Massachusetts Injury Lawyer Blog

The Federal Government is taking a firm stand against the dangers caused by texting drivers. U.S. Transportation Secretary Ray LaHood announced Tuesday that, effective immediately, commercial bus and truck drivers are prohibited from texting while driving. Texting truck and bus drivers face civil or criminal penalties of up to $2,750. 

The goal of the new law is to reduce truck accidents and motor vehicle accidents caused by distracted driving.  According to the Federal Motor Carrier Safety Administration, drivers take their eyes off the road for an average of 4.6 seconds out of every six seconds while texting.  This means drivers who text are more than 20 times more likely to get in an accident than nondistracted drivers.

This is not the first move that the government has made to reduce the dangers of texting drivers.  Nineteen states have passed laws banning texting while driving.  President Obama has also signed an executive order requiring federal employees not to text while driving government-owned vehicles or with government-owned equipment. 

The attention on texting comes after several high profile accidents caused by texting motor vehicle operators.  In September 2008, a California commuter train engineer missed a stop signal while trading text messages with a friend, leading to a train accident resulting in the wrongful death of 25 people.  In May 2009, 62 people suffered personal injury after a Massachusetts Bay Transportation Authority trolley driver collided with another trolley while texting.

For more information about the dangers of distracted driving, see the Transportation Department's website www.distraction.gov.

Continue reading "New Law Against Texting Intended to Reduce Distracted Driving and Truck Accidents--Rule Should Improve Safety for Massachusetts Drivers" »

There has been another train accident on the commuter rail, this time at South Station in Boston. The Boston Herald reports that approximately 9AM, train 512, which originated in Worcester, failed to stop in time and collided with the end-of-track bumper at South Station, the last stop on the route.  Of the approximately 100 passengers on the train, at least 18 people suffered personal injuries, many of whom were treated at local hospitals. 

Although the train was allegedly traveling at a speed of 5 miles per hour at the time of the collision, many passengers were standing in preparation for getting off the train and were thrown to the floor and suffered personal injuries.  Many patients were taken off the train on backboards by emergency personnel.  Boston Medical Center activated its emergency plan in case a large number of injured passengers.

Transportation officials have already suggested that operator error contributed to the collision.  Investigations by the MBTA and the National Transportation Safety Board are underway.  Preliminary reports have ruled out signal, dispatching, or equipment problems as a cause.  The Boston Herald has reported that the train's engineer told supervisors that he misjudged the stopping distance at the South Station platform. The engineer will be tested for drugs and alcohol.

Ordinarily, trains stop dozens of yards back from the bumpers, which are the emergency devices designed to stop the train at the end of the track and to protect people in the train station. There are no recent reports of other crashes into the bumpers.

If you would like more information about what to do if you were injured in this train accident, please call us at 1-800-379-1244 or visit us at www.bwglaw.com.

For More Information

Despite recent accidents, the MBTA continues to maintain that the automated operating systems that have been very successful at preventing accidents in other parts of the country are an unnecessary expense for the citizens of Boston. It is no secret that these systems could have prevented two serious rear end crashes on the Green Line in the last year alone. These systems would virtually eliminate driver error by automatically stopping trolleys from running red lights or getting dangerously close to other trolley cars. While some MBTA officials have argued that the safety systems would not be a good allocation of funds, recent events have made it fiscally irresponsible for these delays in adequate safety to continue.

 There have been five crashes since 2007, and the most recent crash will cost the agency more than 10 million dollars in property damage and the medical claims of the victims. The crash on May 8th near government center epitomized the need for the system upgrades as nearly 50 peoples were admitted to the hospital as a result of their injuries sustained in the crash. The accident appears to be the result of carelessness by the operator who was text messaging at the time. This is the exact type of accident that would have been avoided with this proven technology in place.

This is hardly the first time that the safety regulations at MBTA have been brought into question. Last year, following the death of MBTA operator Ter'rese Edmonds, former MBTA engineer John Weiser could not hold back his criticisms of the way MBTA is falling behind the safety standards followed by their peers in other parts of the country. Weiser, who personally investigated more than a dozen crashes and more than 1,200 derailments during his twenty-six years of service to the MBTA, argued that the lack of modern equipment was directly responsible for the injuries sustained by its patrons. The Boston Globe quoted Weiser as saying "...from a safety point of view, had the T installed positive train stops, when the train went through the red light, the brakes would automatically be applied."

Implementation of the new safety measures in other cities has been very successful. One example of this is San Francisco. The Muni Metro in San Francisco was experiencing many of the same problems in 1998 that Boston is dealing with now. After a week of the new system, even initial critics of the state spending were glad to have the automated system in place. Not only were the trains safer, but they were actually able to reduce the time between trains for their customers. Instead of two minutes or more between trians the automated system was able to run them every minute. Since the inception of this safety precaution in 1998 there has not been a single rear end crash. It is past time for the MBTA to invest in the safety of its system to protect its passengers.

