Personal Injury

June 12, 2013

Seatbelts Could Have Saved 3 BU Students in New Zealand Car Accident, Officials Say

The three Boston University students killed last May when their minivan flipped on a rural New Zealand road, could have survived had they been wearing seatbelts, officials said.

Rotorua, New Zealand Constable Tina Mitchell-Ellis, said that the three students who died, and a fourth who suffered severe brain trauma, were not wearing seatbelts and were thrown from the van. The four other passengers in the van who were wearing seatbelts survived and sustained only minor injuries.

The students had all been a part of a study-abroad program in New Zealand and were driving in a rural part New Zealand to begin a scenic hike. According to reports, the driver of the van, Stephen Houseman, became distracted while driving and drove onto the side of the road before over-correcting and flipping the van four times.

Neither drugs nor alcohol were involved in the accident, and police did not suspect Houseman was speeding before the accident. Officials believe that inexperience with driving a van and being unfamiliar with the roads contributed to the accident. Houseman pled guilty to careless driving and had his license suspended for six months.

This tragic accident involving Massachusetts college students is a stark reminder of the dangers of operating a motor vehicle or being a passenger in a motor vehicle, and not wearing a seatbelt. According to both the National Highway Traffic Safety Administration and the National Safety Council, seatbelts are the most effective safety device for preventing serious injury or death in the event of a car accident. In fact, wearing a safety belt can reduce the risk of serious injury during an accident by more than 50%.

In a study done by the NHTSA, 42% of motor vehicle passengers who were killed in accidents were not wearing a seatbelt. Under Massachusetts law, seatbelt violations fall under secondary enforcement laws; meaning that a driver can be ticketed by an officer for not wearing a seatbelt only if he or she has committed another traffic violation. The seatbelt usage rate in Massachusetts is estimated to be around 74%, which is lower than the National average (88%). However, the NHTSA estimates that over 1,600 lives could be saved and 22,000 injuries prevented each year if seatbelt usage was at 90% in every state.
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May 20, 2013

Investigation Continues in Fatal Boston Hit-and-Run Accident Involving MIT Professor

by Altman & Altman

Police are still investigating a hit-and-run bicycle accident near Kenmore Square that killed an MIT professor this weekend.

Kanako Miura, 36, a native from Japan and visiting professor at MIT since 2012, was struck and killed by a truck while riding her bike at the intersection of Beacon Street and Baystate Road around 3:30 p.m. on Sunday.

The truck fled the scene. Police say they are looking for a garbage truck that was possibly involved in the accident.

Bikes are considered a way of life in the city, but residents say that the area around Boston University is especially dangerous for anyone including cars and pedestrians, with accidents occurring at an average rate of two to three times per week.

Since 2007, Mayor Thomas Menino has strove to make Boston a more bike-friendly city by implementing more infrastructures such as bike lanes and bike paths to support more cyclists as well as installing the Hubway bike share program. In 2011, Boston was rated one of the safest cities to ride in in the United States, and this year, Cambridge received a Gold-Level rating for being one of the most bicycle-friendly communities in the nation.

Still, with more riders on the road today than ever before, the city is faced with the challenge of how to prevent more accidents from occurring. In a report published by the City of Boston in correspondence to Bike Safety Month, the Boston Police Department reported a bike ridership increase of 28% (56,000 trips per day) as well as a 2% increase in accidents (488 in 2012) since 2010. In more than half of the bike accidents reported, the cyclist was not wearing a helmet.
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May 14, 2013

League of American Bicyclists Recognizes Cambridge, MA as Gold-Level Bicycle Community

by Altman & Altman

On Monday, the city of Cambridge was named a Gold-level bicycle friendly community by The League of American Bicyclists, making it the highest rated city to bicycle in on the East coast. The recognition and ceremony comes in observance of National Bike Safety Month.

Cambridge, which is only one of 18 cities nationwide that has received this award, was recognized on its bicycle friendliness, infrastructure, and its investment into bicycle promotion with the establishment of the Hubway share program.

According to city officials, there are three times as many bikers on Cambridge and Boston roads today, than there were only a decade ago. Many bikers cite traffic congestion and the “Green” lifestyle appeal as their reasons for switching to two wheels.

