According to published reports, the train crash which occurred in the Waban section of Newton, Massachusetts on the evening of May 28th, is likely to claim a number of seriously injured passengers. One of the train operators has already died. While it is clearly too early to know what caused this terrible accident, representatives of the National Transportation Safety Board's investigative unit are likely already on route to the accident scene to secure the site and preserve critical evidence. Less than two months ago, as many as 150 people were reportedly injured when a run-away CSX freight car struck an MBTA commuter train carrying approximately 300 passengers. Last month, the MBTA announced that it had filed a law suit against CSX and the lumber yard from which the run-away car emerged, citing negligence. While the family of the train operator who was killed would be limited to a workers' compensation claim (an employee may not sue his employer "in tort" for negligence in Massachusetts), the same is not true for the passengers aboard the Green Line trains. Those passengers would be entitled to recover damages from the responsible party (likely, in part, to include the MBTA) and possibly other parties who may be found liable for the crash. Potential defendants, other than the MBTA may include designers and/or manufacturers of any defective train components identified through the investigation.
Victims of the Newton train crash should consult with an attorney experienced in the area of train accident litigation. Attorneys in Parker Scheer's Complex Personal Injury Practice Group have extensive experience representing victims of train crashes. To speak with a member of Parker Scheer’s Complex Personal Injury Practice Group, contact Attorney Eric J. Parker at 617-886-0500 or (toll free) 866-414-0400 seven days a week. There is never a charge for an initial consultation and all information provided is held in strict confidence.
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