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January 27, 2015

$15M Products Liability Lawsuit Blames GPS Maker Garmin for 2013 Massachusetts Bus Crash

11 people are suing GPS device maker for $15 million over injuries they sustained in a 2013 Massachusetts bus collision. The plaintiffs are claiming products liability for what they contend was a defective/unsafe navigation device.

The bus, transporting more than two dozen high school students and their chaperones, was going back from Boston to Philadelphia, when the charter vehicle hit a bridge, causing its roof to collapse. 35 people were hospitalized. Student Matthew Cruz, who sustained a spinal cord injury in the bus crash, is the complaint’s lead plaintiff.

In their Boston product defect case, the plaintiffs argued that if the GPS device had been designed for commercial vehicles, the driver would have been directed to go around the bridge. They say that the packaging of the navigation device should have indicated that it was not appropriate for charter bus use.

Also named as a defendant is bus driver Samuel J. Jackson, who is accused of distracted driving and failing to notice the signs warning that the bridge was an imminently low one. Even after hitting the bridge, he reportedly kept driving for another 500 feet.

GPS navigation devices have been blamed for bridge collisions. In 2009, U.S. Senator Charles Schumer said that the country should create standards for the GPS devices used in buses and trucks to prevent low collisions that occur when a vehicle is directed to go onto a restricted road.

In a letter to then Transportation Secretary Ray LaHood, the New York senator noted that over two years, truckers struck bridges in that state over 200 times because of faulty directions given to them by vehicle navigation systems. Some 80% of the bridge strikes occurred in areas that were closed to commercial traffic but a GPS had directed the truckers otherwise.

US Department of Transportation data reports that in 2010, there were 15,000 bridge strike accidents involving all kinds of motor vehicles. 3,000 injuries and 214 fatalities resulted.

Last year, a teenager died after he hit a bridge while standing on top of a double-decker tour bus in California. Mason Zisette, 16, was reportedly facing the back of the bus and failed to see the bridge. His head struck the structure, causing him to fall to the ground. He was taken off life support the next day and died.

Bus crashes can lead to serious injuries and there may be more than one party that should be held liable. You want to work with a Boston bus accident law firm that knows how to determine and prove who and what caused the collision. At Altman & Altman, LLP, our Massachusetts bus collision attorneys represent victims injured in school bus crashes, MBTA bus accidents, private buses, charter buses, and passenger vans.

$15M suit blames GPS for Boston bus accident that injured students, chaperones, Bucks County Courier Times, January 29, 2015


Truckers Guided by GPS Said to Hit N.Y. Bridges 200 Times
, Bloomberg.com, September 25, 2014


More Blog Posts:
Massachusetts Wrongful Death Lawsuit Blaming MIT for Student’s Suicide Moves Closer to a Civil Trial, Boston Injury Lawyer Blog, January 27, 2015

MA Contractors Exposed Workers to Fatal Falls During Renovation Project, Massachusetts Workers' Compensation Lawyer Blog, January 23, 2015

Plymouth, MA Woman Injured In Big Rig Truck Accident Involving Detached Trailer, Boston Car Accident Lawyer Blog, January 15, 2015

January 23, 2015

Plymouth, MA Woman Injured In Big Rig Truck Accident Involving Detached Trailer

A Plymouth, Massachusetts woman now has to undergo physical therapy after she was involved in a truck accident involving a runaway trailer. Patricia Jordan was driving an SUV when the trailer, which had detached from the truck after the vehicle went into a slight curve, hit her RAV 4, causing it to slam into a concrete barrier. The 48-year-old mother experienced soreness in her neck and back after the incident.

According to investigators, the trailer was not properly locked into place. It also was overloaded, exceeding the authorized weight limit by 8,000 pounds at 88,280 pounds. The truck was transporting corrugated cardboard.

While runaway trailer accidents are a rare occurrence, they can be deadly. Often the trailer may be moving at a fast speed and carrying a heavy load. Causes of runaway trailer accidents:

• Speeding
• Steep declines
• Overloading
• Brake problems
• Mechanical issues
• Sudden turns

Injuries involving runaway semi-trailers can include neck injuries, back injuries, air bag injuries, broken bones, concussions, facial injuries, herniated injuries, nerve damage, whiplash injuries, skull fractures, internal injuries, and death.

