so. In order to successfully bring a claim against the MBTA, we will need to prove irresponsible or negligent conduct.
For example, perhaps it was noted that this particular bus needed repairs, but the higher-ups have concluded this was not a necessary expense at the time. If the bus is then involved in an accident caused by parts that needed repairs, the MBTA could be found liable.
Another common instance of MBTA fault is the hiring of inexperienced or ill-equipped drivers. If a bus driver has a history of poor driving, or no experience driving a bus and subsequently causes an accident, the MBTA could be partially to blame, as they should have done their due diligence prior to hiring the reckless bus driver.
Although you certainly can file a claim against the MBTA, it is not as common to pursue these claims with the MBTA as the sole liable party, and someone else is usually also found to be at fault. For example, when a bus driver causes an accident due to distracted, drowsy, or aggressive driving, or if they were operating the bus while under the influence of drugs or alcohol, the bus driver should be found liable.
In the event that there is something wrong with the bus itself, the manufacturer of the bus, parts manufacturers, safety inspectors, technicians who perform maintenance on the bus, and anyone else who shared responsibility for ensuring the busses safety prior to it being used for public transportation could be to blame alongside the MBTA.
Your lawyer will need to conduct an investigation into the collision in order to determine who is at fault, if you have a case, and how the MBTA may have contributed to your injuries, if at all.
If you have been injured in an MBTA-involved collision and are interested in learning about your legal options, get in touch with a highly trained Boston bus accident lawyer at Joel H. Schwartz, PC.
We provide free claim reviews to injury victims across the city. You can take advantage of this opportunity by submitting the quick contact form we have included below or by giving our office a call at 617-742-1170 to schedule yours.