Boston Injury Lawyer Blog

The Massachusetts House passed a measure that would not only bar drivers in the state from talking on handheld phones, but also would prohibit them from texting while driving. The bill is the latest attempt by lawmakers to decrease the number of distracted driving accidents. A similar measure died in the Massachusetts Senate last year.

If these proposals become law, Massachusetts would be the 20th state, in addition to Washington DC, to ban texting while driving and the 7th state to ban handheld phones. Drivers under the age 18 would be prohibited from using any kind of cell phone when there are behind the steering wheel of a car.

The National Safety Council says that at least 1.6 million US car accidents occur every year because a motorist was talking on a cell phone or texting. While texting is even more dangerous than talking on a phone, because so many more people talk on the phone while driving it is the cause of more motor vehicle accidents. Drivers who text message cause 200,000 car crashes annually, while motorists who talk on cell phones cause 1.4 million auto collisions.

Distracted Driving Accidents
Talking on the phone and text messaging while operating a vehicle are now considered distracted driving activities that can be cited as grounds for a Boston injury lawsuit or a Massachusetts wrongful death complaint.

This latest Massachusetts measure also calls for drivers older than 75 to undergo a vision test every five years before they can renew their driver’s license. The AARP disagrees with any rules that single out elderly motorists solely based on age. However, concern has been growing in the state over the recent number of Massachusetts car accidents that have involved elderly drivers whose waning mental and sensory faculties appeared to have contributed to causing traffic collisions that injured others.

Mass. House OK’s driving safety bill, Boston.com, February 5, 2010

National Safety Council Estimates That At Least 1.6 Million Crashes Are Caused Each Year by Drivers Using Cell Phones and Texting, PR Newswire, January 12, 2010

Related Web Resources:
National Safety Council

Cell Phone Laws, Insurance Institute for Highway Safety

Continue reading "Preventing Boston Motor Vehicle Accidents: Massachusetts House Passes Measure Banning Handheld Cellphones and Texting While Driving" »

Two families’ lives were changed forever on Sunday morning when a tragic head-on crash on the Mass Pike claimed the life of one man and left another without an eye. As of earlier today, it was not known whether Rene Bronfield, a 49-year-old Worcester man, would survive his Boston car accident injuries. His childhood friend, whose name police has yet to release, died after he was pinned under the dashboard, which collapsed over him.

According to police, the alleged drunk driver, 33-year-old Philip Daniels, entered Interstate 90 from the wrong way in his 1995 Jeep Cherokee. He is accused of crashing head on into Bronfield’s MG near the Prudential Center tunnel. The fatal Boston motor vehicle crash occurred just before 2am.

Authorities say that Daniels, a financier for John Hancock Financial Services, had a BAC of .23, which is significantly higher than the .08 legal driving limit. The Norwood man reportedly told Massachusetts police that he was drinking beer at Lucky’s Lounge prior to the Boston auto crash.

At his arraignment, the Norwood man pleaded not guilty to motor vehicle homicide while under the influence of alcohol.

Drunken Driving Accidents
Drunk driving not only causes serious injuries and deaths, but this dangerous behavior destroys families. In addition to the victims involved in a drunk driving crash, there are the victims' family members who must now cope with the emotional trauma brought about by losing someone they love prematurely and in such a senseless manner. Drunk driving victims and the people they love will likely spend years grappling with the consequences brought about by someone else's negligent behavior.

You can hold a drunk driver liable for causing your serious injuries or your loved one’s death.

Financier charged in fatal Pike crash, Boston Herald, December 29, 2009

Surviving victim of wrong-way crash still critical, Telegram, December 29, 2009

Related Web Resources:
Mothers Against Drunk Driving

Fatalities and Fatality Rates in Alcohol- Impaired-Driving Crashes by State, 2007-2008, NHTSA (PDF)

Continue reading "Boston Wrong-Way Accident on Mass Pike Kills One Man and Seriously Injures His Friend" »

Michael L. VonBehren was just 18-years-old when a Lowell drunk driver fatally struck him on Interstate 290 in December 2008. Now, his parents Dale and Kathleen VonBehren, are suing JBC of Worcester for the Shrewsbury teenager’s Massachusetts wrongful death.

Somang Ath, the 26-year-old driver of the vehicle that struck the car that their son was riding, was also killed in the tragic Massachusetts car accident. Prior to driving the wrong way and crashing head-on into the vehicle that VonBehren was in, Ath drank alcohol with friends at Jillian’s, a Worcester bar.

According to Massachusetts police, Ath’s BAC was .28%. The License Commission suspended the bar’s license for a week after determining that there was evidence that Jillian’s over-served him. JBC of Worcester, which was bought by Revolution Entertainment of Whitinsville this May, was the owner of the bar at the time that the deadly Shrewsbury traffic accident happened. 10 days after the tragic Shrewsbury car crash that killed Ath and VonBehren, Jillian’s allegedly over-served another man who had a BAC of .30.

The Massachusetts wrongful death complaint accuses the company of negligence for over-serving Ath and letting him get drunk. 50 “Does” were also listed as Massachusetts wrongful death defendants in the VonBehren’s civil lawsuit.

