MBTA Accidents

When you board a train, bus, or subway in Massachusetts, you expect to reach your destination safely. But every year, passengers and pedestrians suffer serious injuries because of poor maintenance, unsafe platforms, mechanical failures, or even violence on MBTA property.

Attorney Pauslen in Boston meeting with clients

Many Massachusetts residents rely on the Massachusetts Bay Transportation Authority (MBTA), or the “T”, for their commutes, for trips to the beach, and for general transportation around Boston and Suffolk County, Middlesex County, Norfolk County, Essex County and surrounding areas.  The MBTA moves people all around Massachusetts, and the “T” is a part of Boston culture.

The MBTA is the oldest public transportation system in the United States, with a history stretching back to the 1600s.  Today, the MBTA operates buses, trains, and subways throughout Massachusetts and the surrounding areas.  The subway, or rapid transit, system, often called “the T,” boasts over 150 stops. The MBTA also maintains approximately 130 commuter rail stops in Massachusetts and Rhode Island, connecting commuters and leisure travelers to destinations like Boston, Gillette Stadium, Gloucester, Providence, Salem, and Cape Cod. 

Unfortunately, the MBTA has at times had a worse safety record than many other transportation systems in the country.  While measures have been taken, many Massachusetts residents have been injured by MBTA accidents and lack of maintenance on MBTA properties.

If you’re involved in an MBTA accident–whether as a passenger, a pedestrian, or another driver on the road–you may be seriously injured.  It is crucial for you to seek immediate medical treatment following an MBTA accident.  Once you have been properly medically evaluated, knowing your legal rights and options after an MBTA accident is crucial.

At Rightful Legal, MBTA Accident Lawyer Tracy Paulsen believes Massachusetts residents should have access to safe and affordable public transportation. If you have been injured in an MBTA accident, you need a strong legal advocate.  Rightful Legal has a track record of standing up to the MBTA holding them responsible for their negligent acts, inspiring better safety and maintenance practices for Massachusetts MBTA passengers. With years of experience taking on large transit systems, Attorney Paulsen knows how to hold public agencies accountable when they fail to protect the very people they serve. If you’ve been injured while using public transportation, you may be entitled to financial compensation for medical costs, pain and suffering, and time lost from work. The rules are different when it comes to MBTA accident in Massachusetts and Bristol County and it is crucial to retain an attorney who is experienced with public transit injury claims.

What Are Some Common Injuries that can occur in an MBTA Accident?

Public transportation accidents can happen suddenly, but their effects can last a lifetime. Whether on a train, subway, or bus, some of the most common types of injuries we see include:

Slip and Fall Accidents on MBTA Property

Poor lighting, wet surfaces, or uneven flooring can cause passengers to lose their footing. These incidents may result in:

  • Broken bones (arms, legs, hips, wrists)
  • Concussions or head trauma
  • Spinal or back injuries
  • Lacerations and bruising

Injuries Involving Platforms or Train Tracks

Areas near the edge of the platform can be hazardous—especially if safety protocols aren’t followed. Injuries may include:

  • Crushed limbs from train doors or track contact
  • Electrical burns or shocks from the third rail
  • Traumatic amputations
  • Fatal injuries from being struck by a train

Sudden Movement-Related Injuries

Trains and buses that start or stop abruptly can knock standing passengers off balance, leading to:

  • Head and face injuries
  • Wrist or hand fractures from bracing a fall
  • Bruises, sprains, or other impact injuries

Elevator and Escalator Incidents in MBTA Stations

Faulty or poorly maintained station equipment can cause:

  • Falls leading to broken bones or spinal injury
  • Crushed fingers, toes, or limbs
  • Head trauma from sudden jolts or drops

Assaults or Criminal Incidents on MBTA Premises

Negligent security can lead to tragic consequences. Injuries caused by violent acts may include:

  • Physical trauma from attacks
  • Stab or gunshot wounds in rare cases
  • Long-term emotional harm and psychological distress

What Should You Do After an MBTA Accident?

  • First and foremost, prioritize your own safety.  If you are not too injured to move, immediately relocate to a location out of harm’s way.  If you are on an MBTA vehicle or property, follow directions from officials about safety measures and where to go.
  • Ensure that the MBTA accident is reported to proper authorities.  If it has not yet been reported, dial 911 to report the MBTA accident.
  • Exchange accurate identification and contact details with all non-MBTA drivers and other parties involved, including witnesses.  If you are a passenger, consider exchanging information with your fellow passengers.
  • Record key accident details while you are still on the scene.  Take photos and videos of the MBTA accident, the MBTA vehicle, the other vehicles, any skid marks, and your visible injuries.  Get identifying information about which specific MBTA vehicle was involved, such as the unique identification number associated with the vehicle.
  • Get medical attention right away, even if you do not feel that you are obviously hurt.  If you delay seeking care, the MBTA may use this to question the authenticity or severity of your injuries from the accident.

