Articles Posted in Personal Injury

Massachusetts State Police confirmed four separate accidents involving a total of 19 cars on I-93 Monday morning. The accidents all took place in the left lane on the northbound side of the highway, right inside the Tip O’Neill tunnel. Traffic became a nightmare as “several miles of backups” were observed even after the crash site was cleared up. According to CBS Boston, the first accident was a chain-reaction involving nine cars. A few minutes later, four motor vehicles were involved in another, separate crash, followed closely by four more cars involved in yet another accident. The chaotic scene was capped off by a minor fender bender involving two vehicles.

State Trooper Todd Nolan said “one person was taken to Massachusetts General Hospital with possible injuries.” CBS Boston reports that the injured person was involved in the initial nine-car crash. There were no injuries in the last three accidents. Luckily, at this time it appears there were no life-threatening injuries, but 19 vehicles are now damaged, some perhaps totaled.

The cause of the crash was not immediately known and is under investigation, according to authorities. Boston has been hit hard with heavy rain all weekend, flooding some roadways and forcing the closure of several tunnels and ramps, including the Prudential ramp off the Pike on Sunday. WCVB Meteorologist Danielle Vollmar explained that, “between 2 and 5 inches of rain have fallen in just a few hours.” The rainfall, combined with temperatures hovering slightly above freezing provided treacherous conditions for especially distracted drivers rushing in on their morning commute. Several factors could have led to the string of left-lane accidents in the same spot including speed, an unsafe stretch of road, or weather. State Police also reported several crashes along the Mass. Pike as well as in Palmer, Shrewsbury, and Chicopee due to ice.
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On Sunday, December 15th, several store employees at Aubuchon Hardware in Cohasset, MA found themselves jumping for safety when a 51 year old woman crashed through the front window of their store. McGurl, the woman operating the vehicle, was using a homemade extender taped to the gas petal of her car which she couldn’t reach due to her height. McGurl said she had been using this homemade device (a block of wood and duct tape), for several months. While attempting to back up, McGurl hit the accelerator by accident and crashed through the front of the store into the checkout counter. There was substantial damage to the property and merchandise. Thankfully, nobody was injured in the accident, but McGurl will be summoned to court to answer to the charge of negligent operation of a motor vehicle.

A charge of negligent operation is applied when the driver endangers any person or the public by operating the car in a reckless or unreasonable way. A person can be charged with negligent operation even if they were not involved in an accident. Even if there is no one else on the road, a driver who operates his vehicle in a way that could potentially cause an accident or endanger anyone can still be found guilty of negligent operation. Unfortunately, it is more likely that a negligent driver will be involved in an accident in Massachusetts and that someone will be injured as a result. Though the most common form of negligent operation is drunk driving, a driver does not need to be intoxicated to drive negligently. Other examples of this type of negligence include speeding, tailgating, driving while exhausted, angry, or under the influence of drugs or alcohol, and inattention. If you are the victim of an accident caused by a negligent driver, you are entitled to compensation for your injuries, pain and suffering, lost wages, and the resulting medical costs.
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An Ashland teenager suffered severe injuries after she was struck by a car while walking to school this morning.

The girl, 16, was crossing the street in front of the Ashland Town Hall when she was hit. It was unclear to authorities whether the girl was in the crosswalk at the time of the accident. The teen was rushed to Beth Israel Deaconess Medical Center in Boston via medical rescue helicopter with severe head trauma, and multiple bodily injuries. Authorities are still investigating the cause to this accident, and have not released the identity of the teenager.

1369363617t5gfv.jpgUnfortunately, pedestrian traffic accidents account for more than 13% of all traffic-related fatalities and 3% of all personal injuries caused by motor vehicle accidents. According to the National Highway Traffic Safety Administration (NHTSA) a pedestrian is injured every eight minutes and one pedestrian dies every two hours as the result of a traffic accident in the United States. Approximately 20% of all pedestrian car accidents according to the NHTSA, are also hit-and-run accidents. While we do not have much information about this particular incident, what can be assumed is that this young lady was walking during the early morning hours; at a time where there was minimal daylight.

