Legal Question in Personal Injury in Massachusetts

I was riding my bicycle to the commuter rail station to go to work. When I turned in to the station parking lot, there was an immense amount of sand and my bicycle slid out causing me to crash to the pavement. The accident resulted in me breaking my hip. Several people pulling in to the parking lot witnessed this; although, I didn't get their contact information. I'm wondering if the city or the commuter rail station are liable for any of my medical expenses.


Asked on 5/29/15, 10:47 am

1 Answer from Attorneys

Is liable? You will not know until the jury returns to the courtroom following your trial. Is potentially liable? Perhaps. It appears that all persons in Massachusetts are required to have health insurance so your medical expenses should be paid by your health insurer. I suppose you could hire counsel to make a claim against the communter rail station so you could obtain funds to reimburse your health insurer. Not sure you would find counsel to do that for a percentage of your recovery. If the commuter rail station is MBTA it is subject to immunity laws set out in G.L. c. 258. The reason there is sand everywhere is during the winter people complain and bring lawsuits about slipping on ice, so the MBTA's contractors do what they can to make the place safe by applying sand. Obviously having witnesses but no names is not helpful, but it is possible this was captured on videotape or perhaps you took pictures of the sand pile with bike tracks in it on your phone, and reported to MBTA and filled out incident report. Bottom line if all you are looking for is medical expenses and you have no serious injury then you may have difficulty finding a lawyer to take your case. Best luck. Regards, JBS

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Answered on 5/29/15, 11:01 am


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