Massachusetts Injury Lawyer Blog

UPDATE (4/18/08): The MBTA has filed suit against CSX Transportation and Cohenno lumber company of Stoughton, Massachusetts. The suit alleges that the runaway freight car did not have its hand brakes set, that chocks were not in place, that lumber yard were moving the car improperly, and that the derailing devices were not properly used on the tracks. As a result, the fully loaded freight car, weighing approximately 112 tons, left the yard and traveled approximately three miles before striking the commuter train with hundreds aboard. The accident injured around 150 passengers.

The MBTA claims that the crash as cost it over $1 million in property damage and overtime expenses. Passengers who suffered personal injuries are not part of this case.

MORE: Boston Globe April 18, 2008

ORIGINAL BLOG: It looks like an alert train engineer acted quickly and helped reduce what could have been an even more serious accident on the MBTA Stoughton commuter rail line on March 25th. According to news reports, the evening commuter train was outbound from Boston with approximately 600 passengers. A track signal warned that a car was on the tracks ahead, and the engineer was able to stop the train. However, he was not able to avoid the collision with the runaway freight car which hit the engine head-on.

At least 150 people were injured in the train accident. It has been reported that the injuries were not serious, except for the engineer. Standing passengers were thrown to the floor. Cuts from head injuries were common, people suffered broken noses, facial cuts, twisted ankles, neck injuries, and back injuries. Passengers were dazed from the impact. Area ambulance crews and local emergency rooms were overwhelmed.

The cause of the accident appears to be a runaway freight car loaded with lumber. News reports indicate that the freight car was parked at a lumber yard. It apparently rolled from the yard, and had sufficient momentum to roll for miles down the track before colliding with the train.

The cause of the accident is under investigation, but this much is known. When a freight car is left at a customer yard on a track spur or siding, it needs to be parked and secured properly. Three things are required: the hand brakes must be set, the wheels must be block (or "chocked"), and a derailing device must be placed to prevent the car from leaving the yard. Somehow, despite these safety requirements, the heavy freight car did enter the main train line and cause the crash.

If the MBTA commuter rail train had not stopped before the crash, the accident would have been much more severe. As it was, the commuters reported that it felt like the train had "hit a wall."

News Stories
Freight car rams commuter train, injuring 150, Boston Globe, March 26, 2008
Scores injured in Canton commuter rail crash, Boston Herald, March 26, 2006

A series of tractor-trailer accidents in Massachusetts reminds us of just how serious truck accidents can be. The latest, on March 20th, caused injuries to the driver himself and another motorist. For thousands of others it was traffic-snarling nightmare, when the tractor-trailer carrying paint flipped on the Mass Turnpike during the morning commute. Rush hour traffic was backed up for ten miles.

Other recent crashes have been much more serious. On March 17th, a college student was killed when he was struck while crossing the street in a crosswalk in Cambridge after he was hit by a tractor-trailer. News reports indicate that the truck was operated by Shaws supermarkets. In Massachusetts, under G.L. c.89, Sec. 11, pedestrians have the right of way when crossing in a crosswalk.

The most spectacular crash, thankfully one that only caused property damage and not injury, occurred in Everett in the early morning hours of December 6, 2007, when a loaded fuel tanker rolled over in a rotary. The contents spilled and ignited, then flowed down the street setting cars and homes on fires. Dozens of cars were destroyed, along with several buildings. Thirteen families were left homeless, and a hundred elderly residents were evacuated from their homes. The area "looked like a war zone."

Defensive driving techniques are one way you can help avoid injury to yourself. A common winter hazard is the collection of ice and snow on the top trucks traveling on the highways. These accumulations can become missiles when they lift off at high speeds, easily crashing through windshields causing serious physical injuries and head injuries. Report any such violations to the police. Watch out for loads that might shift or which are loose, and do not follow loaded trucks closely. Remember, trucks have large turning and long stopping distances, and can weigh over fifty tons.

For more information, visit the Federal Motor Carrier Safety Administration safety website.

If you need a lawyer to handle your truck accident case, please contact us toll free at 1-800-379-1244, or use the contact form on this page. For more information on choosing a truck accident attorney, visit our page on Hiring a Lawyer for Personal Injuries Caused by Trucking Accidents.

When your doctor makes a mistake, it is only fair to expect to get a truthful explanation about what happened. After all, there is the Patient Bill of Rights under state and federal law. There are professional ethics. And then there is plain old human decency. All of them tell us that our physicians and other medical practitioners should quickly tell you about any mistakes they made, especially if your medical treatment is affected.

Well, we're sorry to tell you that the truth can be an elusive stranger. In our practice we have seen altered and destroyed medical records and more than a handful of lying witnesses. When one of our clients was left on the table during his twelve hour back operation so his surgeon could go cash a check, nobody even told him what the doctor did or that his doctor had his hospital privileges immediately revoked.

Now Massachusetts doctors and hospitals are proposing legislation that will shield admissions of liability for admission at trial as long as they use the magic words "I'm sorry" when they explain what went wrong. So, for example, if the doctor says to his patient, "I'm sorry I cut off the wrong leg," you could not quote him in court.

There are two pending bills under review at the Legislature which would shield medical admissions from being used at trial.  We oppose this legislation. We encourage doctors and hospitals to recognize their moral obligations to be open and honest with their patients. If there is negligence, that is what insurance is for.

Protect your rights, and oppose this legislation and other bills that would restrict your rights as a victim of medical malpractice.

If you believe you have suffered personal injury due to medical error, it is essential that you promptly obtain your medical records. Under Massachusetts law, you have the right to get a copy of your hospital and physician records.  The procedures is not complex, though sometimes there can be delays.

For details on how and why you should get you records after you may have suffered an injury due to medical malpractice, please read our detailed article on our medical malpractice web page.

What Should You Do If You Have A Medical Malpractice Case?


The lawyers at Breakstone, White & Gluck, PC have many years of experience representing
medical malpractice victims. If you think medical malpractice has caused you an injury, or caused wrongful death to a family member, you should promptly contact a qualified malpractice lawyer. Learn more about choosing a Massachusetts medical malpractice attorney