Boston Injury Lawyer Blog

As our Boston MBTA accident lawyers at Altman & Altman, LLP know, the injuries and damages from a serious train crash can be devastating. Just yesterday in Washington DC, at least 9 people died and over 70 people were taken to local hospitals after one subway train rammed into another train during the rush hour commute.

The force of impact from one train colliding with the other was so strong that the striking train became compressed to approximately one-third its actual size, and a number of people were crushed to death. Rescuers had to use a crane to locate some of the bodies and firefighters had to use other heavy equipment to cut open the cars and rescue the survivors that were trapped inside.

8 of the people that died were train passengers. Jeanice McMillan, the train operator of the striking train, was also killed in the deadly train collision.

The National Transportation Safety Board is trying to determine the cause of the deadly train crash. Some of the possible factors under consideration include signal failure, mechanical problems, computer failure, and train operator error. Investigators are working to retrieve recorders from the train that was hit. The train that initiated the collision, however, is an older train that does not come with this device.

NTSB official Debbie Hersman says that a few years ago, the NTSB had recommended that the older fleet either be retrofitted or phased out. Back then, the NTSB noted safety problems involving trains rolling back on the tracks and operators being unable to stop the them.

Hersman says it is “unacceptable” that Metro did not act on the recommendations. Metro says that it has, however, upgraded the emergency exits and braking systems of the older trains. The striking train in Monday’s crash belongs to the 1000 series of trains that, according to the Washington Post, is now being phased out. These trains make up 30% of the Metrorail’s train fleet. Officials are calling Monday’s train collision the worst in the Metrorail’s history.

NTSB: Train in crash was recommended for phaseout, Boston.com, June 23, 2009

Nine Killed in Red Line Crash, The Washington Post, June 23, 2009

Related Web Resources:
Massachusetts Bay Transportation Authority

Metro Home Page

Continue reading "Boston MBTA Accident Attorneys: Deadly DC Train Crash Kills at Least 9 People and Injures Over 70 Others" »

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Last Thursday, the Massachusetts Senate included and approved in its version of the state budget an amendment banning Internet use while driving—this includes text messaging, emailing, or surfing the Web while operating a motor vehicle. Bus drivers, train operators, trolley drivers, and the drivers of other public transit vehicles would be banned from holding a cell phone while driving and would only be allowed to carry the device for emergency purposes. Transit drivers that violate the ban would be fined $500. Drivers would have to pay an insurance surcharge, in addition to a $75 fine.

The amendment is intended to prevent Massachusetts motor vehicle accidents from occurring because motorists are texting while driving and comes one day after Rebecca Solomon, a Methuen teen driver, died in a single-car collision. Police are trying to determine whether the 18-year-old high school senior was texting while driving.

Earlier this month, the MBTA imposed an emergency cell phone ban on its vehicle operators following a multi-trolley crash occurred right after the trolley driver had been text messaging with his girlfriend. Nearly 50 people were injured in the Boston MBTA accident.

According to a study commissioned by Vlingo, a Cambridge, Massachusetts speech-recognition technology maker for cell phones, 1 in 4 US drivers say they text message while driving, with younger drivers more likely to engage in this form of distracted driving behavior than their older counterparts. Among those surveyed:

• Almost 60% of teen drivers say they text and drive.
• 49% of 20 – 29 year-olds send and receive texts while operating a motor vehicle.
• 13% of motorists over 50 text while driving.
• 83% of the 4,816 online survey participants think texting while driving should be banned.

Time and again, texting while driving is proving to be a dangerous habit that can cause serious motor vehicle injuries or deaths. Teenagers that text while driving are a high-risk group when it comes to getting involved in or causing a Boston motor vehicle crash. A new Nielsen study says the average teen sends almost 80-text messages daily. The habit, which even adults find hard to break, can prove fatal when an inexperience teen driver is texting while behind the steering wheel of a car.

