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Posted On: November 30, 2010

Workers Try to Prevent Collapse After Truck Crash into Roxbury Building

A Boston Transportation Department tow truck crashed into a Roxbury building Monday night, and work is in progress to prevent a collapse. The truck hit the 61 St. James Street building shortly before 6 p.m., and six families have been displaced.

The driver, who had been placed on administrative leave, submitted to alcohol and drug testing and is cooperating with an investigation. According to the Boston Globe, he told police that his brakes failed. Witnesses have said that the truck wasn’t speeding.

Even when a truck is not speeding, there is still the possibility of negligence. Sometimes, inattention or fatigue can contribute to truck accidents. Where brakes fail, as this driver says was the case here, it’s possible that the truck was maintained negligently or that there was a defective truck part. There are various parties that can be responsible in these kinds of cases, and an attorney can look into all of the possible avenues.

Damage to property, especially a home, can be devastating. Here, the destruction of a building that can house six families is a lot of damage. Property damage claims should be addressed right away. At Altman & Altman, we have recovered compensation for countless clients who have suffered damage to their property as a result of the negligence of another person. We have been doing this for many years, and we’d be happy to speak with you if you think that you might have a claim.

Source: The Boston Globe, Tow truck remains stuck in Roxbury building as crash is probed

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Posted On: November 29, 2010

Tractor-Trailer Crash Causes Evacuation of Palmer Residents

On Friday evening around 7:30pm, a crash involving a tractor-trailer carrying about 100 gallons of propane led to a fire and knocked high voltage wires to the ground. Police evacuated residents of Palmer, Massachusetts within a three-quarter-mile radius of the accident as a precaution. They were taken to two nearby middle schools until about 1am Saturday, when they were allowed back into their homes.

The tractor-trailer had reportedly crashed into a utility pole. Massachusetts police are still investigating the exact cause of the accident, but no injuries were reported.

Although there were no injuries in this particular case, accidents involving tractor-trailers can lead to catastrophic injury. Earlier this year, three teenagers were injured when the SUV they were riding in collided with a tractor-trailer. A firefighter also sustained injuries during the rescue efforts.

Source: Residents Back Home After Propane Truck Crash, The Boston Channel, November 27, 2010

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Posted On: November 29, 2010

Andover Teen Hit by Car on Way to School Bus

A 14-year-old Andover girl was hit by a car on her way to the bus stop today, Andover police told the Boston Globe. The accident occurred near 200 Andover St. at 7:15 a.m. The girl was sent to Lawrence General Hospital, and her condition is not yet known.

The driver was a 17-year-old girl who has been charged with a school bus violation and impeded operation.

As this news illustrates, car accidents can happen at any given time. You can be on your way to school one minute and be suffering from a serious personal injury the next.

It also raises another common theme in Massachusetts car accidents: teen driver safety (or lack thereof). Teen drivers are uniquely prone to car accidents for many reasons. Inexperience, immaturity, and the sense of invincibility that commonly comes with youth can contribute to accidents involving teen drivers. Teens can also be more susceptible to peer pressure and image concerns and therefore speed, not wear seatbelts, text while driving, or even drink and drive. Because of these and other factors, teenaged drivers frequently find themselves involved in car accidents.

The fact that this teen driver was charged with a school bus violation and impeded operation could indicate that she was negligent or reckless. In Massachusetts, the violation of a statute or ordinance is evidence of negligence where there is a causal connection between the violation and the harm and that kind of harm is the kind that the statute was meant to prevent. Even though this driver is a minor, driving is an adult activity and she will be held to the same standard of care as an adult.

Source: The Boston Globe, Teen struck by vehicle in Andover

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Posted On: November 24, 2010

Thanksgiving Driving Safety

The long Thanksgiving weekend is about to begin, and people are starting to hit the road. Major highways are seeing heavy traffic as people begin to travel to their Thanksgiving destinations, but so far there have been no serious car accidents, the Boston Globe reported. The Southeast Expressway, I-93, and tunnels are experiencing slowdowns as low as 20 mph.