Massachusetts Truck Crashes
Truck drivers, trucking companies, and truck operators have to ensure that all safety measures are implemented and followed if they want to minimize the chances of a Massachusetts truck accident. Usually it is the occupants of the smaller vehicle or a pedestrian, bicyclist, or motorcyclist that sustains the brunt of the injuries in a tractor-trailer crash. Icy roads in the winter may increase the chances of a Boston truck collision, which is why truckers and other drivers on the road should exercise even more caution this time of year.

If you or someone you love was involved in a traffic accident with a semi-truck, a tractor-trailer, a big rig truck, or any other kind of large truck, don’t be surprised if the insurer or attorneys for the trucking company try to settle with you right away. Do NOT settle until you’ve explored your legal options. Contact our Boston truck crash lawyers at Altman & Altman, LLP today.

Driver in detached-trailer accident is cited, Greenwichtime.com, January 2, 2015

Federal Motor Carrier Safety Administration


More Blog Posts:
Rider Sustains Leg Injury in Framingham, MA Bicycle Accident, January 16, 2015

Ex-Stevenson University Student Files $4M Hazing Lawsuit Against Kappa Alpha Psi, Boston Injury Lawyer Blog, January 23, 2015

Jury Awards $7.7M Mesothelioma Verdict to School Bus Driver’s Widow, Massachusetts Workers' Compensation Lawyer Blog, January 22, 2015

January 16, 2015

Rider Sustains Leg Injury in Framingham, MA Bicycle Accident

A male bicyclist sustained a serious injury to his leg when he was involved in a Framingham, MA traffic crash with a car. Police said that after the vehicle struck the rider he was thrown onto the car’s hood and windshield before falling to the ground. The driver of the car was reportedly driving at only 15 mph but was unable to stop in time to prevent striking the bicycle because there was loose sand and ice on the road. The pedalcycist says he may have been distracted.

According to an article published in the Boston Globe last year, the number of bike accidents in the state has gone up now that there are more cyclists on the road. Greater Boston area bicycle crash death figures have risen by three times over. From 2010 to 2012, reports the Massachusetts Department of Transportation, close to 70% of the bicycle accidents that occurred resulted in injuries. Crash data examined by The Globe revealed that in 66% of bicycle accidents a vehicle was involved.

The state has been encouraging more people to ride their bikes and its towns and cities have added bike lanes. Unfortunately, many drivers remain unaware that bicyclists’ have rights.

While some Massachusetts bicycle accidents are caused by the negligence of the riders, in many instances, another party, such as a negligent motorist or government entity responsible for improperly constructing a street or failing to clear road may have been responsible.

To give you an example of how serious injuries from a bicycle accident can be—even when a motor vehicle isn’t involved—U2 frontman Bono says he may never be able to play the guitar again because of injuries he sustained in a bicycle accident in Central Park last November. Bono, 54, now has a titanium elbow. He also sustained eye socket fractures, as well as elbow and shoulder blade fractures, shattering bone in multiple places in an upper arm, among other injuries. To recover from his injuries the musician had to undergo hours of surgery. He is also in progressive therapy.

Bicyclist injured in crash with car in Framingham, MetroWest Daily News, January 8, 2015

Bono: I may never play guitar again after crash, The Boston Globe, January 2, 2015

Massachusetts Department of Transportation, MassDOT


More Blog Posts:
Massachusetts Suspends ET-Plus Guardrail Use Because of Traffic Injury Risks, Boston Injury Lawyer Blog, October 21, 2014

More Than A Dozen Hospitalized After Plymouth, MA Bus Accident
, Boston Car Accident Lawyer Blog, January 9, 2015

Liberty Research Institute Names Overexertion, Falls Accidents As Leading Causes of Work Injuries in 2012
, Massachusetts Workers' Compensation Lawyer Blog, January 15, 2015

January 9, 2015

More Than A Dozen Hospitalized After Plymouth, MA Bus Accident

15 Plymouth elementary school students were transported to a local hospital after being involved in a school bus accident late yesterday afternoon.