Massachusetts Senate Budget Bans Texting while Driving, Insurance Journal, May 26, 2009

Mass. high school student dies in car crash, Telegram.com, May 21, 2009

Driving While Texting Still Popular Despite Bans: Survey, VOXEO, May 20, 2009

Related Web Resources:
Cell Phone Driving Laws, GHSA

National Safety Council

Continue reading "Boston Personal Injury Law Firm: Massachusetts Senate Approves Amendment Banning Texting and All Internet Use While Driving" »

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Posted In: 15-Passenger Van Accidents , Bus Accidents , Car Accidents , Injuries to Minors , Pedestrian Accidents , Train Accidents

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The Daily News Tribune says that during the time it takes to compose and send a simple text message while driving (requiring the driver to take his or her eyes off the road), a motor vehicle will likely have traveled the length of a football field—enough time and distance for at least one motor vehicle crash to occur.

On Friday, a Boston Green Line MBTA train did more than that when its operator, who was sending a text message to his girlfriend, ran a red light, causing a multi-trolley crash and injuring at least 46 people. Three of the trolleys involved in the Boston train accident were totaled, and another trolley was damaged.

According to the MBTA, Quinn, an Attleboro resident, failed to step on the brakes soon enough. He will likely be fired and could face criminal charges. As an aside, his private driving record indicates that he was cited for speeding three times—in 2002 and 2007.

The MBTA prohibits its drivers from using their cell phones and similar devices in any capacity while driving. Yet this rule is often ignored. At least 9 MBTA trolley operators and bus drivers have been suspended for talking on cell phones or texting while on the job. Over the weekend, MBTA officials said its drivers are going to be banned from even carrying such devices while at work.

Texting While Driving
Text messaging while driving any kind of vehicle is considered dangerous, and some states have put laws in place to ban texting and/or talking on the cell phone while operating a motor vehicle. In Massachusetts, only school bus drivers are banned from talking on a cell phone while driving.

According to a 2006 National Highway Traffic Safety Administration study, driver distraction during the three seconds prior to a motor vehicle crash is the number one cause of 78% of auto crashes and near collisions. Dialing a cell phone, reading, and applying makeup are the three activities that appeared to increase the risk that a driver might be involved in a car crash by three times. Texting while driving has been cited as a reason that some fatal train accidents and deadly motor vehicle crashes have occurred over the past few years.

Not only does texting require that a driver not look at the road while composing or reading a text message, but he or she will likely have to take at least one hand off the steering wheel to hold or operate the cell phone or PDA device. In order to avoid causing a Boston train accident or a Massachusetts car crash, drivers must have both eyes on the road at all times, with both hands controlling the steering wheel and their mind focused on the task at hand—which is to drive safely.

Negligent driving by an MBTA trolley operator can be grounds for an MBTA train accident lawsuit.

Editorial: The dangers of texting while driving, The Daily News, May 12, 2009

City man driver in T crash, The Sun Chronicle, May 12, 2009

Related Web Resources:
T crash puts spotlight on hiring criteria, Boston.com, May 12, 2009

Cell Phone Driving Laws, GHSA

MBTA

Continue reading "Boston Green Line Train Crash that Injured Dozens is A Reminder of Why Text Messaging And Driving Don’t Mix" »

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Posted In: Car Accidents , Train Accidents

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According to the Boston Herald, T substance abuse test results in the last three years show that 77 MBTA trolley operators, bus drivers, and train operators had tested positive for alcohol or drug use. Despite these results, only 21 of these MBTA workers were fired, while 2 other employees resigned.

Substance abuse by MBTA workers became an issue of scrutiny last month after trolley operators involved in two separate Green Line trolley crashes were fired after they took drug tests after the accidents and failed them. The MBTA has a two-strike policy for workers caught using substances.

The T randomly tests all workers employed in positions considered “safety sensitive." Anyone who fails testing is suspended for 40 days without pay. However, unless a vehicle crash or train collision is a factor, the worker usually gets a second chance.

