A&B on elderly and disabled person

yes you can retain counsel to pursue this now.It would make your case stronger if the driver was convicted of the crime, but that isnt necessary. 

Yes, there is no requirement that one wait for a criminal prosecution to be over before filing a civil lawsuit.  Although the judge may later stay the case pending the outcome of the criminal case, that is not a given, and by starting the case, even if it is later stayed, you will not have to worry about the statute of limitations.  Be aware that in most jurisdictions there are special requirements and additional procedures for suing a municipal agency. If you have a good case, I'm sure you'll be able to find an attorney who will take  it on a contingency basis. As for a restraining order, I don't know what type of restraining order you mean.   Who or what do you want to restrain, and what basis do you have tor such relief?  If you mean a restraining order which relates to the defendant's finances, for example an order restrining the bank from distributing funds from someone's account, such an order is generally not available until you win your case and obtain a judgment.  I don't know of any basis you would have to obtain such an order pre-judgment.  If you mean an order restraining someone from doing something, for example enjoining the MBTA from allowing that driver to drive that route pending the outcome of hte case, I'm not sure what you have in mind or the basis for it.  In order to obtain such pre-trial relief you generally need to show (a) that you are likely to succeed on the merits of your case; (b) that you will be irreparably harmed absent such an injunction; and (c) that the balance of the equities tips in your favor.