The Kickham Comment - Boston Accident Lawyer Blog
As a Westwood accident attorney, I see many cases of negligence, wrongful death, and motor vehicle accidents. Yet, many people mistakenly believe, “It could never happen to me.” I don’t know why so many people have that attitude, because life is unexpected, and injuries can happen almost everywhere, every day, and especially when you least expect it.
I’m still shaking my head at the hit-and-run car-pedestrian accident on Washington Street by Roche Brothers in Westwood that occurred this summer. Every time I drive on that road, I think of the innocent victim. The woman who was struck by the car was listed in critical condition, and her dog, which she was walking, was killed. You can read my previous blog post on this subject, which I wrote about, on June 19.
Today my sympathies go out to the middle-aged man who officials say was apparently trespassing on the Massachusetts Bay Transportation Authority Commuter Rail tracks between the Islington and Norwood Depot train stations. He was struck and killed by an outbound train, in Norwood, on August 30, according to officials.
The accident occurred around 10AM on the tracks past the Everett St. bridge in Norwood. The Norwood police, and the Medical Examiner, all came onto the scene on Route 1A that is across from Investors Way. At this writing, there is no news or update as to the circumstances surrounding the accident, what the man was allegedly doing on the tracks, and who was at fault. The precise details are still not known. But since the accident took place on property that is owned or operated by the MBTA, the man’s family should seek an injury lawyer who can represent them, determine if the MBTA is liable for the accident, and possibly seek compensation for the man’s demise.
Yes, “it” could happen to you. It’s not surprising that MBTA accidents occur, if you consider that more than 1.3 million people utilize public transportation that the MBTA provides, every day. Usually, MBTA injuries happen due to unsafe conditions for which the MBTA may be liable. Injuries – and deaths — that happen on MBTA property can be caused by many circumstances. These include:
• Property defects • Maintenance standards violations • Unsafe property conditions • Weather conditions • Operator, conductor and driver error (including cell phone usage, texting, and even operator intoxication)
• Equipment defects
Unsafe conditions can occur in many different places, including streetcar stops, bus stops, or train stations, and inside streetcars, buses or trains. Injuries also occur on stairs, platforms, escalators, train entrances and exits. And, as this accident shows, accidents and injuries – and even deaths – can also occur right on the train tracks.
If you are injured – or one of your loved ones is injured or killed — on a vehicle or property that is either owned or operated by the MBTA, an experienced injury attorney may be able to recover financial damages for you. This can include medical bills and medical expenses; the lost income and wages that occur as a result of the incident; damage to property, such as your car; pain and suffering; and nursing care and disability claims.
Wrongful death personal injury cases can also involve financial damages for loss of companionship and loss of support.