Boston Injury Lawyer Blog

According to news reports, police have arrested a suspect in the 2010 hit-and-run crash that killed 81-year-old Christos Agganis. The suspect, 24-year-old Steffany Barbanti of Saugus, is suspected of striking the 81-year-old man then fleeing the scene and is being charged with leaving the scene of a fatal crash. She was arrested on Saturday, January 28, exactly two years to the day of the accident, supposedly as a result of an anonymous tip. Barbanti is expected to be arraigned today in Lynn District Court. Police also learned that, around the time of the crash, Barbanti had work done on her SUV. This charge comes after two years of investigation and thousands of dollars in reward money.

In January 2010, Agganis was apparently crossing the street in Saugus, on his way to a restaurant run by his relatives, Hammersmith Inn Restaurant in Saugus. Agganis apparently visited the restaurant several times daily and lived across the street. He was killed in the crash. Agganis’ nephew, who was inside the restaurant, looked outside the restaurant window and as he heard the car crash and saw the driver just keep driving.

Hit-and-run accidents are incredibly troubling for police, victims, and their families. In many cases, locating a hit-and-run driver can be close to impossible. Victims, therefore, fear whether their accident will be covered by insurance or if they have any legal recourse for their medical expenses and lost wages. Fortunately, some insurance policies will protect such a victim via uninsured motorist (UM) coverage where a driver cannot be located. If you have any questions about how to recover from a hit-and-run accident in Massachusetts, contact a Boston personal injury lawyer today.

Saugus police make arrest in 2010 hit-and-run crash that killed 81-year-old Christos Agganis, Boston.com, January 30, 2012

Arrest made in 2-year-old Saugus hit and run, Boston.com, January 30, 2012

According to a report published by the Highway Loss Data Institution in January 2012, talking on a hand-held cell phone is banned in 10 states and in Washington, D.C. This group includes several states in the Northeast region of the country, including Connecticut, Delaware, Maryland, New Jersey and New York. Massachusetts is not among the listing, although the state legislature has recently been debating the issue.

Massachusetts banned texting while driving in September 2010, when the Safe Driving Law became effective. The Commonwealth also bans drivers under age 18 from using a cell phone while driving. School bus drivers and passenger bus drivers are likewise banned from using cell phones while driving, for apparent safety reasons. Violations of these laws result in fines and license suspensions. As of yet, however, Massachusetts currently does not have a comprehensive law banning hand-held cell phone use while driving.

Last week, a session of the Joint Committee on Transportation held a cell phone law hearing on the issue of banning handheld cell phones while driving. Various proposed bills recommend a variety of different bans, including:
• use of handheld cell phones by ALL Massachusetts drivers
• use of wireless phones while driving through school zones
• use of cell phones while operating a vehicle in a school zone
• use of hands-free devices while making cell phone calls
• use of cell phones while driving through school zones
• use of cell phones by holders of junior driver’s licenses

According to a 2010 report from the National Safety Council analyzing distracting driving behaviors, at any point in time an estimated 11% of all drivers are talking on cell phones while driving, and approximately 1.4 million crashes in 2008 involved talking on cell phones—which, according to the Council, is greater than the number of accidents due to texting or emailing. Several zealous Massachusetts legislators are keen on expanding MA driving laws to prohibit cell phone use while driving, in an attempt to reduce the number of car accidents each year, although advocates are facing resistance from opponents.

If you have a question about current cell phone laws in Massachusetts, or if you were injured by a driver using his or her cell phone, an experienced Boston car accident attorney can help you through the process of filing a claim.

Hands-Free Info, January 10, 2012

Cellphone and texting laws, Insurance Institution for Highway Safety, January 2012

Safe Driving Law Summary, Massachusetts Department of Transportation - RMV Division

Understanding the distracted brain, National Safety Council, March 2010.

