By Erica L. Pereira, Esq.
As you are well aware, on November 29, 2012, 35 people were injured when an MBTA Green Line Trolley rear-ended another at the Boylston Street station. Updated reports have indicated that the driver who caused the crash at the was working an overnight shift from midnight until 8:00 a.m., just three hours before his shift was starting with the MBTA. Reports indicate that the crash occurred less than an hour after his shift began. Fatigue is reported to have been a factor in the crash.
The operator who caused the crash was fired by the MBTA shortly after the accident. The MBTA reported that it does maintain a fatigue awareness program, which is mandatory for drivers but regulation of the driver’s activities outside of their work with the MBTA is difficult. The MBTA states that it is unaware of how many drivers hold second jobs and maintains that the operators are not obligated to disclose whether they have a second job.
As Attorney Laskoski wrote in the previous blog regarding the crash, there are special provisions and time periods which must be met when making a claim against any state entity as well as the MBTA. If you have been injured through the negligence of the MBTA, you are required to present your claim within two years of your accident. If your claim is not properly presented, you could be forever barred from pursuing a claim for your injuries.
As such, if you have been injured as a result of the negligence of the MBTA, you should consult an attorney immediately to assure that your rights are properly preserved. The Attorneys at Keches Law Group are experienced in representing our clients in claims against the MBTA and are available for a free consultation.