State leaders have shown their enthusiasm for the shift in bike riding, and last fall, the Department of Transportation (MassDOT) announced that by 2030, it wanted to triple the rate of biking, walking, and public transit. Currently over 22,000 people regularly cycle to work around the entire commonwealth. The biggest challenge MassDOT faces is the process it will take to educate people about the rules of the road, and the development of necessary infrastructure to encourage and accommodate more cyclists.

Advocates are pushing for more improvements on safety before encouraging more cyclists onto the roads, based on the rates of bicycle accidents around the city-especially those involving collisions with motor vehicles. According to the National Highway Traffic Safety Administration, 39 cyclists were killed and 2,100 people sustained non-fatal injuries between 2007 and 2011 in Massachusetts. Five cyclists have already been killed this year.
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April 3, 2013

Gordon College Freshman Dies in Car Crash in Lakeville, MA

by Altman & Altman

A Gordon College freshman died in a car crash Saturday in the southeastern Massachusetts town of Lakeville.

Officials pronounced Monica DeMello, 18, of Middleborough, dead at the scene after being involved in a two-vehicle accident on Route 44, according to a statement from the Lakeville Police Department.

The other driver, Kathleen Allen, 23, of Middleborough, is scheduled to be arraigned in Wareham District Court on a number of charges, including drunken driving negligence, motor vehicle homicide, drunken driving with serious injury and negligence, driving to endanger, and a marked lanes violation. Emergency responders transported her unidentified passenger by medical helicopter to Brigham and Women’s Hospital in Boston.

Gordon College President D. Michael Lindsay wrote on the school’s Facebook page, “This is a tragedy and a shock to all of us, especially on the eve of Easter.” Lindsay said university officials will be talking with students to determine the best way for faculty, staff, and students to “celebrate Monica’s life and to grieve her loss as a community.” “May the blessed assurance of Monica’s place with our risen Savior be a comfort in these coming days,” Lindsay wrote.

A Facebook page created in DeMello’s honor now has over 900 members. The introduction page read, “We were blessed by such a beautiful person and the world is a better place by having her. You’ve earned your Angel wings Monica, now fly over us all and protect us.” Family, friends, classmates, former classmates, and well-wishers have all posted comments expressing their grief and shock at her death.

DeMello graduated from Bristol-Plymouth Regional Technical High School, and formerly lived in Taunton, MA. Her mother and sister live in Middleborough, and her father resides in Florida.

Rick Sweeney, the college’s vice president for marketing and communications, said the school is planning “some opportunity for the entire campus to come together.” He described DeMello’s passing as a tragedy for her family and friends, as well as the other driver involved. The community will “remember her as a wonderful girl full of life,” he said.

Notifying the Gordon College community was challenging, Sweeney said, because students were off for Good Friday and the Monday after Easter. Students will be back on campus, where about 1,530 undergraduates live, this week.
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March 27, 2013

Police Say Weymouth, MA Driver Intentionally Struck Pedestrian

by Altman & Altman

Police claim a patron left Buck’s Bar & Grill without paying his tab, climbed into his car, and rammed a customer who chased him outside trying to get him to pay his bill.

Captain Rick Fuller said the driver, Michael K. Fay, 48, of Weymouth, MA refused to pay his bill and then left the restaurant. “The victim followed him outside and demanded that he return and pay the bar tab,” Fuller said. “The suspect attempted to back out and struck the victim, pinning him between two vehicles. The suspect then fled the area.”

Fay now faces criminal charges including leaving the scene of an accident after causing personal injury, operating under the influence of alcohol and causing serious bodily injury, operating a motor vehicle to endanger and leaving an accident scene after causing property damage.

Emergency responders transported the alleged victim, a 38-year-old Weymouth man, to South Shore Hospital for treatment of severe trauma, said Fuller. “The victim was later transported to Brigham and Women’s Hospital in Boston because of the severity of his injuries,” he said. The incident took place at around 8:36 p.m.