The holidays are always challenging as far as travel goes, and 90 percent of Thanksgiving travelling is done by car. As a result, car accidents are usually on rise during this season.
The holidays should be a time to enjoy with family and friends, and suffering a personal injury during this time can be particularly difficult. The following are holiday travel tips to help protect you and your family from a devastating personal injury:

• Drive more slowly than usual and leave room for sudden breaking.
• Check the weather and try to avoid driving during storms and dangerous road conditions.
• Although the holidays are a time for parties and festivities, don’t drink and drive. Have a designated driver when you are planning to drink.
• The holidays can be exhausting, but don’t get behind the wheel when you feel too tired. Of all crashes that result in hospitalization, 12.5% are caused by fatigue.
• Give yourself plenty of time to reach your destination so that you don’t feel the urge to speed.
• Always wear your seatbelt.

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Posted On: November 24, 2010

NHTSA Deciding Whether to Investigate Honda Unintended Acceleration

The National Highway Traffic Safety Administration (NHTSA) is determining whether to open a full-blown investigation into possible Honda Accord hybrid acceleration problems. An unidentified woman filed a complaint with the federal agency asking it to investigate after she was injured and her passenger died in a crash in her 2005 Accord Hybrid. She said that her car crashed into oncoming traffic after losing break power and accelerating on its own. Many documents on the NHTSA website indicate that several have been injured in similar accidents in these cars, according to the Boston Herald.

Similarly, Toyota has received thousands of unintended acceleration complaints in recent years. More specifically, since 1999, 2,262 incidents involving sudden and unintended acceleration of Toyota cars have been recorded. Last year alone, Toyota had to recall about 10 million vehicles, and after the recalls, Toyota faced hundreds of law suits. The unintended acceleration problem came under even more public scrutiny when an off -duty California police officer was recently killed in one of these crashes.

If the NHSTA decides to open the Honda investigation, the results should be interesting. In August, the agency released its preliminary findings about possible Toyota defects, and driver error (hitting the gas instead of the break) was determined to be the main cause of the failed breaks and unintended acceleration. So, time will tell whether these Hondas are defective in design or manufacture or whether drivers are misapplying the pedals.

Source: The Boston Herald, NHTSA reviews claim of Honda acceleration

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Posted On: November 24, 2010

Pedestrian Hit by Car in Lexington Center

According to WickedLocal.com, a 2004 Honda Civic hit a 17-year-old pedestrian last week. The accident occurred around 6pm last Thursday near TD Bank in Lexington. The male teen was reportedly crossing Massachusetts Avenue in a crosswalk when he was struck by the car.

The driver involved in the accident said he could not see around the van in front or him and hit the pedestrian’s lower leg. Police officers responding to the accident said the pedestrian may have sustained injuries to his wrist. The incident resulted in minor damage to the Honda’s hood above the left headlight.

Massachusetts law states that drivers are required to yield to pedestrians in a crosswalk. Failure to do so could result in a $100 fine. Massachusetts drivers hit an estimated 10,000 pedestrians each year.

Source: Pedestrian struck on Mass. Ave. in Lexington Center, WickedLocal.com, November 18, 2010

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Posted On: November 22, 2010

Police Investigating Fatal Pittsfield Car Accident

A 70-year-old Pittsfield man who was involved in a motor vehicle accident last month has died at Albany Medical Center, apparently from serious injuries he sustained in the October 19 accident.

Pittsfield police say they are continuing to investigate the fatal accident, which involved a 49-year-old woman who was cited for failing to stop for a pedestrian in a marked crosswalk. They are asking anyone who witnessed the pedestrian accident to call (413) 448-9700.

Authorities are reviewing the circumstances around the crash to determine if the driver will be held criminally responsible. Cases where a driver may be found criminal responsible include when the driver is found to have been driving too fast, driving under the influence of drugs or alcohol, or driving recklessly with willful and wanton disregard for the probability that the driving may cause an accident. Driver negligence is considered less severe than reckless driving.