Police have charged Lisa Leavitt with motor vehicle homicide while intoxicated and negligent driving in the Haverhill pedestrian accident that claimed the life of Karen LaPierre early Sunday morning. At the time, LaPierre, 63, was loading her car with doughnuts she had picked up to bring to church for morning service.

She died after she was struck from behind by Leavitt’s auto. Authorities say that while LaPierre was pinned between the two vehicles she was able to stay alive, but once the two cars were separated she died almost immediately.

Leavitt, 37, reportedly had a BAC of .18%, which is two times over the legal driving limit, after the crash. She failed a Breathalyzer test twice.

Leavitt, who admitted to police that she fatally struck LaPierre, has pleaded not guilty to the criminal charges. Her lawyer says that she was taking medication for seasonal depression. She also was in the process of getting more help for her condition.

Leavitt’s bail has been set at $50,000 cash. A judge said that if she is released she will have to wear a GPS bracelet and a home device would have to be installed so the authorities will be able to tell whether she’s consumed any alcohol.

According to the National Highway Traffic Safety Administration, although there was a decline in the number of US alcohol-impaired-driving deaths—10,228 fatalities in 2010, down from 10,759 deaths in 2009—in Massachusetts, there was a slight increase in drunk driving-related fatalities with 115 alcohol-impaired-driving deaths in 2010, which is slightly up from the 106 deaths in 2009. During both years alcohol-impaired-driving fatalities made up more than 30% of Massachusetts traffic deaths.

Our Boston injury lawyers represent victims and their families involved in Massachusetts drunk driving accidents. Although it’s never easy for anyone, including the drunk driver, to cope with the consequences, it is important that the injured person or his/her family is able to recover compensation from all negligent parties.

Hopefully, the drunk driving crackdown planned by local, state, and federal officials will help keep the number of Boston traffic accidents to a minimum this holiday season. U.S. Transportation Secretary Ray LaHood says the government’s nationwide efforts, called "Drive Sober or Get Pulled Over” will involve “invisible” law enforcement officers who will watch people that are drunk and then apprehend them when they try to drive.

U.S. Transportation Secretary Ray LaHood Announces 'Drive Sober or Get Pulled Over' Crackdown on Drunk Driving, NHTSA, December 13, 2011

Drunk driver kills woman heading to church, according to police, Boston Herald/AP, December 18, 2011

More Blog Posts:
NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010, Boston Injury Lawyers Blog, December 9, 2011

NTSB Calling for Total Cell Phone Ban on All US Roads and Highways, Boston Injury Lawyers Blog, December 15, 2011

Peabody Police Hit as a Pedestrian, Boston Car Accident Lawyer Blog, December 12, 2011

Continue reading "Police Say Haverhill Pedestrian Accident Was Caused by Drunk Driver" »

Last week, our Boston injury lawyers published a blog post about a new National Highway Traffic Safety Administration study on text messaging and cell phone use while driving. As evidenced by the number of distracted driving fatalities that happened in 2010, too many people are dying because there are drivers that are multitasking and distracted.

Now, the National Transportation Safety Board is calling for all states to ban any type of cell phone use—including texting—unless it is an emergency situation. Over the last decade, the NTSB has made efforts to limit the use of portable electronic devices by commercial truckers, new drivers, and school bus drivers, but this is the first time that it is calling for a ban that would apply to all drivers. Handheld and hand-free devices would both be barred. Passengers that are not driving, however, would still be allowed to use their cell phones and other devices.

Although the NTSB cannot dictate state law, lawmakers do seriously consider what the federal agency has to say. Currently, in Massachusetts, only school bus drivers, passenger bus drivers, and drivers under 18 are prohibited from using cell phones. There is no ban on the use of hand-held phones—although Rep. Cory Atkins, D-Concord has introduced legislation to make the use of a hand-held cell phone while driving illegal. All drivers are banned from texting in Massachusetts.