Police found Fay shortly after the incident on North Street after officer Ryan Hamacher recognized the license plate number and vehicle matched the description witnesses provided, Fuller said. “It was confirmed that Fay was the suspect in this hit-and-run pedestrian crash,” he said.

Fay allegedly failed numerous field sobriety tests before officials charged him with operating under the influence and other offenses, according to Fuller.

Police held Fay overnight at police headquarters on $5,000 cash bail before his arraignment, Fuller said.

“The accident is currently being investigated by the Weymouth Police Fatal Crash Reconstruction Team,” Fuller stated.
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March 25, 2013

Two Drivers Stuck Under Tanker in Crash on Mass Pike in Framingham, MA

by Altman & Altman

Two women were hurt when the vehicle they were in crashed and became lodged under a tanker truck on the Mass Pike in Framingham, MA.

The accident occurred when a 2011 Honda Pilot traveling in the left lane drifted into the breakdown lane, struck a guard rail, swung back across the road and hit the side of a 2006 Western Star Tanker Trailer, said Trooper Thomas McCarthy in his report. This caused the tanker to jackknife and block all three lanes. A third vehicle, a 2013 Honda CRV carrying Lisa Nguyen, 32, of Malden, and Trang Pham, 39, of Everett, crashed and became stuck under the tanker.

Framingham EMS brought Pham and Nguyen to Leonard Morse Hospital for treatment of minor injuries. The driver of the tanker was not injured and the operator of the Honda Pilot sustained non-life-threatening injuries.

The accident resulted in the closure of all traffic lanes for an hour during the rescue operation, investigation, and clean-up, backing up traffic for about five miles.

Multiple people contacted the State Police Barracks in Weston about the crash on Route 90 Westbound at the 115 mile marker in Framingham. State police, and Framingham and Natick Fire and EMS all responded to the crash.

Troop E of the Massachusetts State Police and the State Police Commercial Vehicle Enforcement Section are investigating the accident.
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March 19, 2013

Mother and Daughter Hurt in Arlington, MA Car Crash

by Altman & Altman

A vehicle with five juveniles and an open container of alcohol struck and injured a mother and daughter, said Arlington Police Captain Richard Flynn.

Police responded to the incident on Sunday at 6:30 p.m., after the car full of juveniles crashed into the automobile carrying a mother and her daughter, which then hit a car parked in a driveway. All three vehicles sustained major front-end damage.

Firefighters used the Jaws of Life to free the daughter from the second car, Flynn said. She reported back and hip pain, and was bleeding from the head, while her mother complained of back and neck pain. Emergency responders brought them both to Massachusetts General Hospital.

Three juveniles left the other car unharmed, Flynn said. An officer smelled alcohol on them and noticed an open container of alcohol in the vehicle, but they all denied drinking. The female driver passed field sobriety tests. Police tracked down two young men who fled the vehicle, Flynn said. When Flynn asked why they left, they claimed they were worried of getting in trouble, but denied drinking, he said.

Police charged all five juveniles with possession of alcohol as minors, having an open container in a vehicle, and the driver with speeding and operating a vehicle to endanger, Flynn said.
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March 18, 2013

Car Crash Knocks Out Power to Hundreds in Longmeadow, MA.

by Altman & Altman

A single car crash knocked out power to hundreds of residents in Longmeadow, MA.

Longmeadow police and fire departments responded to the accident that occurred just before 6:30 p.m. near the Longmeadow Country Club. Slick road conditions caused the 16-year-old woman driver, whose name authorities did not release, to lose control of the vehicle she was operating and strike a telephone pole at 400 Shaker Road, resulting in the outage. The woman was able to free herself from the vehicle before it burst into flames.

Fire Captain Andrew Fraser said it was a miracle that she escaped her vehicle safely. “No one can figure out how she got out without getting electrocuted. It was a 1 in a million chance,” says Captain Fraser.

A witness to the accident, Sarah McCarthy, helped save the driver’s life. McCarthy was passing by after staying late at work when she and her daughter saw the minivan slide on ice, cross Shaker Road, and collide with the telephone pole. The 16-year-old girl got out of the vehicle and looked stunned, standing within feet of 13,000 volt power lines. McCarthy recognized the girl as one of her daughter’s friends. “I called over to her come here now in the best motherly tone I could. She got into the back of my car. I threw it in reverse and just as that happened, there was an explosion,” McCarthy said.

