
Looking around the net for "BART ACCIDENTS" I came across the site www.BART Rage.com - A site to share both negative and positive BART experiences. I added this comment to a post from another BART patron who experienced a different
kind of accident:
SAKANTA RUNNING WOLF'S Comment:
Almost six months ago the BART automatic ticket gate (aka Fare Gate) slammed closed on my upper leg. EXCRUCIATING pain for about 30 seconds. Three weeks after the impact I am in the hospital with a hematoma. Bled twice extensively before becoming really enlarged,inflamed and infected in the last 2 months. - Acute Care, 2 overnight emergency ward stays, 6 acute surgery clinic visits, cat scan, sonagrams, MRI, biopsy, scheduled for surgery. Pain, fever, loss of work, mobility problems, possibility of blod clot breaking off and causing a stroke or heart attack. I shared the accident with only a few friends and acquaintances and found out about other adults being hit also by the ticket (fare) gate pinchers. I then asked two BART employees in different stations if they knew of others being slammed by the pinchers. I was told CHILDREN are hit in the HEAD! SO, my motivation is two fold. 1) Fair compensation. 2) To alert the public to the danger to adults and children.
LEGAL STUFF: One needs to file a claim with the BART Risk and Insurance Management Office before the 6 month statute of limitations. This is different than the incident report filed on the spot. I also recommend you at least do an initial consult with a lawyer so you are aware of your legal options. Personal injury lawyers charge a percentage which means there is no cash outlay. You can also represent yourself, and that sometimes means a larger settlement in your pocket. If you do not have a lawyer the BART process is that you will be contacted by BART Claim Administrators to make a recorded statement and for permission to look at your medical records. I would rather do this with a lawyer. How do I know all this? I started calling personal injury lawyers. Then I found some specializing in BART cases. BART informed me of the procedure about filing and the next step of the administrators. In an attorney consult (free) I was told I do not need to see the administrators without an attorney present; They will then automatically deny my claim, and I have six months to make a legal case. I also recommend you make enough calls to lawyers to find one who has compassion, integrity, and the expertise. It took me 10 calls to find someone like this. You can see my blog at www.BartTicketGateAccident.Blogspot.com
Sakanta Running Wolf
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