Out of the 77 workers that did not pass T’s random drug testing, 54 of them received the 40-day suspension penalty but kept their jobs. About 8,700 MBTA workers have undergone random testing since 2006. Of the 21 employees that were fired, three of them were street car operators, 12 of them were bus drivers, and two of them were train operators.

Critics of this two-strike policy say that the MBTA should have a zero-tolerance policy for alcohol or drug use. Some 1.3 million rides occur on MBTA buses, trains, and trollies each week. A drugged out bus driver or a drunken trolley operator can cause serious injuries to train passengers, motorists, and pedestrians if their impairment prevents them from operating their vehicle properly and safely.

MBTA passengers injured in bus collisions, train accidents, or trolley crashes may have grounds to file an MBTA injury claim if their accident occurred because the T operator acted negligently or carelessly. The MBTA is required to hire qualified workers who will do their jobs in a manner that protects passenger safety. Failure to fulfill this duty can be grounds for a Massachusetts personal injury case.

T Workers Who Failed Drug Tests Still On Job, WCVB, December 17, 2008

Review: 54 MBTA workers failed drug tests but still on job, Boston Herald, December 17, 2008

Related Web Resources:

Massachusetts Bay Transportation Authority

T suspends, will fire two after Green Line crashes, Boston Herald, November 22, 2008

Continue reading "54 MBTA Workers Kept Their Jobs After Failing Alcohol and Drug Tests" »

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A Massachusetts Transportation Bay Authority spokesperson says that two MBTA workers who were involved in separate Green Line train accidents over the last week tested positive for alcohol or drugs. Both employees have been suspended without pay until the formal process for firing them is concluded.

In one of the Massachusetts train accidents, seven people were taken to local hospitals after they complained of neck and head pain following a rear-end crash between two trolleys at Boylston Station last Friday. The 39-year-old operator of the trolley that rear-ended the other trolley tested positive for cocaine.

On Monday, a Boston College student who was wearing headphones while crossing the railroad tracks was struck by an MBTA train. Michael Cordo sustained facial lacerations and serious head injuries. Witnesses say that Cordo did not hear the train operator blow the horn. The 33-year-old rear-car operator tested positive for alcohol at a level above the MBTA’s .02% limit.

Although alcohol or drug use is not cited as the cause of either train crash, the fact that the two workers that were involved in the recent train accidents tested positive for substance use raises questions about how much substance abuse occurs among MBTA workers. Everyday, thousands of Massachusetts commuters ride in trains operated by MBTA employees who are entrusted with safely transporting them to their destinations.

Impaired Driving
It is dangerous to operate a car, train, bus, motorcycle, truck, or any other motor vehicle while driving under the influence of alcohol or drugs. Drunk or drugged driving affects a driver’s reflexes and ability to think clearly and can increase the chances of a motor vehicle crash occurring. A Massachusetts train collision can result in serious personal injuries for hundreds of train passengers and other motorists and pedestrians.

2 at T may be fired in crashes, Boston.com, November 21, 2008

College student struck by Green Line train, BostonHerald.com, November 17, 2008

Trolley collision injures 7, delays Green Line, Boston.com, November 14, 2008

Related Web Resources:

Massachusetts Bay Transportation Authority

Trolley Drivers Undergo Seven Weeks Of Training, WBTZ.com, May 29, 2008

Continue reading "2 MBTA Workers Involved in Separate Massachusetts Train Accidents Test Positive for Substance Abuse" »

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Min Perry, a woman who sustained serious injuries in the last month’s Green Line train crash in Newton is suing the Massachusetts Bay Transportation Authority for personal injury.

Perry sustained leg fractures and other injuries after she was pinned underneath scrap metal when the Green line trolley she was riding in collided with another train on May 28. Special equipment had to be used to extricate the 37-year-old accident victim, who was sitting behind the train operator, from the wreckage.

