Commuting is essential for many workers in and around the city of Boston. The traffic on the Mass Pike or 93 is often congested and makes for an unbearably long commute. Therefore, many individuals use the Massachusetts Bay Transit Authority (“MBTA”) transportation systems to regularly travel throughout the city.
The MBTA is a public agency and provides transportation via the commuter rail, subway transit rails, busses, as well as some ferry routes throughout the Boston Harbor. All of the options the MBTA provides can be a convenient and cost-effective way to travel throughout Greater Boston. However, accidents still happen while using MBTA services.
For example, a bus driver may operate their vehicle negligently and strike your vehicle; a pedestrian accident may occur where a bus driver fails to stop while you are crossing the street; or an MBTA bus operator or rail operator may abruptly stop or operate the vehicle negligently causing significant disruptions and injuries to passengers. If you are injured due to the negligence of an MBTA employee, then they may be liable for your resulting damages.
It is important to know that claims for injuries involving the MBTA are governed in part by Massachusetts General Law Chapter 258, Section 4.
A civil action shall not be instituted against a public employer on a claim for damages under this chapter unless the claimant shall have first presented his claim in writing to the executive officer of such public employer within two years after the date upon which the cause of action arose, and such claim shall have been finally denied by such executive officer in writing and sent by certified or registered mail, or as otherwise provided by this section; provided….
As you can see, this particular law requires a claimant (the injured party) present the claim in writing to the executive officer of the public employer within two-years from the date of the accident, and that such notice shall be sent by certified or registered mail. This is a different process than a typical motor vehicle accident. Despite the two-year presentment requirement, claims involving the negligence of an MBTA employee are still subject to a three-year statute of limitations from the date of the incident. Therefore, when you are injured in an accident involving the MBTA, it is important to take action and provide proper notice to the MBTA within the statutory timelines and requirements set forth.
If you or someone you know were injured in an MBTA accident, contact the attorneys at Tetzel Law, LLC for a free consultation today. We will help you understand your claim and properly present it to the MBTA. You can request more information by sending us a message using the online form on our website, or by calling us directly at 617-933-3858.