Distracted Driving Lawsuits
Distracted driving has proven to be a huge problem among motorists. Even though people are aware of how dangerous talking on a cell phone or text messaging can be when operating a motor vehicle, many motorists cannot seem to stop themselves from making a call, sending a text, checking on email, or surfing the Web and these behaviors are causing serious injuries and killing people.

Some in Mass. eye tougher cellphone restrictions, Boston, December 14, 2011

NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011

National Transportation Safety Board

More Blog Posts:
NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010 , Boston Injury Lawyer Blog, December 9, 2011

Peabody Police Hit as a Pedestrian, Boston Car Accident Lawyer Blog, December 12, 2011

Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011

Continue reading "NTSB Calling for Total Cell Phone Ban on All US Roads and Highways" »

The National Highway Traffic Safety Administration has published its 2010 Fatality Analysis Reporting System, and our Boston injury lawyers are pleased to report that the latest figures show that last year saw a drop in Massachusetts motor vehicle crash deaths. There were 314 traffic fatalities in the state in 2010, which is a 26% dip from the 340 deaths in 2009.

Federal traffic safety officials announced that 32,885 US traffic deaths for 2010, this is the lowest number of motor vehicle fatalities that the country has seen in a year since 1949. This record-breaking low happened even as motorists traveled almost 46 billion more miles than in 2009. US Transportation Secretary Ray LaHood is crediting “our safety agency and partner organizations” for their efforts.

There was, however, a 1.2% increase in the number of US motor vehicle crash injuries that occurred. Nationally, 2,243,000 people were hurt in traffic accidents in 2010, which is slightly more than the 2,217,000 motor vehicle crash injury victims from 2009.

The federal government also released its findings from a survey that reported an increase in the number of people who text and drive at the same time despite the growing awareness that this is dangerous. Young people are especially prone to texting while driving.

More than 6,000 drivers participated in the survey. Per its results, at any given moment in 2010, nearly 1 out of ever 100 drivers was emailing, texting, surfing the Internet, or doing something else on a handheld device while operating a motor vehicle—that’s a 50% jump from the year before. A few of survey’s other findings:

• Both women and men are just as likely to make or take cell phone calls, text, or read email while driving.
• Drivers under age 25 are 2-3 times more likely to text or email than older drivers.
• Aside from poor weather conditions, traffic jams, or a fast traffic pace, most drivers found there were few situations during which they wouldn’t text and drive.

The NHTSA says there were 3,092 distracted driving deaths in 2010.

Gov't survey of drivers finds 2 in 10 texting, Bloomberg Businessweek/AP, December 8, 2011

U.S. Transportation Secretary LaHood Announces Lowest Level Of Annual Traffic Fatalities In More Than Six Decades, NHTSA, December 8, 2011

2010: Motor Vehicle Crashes: Overview, December 2011 (PDF)

More Blog Posts:
Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011

Man in Wheelchair Killed on Busy Street in Brockton, Boston Car Accident Lawyer Blog, October 28, 2011

Massachusetts Supreme Judicial Court to Consider Whether Drunken Driver Acquittal Rate is Too High, Boston Injury Lawyer Blog, October 31, 2011

Continue reading "NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010 " »

The state’s highest court is getting ready to take a formal look into whether Massachusetts drunk driving acquittal level at the district court level is too high. The announcement of the inquiry comes following a report by the Boston Globe that the judges had a 30% greater acquittal rate than juries in the state.

Former chief trial counsel for the Suffolk district attorney’s office Jack Cinquegrana, who also previously served as Jack Cinquegrana and Boston Bar Association president, has been tasked with figuring out the acquittal rate for jury-waived OUI cases and how that compares with the national average.

According to the Globe’s Spotlight Team, certain counties have acquittal rates that continue to rise. In Suffolk County, judges are acquitting OUI defendants in 88% of cases. The acquittal rate by judges is Plymouth County for 86%. Some district court judges say that one reason the conviction rate is low is that prosecutors are often reluctant to drop OUI cases that don’t have enough evidence.