The West Elementary School bus was involved in the crash with a small sedan (which suffered serious front-end damage) around 3:45 p.m. According to witness reports, the bus tipped over slightly before tipping back to its regular balance.

One student said, "When we crashed, it was very scary. A lot of kids started to cry and there were a few injuries."

Eight area ambulances, several other emergency crews and the superintendent of schools responded to the scene of the accident. The school bus driver and 6 of the 35 kids on board were transported to area hospitals for minor bumps and bruises. No serious injuries have been reported.

Plymouth fire officials and EMS say the driver of the sedan appeared to be uninjured and declined to be taken to the hospital for treatment.
Students who didn't go to the hospital were sent home with their parents, but kids are a bit nervous about getting back on the bus, rightfully so. Plymouth school officials say they expect transportation will be normal on Friday. The cause of the crash still remains under investigation—it is unclear who may have caused the accident.

Continue reading "More Than A Dozen Hospitalized After Plymouth, MA Bus Accident" »

January 7, 2015

Family Settles Motorcycle Accident Lawsuit for $2.25 Million

The family of a 61-year-old motorcyclist has reached a $2.25M wrongful death settlement with the driver of the pickup truck that struck him in May 2012. Robert Kegler was riding his motoricycle when he was hit by a Chevrolet S-10 pickup truck driven by 17-year-old Andrew Kebalo. The teen driver was making a left turn even though Kegler had the right of way on the road at the time.

The impact of the motorcycle collision threw Kegler from his bike. The rider had to be flown by chopper to a hospital where he was pronounced dead just hours later.

Kebalo reportedly told police that even though he saw the motorcycle approaching he figured that he had enough time to take the turn. The 17-year-old was charged with failing to yield the right of way and criminal negligent homicide.

Kegler’s family is suing not just Kebalo, but also his family’s business, which owns the pickup truck that he was driving when he struck the motorcyclist. The $2.25 million settlement was reached following mediation.

Motorcycle riders are at high risk of serious injuries during a traffic crash. If you are a motorcyclist who was injured in a Boston motorcycle accident, or your loved one was a rider that was severely hurt or killed in a collision, do not hesitate to contact our Massachusetts motor vehicle crash lawyers right away.

Filing a Boston traffic collision lawsuit can take time. You want to make sure you are represented by a law firm that knows how to pursue your recovery, whether this means settling the case in mediation or taking the lawsuit to trial.

Obtaining compensation for Massachusetts personal injury or wrongful death won’t bring your loved one back. However, it can help cover related costs and damages while allowing you to hold the negligent party or parties liable. Even if the negligent act was not intentional, you may still be able to sue for compensation.

Motorcyclist's Family Settles Wrongful Death Claim for $2.25 Million, Connecticut Law Tribune, January 6, 2015

Motorcycle Crash Claims Life of Enfield Man
, Ellington Somers-Patch, May 21, 2012


More Blog Posts:

Massachusetts Wrongful Death Lawsuit Against the City of Framingham, Police Officer Can Proceed, Says Judge, Boston Injury Lawyer Blog, January 6, 2015

Old Cars Are Another Cause of Teen Crash Fatalities, Says Study, Boston Car Accident Lawyer Blog, December 30, 2014

Domestic Workers in Massachusetts Soon to Get Employment and Labor Protections, Massachusetts Workers Compensation Lawyer Blog, December 27, 2014

December 30, 2014

Old Cars Are Another Cause of Teen Crash Fatalities, Says Study

According to a study authored by two researchers at the Insurance Institute for Highway Safety, almost 50% of teen drivers in the 15 to 17 age group that died in motor vehicle crashes from ’08 – ’12 were operating vehicles were six to eleven years old. Close to a third of those that died were riding in small autos. The results from the study, based on the government’s FARS data, were published earlier this month in Injury Prevention.

The study’s leader, IIHS Sr. VP of Research leader Anne McCartt, said that a lot of the teen drivers who are dying are doing so in the “least protective types of vehicles.” Older vehicles tend to lack the best technology when it comes to safety, such as side air bags, electronic stability control. Also, the smaller the vehicle, usually the less protection there is from impact during a collision.