Source: Pittsfield Fatal Accident Police continue investigation, The Berkshire Eagle, November 19, 2010

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Posted On: November 19, 2010

Massachusetts Votes to Raise Minimum Age of All-Terrain Vehicle Riders

Earlier this year, the Massachusetts General Assembly voted to raise the minimum age of All-Terrain Vehicle (ATV) riders to 14 years of age. The minimum age had been 10 years with adult supervision on a parent’s land for those between 10 and 12 or 12-14 for those supervised by an adult over 18. Safety advocates and trauma surgeons urged legislators to raise the minimum rider age and prevent ATV accidents.

The state Senate passed similar legislation in January but included a provision for younger riders in a sanctioned with adult supervision. Before the bill becomes a law, Massachusetts lawmakers must find compromise language.

According to ATVSafety.gov, there were 17 reported deaths in Massachusetts from ATV accidents for children under 16 between 1982 and 2005. The total reported ATV deaths in Massachusetts during that same time period was 66. All ATV riders are required to wear a helmet.

Source: Massachusetts’ House Raises Age of ATV Riders, The Safety Record, June, 2010

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Posted On: November 18, 2010

Boating Accident Kills Weymouth Man, Injures Another

A boat capsized early Monday morning, claiming the life of a 64-year-old Massachusetts man and injuring his brother. The two were found in Boston Harbor by Coast Guard after family members called and said they did arrive home as expected. Rescue helicopters found one of the brothers around 5:52am. He was taken by rescue helicopter to Massachusetts General Hospital.

The other brother was located around 8am but was unresponsive according to Coast Guard. A rescue helicopter crew brought the man back to Station Point Allerton before we was reportedly transferred to local EMS and later died. It’s not known why the two brothers were on Boston Harbor but it’s been conjectured that they attempting to retrieve lobster traps near Hull Gut.

Because of the hazards associated with being on the water the Massachusetts Boat and Recreation Vehicle Safety Bureau prohibits operating boats under the influence of drugs or alcohol, operating at greater than headway speed within 150 feet of a swimmer, or operating in an overloaded condition. It’s unclear if any of these were a factor in the fatal boating accident.

Source: 1 Brother Rescued, 1 Drowned In Boston Harbor, TheBostonChannel.com, November 15, 2010

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Posted On: November 17, 2010

Woman Hit by Orange Line Train

An Orange Line train at Malden Center struck and killed a 41-year-old woman on Monday. She was standing on the platform around 1:30 p.m. when she was hit. She fell into the tracks and was later pronounced dead at Massachusetts General Hospital.

Transit police detectives are conducting an investigation. Authorities did not say whether this was a suicide or an accident.

Source: The Boston Globe, Woman, 41, struck and killed by Orange Line train in Malden, officials say

If you have suffered an injury in an MBTA accident, call Altman & Altman LLP. We can help you to work out your claim. We have successfully brought claims against the MBTA for almost 50 years.

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Posted On: November 16, 2010

Grafton Car Crash Kills Two Massachusetts Men

According to NECN and other news sources, a single-vehicle accident early Sunday morning killed two 21-year-old men and seriously injured another. The driver reportedly lost control over his 2005 Nissan Maxima and was killed when it rolled over, also killing one passenger.

Another passenger was thrown from the vehicle and sustained serious injuries. The Natick man was taken by ambulance to UMass Medical Center in Worcester. Massachusetts State Police are still investigating the circumstances surrounding the rollover accident.

The National Highway Traffic Safety Administration states that rollover accidents are among the most serious types of accidents. About 3% of all passenger car and light trucks and vans accidents involve a rollover; however, about one-third of all traffic fatalities involve rollovers. SUVs have the highest rollover fatality rate (59%), while passenger cars have the lowest (23%).

Sources:
Two men die in early morning accident on Mass Pike, NECN, November 14, 2010
Single-car crash kills 2 on Mass. Pike, MyFoxBusiness.com, November 14, 2010
Report from NHTSA

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Posted On: November 15, 2010

Driver in Fatal Connecticut Car Accident Sues Victim's Parents

David Weaving, a 48-year-old Connecticut man who struck and killed a 14-year-old bicyclist, is suing the child’s parents for letting the child ride without a helmet. It is a countersuit to a filing by the family alleging negligence. Both Weaving and the family are seeking more than $15,000 in damages.

