Injured on the MBTA? Here’s What to Do
An MBTA accident can happen in an instant – a sudden train stop, a bus collision, or a slip on a wet station platform. What you do in the hours and days following your injury can significantly impact your ability to recover compensation.
Step 1: Seek Medical Care Immediately
Even if you feel okay after an MBTA accident, seek medical attention right away. Many serious injuries – including concussions and soft tissue injuries – have delayed symptoms. A medical record documenting your injuries close in time to the accident is crucial evidence in your claim.
Step 2: Report the Accident to MBTA
Report your accident to MBTA station staff, a bus driver, or the conductor immediately. Ask for an incident report number. This creates an official record with the MBTA and is often required before you can pursue a claim.
Step 3: Document Everything at the Scene
If you are physically able, take photographs of the scene, including the condition of the floor, platform, vehicle, or any hazard that contributed to your injury. Get contact information from witnesses. Note the time, location, and vehicle or train number.
Step 4: Preserve All Evidence
Keep your clothing and footwear from the day of the accident – do not wash them. Save all medical bills, prescription receipts, and records of time missed from work. These will all be relevant to your claim.
Step 5: Understand the Presentment Requirement
Suing the MBTA in Massachusetts requires a special procedural step called a “presentment.” Before filing a lawsuit, you must send a formal presentment letter to the MBTA within two years of your injury. Missing this step can permanently bar your claim. An attorney should handle this immediately.
Step 6: Do Not Give a Recorded Statement Without a Lawyer
MBTA claims representatives may contact you quickly after your accident. Do not give any recorded statements or sign any documents without first consulting a Massachusetts MBTA accident attorney. Statements you make can be used against you.
Step 7: Contact a Massachusetts MBTA Accident Lawyer
MBTA claims involve unique legal requirements including government immunity rules and strict notice deadlines. An experienced attorney acts fast to preserve surveillance footage, gather evidence, and protect your rights from day one.
At Larson Law, we represent MBTA and bus accident victims throughout Massachusetts. Contact us today for a free consultation – there is no fee unless we win your case.