In order to prevent an accident and keep themselves visible to motorists, pedestrians should always:
-Wear bright or reflective clothing and carry a flashlight when walking during the early hours of the morning, at dusk, or at night.
-Walk on sidewalks (whenever possible) and walk against the traffic when there are no sidewalks.
-Cross at designated crosswalks whenever possible.
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Authorities in Middleborough have released new details in their search for the driver who struck and killed a local bicyclist last week.

Michael Dutra, 58, of Middleborough was the victim of the fatal hit-and-run accident, which occurred around 7 p.m. Friday evening. Authorities believe Dutra was either riding or walking his bicycle along Wood Street, where he resided.

Plymouth Country District Attorney Timothy Cruz, as well as Middleborough’s Chief of Police Bruce Gates, said that investigators of the accident had started to piece the scene together, and have collected debris from what they believe to be a light-colored model year 2005-2009 Jeep Grand Cherokee. Authorities think that the vehicle is possibly missing the front marker lens, may have a broken right headlight lens, as well as a damaged right front bumper. Investigators need your help. Anyone with any information regarding the case is encouraged to contact the Middleborough Police Department at (508) 947-1212.

While bike riding is a popular mode of transportation, it is also extremely dangerous, especially for individuals who choose ride at night. Unlike passengers in motor vehicles, bicyclists have no physical protective barriers against outside elements like cars, trees, guardrails, fences, and other large vehicles, and are at the mercy of others traveling on the road.

bike.jpgThe U.S. Centers for Disease Control and Prevention estimates that more than 500,000 people are treated for serious bicycle-related injuries each year, and more than 700 individuals die each year. A majority of these injuries are head injuries attributed to not wearing a helmet. Though many people dismiss the idea of wearing a helmet because of atheistic reasons, or because they feel their short commute does not warrant wearing one, wearing a helmet could make all the difference, and could even save a life. In fact, the National Highway Traffic Safety Administration found that bicycle helmets are 85-88% effective in preventing severe head and brain injuries. Other types of injuries commonly sustained in bicycle accidents include concussions, spinal cord injuries, broken bones, lacerations, paralysis, and death.
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Prosecutors will not be pressing charges against the Amherst truck driver who struck and killed a bicyclist last May.

Livingston Pangburn, a Hampshire College student, was fatally injured when he collided with an Amherst College box truck. According to the Northwestern district attorney’s office, Pangburn was traveling in heavy traffic along College Street, and did not stop with the traffic to allow the westbound truck to make a left turn onto the college’s campus.

fast-379343-m.jpgPolice reports stated that the driver of the truck did not see the cyclist in time to stop, and Pangburn was not able to maneuver around the truck in time to avoid the crash. Prosecutors do not believe that any impairment, cell phone use, or mechanical defects with the vehicle played a role in the accident.

While this is undoubtedly a tragic story, it also puts into perspective the dangers cyclists face when riding their bikes. Because bicyclists are extremely vulnerable compared to passengers to a motor vehicles due to their lack of physical barriers to protect themselves, it is crucial for them to do their part to prevent a serious accident from occurring.

5 Tips to Stay Safe on Your Bike

1. Always, always, always wear a helmet. While it seems to be a phrase engrained in everyone’s head, so many individuals do not understand how important helmets are in preventing serious head injuries. Some people dismiss the idea of wearing a helmet because of atheistic reasons, or because they feel their short commute doesn’t warrant wearing one. But wearing a helmet could make all the difference, and could even save a life.

2. Travel with the traffic, not against it. Always ride on the right side of the road, and go with the flow of traffic. Remember that bicycles are considered vehicles too, and cyclists are responsible for adhering to the same rules of the road as drivers. If you come to a stop sign or red light, you are legally bound to stop. In addition, you are responsible for yielding to pedestrians at crosswalks, just as motorists are.
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A 17-year-old was cited after she struck and seriously injured a couple and their infant child in the South End on Sunday afternoon.

