Bus Accident Attorney in Quincy

Deadlines for MBTA & Private Bus Accident Claims

The bus owner’s identity changes the legal process. We handle claims involving the MBTA and private carriers, including matters with strict government notice requirements and disputes over corporate liability, insurance coverage, or federal safety regulations.

MBTA Presentment Requirements
A claim against the MBTA generally requires compliance with the Massachusetts Tort Claims Act, which governs many injury claims against public entities. Presentment means formally delivering written notice of the claim to the government official designated by law. The notice generally must be presented to the MBTA’s executive officer within two years after the claim arose and before a lawsuit can be filed.

Sending notice to the correct recipient matters. In Coren-Hall v. MBTA, notice sent to the MBTA Claims Department rather than its executive officer didn’t satisfy the presentment statute. If the MBTA doesn’t issue a written denial within six months after receiving proper presentment, the claim is treated as finally denied, subject to the overall three-year deadline for filing suit.

Private & Commercial Carrier Deadlines
Massachusetts generally provides three years to file a personal injury lawsuit against a private party, including a private bus company. The applicable deadline can depend on who owned, operated, maintained, or contracted for the bus, so the status of each party must be identified early.

Liability, Comparative Negligence & Compensation

A bus driver may not be the only responsible party. Depending on the circumstances, liability may involve a transit authority, private bus company, contractor, another motorist, or another party whose negligence contributed to the collision.

Massachusetts follows modified comparative negligence, which accounts for an injured person’s share of fault. Compensation is reduced by that percentage, and a person found more than 50% responsible can’t recover damages.

A bus accident claim may seek compensation for:

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Property damage
• Wrongful death benefits for qualifying family members

Claims against government entities also involve statutory limits that don’t apply in the same way to private defendants. Liability for an entity such as the MBTA is generally capped at $100,000 under Massachusetts law, although qualifying serious bodily injury claims may fall outside that cap. Private parties aren’t subject to the same limit.