Richmond escalator stopped abruptly, got back injury. BART paid pennies.

I was riding the BART escalator at the Richmond Station, which was packed with commuters and it stopped abruptly. I tripped down multiple stairs and strained my back per the ER. I filed a claim and BART and after 4 months BART's claim adjuster gave me a offer of pennies, stating that the incident was, "a case of questionable liability. While the escalator may have stopped abrupt enough for you to fall, the escalator was still within the code compliance." The amount only covered my doctor's visits and my time off from work.

I was told that the investigation was centered in two areas. One being the maintenance of the involved escalator and the other is determining the extent and claim settlement value of your injury claim.

Any Richmond rider knows that the escalators are down more than up. After my injury the escalator was down the weeks of 5/4, 5/11, 5/20 - 5/22 and finally a sign was posted that it would be down from 5/22 - 6/7. The stairs were completely replaced and since then, the escalator has been down again.

BART own up, your escalators are not within compliance.

So 4 months after your injury you can't reasonably believe the escalators needed to be worked on?

I would suggest the next time you are injured to get a lawyer, it sounds like you did not do this and BART took full advantage of this fact.

Lesson learned maybe?

Train Operator since 2003's picture

Ok I have a couple suggestions;

#1 Run this by a lawyer and see what they say.
#2 Run this by a second lawyer if you don't like what the first has to say.
#3 Run this by a third lawyer and contemplate your options from the opinions you have received.

B.A.R.T. clearly stated you "strained" your back and they compensated you for your time and medical bills. They are saying you are healed.
If you are after any extra compensation it's up to you and your lawyer to prove otherwise. A lawyer's time and costs are billed to the loser of any case.

If you actually wind up losing the claim in court, it will be you on the hook for all the costs of both attorneys, court fees plus any specialists e.t.c. You can't just file bankruptcy and shake off lawyers, they will sue you as a debtor and put a lien on your house or even go as far as to sue your estate if your dead. Example of this is Jesse Ventura's lawyer going after (The american sniper)Kyle's estate.
In other words, you really gotta make sure it's worth everybody's time and expense to prove your case to a judge.

Then you gotta win.

T/O

Train Operator since 2003's picture

Ok I have a couple suggestions;

#1 Run this by a lawyer and see what they say.
#2 Run this by a second lawyer if you don't like what the first has to say.
#3 Run this by a third lawyer and contemplate your options from the opinions you have received.

B.A.R.T. clearly stated you "strained" your back and they compensated you for your time and medical bills. They are saying you are healed.
If you are after any extra compensation it's up to you and your lawyer to prove otherwise. A lawyer's time and costs are billed to the loser of any case.

If you actually wind up losing the claim in court, it will be you on the hook for all the costs of both attorneys, court fees plus any specialists e.t.c. You can't just file bankruptcy and shake off lawyers, they will sue you as a debtor and put a lien on your house or even go as far as to sue your estate if your dead. Example of this is Jesse Ventura's lawyer going after (The american sniper)Kyle's estate.
In other words, you really gotta make sure it's worth everybody's time and expense to prove your case to a judge.

Then you gotta win, good luck with whatever you do.

T/O