The VonBehrens are seeking damages for pain and suffering, loss of consortium, and mental anguish.

Third Party Lawsuits
In Massachusetts, not only can you sue the drunk driver that caused a car crash for Boston personal injury or wrongful death, but you can also sue third parties, such as a bar or a liquor store, that contributed to the inebriated motorist becoming drunk. For example, a bar may have overserved the motorist, allowed an underage teen driver to drink or obtain alcohol, or let a drunk patron get behind the wheel of the vehicle. This holiday season, the National Highway Traffic Safety Administration and Massachusetts State Police are cracking down on drunk drivers to prevent more alcohol-related crashes from happenings.

Family sues bar’s ex-owner in son’s death, Telegram.com, December 15, 2009

Dedham Police joins Massachusetts State Police in crackdown on drunk driving during the holiday, Wicked Local, December 15, 2009

Related Web Resources:
MassDOT

Fatalities and Fatality Rates in Alcohol- Impaired-Driving Crashes by State, 2007-2008, NHTSA (PDF)

The Boston Globe is reporting that the medical condition of Bethany Pfalzgraf, the Boston College senior who was seriously injured in a Massachusetts pedestrian accident on campus early Sunday and has improved. The 21-year-old woman was allegedly struck by Benjamin Knott, an 18-year-old driver, who is aaccused of fleeing the crash site and driving drunk.

Knott is charged with leaving the scene of an accident, drunken driving, reckless operation of a motor vehicle, and causing bodily injury. He failed two Breathalyzer tests. His BAC was .20 and .18. In Massachusetts, the legal driving limit for motorists under age 21 is .02. For adults, the legal BAC while driving is 0.08. Prior to the Boston pedestrian accident, Knott had been visiting friends on campus.

At his arraignment in Brighton District Court, the teen driver pleaded not guilty to the charges.

Boston Drunk Driving Accidents
If you or your loved one was injured by a drunk driver, you should speak with an experienced Boston injury lawyer right away. Driving while drunk is dangerous for anyone who happens to have the bad luck of getting involved in a Massachusetts auto accident with a drunk driver.

Drunk drivers have impaired senses and reflexes, which dramatically increases their chances of being involved in a motor vehicle crash. Yet there are many people who drive while under the influence of alcohol or drugs.

Yesterday, U.S. Transportation Secretary Ray LaHood and the White House Office of National Drug Control Policy Gil Kerlikowske launched the "Over the Limit. Under Arrest" campaign, which is geared toward cracking down on impaired driving. Federal and state enforcement agencies will take part in these efforts throughout the holiday season. While there was an overall decline in the number of drunk driving deaths that occurred last year, there are still many people dying from this senseless and negligent act.

Teenager charged with DUI after BC student is hit, Boston Globe, December 8, 2009

Boston College student hit by alleged drunk driver, My Fox Boston, December 8, 2009

U.S. Transportation Secretary Ray LaHood Announces Intensive Holiday Drunk & Impaired Driving Crackdown & Advertising Blitz, NHTSA, December 7, 2009

Related Web Resource:
Fatalities and Fatality Rates in Alcohol- Impaired-Driving Crashes by State, 2007-2008, NHTSA (PDF)

”Drunk Driving. Over the Limit. Under Arrest" campaign

A 2009 poll conducted by the National Sleep Foundation reports that in the last year, up to 1.9 million US motorists have either been in a motor vehicle accident or were nearly in an auto collision because they were drowsy while driving. 105 million motorists admitted that they’ve driven while sleepy in the last year, while 54 million drivers say they drowsy drive at least once a month.

What many of these drivers don’t understand is that drowsy driving is extremely dangerous. It one of the most common causes of traffic crashes. The National Transportation Safety Board says that 250,000 US drivers a day fall asleep while operating a vehicle. This causes 60,000 serious injuries and 8,000 deaths a year.

Boston car crashes, truck accidents, bus collisions, and pedestrian accidents are not the only kinds of traffic collisions caused by drowsy driving. The NTSB recently announced that drowsy driving was the likely cause of the deadly MBTA train crash in Newton last year involving two green line trains. The safety board says train operator Terese Edmonds may have fallen asleep at the wheel. She may have been suffering from obstructive sleep apnea.

Excessive sleepiness can impair a motorist, resulting in slower reaction times, distracted driving, decreased cognitive performance, various mood swings, and slowed reflexes. These side effects can prove tragic on the road, where a motorist may have a hard time driving in a straight line, fail to notice exit signs, miss traffic signs, and not realize that he or she is tailgating the vehicle ahead.

While it is tragic that so many people are injured in motor vehicle crashes caused by drowsy drivers, the good news is that drowsy driving accidents are preventable.

The National Sleep Foundation has declared November 2-8 Drowsy Driving Prevention Week. The intention is to make more motorists aware about the dangers associated with drowsy driving and falling asleep at the wheel.

