MBTA Bus Accident Lawyer in Massachusetts

MBTA Bus Accidents and the Massachusetts Tort Claims Act

The Massachusetts Bay Transportation Authority is a government entity, which means claims against it are governed by the Massachusetts Tort Claims Act. This statute creates requirements and limitations that do not apply to claims against private parties. The most critical requirement is written presentment, a formal notice of claim that must be delivered to the MBTA within a specific period before any lawsuit can be filed. Missing this presentment deadline permanently bars your claim, even if the MBTA was clearly negligent and your injuries are severe. Contact Attorney Lavey immediately after any MBTA bus accident.

Types of MBTA Bus Accidents

• Passenger injuries from sudden, unnecessary, or particularly severe braking
• Falls during boarding and alighting at MBTA stops
• Collisions between MBTA buses and other vehicles at intersections
• Pedestrians struck by MBTA buses at stops or when buses merge into traffic
• Accidents caused by MBTA driver inattention or distraction
• Accidents resulting from inadequate MBTA vehicle maintenance

The MBTA’s Duty to Passengers

As a common carrier, the MBTA owes its passengers a heightened duty of care. This duty requires the MBTA to operate its buses safely, maintain its vehicles in proper mechanical condition, employ qualified and adequately trained drivers, and operate in a manner that does not expose seated and standing passengers to unreasonable risk of injury from sudden stops or dangerous maneuvers. Falls caused by unnecessarily abrupt braking, for example, frequently give rise to valid MBTA claims.

Gathering Evidence After an MBTA Accident

MBTA buses are equipped with dashcams and interior cameras, GPS tracking, and automatic speed recording systems. These records are critical evidence and must be preserved through legal demand. The MBTA has an operational interest in retaining only the most recent recordings, so Attorney Lavey issues preservation demands the day he is retained in every MBTA accident case. Additionally, MBTA accident reports filed by the driver and any supervisors contain important information. Attorney Lavey obtains all available MBTA records.

What Damages Are Available Against the MBTA

The Massachusetts Tort Claims Act limits certain types of damages against government entities, including punitive damages, which are not available. However, all compensatory damages, medical expenses, lost wages and earning capacity, pain and suffering, and future care costs, are available in MBTA accident claims. Attorney Lavey advises every MBTA accident client on the realistic value of their specific claim under the applicable framework.

Frequently Asked Questions