Our Boston injury lawyers represent victims of Massachusetts drunk driving accidents that wish to obtain recovery from the negligent motorist. In certain instances where there was an establishment that served alcohol to the intoxicated driver before he/she got into the car and caused the car crash, you may be able to also pursue damages from that entity under Massachusetts’ dram shop liability laws.

On a positive note, federal officials say there has been drop in Massachusetts drunk driver fatalities between 2005 and 2009. The 27% decline is attributed to safer vehicles and tougher enforcement. The RMV is also reporting that the ignition interlock locks now required for chronic offenders have helped reduce the number of OUI accidents in the state. Only 115 of the 10,000 motorists ordered to install the devices in their vehicles were again convicted for drunk driving.

Drunken driving down in Massachusetts, Boston Herald, October 28, 2011

For drunk drivers, a habit of judicial leniency, Boston.com, October 30, 2011

Related Web Resources:
MassDOT, RMV

Massachusetts Law About Drunk Driving, Massachusetts Trial Court Law Libraries

More Blog Posts:
Is the State Doing Enough to Prevent Massachusetts Car Crashes and Discourage Drunk Driving?, Boston Injury Lawyer Blog, February 12, 2011

More Wrongful Death Lawsuits Filed in 2009 Wrong-Way Driving Crash on Taconic State Parkway that Killed Eight, Boston Injury Lawyer Blog, July 31, 2011

Drunk Driver Kills Two Teens Not Wearing Seatbelts in Somerville, Boston Car Accident Lawyer, April 25, 2011

A 22-year-old driver has been charged in the Worcester, Massachusetts car crash that left two people dead. A prosecutor says that Robert J. Curran was allegedly driving at 80-100 mph at around 2am when he struck the vehicle transporting 19-year-old Joel Rodriguez and 18-year-old Andres Guzman. Also injured in the Massachusetts car accident was 19-year-old Jesus Molina, who was riding in the car with Guzman and Rodriguez.

Curran, a Grafton resident, is accused of then stopping at the Worcester County traffic accident site but then leaving. He faces charges involving negligent driving, motor vehicle homicide, leaving the scene of an accident where there has been a fatality, personal injury, and property damage, speeding, and operating a vehicle while having a suspended license.

Curran, who is hospitalized at UMass Memorial Medical Center—University Campus over his injuries, has pleaded guilty to all the charges. He reportedly left the Worcester motor vehicle accident site after paramedics arrived. He then went to a Webster hospital where he told staff that he was hurt during a brawl at a bar.

Motorists are not supposed to leave a Massachusetts car accident. This means that they cannot stop momentarily and then take off—especially if anyone else involved in the crash got hurt or died.

If you or someone you loved was injured in a traffic accident that was caused by another party, you should speak with a Boston injury lawyer right away. Massachusetts motor vehicle accidents can cause traumatic brain injuries, spinal cord injuries, organ damage, disfigurement, back and neck injuries, and wrongful death.

You may be entitled to Boston personal injury compensation for medical bills, lost wages, property damage, funeral costs, burial expenses, and other damages.

Driver in double fatality is held on $20,000 bail, Telegram.com, October 11, 2011

Related Web Resources:
Car accidents, Nolo

Speeding, Advocates for Highway and Auto Safety

MASSDOT

More Blog Posts:
Can Cell Phone Addiction Cause Boston Car Accidents?, Boston Injury Lawyer, August 27, 2011

Driver in Head-On Collision Pleads Guilty to Driving to Endanger, Boston Car Accident Lawyer Blog, September 28, 2011

Foxboro Man Seriously Injured in Rollover Accident, Boston Car Accident Lawyer Blog, August 10, 2011

Continue reading "Worcester, Massachusetts Car Crash Kills Two" »

According to some experts, the constant use of mobile devices may soon end up classified as an addiction similar to alcoholism or drug addiction. This is bad news, considering that most people won’t go anywhere without their cell phones, and dangerous when you think about how many accidents occur every year because people can’t stop talking on their phones or texting while driving.