Longmeadow Police Captain John Stankiewicz said the girl was lucky. In my career, I have not seen something of this magnitude where somebody survived. She is a very fortunate young lady,” he said. Most of the time, he added, it’s safer to stay in your car if wires fall on it because the car is grounded. “It’s the lesser of two evils. You have to pick your poison. In this situation, she chose the right course of action,” he said.

The crashed caused about 650 Western Mass. Electric customers to lose electricity. WMEC said they sent a crew to make repairs, and had power turned on for just about every affected customer by 8:30 p.m. They hope to restore power to any remaining customers as quickly as possible.

The accident resulted in approximately $100,000 in damages to three poles, phone and power lines, and equipment, said Fire Captain Fraser.
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March 12, 2013

Former Middleboro, MA Teacher Dies in Tragic Car Crash

by Altman & Altman

A former Middleboro High School teacher and boys soccer coach died in a car crash Saturday night.

James Braga was driving on Route 44 when his vehicle collided with another car just after 9:00 p.m. Officials pronounced Braga dead at the scene at 9:25 p.m., said Bridget N. Middleton, spokesperson for Plymouth County District Attorney Timothy J. Cruz. State and local police are investigating the accident, Middleton said.

Selectman Alfred P. Rullo Jr., who has known Braga since high school, said the news hit him hard. “He was a good friend. I’m going to miss him a lot. This is a tough one. Middleboro lost one of their good guys that’s for sure.” Rullo spent Sunday with Braga’s family. He explained that they were too grief-stricken to speak with the media. “It’s a nightmare. They need some time,” he said.

It appears that one of the cars was traveling west on Route 44 when it crashed into another car that was heading south on Everett Street, but Middleton refused to specify which car Braga was operating.

Three ambulances and a medical helicopter responded to the crash, according to police scanner reports. An unidentified man was also hurt in the crash, Middleton said. Emergency responders brought him to a Boston-area hospital for treatment, and he was eventually released.

Braga left behind his wife Kerrie (Mosley) Braga, three sons, Jonathan, 29, James, 36, and Keith 41, and a sister, Gail, who is living in New York.

Funeral arrangements have not been made, but the service will likely take place in Middleboro, Selectman Rullo said.

Selectman Rullo said he and Braga became friends after high school. They were part of a foursome that took an annual golf vacation to New Hampshire. “He loved to play golf,” Rullo said. Braga was a few years behind Rullo in high school, and served in the U.S. Air Force.

Braga taught high school business and coached the boys soccer team, taking them to the championship, Rullo said. Braga lost his teaching position when the business program was cut. He then went on to have a career inspecting older, urban properties scheduled for rehabilitation with federal money, Rullo said.
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March 7, 2013

Andover, MA Man Dies in Collision on Route 125

by Altman & Altman

An Andover, MA man was killed and two others were seriously injured in a head-on collision on Route 125 in Wilmington.

Robert Leon, 47, of Andover, died after the 2013 Toyota Corolla he was operating crashed head-first into a 2004 Chevrolet K1500 SUV. The Corolla crossed the center line, narrowly missed another vehicle, and then crashed into the SUV. Officials are still investigating why Leon’s vehicle crossed the center line.

The collision took place at around 8:30 p.m. on a stretch of Route 125 close to the North Reading line.

Wilmington and Andover Fire Departments arrived at the accident site, and used the Jaws of Life to free Leon from his car. Officials pronounced him dead at the scene.

Massachusetts State Police have identified the occupants of the SUV, but are not releasing their names. Officials believe that the 43-year-old man and 12-year-old boy, both of Wilmington, are father and son. An ambulance brought them to Lawrence General Hospital with non-life threatening injuries.

Troop A of the State Police is investigating the accident with assistance from the State Police Collision Analysis Reconstruction Section, Crime Scene Photo, Wilmington and Andover Police Departments, and Massachusetts Department of Transportation.

Route 125 was closed for about 2 ½ hours when investigators and cleanup crews were on the scene.
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