Weaving is currently serving a 10-year prison sentence for manslaughter.

According to prosecutors, the fatal crash occurred when Weaving passed a car at more than 80 mph in a 45 mph zone. Weaving asserts that he was driving at the speed limit. Weaving was previously convicted of drunk driving four times before the crash.

Source: The Boston Herald, Driver in fatal crash sues victim’s parents over boy’s lack of helmet

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Posted On: November 15, 2010

Salem Man Dies in Canton Pickup Truck Accident

Earlier this month, a 27-year-old man Massachusetts man was reportedly killed when his Ford pickup truck hit a tree. The single-vehicle accident occurred on Saturday, November 6 at 3:08am. The victim was a former defensive end for Boston College’s football team. He was residing in Salem.

No one else was in the pickup truck at the time of the accident. According to Wicked Local Canton, the Canton Police Department and the Massachusetts State Police Accident Reconstruction Team is investigating the cause of this fatal truck accident.

In cases like this one, where there were no other vehicles involved in a traffic accident, common causes include driver fatigue, medical emergencies such as a heart attack, speed, or alcohol. At this point, it is unknown if any of those were a factor.

Source: Former BC High football player killed in Canton accident, WickedLocal.com, November 12, 2010

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Posted On: November 12, 2010

MBTA Releases Documents Relating to 2009 Accident on Green Line

On Wednesday, the Massachusetts Bay Transportation Authority released dozens of documents related to the 2009 trolley crash that injured dozens of passengers and caused over a million dollars in estimated damage. The MBTA has blamed the train accident on driver inattentiveness, but the NTSB is still examining probable causes. Its report may not be ready for another several months.

According to the documents released earlier this week, MBTA workers said there was zero warning before the Green Line trolley slammed into the train in front of it, knocking passengers off their feet. The accident occurred in a tunnel between Government Center and Park Street on the Green Line.

The operator involved in the subway accident, who had been texting his girlfriend at the time, was initially charged with a felony, but his lawyers successfully argued against those charges. Prosecutors brought new charges of gross negligence against him, and he now awaits trial in Suffolk Superior Court. Here in the Commonwealth of Massachusetts, the penalty for gross negligence is a fine of not more than five thousand dollars or imprisonment for not more than two and a half years.

Source: MBTA driver: No warning in 2009 Green Line crash, Boston Globe, November 10, 2010

MBTA operators detail ’09 crash, Boston Globe, November 11, 2010

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Posted On: November 11, 2010

Authorities Blame Ice for Several Massachusetts Highways Accidents

Icy road conditions may have played a role in several Massachusetts car accidents that occurred over the weekend. Police offers were injured in two of those crashes.

At about 6am Monday morning, Falmouth police officer Richard Everton sustained non-life threatening injuries when his cruiser spun out of control and flipped over. Everton was responding to a crash on Route 28.

According to a state police spokesman, a trooper sustained minor injuries in separate car crash in Millbury. Because icy roads create dangerous driving conditions, the Massachusetts Department of Transportation and the Registry of Motor Vehicles recommends driving at reduced speeds and never locking your brakes when there’s ice. Also make sure that your fuel tank is at least half fuel to reduce the likelihood of it freezing.

Source: Several crashes reported on icy Mass. highways, Boston Globe, November 8, 2010

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Posted On: November 9, 2010

Fatal Car Rollover Crash in Raynham Under Investigation

A two-vehicle accident on Route 495 in Raynham killed a Brockton man earlier Monday morning. The 57-year-old man reportedly lost control of his 2002 Nissan Pathfinder sport utility vehicle and hit the guardrail. A preliminary investigation also revealed that he swerved into the path of a 1999 Freightliner tractor trailer unit. The impact caused the SUV to roll over onto its roof, and the driver was pronounced dead at the scene of the accident.

The 56-year-old driver of the tractor-trailer did not sustain injuries in the crash. The roadway was wet with rain at the time of the fatal accident, but it’s unclear whether those conditions were a factor. Troop H of the Massachusetts State Police is investigating the cause and circumstances surrounding the crash.