Our Boston injury lawyers want to reemphasize that talking or texting on a cell phone while driving can cause Massachusetts car crashes. If you or someone you love was involved in a cell phone driving collision that resulted in serious injuries, do not hesitate to contact us right away to request your free case evaluation.

In the Gettysburg Times, psychologist David Greenfield says that continual and frequent use of PCs, laptops, and phones actually triggers a chemical response in the body similar to the one activated by gambling. This type of reaction can make it hard for the person to stop. Also referenced in the same media outlet is psychologist Michael Breus, who is also a sleep specialist. Breus says that some people get so worried that they might miss out on a call or a message that they have to sleep next to their phones.

Now why would cell phone addiction be a concern in terms of motor vehicle safety? Because even though a person addicted to his/her mobile devices might know that talking or texting on a cell phone or checking emails while driving is dangerous, he/she might not be able to resist sending or receiving messages and making phone calls. A cell phone addicted driver might be so distracted while driving that he/she could end up causing a catastrophic Boston car accident. Then again, one doesn’t have to be addicted to mobile devices to be become distracted just long enough for there mere seconds it takes to strike another vehicle or a pedestrian.

As the National Safety Council recently noted, cell phone use is a factor in at least 1.3 million US collisions a year. About 1.2 million likely involved people talking on cell phones. Also, texting while driving can up the chances of a collision by at least 23 times.

Granted, outside the context of driving a motor vehicle, constant use of a cell phone seems harmless enough—although some critics believe that this behavior can have a negative impact on personal relationships and sleep and may possibly up the risk of cancer. However, anytime a driver has at least one hand off the steering wheel, both eyes off the road, and his/her focus/concentration elsewhere, the chance of Boston personal injury and wrongful death on Massachusetts' roads goes up.

Are cell phones the newest addiction?, Gettysburg Times, August 3, 2011

National Safety Council Estimates that At Least 1.6 Million Crashes Each Year Involve Drivers Using Cell Phones and Texting, National Safety Council, January 12, 2010

Related Web Resources:
Distraction.gov

Cell Phone and Texting Laws, Governors Highway Safety Association

More Blog Posts:
90-Day Review of Massachusetts Distracted Driving Law, Boston Car Accident Lawyer Blog, February 18, 2011

At Distracted Driving Summit, Families of Car Accident Victims Bring to Life the Deadly Consequences of Multitasking While Behind the Wheel, Boston Injury Lawyer Blog, October 2, 2009

OSHA Pushes for Safer Occupational Drivers, No Texting for Drivers on the Job, Massachusetts Workers Compensation Lawyer Blog, April 26, 2011

13 people were injured when a Newton motor vehicle crash on Monday when a van drove into a stopped garbage truck at around 9am. Three of the special needs passengers sustained serious injuries. The Jaws of Life had to be used to remove the passenger in the front seat. At the time of the Middlesex County traffic crash the van was taking the adult special needs passengers to the Price Center where they were going to avail of rehabilitation and employment services.

Police have charged the driver of the van, Addis Gabriel Woldeguiorguis, with driving while driving under the influence of drugs. Woldeguiorguis, who was also injured in the Newton van accident, told police that he took oxycodone pills a few hours before the Newton traffic crash because his foot hurt and he suffers from diabetes, prostate cancer, and tuberculosis. However, police also say that they found a crack pipe, and a bag with what they think might be crack cocaine.

The company that Woldeguiorguis, was operating the van for is called AART Transportation. The Boston Globe says that Woldeguiorguis had an extensive traffic history in New York going back to the 1980’s, including a notation for drug possession in 2005. However, because regulators only check a driver’s Massachusetts record when assessing the credentials of contracted drivers, these out-of-state violations went undetected.

