Daily, hundreds of thousands use the Massachusetts Bay Transportation Authority (MBTA) public transportation network, one of the largest in the United States. Established in 1964, it keeps Greater Boston moving to this very day. However, its aging infrastructure and insufficient safety measures often lead to vehicle accidents and other safety incidents.
Whether you slipped on a station platform, got into an accident caused by an MBTA bus driver, or faced any other incident, we’re here to assist. Discover your next steps if you’ve been injured in or around the “T” facilities and how a personal injury lawyer can help in such cases.
Steps to Take After an MBTA Accident
If you’ve had an MBTA accident, what should you do next? Quick action is your answer. The sooner you report an incident and, ideally, hire a personal injury lawyer, the better your chances of getting fair compensation. Let us walk you through each step to make sure your MBTA accident is properly documented.
Wait at the Scene and Dial 911 After an MBTA Bus Accident
If you are struck by an MBTA bus, your first priority should be to remain at the scene and dial 911. Emergency services may dispatch an ambulance to assist any injured individuals. Additionally, it is crucial to wait for a police officer to arrive, as they will document the accident in an official report. This report may include:
- Witness statements
- Statements from drivers
- Details of damaged property
- A diagram of the accident
- The officer’s personal notes on the cause of the crash
Talk to Witnesses
Look around for any passengers or station staff who might have witnessed what happened. Their accounts can help you prove MBTA’s liability.
If someone is willing to help, gather their information. Get their names and contact details and ask if they would provide a written or video-recorded statement. Some witnesses might have photos or videos that can also be extremely helpful in your personal injury claim.
When speaking to witnesses, consider asking:
- What exactly did you notice about the conditions (slippery surface, broken step, etc.)?
- Was there any warning before the MBTA accident?
- Did you see any MBTA staff present during the event?
- How long did it take for MBTA staff to respond?
- Have you noticed similar issues here before?
Obtain the Police Report
The MBTA Transit Police usually respond to train, bus, and station incidents. However, the Boston Police Department may get involved if the accident occurs on city streets. If officers were present during your MBTA accident, remember to write down their names, badge numbers, and their department.
You can obtain a police report from MBTA Transit Police, which typically takes 5-10 business days. If Boston Police are involved, request the incident report separately at police.boston.gov.
If you didn’t talk to the police at the scene, you can still file a report afterward. Make sure to file it quickly to ensure it’s accurate and detailed.
Gather Evidence
When you’re injured in a train or bus accident, documenting details may not be your top priority, but it can significantly impact your case later. Here’s the primary evidence to gather:
Take clear accident photos from various angles. For instance, you can take photos of wet floors, damaged steps, or faulty equipment. And include pictures of any warning signs (or the absence of them). When it comes to vehicle accidents, photograph vehicle damage and the surrounding area. Videos can also help capture conditions and can be even more effective than photos. Note the vehicle number if you’re on a bus or train, along with the route number and travel direction. In addition, record names and badge numbers of involved MBTA employees. Identify security cameras nearby and note their locations to get MBTA accident camera footage later. It’s also critical to preserve any relevant emails or messages about the incident, including discussions with the MBTA. The clothes you were wearing must be unwashed. If any other personal property was damaged during an MBTA accident, keep the items and take pictures of the damage, too.
Collect Medical Bills
Medical documentation is another piece of evidence in personal injury cases. First, remember that you need to seek medical attention even if you think your injuries were minor. Every bill and record made by your medical care specialist shows exactly what you’ve been through and demonstrates your injury-related expenses.
Most importantly, ask your doctors to detail your injury and treatment in their notes. They should describe how your injury occurred and outline the care you may need in the future.
Unexpected medical expenses can arise and add up quickly after an MBTA accident, so every single detail must be documented. For instance, you might have needed to order a taxi to visit physical therapy sessions since you couldn’t drive. You may have also required crutches or a special brace.
All of these expenses can be compensated if they were caused by someone else’s negligence. The amount you can receive depends on the conditions of the MBTA accident, but an average personal injury settlement after a slip-and-fall accident can reach $250,000, particularly when working with an experienced personal injury lawyer.
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Get an Insurance Report
Insurance companies may get involved in an MBTA accident, too, particularly if your vehicle collides with a T vehicle. In such cases, you must notify your insurance company and obtain a report from them. This document serves as another official record of the incident and details any damage to your vehicle.
Ask Witnesses to Appear in Court
If your MBTA accident case goes to court, ask witnesses if they are willing to testify. Testimonies from real people have more impact than just written statements. Some may refuse, which is okay. If you work with an MBTA accident lawyer, they will assist in preparing your witnesses for court.
Get Assistance from a Personal Injury Lawyer
Your MBTA accident case can be complicated, given all the injuries, paperwork, deadlines, and other legal matters involved. Consider seeking help from a personal injury attorney rather than tackling all these steps above by yourself.
A lawyer experienced with MBTA cases can take care of these difficult tasks and protect your legal rights. They know what evidence to collect, which documents to submit, and how to interact with the MBTA during the legal process. Most importantly, reliable law firms provide free consultations for accident victims to help them understand their cases.
MBTA Accident Statistics
- As of Q3, 2024, 812,400 people used Boston’s transit system every weekday. The top three most used types of transportation in Greater Boston were buses (322,200 riders every weekday), heavy rail (267,700 riders), and commuter rail (109,300 riders). With so many people using public transportation, safety incidents can and, unfortunately, do happen.
- From 2017 to 2021, the MBTA was involved in five light rail collisions, causing 45 injuries. This number represents 38% of all U.S. light rail collisions and 94% of related injuries during this period.
- One of the most tragic incidents occurred at Broadway Station in Boston on April 10, 2022, when a passenger was fatally dragged by a northbound Red Line train.
- In 2023, T’s safety incidents surpassed expected levels, with 104 bus accidents reported, which is significantly higher than the projected 81 incidents for that timeframe.
- Heavy rail incidents also exceeded projections, with 22 safety events compared to the expected 20.
Most Common Injuries Sustained in MBTA Accidents
Accidents on Boston’s public transportation system can result in a broad spectrum of injuries, from minor to severe, and in some cases, tragically, a wrongful death. Here are the most frequently reported injuries from MBTA incidents:
- Whiplash: Vehicle emergency stops or rear-end bus collisions often lead to neck injuries. Sudden movements can cause significant neck pain and stiffness. Therefore, victims with such an injury frequently require physical therapy.
- Soft tissue injuries: Sprains and ligament tears frequently occur when people slip on wet surfaces or fall on escalators. In such cases, victims should receive physical therapy and may also require supportive devices.
- Broken bones: Such injuries can be obtained in various MBTA accidents, such as falling on wet stairs, getting caught in closing train doors, or being involved in bus collisions. If the fractures are complex, surgery may become necessary.
- Traumatic brain injuries: These injuries can range from mild concussions to severe trauma. Overall, they may happen when passengers hit their heads on poles, windows, or seats during sudden stops, as well as in a more severe MBTA accident. Passengers often need emergency treatment and intensive rehabilitation.
Conclusion
Public transportation accidents are always unpredictable and challenging — understanding where to go and what steps to take to recover faster can be difficult. If you were in an MBTA accident and are wondering, “How do I file an injury claim with the MBTA?” the easiest path forward is to consult with a lawyer.
Michael Kelly Injury Lawyers are seasoned attorneys who know what it takes to achieve a fair settlement in such cases. Contact us for a free legal consultation!