Here in Massachusetts, drivers involved in a crash where the damage is at least $1,000 or where at least one person is injured are required to file a motor vehicle crash operator report within five days, even if a police officer was on the scene. The report includes information on weather conditions, injuries, vehicles involved, and other aspects of the crash.

Source: UPDATE: State Police investigate fatal crash in Raynham, WickedLocal.com, November 8, 2010

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Posted On: November 8, 2010

Woman Struck and Killed by Lowell Bus

Judyann Lamothe, a 53-year-old Lowell woman, was killed last Thursday when she was hit by a bus. Lamothe fell under the wheels of a Lowell Regional Transit Authority shuttle as it moved out from a bus stop in downtown Lowell, according to the Boston Globe.

An administrator from the LRTA said the bus driver had a good driving record and had been with company for 13 years. The administrator also said that the accident happened as Lamothe was banging on the back of the bus, trying to get on as it was driving forward, but that the driver didn’t hear her. He said that that was when she fell underneath the back wheel. Police are still investigating the accident.

Bus accidents can be the result of many different factors including driver error and inattention, bad weather, malfunctioning equipment, poor maintenance and dangerous traffic conditions. In certain circumstances, the person injured might be entitled to compensation for their injuries.

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Posted On: November 8, 2010

Brockton Man Killed in SUV Rollover

A 57-year-old man from Brockton was killed this morning when his 2002 Nissan Pathfinder hit a guardrail and rolled over on I-495 in Raynham. A tractor- trailer unit driven by 46-year-old Kevin Anthony of Woburn hit the SUV when it rolled into a traffic lane.

Police are still investigating the cause of the crash, but it happened when the roads were wet.

Even though some car crashes result only in damage to property, many like this one cause death or serious injury like spinal cord injuries, brain injuries, broken bones, severed limbs, and burns. Car accidents can happen at any time, blindsiding people on a routine Monday-morning commute. At Altman & Altman LLP, we have successfully handled thousands of personal injury and wrongful death cases arising from car crashes.

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Posted On: November 8, 2010

Single Vehicle Crash in Mansfield Kills Taunton Man

A car accident killed a Massachusetts man last Tuesday evening around 10pm. According to police, the 62-year-old Taunton resident was driving a 2004 Honda CRV on Route 495 when he lost control of the vehicle and veered into the media strip. The Honda reportedly rolled over, ejecting the driver, who was later taken by ambulance to Attleboro’s Sturdy Memorial Hospital. He was pronounced dead from injuries sustained in the rollover accident.

Following the fatal car crash, the left lane of Route 495 was closed for about two hours. Police say there were no other vehicles involved in the accident, but it’s unclear what caused it. The accident reconstruction team is working to uncover a cause. Alcohol and speed are often factors in motor vehicle accidents, so they will be probing the scene of the accident to see if those may be causes.

Here in Massachusetts, the minimum fine for speeding is $50. If the driver exceeds the speed limit by more than 10 mph, they may be subject to a fine of an additional $10 per mph over the speed limit.

Source: Taunton man killed in rollover crash in Mansfield, Taunton Gazette, November 3, 2010

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Posted On: November 5, 2010

Massachusetts Car Accident Lawyers Discuss International Safety Stats

According to a recent article in USA Today, an American traveler dies in a car crash on foreign roads every 36 hours on average. The publication analyzed State Department data from January 1, 2003 and June 2010. Nationality aside, someone is injured or killed every six seconds on the roads of the world, according to global safety initiative Make Roads Safe.

The World Health Organization warns that the number of people internationally who die each year in traffic accidents will rise from 1.3 million to 2.4 million by 2030 unless actions are taken to make roads safer.

That’s why the General Assembly of the United Nations has proclaimed 2011-2020 as the Decade of Actions for Road Safety. A global plan to reduce the number of car crashes internationally is anticipated to be unveiled next May. The doctor who’s in charge of developing the plan says will focus on boosting safety in low- and middle-income countries.