It should be noted that the number one cause of fatalities among U.S. teens is car accidents. These younger drivers are three times more likely to be involved in a traffic crash.

One reason for this is that teens are less experienced at driver, not as mature as adult drivers, and may be more prone to distraction, speeding, driving under the influence, or making uniformed decisions while on the road—especially during an emergency situation.

They also are more likely to not put on a seatbelt. Per the study, out of 2,500 teens, 82% died while operating vehicles over six years old while 48% were in cars that were more than eleven years old. (For the purposes of the study, researchers did not examine data involving people that were in car crashes but survived.)

Often, teen drivers will transport teen passengers, placing even more of our youth at risk of injury or death in the event of a serious collision. In Massachusetts, if your child was injured in a traffic crash that you believe was caused by the negligence of another driver or for another reason, such as a defective vehicle or unsafe road conditions, please contact our Boston car accident lawyers today.

Injury Prevention

Insurance Institute for Highway Safety


More Blog Posts:
Three Fatalities, Two Injuries Sustained in Recent Massachusetts Traffic Crashes During Christmas Week, Boston Car Accident Lawyer Blog, December 26, 2014

Massachusetts Wrongful Death Lawsuits Sue Applebee’s, Whole Foods, Respectively, Boston Injury Lawyer Blog, December 31, 2014

Domestic Workers in Massachusetts Soon to Get Employment and Labor Protections, Massachusetts Workers' Compensation Lawyer Blog, December 27, 2014

December 26, 2014

Three Fatalities, Two Injuries Sustained in Recent Massachusetts Traffic Crashes During Christmas Week

If you or someone you love was seriously injured in a Massachusetts motor vehicle crash please contact our Boston car accident law firm right away. Unfortunately, serious collisions can happen during the holiday season. You want to speak with an experienced attorney to explore your legal options.

On Christmas Eve, one man died in an East Boston pedestrian accident when he was hit by a truck. No criminal charges have been filed against the driver. The pedestrian was in his sixties.

On Monday, a Charlton multi-vehicle crash on the Massachusetts Turnpike seriously injured one person and killed another. The collision happened in heavy traffic when two cars and a tractor-trailer collided. Another tractor-trailer then hit one of the cars, a 2011 Toyota Camry. The driver of the car was ejected from the vehicle. He was pronounced dead but was later revived with critical injuries. His wife, a 64-year-old woman, died.

Also that day, in a Peabody traffic crash, two people were injured and there was yet another death after a 1987 GMC flatbed tow truck that was hauling an auto rolled over. The truck’s driver, a 43-year-old man, was thrown from the vehicle. He was later pronounced dead at a Lynn, MA hospital.

The passenger in his truck, a 65-year-old man, sustained serious injuries. He was taken to Massachusetts General Hospital.The driver of a second vehicle involved, a 34-year-old woman from Randolph, sustained minor injuries, while the driver of the third car was not hurt.

In a press release issued on Tuesday, the National Highway Traffic Safety Administration warned drivers in the U.S. to exercise extra caution during this time of year, when there is typically an increase in motor vehicle injuries and deaths. Among the reasons for the rise in traffic crashes is that there are more people out on the roads than usual driving to holiday parties, family gatherings, and vacation destinations. Alcohol consumption to celebrate the season is also a factor.

Fatal Rollover Crash Closes Route 128 Southbound, Patch.com, December 22, 2014

Pedestrian Struck And Killed In East Boston, Boston.CBSLocal.com, December 24, 2014

State police ID man killed in Peabody crash, The Salem News, December 22, 2014


More Blog Posts:
Family Files Boston Elevator Accident Lawsuit Against Fenway Park, Boston Injury Lawyer Blog, December 23, 2014

Massachusetts Truck Drivers Are at Risk of Serious Injuries on the Job, Massachusetts Workers' Compensation Lawyer Blog, December 18, 2014

NHTSA Reports 326 Massachusetts Traffic Deaths in 2013, Boston Car Accident Lawyer Blog, December 19, 2014

December 19, 2014

NHTSA Reports 326 Massachusetts Traffic Deaths in 2013

The National Highway Traffic Safety Administration is reporting a decline in both the number of Massachusetts motor vehicle crash fatalities as well as how many occurred in total in the U.S. According to the figures for 2013, there were 326 traffic deaths in the state last year, which is a decline from the 383 fatalities in 2012. Alcohol was a factor in 118 of the Massachusetts traffic deaths in 2013.

