Cambridge Train Accident

Riding the train is a daily necessity for thousands of Massachusetts residents, especially those that have to commute via the T from within Boston and its surrounding neighborhoods or from the Greater Boston areas via the MBTA Commuter Rail. Train travel is usually quite safe compared to other forms of travel, but when injuries occur, you may have a right to seek financial compensation. The Cambridge personal injury attorneys at Altman & Altman LLP can help you get started on filing a claim today.

According to the Federal Railroad Administration, Massachusetts had the 15th highest rate of train fatalities in the country in 2016, and nearly 1,000 pedestrians died on railways in the same year total. Some of these are tragic suicides or the result of blatant trespassing, but other incidents are not so clearly defined.

When a train accident occurs on a railway in Massachusetts, the general laws state that – if the victim was injured while on the train tracks – this constitutes an incident of trespassing, as no pedestrian should be walking or otherwise located on the tracks. However, this interpretation can be overturned through legal action if the victim can prove reckless conduct on behalf of the train operator or the entity responsible for the railway, such as the MBTA.

What Could Constitute Reckless Conduct in a Train Accident?

Reckless conduct has a higher burden of proof than simple negligence. Acts of negligence can occur unknowingly, or by accident, such as in the case of a train conductor accidentally leaving a train door open, resulting in a collection of snow at the entryway that causes a slip and fall injury.

Reckless conduct, or gross negligence, is much more serious and usually involves an awareness of the danger posed to individuals by actions taken or not taken by responsible parties. An incident of gross negligence could be something like the MBTA knowingly sending a train on a route where a section of track is damaged or not performing correctly – which then results in a derailment or major crash. Another example could be a train conductor that causes a crash or a violently sudden braking incident because they were distracted by their cell phone.

Some other incidents where you may be able to pursue legal action against the MBTA or other railway entity for an injury caused in a train accident could include:

• A train operator working while distracted or under the influence of alcohol or other drugs, or operating while too tired to adequately perform their responsibilities.
• Train malfunctions such as worn out brakes, engine fires or door malfunctions that cause injuries and were knowingly left unfixed by the MBTA or other railroad entity.
• Accidents caused by failure to properly maintain train tracks, such as electrical relay switches or damage to physical rails.
• Reckless train operators who fail to stop at designated areas or run the train at excessive speeds, potentially causing accidents or derailments/sudden stop incidents that cause injuries to passengers inside.
• Incidents at railway crossings where a gate malfunctions and traps your vehicle, or a malfunctioning gate injures you as a pedestrian.
• We can get your life back on track

As with any injury, incidents involving trains can cause debilitating harm to your life and your career. Serious train injuries can also be life threatening or fatal incidents, resulting in possible wrongful death claims. You can rest assured that whether you were badly injured or even if you lost a loved one due to a reckless train incident, the attorneys at Altman & Altman LLP can help you recover some of what was lost through a personal injury claim.

We have over 50 years of experience advocating on behalf of our clients in Cambridge, Boston and all throughout Massachusetts. We will take the time to gather the facts of your case and get started on a personalized legal strategy to ensure the best chance at a successful result.

Contact us online or call for a free consultation to go over the details of your case today at 617-492-3000 or toll-free at 800-481-6199. We are available 24/7.