Several other people sustained serious injuries, and the train operator, 24-year-old Boston resident Terese Edmonds, died in the crash.

Investigators continue to probe into what caused the crash. Contrary to early speculation, numerous tests proved that Edmonds was not talking on the phone when the crash happened.

Common kinds of train accidents:

• Single train crash
• Multi-train collision
• Train crashes involving cars, trucks, motorcycles, or buses
• Train accidents involving pedestrians
• Trains caused by human error, whether the train operator, a train conductor, another motorist, or the train station.

Woman trapped in deadly crash sues MBTA, BostonHerald.com, June 26, 2008

Woman Injured In Green Line Crash Sues MBTA, WBZTV.com, June 25, 2008

Related Web Resources:

MBTA

Conductor Killed In Newton Train Collision, WBZTV.com, May 29, 2008

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In Suffolk Superior Court in Massachusetts, three people who were injured on March 25 when a runaway freight train hit an MBTA commuter train in Canton, have filed a personal injury lawsuit against the Massachusetts Bay Transportation Authority, the Massachusetts Bay Commuter Railroad Co., CSX Transportation, and Cohenno Inc.

150 people were hurt in the accident that happened after a shipping depot allegedly neglected to secure a freight car on its property, causing it to escape from the yard, roll onto the Stoughton rail line, and strike the rush hour train.

Some 120 people had already filed claims against the MBTA, and this is the first personal injury lawsuit. The plaintiffs are Easton resident Vickie Beaulieu, Stoughton resident Jennifer Kimbrel, and Canton resident Mary Ellon Gleason.

The MBTA has already filed a lawsuit against CSX Transportation, the rail freight carrier that is accused of not properly securing the freight car and Cohenno Inc., the owner of the depot that was supposed to house the car.

All three plaintiffs of this Massachusetts train accident lawsuit were passengers on the commuter train. They say that they suffered “severe, grievous, and permanent injuries” and are accusing the defendants of negligence, carelessness, and recklessness.

Train accidents can result in serious personal injuries. Just last week, several passengers were injured and the MBTA train operator was killed when a commuter train rear-ended another. Federal investigators are now reporting that the operator, Terese Edmonds, may have been speeding before the Green Line train she was operating slammed into the other train.

Train sped before crash, NTSB says, Boston.com, June 1, 2008

Investigators Rule Out Track, Brake Problems In Train Crash, Courant.com, June 5, 2008

Related Web Resources:

MBTA Files Lawsuit Over Canton, Massachusetts Train Accident that Injured 150 and Caused Property Damage, Altman & Altman LLP

Massachusetts Bay Transportation Authority

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In Newton, Massachusetts, eleven National Transportation Safety Board investigators are examining the Green Line Trolley that rear-ended another train yesterday. The deadly Massachusetts train accident left an MBTA operator dead, seriously injured seven passengers, and had emergency medics treating five other people at the crash scene for cuts and bruises. Some other passengers that had left the accident scene on their own checked themselves into hospitals later.

The train operator, 24-year-old Boston resident Teresa Edmonds, died at the accident scene. Rescue workers finally managed to remove her body from the train wreck about 7 hours after the crash.

The Massachusetts train collision occurred around 6pm during rush hour on Wednesday when a two-car outbound Green Line train ran into another two-car train that was stopped at a red light signal. Both trains were leaving Boston.

About 200 people were on both trains at the time of the collision. A number of passengers were thrown from their seats.

The federal investigators are here to analyze the condition of the signals and the track, the performance of dispatchers and trolley operators, and the emergency response.

The Federal Railroad Administration's Office of Safety Analysis says 951 people died and over 11,000 others got hurt in the 14,355 train accidents that occurred in 2002.