Nationally, the country lost 32,719 people in roadway crashes in 2013. This is also a decrease from the 33,782 traffic deaths from the year previous.

Overall, between 2012 and 2013, the U.S. saw a reduction in deaths and injuries of truck occupants, passenger car occupants, pedestrians, and young drivers, as well as in accidents where alcohol was a factor.

Here is the breakdown of some of the national traffic statistics for 2013 (NHTSA):

• 21,132 passenger occupant deaths
• 691 large truck fatalities
• 4,667 motorcycle deaths
• 4,735 pedestrian deaths
• 743 pedalcyclist fatalities

In Massachusetts, our Boston car accident lawyers represent victims (and their families) injured in traffic crashes. Often, people who were hurt in motor vehicle crashes don’t realize that they have other options besides settling with their insurance company or the insurer of the other party involved in a collision. Contact a Massachusetts traffic accident lawyer allows you to find out what else you should do.

Before settling with any of the parties involved, you should talk to a Boston injury attorney who can help you figure out how much your injuries, vehicle damage, medical expenses, rehabilitation, and lost wages are likely to cost. An insurance company may try to get you to agree to amount that doesn’t take into account the full extent of injuries or damages—especially when someone is seriously hurt or left with permanent disabilities.

Also, if you have lost someone in a Massachusetts car accident, you may be able to sue the other party for wrongful death damages. This won’t bring back your loved one but it can allow you to hold the other party accountable and help with the expenses and loss of income that may have occurred because of your relative’s death.

Roadway deaths fall nearly 25 percent in a decade, fatality rates at a historic low, NHTSA, December 19, 2014

2013 Motor Vehicle Crashes: Overview, NHTSA, December 2014 (PDF)

Quick Facts 2013, NHTSA (PDF)


More Blog Posts:
Cape Cod Drowning Death is Second Swimming Fatality at Yarmouth Hotel in Four Months, Boston Injury Lawyer Blog, December 18, 2014

Consolidation of Xarelto Injury Lawsuits Gets Opposition from Bayer, Johnson & Johnson, Massachusetts Drug Injury Lawyers Blog, December 5, 2014

Fall River Construction Worker Dies While Working On Natural Gas Lines in Road Project, Massachusetts Workers' Compensation Lawyer Blog, December 12, 2014

December 9, 2014

Dedham, MA Pedestrian Accident Leads to Criminal Charges for Newton College Student

54-year-old Jean Heppler was killed while crossing a street in a Dedham traffic crash on Friday night. Heppler was struck by a vehicle driven by a Mount Ida College student. The driver, Nicolas A. Rivas-Vasquez, pleaded not guilty to leaving the scene of the catastrophic pedestrian accident.

The 21-year-old’s lawyer said that Rivas-Vasquez did not know that his car had hit Heppler. Instead, the college student thought that his vehicle was struck by an object that the wind had blown in.

Although Rivas-Vasquez stopped the car, he claims that didn’t see anything in the mirror. Because of the road he was on, he had to drive another few blocks before he could legally turn back. Even then, Rivas-Vasquez contends he only saw debris. He later turned himself into the authorities.

According to police reports, Heppler’s body ended up between the sidewalk and a guardrail after it was struck.

Heppler’s death is not the only Massachusetts pedestrian accident to make the news headlines this month. Last week, 61-year-old Thomas Ryan died in a Brockton pedestrian incident after he too was hit by a car. His is one of several pedestrian fatalities in that city this year.

Also last week, 19-year-old Trequel Bradsher was killed in a Brockton pedestrian accident after being hit by a drunk driver. The vehicle’s operator, 22-year-old Brian Perkins, had a .10 blood-alcohol level, which is beyond the .08 legal limit in Massachusetts.