The Centers for Disease Control and Prevention recommends that Americans who are injured overseas seek medical attention immediately and contact the local U.S. Embassy or Consulate if needed.

Source: U.S. traveler dies on foreign road every 36 hours on average, USA Today, October 22, 2010

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Posted On: November 5, 2010

Driver Sideswipes Cars on Commonwealth Ave.; 1 Injured

One person was injured on Thursday when a driver went down the wrong side of Commonwealth Avenue near Fenway and sideswiped between 5 and 10 cars, according to the Boston Globe. Citizens detained the driver until police arrived. A spokesperson for the Boston Police Department said that she was not sure if the driver was arrested. The accident is still being investigated.

Car crashes can involve very serious injuries, and the resulting medical costs can considerably exceed Personal Injury Protection insurance and the coverage that your own medical insurance provides.

Persons injured in crashes could be entitled to compensation from any and all negligent parties. To determine who the negligent parties may be, the best approach is to investigate the scene, retain car accident and medical experts, and examine all of the evidence. Therefore, it is important to call a personal injury attorney right away.

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Posted On: November 4, 2010

Plainville Motorcycle Accident on I-495 Kills Man

According to Massachusetts police, a 38-year-old man was killed in a motorcycle crash on Saturday afternoon around 3:15pm. The man was reportedly riding a 2011 Victory Jackpot motorcycle when he lost control, swerving into the breakdown lane and hitting the guardrail.

The cyclist sustained serious injuries when he was ejected over the guardrail. He was pronounced dead at the scene of the accident. As of Sunday, Troop H of the Massachusetts State Police were investigating the circumstances of the motorcycle accident.

Massachusetts issues motorcycle (class M) permits and licenses to those over the age of 16 who have not had a driver’s license revoked. Those with a Class M permit are not permitted to carry passengers and may only drive during daylight hours. Those over 18 with a valid Class M permit may apply for a Class M license. Those 16 ½ and older who have successfully completed all JOL requirements and the Massachusetts Rider Education Program (MREP) may also apply with parental consent.

Source: Rhode Island man dies in motorcycle accident on I-495 in Plainville, WickedLocal.com, October 31, 2010

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Posted On: November 3, 2010

Templeton Man Dies in Pickup Truck Accident on I-84

On Saturday night, a Massachusetts man died in a traffic accident after his GMC Sierrra hit a tree of Interstate 84. State police said the 52-year-old man was driving eastbound when his vehicle veered off the road. He was not wearing his seat belt and was pronounced dead at the scene of the accident.

The truck accident remains under investigation. An autopsy will also be performed to determine the cause of death.

Here in Massachusetts, all drivers and passengers age 12 years and older are required to wear seat belt. However, exceptions include on-duty postal workers, emergency vehicle passengers and police and fire vehicle drivers, and drivers and passengers of vehicles made before July 1966.

The state’s current seatbelt law went into effective on February 1, 1994. Failure to wear a seat belt is a secondary offense in Massachusetts, but drivers can be fined $25 for a first offense and $25 each for unrestrained passengers 12-16 years old.

Source: Pickup hits tree on I-84 median, killing Massachusetts man, Republican American, November 1, 2010

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Posted On: November 1, 2010

Dedham Native Dies in Pickup Truck Crash

A traffic accident last month claimed the life of a 23-year-old man from Dedham. He’d played football at Dedham High School and Mount Idea College in Newton, Massachusetts before moving to Maine to work as assistant football coach at Maine Maritime Academy.

According to a sheriff’s report, the man died at the scene of the truck accident after the pickup truck he was driving crashed and rolled over just after midnight on Sunday, October 24. Another assistant football coach was riding in the truck and sustained minor injuries.

Memorial services for the truck rollover victim were held last Friday. The cause of the crash remains unknown, but common causes for truck accidents include driver fatigue or inattention, speeding, non-compliance with federal safety regulations, and an overloaded (or improperly loaded) truck. According to the National Highway Safety Administration, 11% of the traffic fatalities reported in 2008 involved large trucks.

Source: Football coach from Dedham killed in Maine crash, Boston Globe, October 26, 2010

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