Published Tuesday, October 20, 2026. This post summarizes public news reports and is general information, not legal advice.
What Happened on Marguerite Avenue in Leominster
A driver was injured Monday night when the SUV she was driving collided with a train on Marguerite Avenue in Leominster, according to reports from boston25news.com. Police said the crash happened shortly before 6:30 p.m. Officers said the woman was driving a 2018 SUV at the time of the collision.
Officers said the driver sustained non-life-threatening injuries. According to boston25news.com, the driver, a 47-year-old woman, was taken to Leominster Hospital. The details released so far came from police.
Who Can Be Responsible After a Vehicle and Train Crash in Massachusetts
A crash between a motor vehicle and a train raises questions about who can be responsible for the injuries and which insurance applies. Under Massachusetts law, a driver whose negligence contributes to a crash can be responsible for the harm that results, and the answer depends on the facts of each crash.
At Colucci, Colucci & Marcus, P.C., Boston personal injury attorney Dino M. Colucci represents people injured in car crashes. Our team investigates how a crash happened, which insurance policies apply and what benefits an injured person can claim. Our team represents injured clients in Suffolk, Norfolk and Middlesex counties and throughout Massachusetts.
Under M.G.L. c. 231, § 85, an injured person’s own negligence does not bar compensation unless it was greater than the combined negligence of everyone the person seeks to recover from. Any compensation is reduced in proportion to the injured person’s share of the negligence.
M.G.L. c. 90, § 34M requires every Massachusetts motor vehicle liability policy to provide personal injury protection, and under § 34A a policy generally must provide PIP of at least $8,000 per person. For an eligible person, PIP can pay, without regard to fault, reasonable medical expenses incurred within two years of the crash, lost wages generally limited to 75 percent of the average weekly wage for the year before the crash, and payments to people outside the household for necessary replacement services. Where a health plan has paid or will pay those medical expenses, § 34A bars PIP from paying more than $2,000 of them to the extent they are so paid. A deductible purchased under § 34M can modify, reduce or eliminate these benefits for the insured and members of the insured’s household.
Why Electronic Records From a Train Crash Can Be Lost
How a crash happened is a central question in any injury claim, and in a crash involving a train much of the relevant information can be electronic. Records of this kind are not always kept, and some are held by parties outside the claim.
Many passenger vehicles carry an event data recorder that can capture information such as speed and braking in the moments before a collision. That data can be overwritten, and it can be lost if a damaged vehicle is released or disposed of before anyone downloads it.
Rail and transit operations can generate their own records, such as system logs and recordings from equipment on a train. Records like these can require a formal request to obtain, and they can be overwritten under the operator’s own retention practices. Phone records can also be relevant to the timeline of a crash and can likewise require a formal request.
Witness memories can fade, and conditions at a scene can change. Gathering electronic and physical information early can help preserve a fuller account of what happened.
What an Injured Driver Can Do Now
- Preserve documents and photos: Keep photographs of the vehicle and any visible injuries, along with towing, repair and insurance paperwork. These records can help show the damage and the losses that followed.
- Get the crash report number: Ask the police department that responded for the report number and how to request a copy. The report can help an insurer or lawyer locate the official account of the crash.
- Do not give recorded statements to another party’s insurer: A recorded statement, a medical authorization or a settlement release given early can affect a claim before the full extent of an injury is known. It is generally worth understanding what a document does before signing it.
- Follow medical advice: Keep every follow-up appointment and follow the treatment plan given at discharge. Keep copies of hospital records, treatment records and bills, since they can be relevant to PIP benefits and to any later claim.
- Speak with a lawyer: A Massachusetts personal injury lawyer can review the police report, the available insurance and the timeline for a claim. Under M.G.L. c. 260, § 2A, a personal injury claim in Massachusetts generally must be filed within three years after the cause of action accrues.
Sources
- boston25news.com: Driver injured after vehicle, train collide in Leominster
Speak With a Massachusetts Injury Attorney
Evidence from a car crash can be preserved only while it still exists, and our team can send the requests that keep it available. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss your case. Our office at 31 Milk St, 4th Floor, Boston, MA 02109 serves injured clients throughout Boston and across Massachusetts.