Our Massachusetts car accident law firm represents victims and their loved ones throughout the state. Please contact one of our Boston pedestrian accident attorneys today. You should know that your civil case would be separate from any criminal proceedings against a motorist. The best way of maximizing your chances for to recovery is to get good legal representation.

The statute of limitations for filing a Massachusetts personal injury claim is three years from the date of the traffic crash. If you wait to submit a civil claim or lawsuit after that period it won’t be allowed. Getting a Boston pedestrian accident lawyer to start investigating your case as soon as possible is also important because that is when witness accounts will still be fresh and vivid in their memories. Physical evidence can be easier to be obtain earlier on.

Massachusetts Pedestrian Accidents in Winter
With the cold weather here, it is important to know that pedestrians are at greater risk of injury in traffic crashes involving winter conditions for a number of reasons: snow can reduce a driver’s visibility, the roads may be icier for both vehicles and the people walking. Because of ice and slush, vehicles are more prone to slide off roads, placing even pedestrians on sidewalks at peril.

You want to work with a Massachusetts pedestrian accident attorney that knows how to prove who or what caused the incident so that you can get the personal injury or wrongful death compensation that you are owed.

Drunk driver kills teen in Brockton, police say, Boston Globe, December 5, 2014

DA charges student, 21, with fatal Dedham hit-run, Boston Herald, December 8, 2014

Police: Teen Pedestrian Killed by Drunk Driver, NECN, December 6, 2014


More Blog Posts:

Honda Recalls Another 2.6 Million Cars with Takata Air Bags in the U.S., Boston Injury Lawyer Blog, December 8, 2014

Today is the Day Lead Singer Injured in Massachusetts 15-Passenger Van Crash, Boston Car Accident Lawyer Blog, November 30, 2014

Cape Cod MA Crane Accident Deaths Were Preventable, Massachusetts Workers' Compensation Lawyer Blog, September 26, 2014

November 30, 2014

Today is the Day Lead Singer Injured in Massachusetts 15-Passenger Van Crash

Steve Austin, the frontman for the band Today is the Day, was involved in a Massachusetts 15-passenger van crash over the Thanksgiving weekend. The band was getting ready to resume its tour when the group was struck by an auto that was hit by another vehicle.

On his Facebook page, Austin wrote that one of the cars hit the side of their vehicle, causing the 15-passenger van to spin some 180 degrees and then flip over. Austin says that he and a friend were thrown “super hard” in the vehicle, as glass burst everywhere, sparks flew, and transmission fluid poured in. The two of them climbed out of the van as soon as it came to a stop.

An ambulance took the men to the hospital where Trevor was treated for cuts and bruises. He claims that the drivers of the other two vehicles deny that they were at fault.

Austin isn’t the only singer recovering from a traffic crash. U2’s Bono recently underwent extensive surgery after sustaining multiple injuries in a NY bicycle crash, which has been described as a “high energy” collision.

The singer sustained a broken scapula, a facial fracture, and a compound fracture to the left humerus. Three metal plates and 18 screws were used to repair his humerus. He also fractured a finger. Bono will have to undergo intensive therapy to recover.

While traffic crashes in Massachusetts that happen to non-celebrities typically don’t get as much media attention, this doesn’t mean that serious aren’t sustained in many the collisions. Our Boston car accident lawyers represent clients injured in truck accidents, bus crashes, car collisions, single-vehicle accidents, bicycle accidents, motorcycle crashes, and other types of traffic accidents.

Today Is the Day Frontman Involved in Serious Van Crash, Loudwire, November 30, 2014

Bono Suffers Serious Injuries In Central Park Bicycle Accident, Huffington Post, November 20, 2014


More Blog Posts:
Airborne Sheet of Ice Crashes into Family’s Car; Causes Heavy Damage, Boston Car Accident Lawyer Blog, November 30, 2014

MBTA Subway Trolleys Collide in Dorchester: Passengers Injured, Boston Injury Lawyer Blog, November 26, 2014

Hundreds of Risperdal Lawsuits Blame Drug For Causing Gynecomastia in Males, Drug Injury Lawyers Blog, November 19, 2014

November 30, 2014

Airborne Sheet of Ice Crashes into Family’s Car; Causes Heavy Damage

A mother and her two young daughters were involved in a scary accident yesterday on Route 111 in Hudson, New Hampshire.

