Cases in which serious injuries occur on the job may not be as clear-cut as personal injury cases between private citizens. In either situation, however, a competent personal injury attorney may be necessary to ensure the victim is fully compensated for damages.
On Aug. 9 an MBTA bus driver allegedly hit a city parking enforcement supervisor and four cars in an attempt to avoid a traffic ticket. The driver, a 34-year-old woman, was parked illegally and eating a bagel on her empty bus when she was issued a ticket. Her bus was apparently blocking the flow of traffic.
After being issued the ticket, she ripped it up. So the supervisor gave out another ticket and put it on the bus windshield. The bus driver then stepped on the gas and hit the officer, along with four other vehicles, the owners of which were reportedly not injured. The parking officer, however, had to be taken to Brigham and Women's Hospital in Boston.
Typically, when someone is injured in an accident and a judge or jury has to determine fault, the behavior of the defendant is examined. If the defendant showed recklessness or maliciousness during the event in question, it is more likely that compensation will be awarded to the plaintiff. One job of a personal injury attorney is to make sure that all records relating to the defendant's behavior during the accident are available to the court. In this particular case, a witness saw the dispute unfold between the two parties.
The MBTA driver was apprehended six hours after the accident, and she has been charged with driving to endanger and assault and battery with a dangerous weapon. The supervisor is expected to make a full recovery, though she was described by the Department of Transportation as "extremely upset."
In this case, a judge may need to determine if the MBTA should be held responsible. If this driver has exhibited reckless or malicious behavior at work in the past, it is more likely that a judge will see that the recent collisions in part resulted from bad decisions by MBTA. Otherwise, the victim may be able to sue the offender directly. Injured parties facing this sort of decision are best advised to seek counsel from a legal professional with experience in personal injury claims.
Source: NBC News, "MBTA bus driver hits Boston traffic enforcement officer," Aug. 9, 2012