For More Information

Trolley safety system put off The Boston Globe May 25, 2009

Safety review ordered after Boston trolley crash Associated Press May 27, 2009

Safety Review Ordered After Boston Trolley Crash Associated Press May 26, 2009

Continue reading "MBTA Refuses to Add Key Safety System to Prevent Injuries to Passengers" »

Two MBTA Green Line trolleys collided in the tunnel near Park Street Station in Boston, and the accident is being blamed on the operator of the train who was texting his girlfriend while driving. His recklessness forced the train he hit 100 feet down the tunnel, derailed both trains, and injured dozens of passengers on both trains.

The train crash occurred at about 7:18 PM, and the westbound trolley cars were full of commuters headed home and families headed to the Red Sox game. Dozens of people were taken to area hospitals, some with orthopedic injuries.

According to investigators, the first trolley, which consisted of two cars, was stopped at a red signal short of the station. The second trolley, which also had two cars, rear-ended the stopped train. The 24-year-old driver was looking at his cell phone, texting his girlfriend, and when he looked up it was too late to stop. Investigators have not yet determined the speed of the train.

MBTA drivers are forbidden to use cell phones or to text while driving. According to T General Manager Daniel Grabauskas, the driver will probably be fired (we hope so!), and he may also face criminal charges.

The MBTA will be held liable for the injuries sustained by the passenges on the trains. The T is vicariously liable for the negligence of its operators, and operator negligence seems extremely clear in this case. As a common carrier, the MBTA has a high duty of care to its passengers to prevent accidents.

Continue reading "MBTA Green Line Crash Caused by Texting Operator--Scores Injured in Boston Tunnel Accident" »

An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston. According to initial reports, the woman fell on the escalator and her clothing became entangled in the machinery.

The accident is being investigated by the MBTA, the Massachusetts Department of Public Safety, which is in charge of escalator inspections, and the Suffolk County District Attorney's office.

According to news reports, the woman, who was traveling to an eye appointment on the MBTA, was riding the escalator up from the platform. She was near the top of the escalator when she apparently fell, and her clothing became tangled in the escalator machinery. News reports also indicate that she suffered a heart attack, but it is not clear whether that heart attack was before or as a result of the accident.

MBTA escalators have been the cause of accidents and wrongful death in the past. An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge. A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stop's escalator in Boston. Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped, hurling the passengers down the stairs. The Aquarium T escalator, and the escalators at Back Bay have frequent scenes of accidents.

Escalator inspections are conducted by the state each year, and the escalator involved was reportedly also inspected each week and maintained on a monthly basis. The record of this escalator has not yet been made public.

Common Causes of Escalator Accidents

Escalators are large powerful machines, and riders take for granted that they are designed and maintained for safe operation. Some types of escalator accidents are common, however.

• Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries
• Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught. These injuries are most common in children
• Sudden stops caused by machinery failure can pitch riders down the the metal stairs
• Sudden speeding-up or slowing-down can also cause people to fall on escalators
• Entanglement of clothing in gaps in the machinery can involve shoe laces, clothing, backpacks, and even shoes themselves. For example, there has been an increase in accidents reported in children wearing Croc rubber sandals.

Thousands of people are treated each year for escalator injuries and deaths, many of which result of the negligent maintenance of escalators, or the defective design of the machinery itself.

Additional Resources

Woman dies in MBTA escalator accident, Boston.com, February 24, 2009

Escalator Safety, Consumer Product Safety Commission

Crocs Can Pose Danger on Escalators, CBS News

Continue reading "Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated" »

UPDATE: Breakstone, White & Gluck will be representing the most seriously injured passenger from this accident. Please check our news page for more information on the suit filed for this MBTA accident case.

ORIGINAL BLOG: A serious crash involving two MBTA D Line trolleys on May 28th has left the operator of the second train dead, and dozens of passengers injured and hospitalized. The accident happened as the commuter trains were approaching the Woodland Station in Newton. The first two-car trolley was stopped at a red signal when it was rear-ended by the second two-car train.

Both Green Line trains were packed with evening rush-hour commuters, heading home at about 6:00 PM. Passengers were thrown to the floor. Several were treated on a nearby golf course; several were taken by ambulance to area hospitals with serious injuries; one was taken by MedFlight to the trauma center at Boston Medical Center. Many other passengers found their way to hospitals on their own.

Both of the smashed MBTA trains were derailed by the impact. Reports indicate that some passengers were thrown as much as 20 feet inside the cars.

Continue reading "MBTA D-Line Trolley Cars Collide in Newton, MA; Several Injuries and One Death Reported" »

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