It is the job of employers to make sure that any drivers that they retain have a solid driving record and are good, experienced, and safe drivers. Employers can be held liable for Boston personal injury if the person that they hired was negligent in causing a collision that resulted in someone getting hurt or dying. There may also other parties affiliated with the vehicle or the service provided by the driver who should also be held financially liable for the victim's injuries or death.

Van crash shocker: Charged driver has spotty record, Boston Herald, August 2, 2011

Driver of special needs van faces OUI charge after Newton crash injures 13, Boston.com, August 1, 2011

Related Web Resources:
Massachusetts General Laws

The Price Center

More Blog Posts:
Is the State Doing Enough to Prevent Massachusetts Car Crashes By Discouraging Drunk Driving?, Boston Injury Lawyer Blog, February 12, 2011

Drunk Driver Crashes Stolen Car After Police Chase on Interstate 93, Boston Car Accident Lawyer, June 17, 2011

Continue reading "Newton Van Crash Involving Stopped Garbage Truck Injures Special Needs Passengers" »

Our Boston Injury Lawyer Blog occasionally covers accidents and lawsuits that occurred outside the state of Massachusetts. In this post, we bring the latest on a tragic accident that made national headlines two years ago:

Daniel Schuler, the husband of Diane Schuler, is suing the state of New York and his brother-in-law for wrongful death. Diane, 36, and seven others, including their 2-year-old daughter Erin and her three nieces, were killed in 2009 after she drove her minivan the wrong way on the Taconic State Parkway and collided in a head-on crash with another vehicle on July 26, 2009. Now, Daniel is seeking compensation for Erin and her brother Bryan, 5, who survived the collision with serious, permanent, serious injuries.

Toxicologists later said that Diane was drunk and high that day. Test results indicate that she had marijuana and the equivalent of 10 shots of vodka in her system. Daniel, however, believes the findings are a mistake. In his wrongful death complaint against NY State, he says that the highway is inadequately designed and had poor signage.

Daniel is also suing his brother-in-law Warren Hance, who owned the minivan that Schuler was driving, on the grounds of vicarious liability. Hance is the father of Emma, 8, Alyson, 7, and Kate, 5, who were in the minivan with Diane that day. Meantime, Hance’s wife, Jackie, is suing Diane Schuler’s estate for her daughters' wrongful deaths.

Also killed in the 2009 wrong-way driving accident were the three people in the vehicle that the minivan collided with: Michael Bastardi, 81, his son Guy Bastardi, 49, and Daniel Long, 74. The Bastardi family is suing Schuler’s estate. They are also suing Hance because he is owner of the vehicle that Diane was driving.

Car Accident Cases
As evidenced by the details above, obtaining personal injury recovery for injuries sustained in a car crash can be tough—especially when there are multiple parties involved with conflicting claims. This is just one of the many reasons why, in Massachusetts, that you need to be represented by a Boston injury lawyer that can fight for your right to recovery.

Husband of Wrong-Way Taconic Driver Sues State, In-Law, NBC, July 26, 2011

Wrong-way driver's husband sues state, others over crash, USA Today, July 27, 2011

Wrong-way family feud, NY Post, July 26, 2011

Another Claim in Wrong-Way Deaths of 8, Courthouse News, July 29, 2011

Related Web Resource:
Diane Schuler, NY Daily News

HBO: There's Something Wrong with Aunt Diane


More Blog Posts:
Boston Wrong-Way Accident on Mass Pike Kills One Man and Seriously Injures His Friend, Boston Injury Lawyer, December 29, 2009

Drunk Driver Causes Fatal Accident on Interstate 95, Boston Car Accident Lawyer, May 16, 2011

Breathalyzer Test Records Not Considered Testimony In Massachusetts Supreme Judicial Court for Convicted Drunk Drivers, Boston Car Accident Lawyer, May 25, 2011