According to witnesses and investigators, the teenager hit the couple and child as they were crossing the street near Columbus Avenue and Dartmouth Street. The teen’s car also hit a pole and the side of a brownstone at Lawrence and Dartmouth streets. The couple and their child were taken to Tufts Medical Center and Beth Israel Deaconess Medical Center for serious injuries. The child was not seriously injured and was released to family members. The father was admitted for a leg and head injury, and the mother suffered serious head and neck trauma.

4-25-13%20blog2.jpgThe driver was operating with a junior operator’s license, and had been driving with another 17-year-old in the car; a violation of J.O.L passenger restrictions. According to Massachusetts Law, junior operators may not operate a motor vehicle within the first six months of obtaining his or her license with an individual under the age of 18 years, unless accompanied by a person who is at least 21 years old, has at least one year of driving experience, holds a valid driver’s license from Massachusetts or another state, and is occupying the passenger seat. Violations of this restriction may result in the driver having his or her license suspended for 60-days and paying a $100 license reinstatement fee for the first offense. Subsequent offenses result in a longer suspension period, taking a Driver Attitudinal Retraining Course, as well as a reinstatement fee.

The teenager was most likely cited for the passenger violation, as well as operating to endanger, negligent operation, and reckless driving, which carries a license suspension of 180 days and a reinstatement fee of $500, for the first offense. The cause of the crash remains under investigation.
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Lawmakers in New Hampshire are considering changes to traffic laws after an unlicensed driver killed two cyclists just hours after she had been pulled over for speeding.

Darriean Hess, 19, was charged with two counts of negligent homicide after she plowed into a group of cyclists, fatally injuring two Massachusetts women, and seriously injuring two others. The cyclists were taking part in an annual charity ride along the New England coastline.

criminal-defense.jpgAccording to police reports, Hess had been stopped on the same road eight hours prior to the fatal accident and had been ticketed for speeding and driving without a license. The officer who had previously pulled Hess over had required her to wait for a licensed driver to pick up her and the vehicle she was driving. Hess is being held on $50,000 bail.

Under the current New Hampshire law, a driver may be charged with a misdemeanor only if he or she has already been cited for operating a vehicle without a license. Representative Renny Cushing, D-Hampton, has filed a bill that would make any violation committed by an unlicensed driver an automatic misdemeanor. If the new bill passed, police would have the option of arresting the driver or issuing a summons. The bill was submitted to New Hampshire police for their recommendations, but no other information on its progress is available.

According to Massachusetts General Laws, Chapter 90, Section 23, a person who is found driving while revoked, suspended, or otherwise unlicensed, may be subject to a fine from $500 to $1,000, and imprisoned for not more than 10 days, for the first offense. Subsequent offenses may result in 60 days to one year imprisonment as well as possible extension of suspension of license for an additional 60 days to one year.

While bike riding is a popular mode of transportation, especially in urban areas of Massachusetts, is can be extremely dangerous. According to the Centers for Disease Control and Prevention (CDC), more than 700 people are killed in bicycle accidents and another 500,000 people are treated annually for bicycle-related injuries. While wearing a helmet can prevent some injuries to the brain, bicyclists are still extremely vulnerable and susceptible to suffering other types of serious injuries, such as neck and spinal cord injuries, broken bones, and even death.
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An inspection report by the Maine State Police found that the truck and trailer that caused a fatal accident on Interstate 93 last week had violated safety codes and should have been taken out of service.

Part of the wheel assembly detached from a trailer hauling a modular home traveling southbound in Hooksett, New Hampshire on September 18. According to police, a wheel flew off the trailer, struck a northbound police cruiser, and bounced back into the southbound lane, subsequently striking another car, and killing the driver. The trailer, which belongs to Crawford Homes, Inc. which manufactures modular homes, violated numerous safety protocols.

