Who is Liable for Injuries While Riding the T?

The MBTA, short for the Massachusetts Bay Transportation Authority, provides different types of transportation to the public, including buses, subways, and commuter rails. The MBTA, known locally as “T,” also provides ferry services and paratransit services for those who can’t easily use the other forms of public transport.

The T is a division of the Massachusetts Department of Transportation (MassDOT).

While the T emphasizes safety in many ways, many accidents do happen. These accidents often cause severe personal injuries. Tragically, some MBTA accidents are fatal.

Our MBTA lawyers have obtained two million-dollar-plus results for clients involved in accidents by buses operated by the MBTA.

• $7.1 million. We obtained this amount for our client, who was struck by an MBTA bus. Our client required an amputation of her right leg. She is unable to use a prosthetic due to her phantom pain and stump pain.
• $1.375 million. Our lawyers obtained this recovery for our client, who suffered a traumatic brain injury and cognitive decline due to a speeding MBTA bus driver.

What types of accidents happen while using the MBTA?

Our MBTA accident lawyers handle the many different types of accidents that happen on the different MBTA rider services.

Bus accidents

Many of the accidents that buses have are similar to other vehicle accidents. Bus accidents include head-on crashes, rear-end collisions, broadsides, intersection accidents, single-vehicle accidents, and multiple-vehicle accidents.

Bus drivers need to be especially careful because they have many passengers in their vehicles. When accidents happen, there are likely to be multiple accident victims.

MBTA buses need to stop continually to unload passengers, load new passengers, and then move back into traffic. Each one of these steps can cause buses to collide with other vehicles and other vehicles who are in a hurry to strike the bus.

Passengers on the bus can fall or lose their balance every time a bus makes a sudden movement or a sudden stop.

Subway accidents

Passengers can suffer slip and fall injuries as they enter or exit the subway. Unusual movements and sudden stops, similar to sudden bus movements, can throw passengers off balance.

Passengers can be struck by a train if they fall onto the tracks due to a lack of proper safety warnings or during the rush to get onto the subway train.

Subway accidents can occur if two trains try to access the same subway lane at the same time. Electrical failures can cause fires, which can cause third-degree burns and fatalities.

Our lawyers also represent passengers who suffer injuries as they walk, climb stairs, or use elevators to get to the T platform or the above-ground parts of Boston and the suburban locations. These passengers can suffer harm if there are unstable railings, the walkways are broken, or other parts of the access areas are unsafe.

Commuter rail accidents

The MBTA needs to continually monitor its trains. Many commuter rail accidents happen at railroad crossings. Common causes include faulty crossing signals/gates and drivers who fail to stop at railroad crossings. Passengers can also suffer injuries as they board or leave the trains if the train operator doesn’t stop at the proper part of the track, takes off too quickly, or the platform is in a state of disrepair.

What types of claims do you bring when MBTA accidents happen?

At Breakstone, White & Gluck, we represent anyone who suffers injuries while using the MBTA or when there is an accident with an MBTA vehicle. We handle the following types of claims:

• Generally, the MBTA is liable for the negligence of their employees. For example, if a bus driver fails to stop at a traffic light, causing an accident, then the MBTA should be liable for that driver’s negligence. The MBTA can also be liable for many other reasons, which include:
  • Not hiring enough staff for all the vehicles they use
  • Not conducting background checks and license checks of the drivers
  • Failing to train MBTA staff
  • Pushing MBTA staff to work until they’re tired
  • Failing to conduct regular vehicle, equipment, and platform inspections
  • Failing to create, monitor, and enforce their safety protocols
  • Not routinely inspecting the vehicles for possible dangers
  • Failing to remove dangerous vehicles from service until they can make repairs
• Product liability. The manufacturers of the various MBTA vehicles, vehicle parts (for example, brakes and electrical components), safety equipment, and other products (like elevators) can be liable for your injuries if their vehicles and other products are defective due to faulty design, workmanship, warnings, or instructions. Defects also include defective software and other technology.
• Wrongful death. We file wrongful death claims against the responsible parties if your loved one dies in an MBTA accident. Many T accidents are fatal.

Our lawyers will explain how sovereign immunity works in Massachusetts. We can file your claim under the Massachusetts Tort Claims Act. Generally, you can file personal injury and wrongful death claims against the MBTA if you provide timely notice and meet other requirements, which our attorneys can explain.

What types of injuries do T accidents cause?

Our MBTA accident lawyers handle all types of serious injuries, including:

• Traumatic brain injuries and concussions
• Traumatic amputation/loss of limb
• Spinal cord injuries
• Electrical and thermal burns
• Broken bones/fractures
• Back, neck, and shoulder injuries
• Nerve, muscle, and soft tissue injuries
• Internal organ damage
• Loss of vision or hearing
• Scarring and disfigurement
• Emotional trauma
• Death

Everyone who uses public transportation understands that trains, buses, and subways don’t always run on time. The vehicles may be crowded, especially during rush hour. What they don’t expect is that the MBTA will fail to prioritize their safety. At Breakstone, White & Gluck, our lawyers have won over $325 million for our clients. We have the experience and professional relationships to hold the MBTA, manufacturers, and others liable for public transportation accidents. Call us or use our contact form to schedule a free, no-obligation consultation today.