As fellow San Franciscans, we understand both the utility – and possible risks – associated with using the Bay Area Rapid Transit system for daily transportation. While BART can be an eco-friendly and efficient alternative to the daily commute, it may also present a risk of injury, especially during the busiest times of the day. If you were recently injured during your daily commute, the personal injury attorneys of the Law Office of Nelson C. Barry may be able to help you recover from BART and obtain compensation for your injuries.
How to Recover From a Defendant Like BART
Lawsuits against a transit operator like BART present a unique legal challenge best-suited for a personal injury attorney with experience in civil litigation. Under the laws of negligence, a public transportation operator like BART has a duty to exercise reasonable care to keep its passengers free from the risk of danger and injury. Similar to a slip-and-fall case, the law imposes a further duty upon any premises owner who accepts patrons on its property for business purposes by requiring the owner to inspect the property and clearly passengers as to the presence of dangerous conditions.
Possible Scenarios Giving Rise to a Claim Against BART
Given the overwhelming number of San Franciscans opting to take public transportation, it is no surprise that BART trains are overcrowded and running nearly round the clock. Except for an approximate four-hour window in early morning, BART trains are transporting passengers all hours of the day, giving rise to the potential for injury in conjunction with any of the following:
- Dangerous conditions on the platform or in the waiting areas;
- Mechanical defects in the train;
- Injuries from other passengers;
- Slip-and-fall while exiting or boarding a BART train;
- Inappropriate actions by BART police officers;
- Negligent operation of a BART train or inadequate training of BART operators.
This is certainly not an exhaustive list of scenarios giving rise to liability and you should be sure to discuss your situation with your personal injury attorney right away.
Ways to Recover From Mass Transit
In general, personal injury actions are designed to reimburse plaintiffs for the costs of their injuries and other financial losses incurred as a result of the defendant’s behavior. If your injury caused you to miss work or other important obligations, you may be able to recover these losses as well. If you are injured due to gross or malicious negligence on the part of the transit system or another passenger, the court may award punitive damages as well.
Grieving Mother Awarded Millions in Wrongful Death Lawsuit Against BART
Recently, the mother of a homeless man wrongfully shot and killed by BART law enforcement officers recovered $1.5 million in a settlement with the transit provider. This settlement came on the heels of another $1.5 million settlement offered to the victim’s young daughter under California’s wrongful death laws – which provide the option for recovery to immediate surviving family members of any person killed as a result of the negligence of another.
Contact Nelson Barry Today
If you are injured after an incident occurring on the BART system, contact The Law Office of Nelson C. Barry today online or by calling (415) 587-0550