Investigation begins into fatal crash on Green Line, Boston.com, May 29, 2008

Trolley operator dies after collision in Newton, Boston.com, May 28, 2008

Eight injured in Green Line train crash in Newton, Mass., The Daily News Tribune, May 28, 2008

Related Web Resources:

MBTA

National Transportation Safety Board

Continue reading "MBTA Two-Train Crash Kills Train Operator and Seriously Injures Several Passengers" »

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The Massachusetts Bay Transportation Authority is suing CSX Transportation and Cohenno Inc, a Stoughton lumber company, and is accusing them of negligence, for allegedly causing a 112-ton freight car to crash into a commuter train in Canton on March 25. The MBTA wants CSX and Cohenno to pay for repairs to the damaged train and cover overtime costs incurred by the MBTA and any other expenses as a result of the train collision. Damages are estimated at up to $1 million.

The freight car had escaped from a lumber yard in Stoughton, where it flew down three miles of train track before striking an MBTA commuter train and injuring 150 people. 120 people have already filed injury claims with the MBTA.

The lawsuit accuses both companies of failing to execute several basic security measures that would have prevented the Massachusetts train accident from happening. The MBTA is accusing CSX workers of failing to set the hand brake on the freight car and not putting a choking device next to its wheels—that would have prevented it from rolling—after delivering the car to the lumber company and storing it on a side rail.

The lawsuit alleges that Cohenno workers lost control of the freight car while trying to move it, which caused it to roll onto the tracks. The son of Bob Cohenno, the lumber company owner, however, says that workers did not try to move the freight car while it was in the yard.

The MBTA is also accusing CSX employees of failing to properly secure a steel gate that seals off the lumber yard from the commuter train tracks and not properly setting the derail device, which could have derailed the freight train so that it wouldn’t have run into the main rail line.

The MBTA alleges that the CSX has a habit of leaving freight cars without activating their hard breaks. According to the lawsuit, none of the freight cars at the Cohenno lumber yard on the day of the crash were properly secured.

MBTA sues over commuter rail crash, Boston.com, April 18, 2008

No immunity in train accidents, Boston.com, March 26, 2008

Related Web Resources:

Train crash response 'seemed to just flow', Boston.com, April 3, 2008

Massachusetts Bay Transportation Authority

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Nine people were hurt in Boston, Massachusetts on Thursday after one Green line train rear-ended another trolley on Thursday. All nine people were transported to the hospital for medical care. Two of the victims were taken away in stretchers.

The train accident took place at a Boston platform at the Boylston Street station where one train came in and rear-ended another train parked there. One of the train cars was derailed.

Two of the injured victims were trolley operators. An MBTA (Massachusetts Bay Transportation Authority) Green line employee was also among the injured. All nine people complained of neck and head pains.

Investigators are trying to determine the cause of the train crash.

Train Accident Statistics:

The Federal Highway Administration says that at least one train accident takes place somewhere in the United States every two hours. Over 2,700 train collisions occurred in the US in 1999, with 900 fatalities resulting.

Train operators are required to exercise a duty of care when transporting passengers. That’s because a train is a common carrier. Like buses, cruise ships, trucking companies, and airlines, trains must make sure that all passengers arrive at their destinations safely—failure to do so can leave the common carrier and common carrier company liable.

When someone is injured in a train crash because of the negligence of the train operator or because of a train malfunction, the injured party may have grounds to file a personal injury claim or lawsuit against the train operator, the train company, or any other parties that are deemed liable.

Common causes of train accidents:

• Train derailment
• Train collision involving more than one train
• Mechanical failure
• Faulty train signals
• Mechanical failure
• Conductor or operator negligence
• Driver fatigue

Nine hurt in Green Line collision, Boston Herald.com, December 14, 2007

Riders hurt in Green Line accident, Boston.com, December 13, 2007

Train Accidents Overview, Justia.com

Related Web Resources:

Massachusetts Bay Transportation Authority

Federal Highway Administration

Continue reading "Nine People Injured In Massachusetts When Two Green Line Trains Collide" »

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