Boston Car Accident Lawyer Blog

The driver of a gasoline tanker truck has died after his tanker crashed into a median in Saugus on Route 1 and exploded. Neal Michaud, 59, from Manchester, N.H., lost control of the vehicle at approximately 2:15 a.m. on Sunday morning. David Procopio, a State Police spokesman, reported that the truck hit the median before rolling over the barrier and into the opposite lane of traffic. Six cars collided into the gasoline truck and an explosion ignited from the leaking oil. It is approximated that the truck was holding up to 11,000 gallons of fuel.

Michaud could not escape from the cab of the truck and he died at the scene of the accident. He was driving the truck for PJ Murphy Transportation of Methuen. The truck was burned to its frame. Several vehicles were also severely damaged and many had their tires burned completely off of their wheels. Three motorists sustained minor injuries and were treated at local hospitals. Procopio confirmed that one motorist, Kevin Fitzgerald, 60, a resident of South Hamilton, sustained severe burns and had emergency surgery at Massachusetts General Hospital.

Approximately 45 minutes after the truck crashed, a second explosion ignited in a nearby creek due to the spilt gasoline leaking into storm-drains. Fire Chief James L. Blanchard said that this fire sent burning embers into a neighborhood, catching fire to a house, two greenhouse buildings, fences, and numerous areas of brush. Blanchard said, “Lights were shaking from the ceilings of homes, and people woke up to see flames in the back of their house.’’

Saugus resident Michael Shaw, 41, woke up to the sounds of explosions: “They sounded like transformers popping off. That’s what I thought it was first, but then three more came…I looked out the window again and I saw a ball of flame rising.’’ His wife, Nicole, 36, said, “There were explosions going down and the embers were flying on top of our house…I grabbed my kids and the dogs and put them in the car.’’

The residential neighborhood was evacuated and 120 residents had to find shelter in the early morning until they were allowed to return home later that day. The Saugus Fire Department reported an eight-alarm response and fire crews from Boston, Revere, Chelsea, Woburn, Somerville, Belmont, Cambridge, Lynn, Lynnfield, Burlington, Danvers, Stoneham, Malden, Winchester, Medford, Wakefield, Everett, and Winthrop responded. Special units from Massport Fire Rescue helped to contain the gasoline fire with chemical foam equipment that is used for putting out airplane fires. Fire Chief Blanchard said, “We had to get foam in there, and we needed lots of it…Without foam, there’s no hope of controlling the fire.’’

Officials confirmed that most of the gas had burned off in the fires and that drinking water was not affected. Edmund Coletta, a spokesman for the Massachusetts Department of Environmental Protection said “It appears that the gasoline was consumed by the fire…Even though it was released into the environment, it appears to have been consumed at this point.’’

State Representative Donald Wong, who toured the scene of the accident and subsequent fire, said, “We’re fortunate that it happened when it happened…If it happened on a weekday when Route 1 is filled with traffic it would have been much worse.’’

State Police are investigating the accident and the cause of the crash. Procopio said the company has a sound safety record and that “Our commercial vehicle team has had interactions with the company in a positive manner. They have a very good safety record.’’

If you have been involved in a Massachusetts car accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer.

Source:

Gas tanker crash creates Route 1 inferno, The Boston Globe, July 24, 2011

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A hit-and-run bicycle accident in Attleboro is under investigation. Just before 11:30 p.m. on Thursday night, a resident of Attleboro, Justin Duphilly, 20, was riding his bike on South Main Street when he was struck from behind by a vehicle that drove up onto the sidewalk and then drove off. Detective Sgt. Arthur Brillon said that the vehicle was a black sedan, which could have been a black Ford Taurus. Police are asking anyone who was near the scene of the hit-and-run accident at 456 South Main Street on Thursday night to contact the authorities.

According to authorities, Duphilly was flung into the air due to the collision and landed on the sidewalk. He was taken to Rhode Island Hospital in Providence for numerous injuries, but none were life-threatening. He was released after treatment for stitches, an abrasion on his back, a gash behind his ear, and multiple bruises.

Duphilly´s cousin was with him at the time of the accident. He was riding his bike behind Duphilly and witnessed the accident but was not injured.

Police report that the driver did not stop after hitting Duphilly and fled the scene of the accident. He continued north on South Main Street in the direction of Attleboro´s city center. Because of the nature of the accident, it is possible that the car sustained damage on the front of the vehicle which could help police to identify both the vehicle and the driver.

The accident continues to be under investigation by officers Joseph Ryan, Brett Poirier, and Sgt. James MacDonald while police search for the vehicle and driver.

The 20-year-old victim stated, "I would like to know what he was on and I want him to get caught."

According to Massachusetts General Law, Part I, Title XIV, Chapter 90, Section 24, the first offense for knowingly fleeing the scene of an accident is: "a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both."

We have seen this spring and summer an increase of bicycle accidents in and around the Commonwealth. The warm weather, the expensive gas prices, and the exercise that bicycle riding provides leads to many more cyclists in the warmer seasons. In this case, the victim was very fortunate that the injuries weren’t life threatening.

