Massachusetts Lawyer Blog

If you are Massachusetts passenger injured in a commuter train accident (or MBTA bus or trolley accident), then several options for compensation may be available to you. You may have an actionable claim (i.e., for negligence) against the train’s operator or owner, as well as claims against other responsible parties.

You must, however, take action in a timely manner. If not, your claims or compensation rights will be forfeited. Massachusetts General Laws (M.G.L.) Chapter 161A, Sec. 38 states, in part, “The authority [MBTA] shall be liable … for personal injury and for death … in the same manner as though it were a street railway company.” Additionally this section establishes a two year statute of limitations for these claims.

Although a report from the Association of American Railroads indicates Massachusetts experienced a 21% decline in train accidents between 2006 and 2007, train accidents continue occurring and may involve serious injuries or fatalities as demonstrated by recent events.

Recently headlines discuss multiple fatalities involving Amtrak trains. Last evening a commuter rail crash took place involving estimates between 100 to 300 people. Injuries were reported to range from a broken leg to back or spine injuries, with details still unknown. Due to the large number of passengers involved, at least three different medical facilities provided care: Caritas Hospital in Norwood, Good Samaritan Hospital in Brockton, and Milton Hospital in Milton, Massachusetts.

This commuter train was apparently struck by a runaway freight train. The freight train, loaded with lumber, was believed to have “rolled” for two to three miles before crashing into the commuter train.

Channel 5 News reported a, “freight train car rolled into a commuter train in Canton on Tuesday afternoon, injuring several people.” FOX video shows the scene of the crash and includes reactions from some passengers.

Dealing with the MBTA on your personal injury claim can be challenging. Your case deserves the attention of an experienced attorney to distinguish your case from the many others being reviewed by the MBTA’s lawyers. In fiscal year 2008, the MBTA law department had a total budget of just under $5.5 million dollars and was expected to handle between 4,000 to 5,000 claims and settle over 1,000 of these while being involved in over 500 lawsuits.

The legal and administrative issues arising with the MBTA are not for the uninitiated. These cases may generally take time to resolve and can also be delayed by fiscal policies related to the timing of settlements and available government funding.

In Massachusetts, several state laws can apply to train accident victims. If you’ve been injured in a train accident, then don’t go it alone. Contact us to review your case and to determine your compensation rights before it’s too late.