MBTA Train Accident Lawsuits

With nearly 300 stations between their five subway lines and 12 Commuter Rail branches, the MBTA is responsible for the safety of millions of its commuting riders every day. About 60 percent of the MBTA’s approximately 1.3 million riders serviced every day happen on subway trains, with another approximately 10 percent being serviced on commuter rail trains.

This means that nearly three out of four people who utilize the MBTA services are doing so on a train. As such, there is a high likelihood that accidents will occur over the course of a year. Many of the MBTA’s trains are advancing in age, and with many hundreds of miles of tracks to maintain throughout notoriously misbehaving New England weather.

Consulting with an experienced team of attorneys who are well versed in dealing with the MBTA is the only way that you can ensure you have a case, or do not have a case for a claim.

In the instance of a serious incident that injures passengers, the MBTA may be liable for the accident and any injuries that occur as a result if there was any form of negligence or misuse on the hands of any of their employees, such as a distracted train or switch operator or maintenance workers not performing their responsibilities to ensure the train is on a proper track.

These responsibilities extend to the ancillary branches of train service as well, from the conductors who check tickets aboard the train to the platforms and stations where you wait for a train.

Should an accident occur on the platform on a train – such as a slip and fall on a slippery surface that isn’t cleaned or posted with proper signage, you may be eligible to collect damages for your resulting injury. If a conductor engages in misconduct that results in an injury, you may be eligible to file a claim against the MBTA, in addition to any civil action taken against the conductor who engaged in the misconduct.

In some cases, such as when an individual is struck and killed by a train, the train operators are likely to not be held liable in most instances, because trespassing on MBTA train tracks is strictly prohibited, and is posted clearly that such behavior is against the law. However, if a train fails to stop when it is supposed to and strikes a vehicle that is following the law and crossing train tracks, this may result in a situation where a claim is possible.

However not all train accidents are cut and dry. If a piece of technology, like a crossing gate or the warning bells accompanying the gate malfunction, and a commuter is unaware that a train is approaching, an individual may be able to seek damages on the basis of the faulty technology if they are struck and injured as a result. If somebody should die as a result of such an incident, family members of the deceased may seek a wrongful death suit due to the technological malfunction.

As with any possible injury-based claim, it is important to have an experienced attorney, or team of attorneys, who know the law inside and out and have a history of collecting damages for their clients. Altman & Altman LLP has over 40 years of experience doing just that, and we have handled hundreds of MBTA cases over our history.

We will take the time to ensure that we give you the best possible chance for a positive outcome, and will provide a free consultation to go over the specific details of your unique situation. Call us today at 617.492.3000 or toll-free at 800.481.6199. We are available 24/7.