Can I Sue For An MBTA Injury?

The recent rash of MBTA train derailments has put the MBTA in the news recently.  These accidents are common and generally cause various types of injuries to many innocent passengers.  There can be a number of causes for these crashes including operator inattention or negligence, maintenance failure, equipment failure, etc.

For those unlucky people that are injured in these accidents, they frequent want to know “Can I sue for an MBTA injury?”

Generally, if you are injured on an MBTA vehicle you may bring a claim for compensation for your losses.  Such losses may include medical bills, lost wages, loss of earning capacity, pain and suffering, etc.  Please note that unlike with other vehicle crashes, PIP (Personal Injury Protection) is not available to people injured on MBTA vehicles.  PIP coverage may be available under the victim’s own personal auto policy, or household auto policy.

These cases are also unlike other vehicle crash cases because they have a two year presentment requirement. This means the MBTA must receive written notice of your claim within two years of the accident.  This letter must contain specific elements in order for it to pass muster.  And before filing a lawsuit against the MBTA, you must wait six months before doing so after your notice/presentment letter is received by the MBTA.  The statute of limitations for lawsuits for personal injuries against the MBTA is three years from the date of your accident.

I always tell new clients with MBTA accident claims that these cases, unlike those filed with insurance companies, generally take a long time to settle.  The reason is because the MBTA only has so many lawyers in their legal department to handle the huge number of cases filed against the MBTA each year.

Boston MBTA Accident Lawyer

The Law Office of Christopher Earley has lawyers with years of experience handling injury lawsuits against the MBTA.  Put our experience to work for you.  Call us today if you would like a free consultation to discuss the particulars of your case.