Lisa Beauchemin, 35, was driving her Volvo wagon Saturday when a sheet of ice flew off a white van and shattered the Volvo’s windshield. The ice was so forceful, it nearly penetrated the passenger’s compartment, police said. Despite being showered with shards of broken glass, Beauchemin and her daughters were uninjured.

With the first big storm of the season, Massachusetts State Police are urging drivers to clean their cars completely of snow and ice prior to hitting the roads.

Accumulating layers of snowfall and ice on top of cars is especially dangerous because it can slide off and blind you or go through a fellow drivers’ windshield—as was the case yesterday. Additionally, state officials caution drivers to take extra precautions when there’s snow on the ground, such as driving more slowly and keeping a safe distance between vehicles.

The U.S. Department of Transportation reported that nearly one quarter of all car accidents (1.5 million) in the United States are caused by weather—winter is unsurprisingly the most dangerous season. Winter weather including snow, sleet, and frigid temperatures contribute to hazardous road conditions. Ice and black ice are products of wet weather and freezing temperatures are the main culprits behind the majority of serious weather-related incidents.

Continue reading "Airborne Sheet of Ice Crashes into Family’s Car; Causes Heavy Damage" »

November 26, 2014

Actor Tracy Morgan May Not Completely Recover from TBI Sustained in Walmart Truck Crash

Five months after comedian Tracy Morgan sustained serious injuries in a truck accident, his lawyer is now saying that it is not certain whether or not the performer will fully recover. Morgan sustained a traumatic brain injury and numerous broken bones after the vehicle he was riding in was rear-ended in a tractor-trailer crash involving a Walmart vehicle. His friend, comedy writer James McNair, died from his injuries.

Now, Morgan’s lawyers are saying that because of the severity of his TBI, they don’t know if he will recover to become the “Tracy Morgan he once was.” Morgan’s uncertain progress is indicative of how with certain brain injuries it can take a while before doctors are able to determine to what extent a patient will get better.

Morgan filed a truck accident lawsuit against Walmart seeking damages. Other plaintiffs in the semi-truck crash case include Morgan’s assistant Jeffrey Millea, Krista Millea, and comedian Ardie Fuqua. They want compensatory damges, punititve damages, statutory damages, legal costs, and pre-and post judgment interest.

According the semi-truck crash complaint, Walmart truck driver Kevin Roper crashed the tractor-trailer into the limousine van that was transporting Morgan and others. The plaintiffs are accusing the retail chain of negligence and carelessness in the ownership and operation of its truck.

They contend that Roper fell asleep at the wheel because he was too tired to drive. The plaintiffs believe Walmart should have known or knew that the trucker had not slept for over 24 hours prior to the crash. A National Transportation Safety Board report notes that Roper was traveling 65 mph in a 45 mph zone.

Roper had just driven 700 miles from his home in Georgia to Delaware before starting his shift. The truck crash lawsuit pointed out that Roper could have started his shift at numerous other distribution facilities closer to his home so he wouldn’t have had to drive so far.

If you were injured in a Boston tractor-trailer crash, you should speak with a Massachusetts motor vehicle accident law firm right away.

Tracy Morgan Sues Walmart Over Deadly Crash, The Hollywood Reporter, July 11, 2014

Tracy Morgan may not fully recover from traumatic brain injury sustained in car accident, The Washington Post, November 19, 2014

National Transportation Safety Board


More Blog Posts:
CPSC Votes to Make Mandatory Standards for Window Covering Cords, Boston Injury Lawyer Blog, October 11, 2014

Boston Porch Collapse Injures One Worker, Kills Another In Jamaica Plain Construction Accident
, Massachusetts Workers' Compensation Lawyer Blog, November 26, 2014

46.3 Million to Hit Roads Thanksgiving Weekend: Tips You Need to Know to Protect Your Family, Boston Car Accident Lawyer Blog, November 21, 2014