In the report, State Police found that the trailer’s brakes were “inadequate” for safe stopping, as they were contaminated with grease and oil. In addition, the brake hose on one of the truck’s axels had deteriorated and was scraping against another piece of the truck. State Police reports also showed an issue with the service brake, in that when applied, there was significant air loss from the canister. Finally, the trailer’s remaining wheels had improper emergency braking. Safety records from the Federal Motor Carrier Safety Administration indicate that prior to this incident neither the company’s trucks nor drivers had been involved in an accident in two years.

file000474832304.jpgTrucking companies have a lot at stake, as injuries from these types of accidents often tend to be serious or fatal, as, unfortunately was illustrated in the accident last week. Subsequent to any accident, trucking companies may hire a team of investigators in order to mitigate the liability as well as the legal costs associated with the accident. After an accident occurs, it is imperative for the victim and the victim’s family to seek legal counsel with an experienced attorney. Some of the major causes of these types of accidents include driver fatigue, equipment failure, negligent maintenance, overload or improper loading of truck, driver inattention, non-compliance with federal regulations, and speeding. While it is still under investigation, negligent maintenance and equipment failure seem to be the two most prominent factors in what caused last week’s fatal accident.
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A 12-year-old Waltham boy was seriously injured after he was struck by a dump truck while riding his bike this morning.

According to police reports, the young man was hit near Pine Street in Waltham by a 22-year-driver of a dump truck. The boy was not wearing a helmet at the time of the accident, and was conscious when rescue officials arrived at the scene. He was flown by helicopter to Children’s Hospital in Boston to be treated for severe head and elbow lacerations.

With school back in session, it is important for drivers to be aware of the extra foot and bicycle traffic on the roads during the morning commute. This instance is an unfortunate example of how inattention can lead to a serious accident, injury, and sometimes death.

1059798_cyclist.jpgPedestrians and bicyclists are extremely vulnerable compared to passengers to a motor vehicle because they do not have any physical barriers to protect themselves if they are hit by a car, truck, or any other vehicle or object on the road. Boston and the surrounding Massachusetts communities, like Waltham, are filled with activity and traffic that pose serious threats to pedestrians’ and bicyclists’ safety. Broken bones, serious cuts and lacerations, bruises, skin burns, spinal cord injuries, brain injuries, and even death are common injuries of pedestrian and bicycle accidents.

Both pedestrians and bicyclists can do their part to increase their own safety by:
Always wearing a helmet while riding a bike. Helmets are the most practical way to prevent a serious head or brain injury in the event of an accident.
• Wearing bright or reflective clothing, carrying a flashlight or wearing a flashing headlamp when walking or riding at dusk and at night. Wearing dark clothing makes it harder for drivers to see, but wearing reflective clothing will ensure that you will be better seen by vehicle operators.
• Walk on sidewalks whenever possible or walk against traffic when there are no sidewalks.
• Ride in designated bike lanes, use proper hand-gestures to signal turns, and follow the rules of the road. Remember that bicyclists must follow the same rules as cars.
• Cross at designated crosswalks and avoid jaywalking whenever possible.
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It’s a statement that’s engrained in every driver’s head: “Don’t text and drive.” While Massachusetts and nearly every state across the nation have imposed laws against texting or using a cell phone while driving, one New Jersey state appeals court, has developed a new addendum for people who text drivers. Under this addendum, people who knowingly text a person who is driving, may be held liable if the driver causes an accident.

file000739321417.jpgThe idea may seem farfetched to some, but in fact, a couple from New Jersey used the notion as grounds for a lawsuit they filed against two teenagers. In 2009, the couple Mr. and Mrs. Kubert, were struck head-on while riding a motorcycle by then-18-year-old Kyle Best. Best was behind the wheel of his pickup truck while travelling down a rural highway road, when his friend Shannon Colonna, sent him a text message. Upon opening the message, Best’s truck crossed the center line and hit the Kuberts causing, in what court documents described as, a gruesome accident.

Both the Kuberts lost their legs in the accident. According to police and court documents, immediately following the incident, Best called 911, hung up, and then continued to receive at least two more messages from Colonna.

The Kuberts sued Best, but they also included Colonna in the lawsuit. To the Kuberts, had it not been for Shannon Colonna’s texts, Kyle Best would not have been distracted. They concluded that she was also responsible for their pain and loss. Though the Kubert’s initially lost against Colonna, they appealed the court’s decision. Their attorney, Stephen Weinstein argued that Colonna was “electronically in the car with the driver” and could essentially be treated like someone sitting next to Best, willfully distracting him. Despite the argument’s being unlikely to work, three New Jersey judges agreed with it – in theory.
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