Two incidents in Massachusetts in February have highlighted the persistent dangers associated with transit systems, underscoring gaps in safety measures and protocols. Riders as well as pedestrians are always at risk of being injured due to events outside of their control. When the cause of an accident is negligence by a bus or train operator or by other transit personnel, the victim or their family can pursue monetary compensation.
In East Somerville, just after midnight on Feb. 9, a collision between two Green Line trains at the Massachusetts Bay Transportation Authority (MBTA) station resulted in injuries to five people. One train, moving at a low speed, hit a parked train, causing cars on both trains to derail. The injured victims were passengers on the in-service train. The incident came less than four months after a Green Line derailment accident last October, caused by a driver going three times the speed limit. Seven people were injured in the resulting collision.
In Tewksbury, on the morning of Feb. 24, a Lowell Regional Transit Authority bus struck and killed a pedestrian just outside the Stadium Plaza shopping center. The bus then continued on its route into the center, eventually stopping in front of a retail store. The pedestrian was found dead at the scene. Police released no details about how the accident occurred or why the bus driver appeared to have been unaware of havinghttps://patch.com/massachusetts/tewksbury/pedestrian-killed-tewksbury-accident-report hit the victim.
Following such incidents, investigations are conducted by various agencies to uncover the root causes, whether they be human error, mechanical failure or systemic issues in transit operation protocols. The National Transportation Safety Board (NTSB) often leads these inquiries. When a death occurs, the county district attorney heads an investigation with assistance from state and local police.
For the victims of these accidents, and for families of those tragically killed, the path to legal remedy involves several steps. Lawsuits can pursue compensation for medical expenses, lost wages, pain and suffering and other damages.
Claims against the MBTA have special rules in Massachusetts. These rules involve two year notice provisions and potential limits on recovery. Fortunately, the recovery limits can be overcome if the details of the injury warrant. See Feinberg & Alban’s website page on Massachusetts Subway and Transit Accidents. It discusses the changes affecting accident victims of MBTA negligence as set out in Massachusetts General Laws, c. 258, s.2.
The assistance of an experienced train or transit accident attorney is invaluable in such cases. An attorney conducts a vigorous investigation, parallel with the inquiries of government agencies, to gather vital evidence and to engage experts to analyze the accident and its causes. An attorney also takes action to determine the full extent of the victim’s injuries and, in the case of a fatality, the anguish that the victim may have suffered prior to death. The attorney represents the plaintiffs in negotiations and in court proceedings with the goal of obtaining fair and deserved compensation.
The lawyers at Feinberg & Alban, with offices in Boston, Brookline and Worcester, have a strong record dedicated advocates for transit accident victims. We represent clients throughout eastern Massachusetts. Call us at 617-232-5950 or contact us online to set up your free initial consultation.