If you have been involved in a Massachusetts MBTA Accident, Attorney Tracy Paulsen is here to guide you through this complex process to help you recover the compensation you deserve.

Can You Take Legal Action Against the MBTA?

In most cases, yes.  Many people are under the mistaken belief that they cannot take any legal action against the MBTA.  In most instances, this is not the case. The MBTA is a public authority and has a legal duty to keep its’ passenger safe.

Under Massachusetts law, public transportation providers are responsible for maintaining reasonably safe conditions for their passengers. This includes regular inspections, proper staffing, functioning safety systems, and timely responses to hazards. When the MBTA fails in that duty and someone is hurt as a result, legal action may be warranted.

Injury claims involving public entities like the MBTA must follow the guidelines under the Massachusetts Tort Claims Act (M.G.L. c. 258)—which imposes strict deadlines and procedural rules. This is why it’s crucial to speak with a knowledgeable MBTA Accident Lawyer as soon as possible to help navigate the complex process. There are important differences in taking legal action against the MBTA and taking legal action against a private entity.

How Long Do You Have to Bring an MBTA Accident Claim?

In Massachusetts, there is a three-year deadline to file most personal injury claims.  While there is a three-year deadline to bring claims against the MBTA as well, there is an additional step that must take place within two years from the date of your injury.  This step is called presentment. 

  • You must present the appropriate agency with a detailed notice of the claim within two years of your MBTA accident.
  • This letter must contain certain provisions to be sufficient to proceed.
  • After presentment, you must wait six months before commencing a lawsuit against the MBTA from the date the written notice is received.

This two-year time limit is very strict, and if you do not meet it you will be completely barred from recovery for your injuries.  It is also important to note that MBTA claims for personal injury can take a very long time to conclude.

We at Rightful Legal know how difficult it is to face your injuries and take action, but we are here to help and to guide you through the complex presentment and claim process.  Don’t put off contacting us until it is too late to get compensation.  If you’ve been a victim of an injury in a collision or other accident involving the MBTA, take action today.

What Damages Can You Get in an MBTA Accident Injury Lawsuit?

There are unique rules relating to recoverable damages in lawsuits against the MBTA. 

There is an exception to the cap for Serious Bodily Injury or Death. Serious Bodily Injury or Death includes permanent disfigurement, loss or impairment of a bodily function, organ or limb, and loss of life.

The type of damages you may recover depends upon your particular case. Attorney Paulsen can help you understand what you may be entitled to recover against the MBTA for your injury. Generally, damages may include: 

  • Medical costs (past and future)
  • Lost wages (past and future)
  • Impaired earning capacity
  • Compensation for disfigurement
  • Compensation for emotional distress and mental anguish
  • Compensation for permanent disability
  • Compensation for wrongful death of your loved one

When Should Contact an MBTA Accident Attorney?

You should contact an attorney if you have been hurt in an MBTA related accident.

Generally, you may be eligible to bring an MBTA accident claim and obtain significant compensation if:

  • You have suffered an injury in an accident involving an MBTA vehicle or MBTA property AND
  • The accident was caused by the MBTA’s mistake or negligence, such as negligent vehicle operation or improperly maintained facilities. 

If you have tragically lost a family member in an MBTA accident, you may be eligible to bring a wrongful death claim. 

If you believe these factors apply to you, reach out to Attorney Tracy Paulsen today to ensure you do not miss your only chance to recover fair compensation from the MBTA. Our compassionate and skilled public-transits attorneys are here to help.

Why Retain Rightful Legal with Your Massachusetts MBTA Accident Lawsuit?

Rightful Legal has handled numerous claims on behalf of individuals who have been harmed at the negligence of the MBTA. Attorney Tracy Paulsen has over fifteen years of experience and will help guide you on this complex process to ensure your rights are protected while you concentrate on the most important thing: your recovery.

With Rightful Legal, you will have:

  • Direct access to Attorney Paulsen throughout the whole process
  • Thorough investigation and legal strategy specific to public transportation claims
  • Aggressive negotiation with public agencies and insurance companies on your behalf
  • No fee owed unless we win your case

Our personal injury team at Rightful Legal understands the complex legal, medical and emotional aspects of MBTA accident injuries.  Our foremost priority is to obtain justice for our injured clients. 

The window to notify the MBTA of your claim is short.  You must act quickly to protect your MBTA accident claim.

Attorney Paulsen is ready to help you obtain the compensation you deserve for the harm you have suffered at the hands of the MBTA.  Whether you’re facing medical bills, lost income, or emotional distress, Rightful Legal will fight for full and fair compensation. We know that being injured in an MBTA accident can leave you feeling helpless. Our mission is to bring you comfort while you recover with the assuredness that we are working tirelessly on your case.

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