The victim will still have to deal with his injuries and damage to his bicycle. There are different insurance avenues that one goes through when hit on a bicycle, and the issues become even more complex when the vehicle leaves the scene. For instance did the bicycle rider have an automobile policy, did a household member have an active insurance policy? Did anyone get the license plate of the vehicle? These among many other issues need to be identified to successfully assist someone that has been hit while riding a bike.

If you have been injured in a Massachusetts bicycle accident or involved in an accident with a bike and car, it is in your best interest to contact an experienced Massachusetts bicycle accident lawyer.

Sources:

Bicyclist struck by hit-and-run car, WPRI.com, July 16, 2011

Police seek help in crash probe, The Sun Chronicle, July 16, 2011

Massachusetts General Laws, Part I, Title XIV, Chapter 90, Section 24

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A Jamaica Plain man has died after a two-car crash early on Sunday morning in Quincy. A preliminary investigation by State Police reveals that the 50-year old Jamaica Plain man was driving a 1995 Ford Explorer on Quincy Shore Drive northbound when another vehicle driven by a man from Plymouth, 28-year-old Anthony Deicicchi, was driving southbound and crossed over the center divider line into the opposite lane of traffic. Deicicchi hit the Explorer head-on. The 50-year-old driver and his passenger, a 22-year-old Dorchester man, were both taken to Boston Medical Center with life-threatening injuries. The 50-year-old driver was pronounced dead at the hospital. Deicicchi´s passenger, a 27-year-old man from Hull, was taken to Boston Medical Center, also with serious injuries.

Deicicchi will be arraigned for the death of the driver in Quincy District Court. State Troopers found that Deicicchi was under the influence at the scene of the accident and arrested him. He has been charged with motor vehicle homicide while operating under the influence, two counts of operating under the influence of alcohol causing serious bodily injury for the two surviving victims, operating under the influence of alcohol, negligent operation of a motor vehicle, and for violating marked lanes.

The accident is under investigation by Troop H of the Massachusetts State Police, the State Police Collision Analysis and Reconstruction Section, and the State Police Crime Scene Services Section.

Massachusetts General Law, Part I, Title XIV, Chapter 90, Section 24, (1) (a) (1), states that “Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances…shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.”

Although the circumstances and the cause of the accident are still under investigation, it is very likely that this accident was due to Deicicchi´s inebriation. The National Highway Traffic Safety Administration (NHTSA) estimates that in 2006 alone, 17,941 people died because of alcohol-related collisions in the United States.

As summertime approaches its midpoint, we unfortunately see more of these tragic accidents. Failing to use common sense while drinking and driving can have catastrophic consequences on your life and the lives of others. You have heard this a thousand times before but it can’t be said enough - if you choose to drink, drink responsibly. Whether it requires to take a cab, leave your car, call a friend, our just stay where you are until you are able to safely drive, please do it.

If you have been a victim of a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Source:

Plymouth man charged in fatal crash, Wicked Local Plymouth / Enterprise News, July 11, 2011

Massachusetts General Laws, Part I, Title XIV, Chapter 90, Section 24

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The driver of a fatal accident over two months ago in Somerville has been indicted and will be arraigned in Middlesex Superior Court on July 6. Kenneth Belew, 21, from Somerville, has been indicted on two counts of motor vehicle homicide. He was allegedly driving under the influence and crashed his vehicle. The crash resulted in the death of two of his five passengers.

Belew has been indicted by a Middlesex County Grand Jury on charges of negligent operation of a motor vehicle and two counts of motor vehicle homicide by operating under the influence of liquor.

On April 21, Belew allegedly left a local bar after alcohol consumption and met up with a group of people at a house in Somerville where he reportedly continued to drink. At 3:15 am, Belew and a group of five people left the house to drive to local restaurant. Belew was asked to slow down by his passengers after speeding and running a red light. At this point, three of the passengers in the vehicle put on their seatbelts. The two deceased teenagers were sitting on the laps of two other passengers in the backseat and remained unrestrained. According to investigators of the accident, Belew was driving excessively fast before losing control of his vehicle. His passangers were thrown forward upon impact and were ejected from the vehicle. All of the victims were transported to Massachusetts General Hospital where their injuries were treated. This is a tragic situation and is a needless end to two lives of his passengers.

Although the charges against Belew are allegations and he is presumed innocent until proven guilty, his blood alcohol was measured at the scene of the accident as 0.17 which is more than twice the legal limit of blood alcohol content.

While we have limited facts as to how much alcohol he consumed at each location, one of the questions that needs to be addressed is whether or not he may have been over served at the bar he went to. Also, when he went to the house, who served him the alcohol- -an issue to be investigated is whether there is a social host liability issue? No matter who did the serving, this is a horrible tragedy that could have been avoided.

Middlesex District Attorney Gerry Leone said “This defendant is alleged to have driven under the influence of alcohol with a blood alcohol level over twice the legal limit, while recklessly driving erratically and at a high rate of speed along a public highway…This defendant’s alleged actions resulted in killing two young girls and injuring three passengers. Impaired driving is a serious public safety concern that can have life changing consequences, as is alleged to be the case here.”

The National Highway Traffic Safety Administration (NHTSA) estimates that 17,941 people died because of alcohol-related collisions in the United States in 2006 alone.

If you have been involved in a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Source:

Somerville man indicted on motor vehicle homicide charges, The Somerville News, July 1, 2011

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