On Thursday morning at roughly 5:40 am an East Boston woman was walking on Everett Street near the Tobin Bridge in Chelsea when she was stuck by an MBTA bus. She would later be pronounced dead. It is unclear as to whether or not she was in a crosswalk at the time she was struck.

The bus driver has been with the MBTA for 12 years, and was tested for drugs and alcohol following the crash.

Legally, if it is shown the decedent darted out into traffic, leaving the bus driver no time to avoid hitting her, then there likely would not be any liability against the driver or the MBTA. In Massachusetts, if an employee is negligent, the employer of that employee can too be held liable under a legal doctrine called respondeat superior, or sometimes referred to as vicarious liability. Also, absent other information, it is unlikely the driver will be charged criminally for the death of the pedestrian.

However, if it is shown that the bus operator was negligent, then he and the MBTA can be sued for wrongful death. This civil lawsuit would be filed for the estate of the decreased woman. It would seek financial compensation.