BRTA Bus Accident Lawyers

The Berkshire Regional Transit Authority (BRTA) is one of the 15 regional transit authorities in Massachusetts. It serves 27 separate communities, covering a geographical area roughly equal to the size of Rhode Island. It is a transport authority that provides public transportation to people of the greater Berkshire County area of Massachusetts and provides such transport with its fleet of twenty-four fixed-route buses. It is a reasonably safe transit authority, without too many bus accidents in recent history to raise any eyebrows. However, it has had incidents, and simply because a transit authority's track record indicates that an accident may be unlikely, it does not mean one will never happen.

Massachusetts Bay Transportation Authority (MBTA) serves the Boston metropolitan area and outlying regions in Massachusetts. Regional transit authorities serve areas across the Commonwealth, all the way from Boston to the Berkshires and the Islands. Many of these regional transportation authorities have bus services that provide commuter and sightseeing buses for local routes.

Bus Accidents Generally

Bus accidents are a more dangerous threat than many people realize and are more likely than other vehicular accidents to cause serious and sometimes fatal injuries.  When a bus hits a car, or a pedestrian, the size and weight difference between the two are an obvious reason why bus accidents often cause so much damage.  The fact of the matter is that bus accidents are a notable cause for concern when traversing the roads of Massachusetts, or choosing to ride on a public transportation.  An information brief issued in 2012 by the National Transportation Safety Board (NTSB) noted that there were more than 250 fatalities and over 20,000 injuries in accidents involving buses in 2009. According to Federal Motor Carrier Safety Administration (FMCSA) data, 5,096 large buses and trucks were involved in fatal crashes during 2018. Transit buses accounted for 35% of these fatal crashes.  Considering the volume of transit authority vehicles serving over 1 million passengers with over 390,000 bus trips daily throughout the greater Boston area alone, it’s no surprise that these buses are involved in a large number of vehicular accidents every year.

Bus accidents happen for a variety of reasons.  Some common examples include:

• Driver error
• Driver Fatigue
• Driver’s Inebriation 
• Bus Maintenance 
• Mechanical Issues
• Road Design/Conditions 
• Weather Conditions
• Unforeseeable negligent driving acts by third parties. 

Victims of public transit bus accidents are not always on the outside of the bus.  In fact, it is very common for passengers riding on the bus to be injured as well.  Riders of a public transit authority like the BRTA are entitled to a certain duty of care from those operating the buses, as the law mandates certain safety precautions and other measures to be taken by common carriers for the safety of their passengers.

Liability In Bus Accident Cases

A bus company or public transit authority is a common carrier. A common carrier is an individual or business entity that is licensed to transport passengers for a fee.  Every common carrier has a duty to follow certain rules to ensure the safety of its passengers. These duties include, but are not limited to: 

• Safe, well-lit, unobstructed entries and exits
• Security where necessary
• Completing thorough background checks of drivers to ensure qualifications
• Adequate training for drivers
• Proper maintenance of buses and facilities 

A common carrier is held to a higher standard of keeping their customers safe compared to other types of businesses.  This is, in part, because of the inherently dangerous nature of the transportation industry. Transportation can involve risk, and these companies and entities have a duty to keep passengers safe.

If you are involved in an accident while riding on a public transit bus, depending on whose negligence was responsible for causing the accident, you could have a claim for compensation against the public transit authority.  However, such claims are governed by the Massachusetts Tort Claims Act (MTCA) which has special procedures and time limits that must be strictly adhered to.  Under the MTCA, you need to file written notice of the claim, referred to as a presentment letter, within two years of the incident.  Also, the MTCA has strict requirements as to what this presentment letter must include.  If you fail to adhere to the strict requirements of the statute, within the specified time limit, your case will be over.  Therefore, unlike other types of vehicular accidents, it is especially important to retain experienced legal representation in these cases. 

There can also be certain circumstances that open the door to potential claims against others (not just the BRTA).  Some examples of other individuals and entities that may be potentially liable for the damages caused by a bus accident (if it is found that their negligence or error was a predominant or contributing cause of the accident) include:

• The Private Bus Company being contracted by the BRTA: The bus company is responsible for maintaining the vehicles, driver training and screening, and all transit and transit authority operations. If a failure of any of these functions caused the accident then the private bus company, along with the BRTA, could be liable.
• The Bus Driver: Sometimes, in cases involving things such as intentional acts by the bus driver, it may be possible to expose the bus driver to personal liability – but this is rare.  The unique circumstances of a crash, and the exact nature of the driver’s behavior, will determine whether the bus driver would be added as a defendant to a personal injury claim resulting from a bus crash.
• Other Drivers or Road Users: If the collision was the fault of another driver, that person (the other driver) would be liable for your damages. You would need to pursue a claim against that driver, just as you would for any other car accident.
• Bus Manufacturer or Manufacturer of Bus Parts:  A bus might have components made by several different companies. So, if the accident happened because of brake failure, steering failure, or some other mechanical issue, the bus manufacturer and the manufacturer of the failed system could both be liable.  This relates back to products liability and liability rules regarding negligent manufacturing of a product that creates an issue with the product's ability to properly function and an accident causing injuries results.
• Maintenance Provider: Sometimes, a bus company hires other companies to provide routine maintenance on the bus fleet. If a maintenance provider failed to correctly maintain a bus in a way that resulted in a crash, the provider could be liable.
• Other Government, State or Municipal Entities: For example, work being done by a town’s department of public works that contributes to an accident, or improperly maintained roads which can create potential liability for the city or state departments responsible for said roads if the improperly maintained conditions lead to an injurious accident.

Regardless of who the parties involved may be, these types of lawsuits are very difficult and riddled with potential traps.  Due to the strict requirements of the MTCA, these cases are far more complicated than an average negligence claim.  It is especially important to have experienced legal counsel on your side when attempting to bring a claim resulting from a BRTA accident.  

Because of the complexities involved in these types of cases, don’t try to do it alone!  If you think there’s ever a type of legal claim that you can handle on your own, this isn’t it.  There are too many special rules and procedures involved (many of which there is not time or room for in this brief article).   In fact, due to their complexity there are many personal injury lawyers who will either not take these types of cases at all, or who refer them out to more experienced law firms like mine for handling.   Make sure you have an attorney on your side who knows the intricacies involved with public transportation cases.

Call Us Today to Speak with a BRTA Accident Lawyer

If you were injured in a bus accident, either riding the BRTA or as a pedestrian or occupant in another vehicle, you should contact a lawyer experienced with these types of cases as soon as possible. At the Law Offices of Christopher Sullivan P.C., we have over one hundred years of combined experience handling public transit cases and we have recovered over 25 million dollars for our clients through favorable settlements and jury verdicts.  Initial consultations are always free and you pay absolutely nothing unless we obtain a financial award on your behalf.  If you have been injured at the hands of a public transit agency, contact us today either online or by calling (617) 357-8600.  Let us help you to navigate the complicated legal hurdles involved with these types of cases and get you the financial compensation you deserve.