1.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, November 2, 2009

Drowsy-driving tragedies preventable, Boston.com, August 3, 2009

Related Web Resources:
National Sleep Foundation

Drowsy and Distracted Driving, NHTSA

Continue reading "Boston Injury Accidents Caused by Drowsy Driving Are Preventable" »

Just when you thought ghosts and goblins were your worst worries on Halloween, now there is news that there may be other dangers lurking in the shadows on an evening that should be best known for candy, trick or treating, and costumes.

The Food and Drug Administration is warning parents to be very careful when selecting a face paint for children to use. While a painted mask, as opposed to an actual mask, can make it easier for the wearer to see through, new findings indicate that some of the more popular face paints are made with toxins that are bad for the health and may even cause serious injuries.

According to the Campaign for Safe Cosmetics, the 10 face paints it examined all tested positive for lead. Nickel, chromium, and cobalt were found in several of the paints.

If you’ll recall from the massive toy recalls that the Consumer Product Safety Commission has issued over the last few years over products containing excessive levels of lead, lead poisoning is especially bad for kids. Exposure to lead can cause learning disabilities, aggressive behavior, impaired physical and neurological growth, and brain damage.

Product manufacturers can be held liable if someone gets hurt, sick, or dies because a product was defective, dangerous, or toxic. An experienced Boston products liability law firm can help you with your case.

Scary face paint isn’t the only horror kids and parents have to worry about when trick or treating. Safe Kids USA reports that children are over two times as likely to die in a pedestrian accident on Halloween than they are on any other night. Why, you ask?

• Trick or treating runs into the night, when pedestrians, especially child pedestrians, are harder for motorists to see. Dark costumes and children's generally smaller stature doesn’t help for driver visibility.

• The excitement of rushing from one house to the next for more candy can make a child careless, causing him or her to cross the street without looking or waiting to arrive at a pedestrian crosswalk.

• Adults like Halloween too. Some party participants may opt to get drunk and then drive.

• The usual careless or distracted driving habits: Drunk driving, speeding, failure to obey stop lights or traffic signs, texting while driving, cell phone use, etc.

If you or child was hurt in a Boston pedestrian accident, you may have grounds for a Boston injury case.

Warning: Halloween Face Paint Can Be Scary, The Daily Green, October 19, 2009

Real horror of Halloween: Pedestrian deaths, USA Today, October 26, 2009

Related Web Resources:
US Food and Drug Administration

Campaign for Safe Cosmetics

A teen driver has been charged with speeding and motor vehicle homicide over a fatal Boxford car crash that killed his friend last night. The single-auto collision claimed the life of 18-year-old Michael Doherty after the car they were riding struck a tree. The driver, 18-year-old Evan Wiendczak, survived the Massachusetts car accident with injuries.

The two teenagers were classmates at Masconomet Regional High School.

2008 Young Drivers (Ages 15 – 20) Facts (NHTSA):

• 58 people were killed in Massachusetts car crashes involving young drivers.
• 31 of the Massachusetts traffic crash victims were young drivers.
• 17 of the fatality victims were riding in the young drivers’ autos.
• 10 of the people that died were passengers in the other vehicles.
• Nationally, 5,864 young drivers were involved in deadly car accidents.
• 2,739 of these drivers died.
• 228,000 other young drivers were injured.

Motor vehicle crashes continue to be the number one cause of deaths for people ages 15 – 20. Driver inexperience, texting while driving, cell phone use while operating a car, drunk driving, speeding, distracted driving, defective auto parts, and poor road conditions are some of the leading causes of teen car accidents.

If you or someone you love was seriously injured in a Massachusetts car accident because a driver behaved recklessly, carelessly, or negligently, you should consult with a Boston injury law firm about your case as soon as possible.

It is important that you do not speak with the other party’s insurer or attorney before speaking with a Boston car crash lawyer first.

Teen killed in crash, classmate charged, MyFoxBoston, October 26, 2009

High School Senior Killed In Crash, The Boston Channel, October 26, 2009

Young Drivers, 2008 Traffic Safety Fact Sheet, NHTSA (PDF)

Related Web Resources:
Teen Drivers, Massachusetts Registry of Motor Vehicles

Teen Drivers, CDC

Continue reading "Massachusetts Teen Driving Accidents: 18-Year-Old Charged in Boxford Car Crash that Claimed the Life of Other Teenager" »

The mother of Makayla Hayes, 1, is suing the 93-year-old Peabody driver for the little girl’s injuries. Louis Vesprini accidentally drove his car into a Danvers Wal-Mart in June. Alaina Hayes, a Gloucester resident, was pushing her daughter in a stroller when the Massachusetts car accident happened. Makayla fractured her jaw and her skull.

Louis Vesprini reportedly stepped on the gas pedal instead of the brake when trying to park his car. He drove through two red posts before crashing through the Wal-Mart’s exit doors.

Now, Alaina his seeking unspecified damages from Walmart and the 93-year-old Massachusetts driver. While Wal-Mart obviously did not cause the Danvers car accident, the safety barriers it set up to keep cars from driving into the department store were allegedly spaced incorrectly.

Makayla has already had two surgeries and is expected to undergo another one. Because her head hit a cash register, doctors are concerned that the little girl may also have a traumatic brain injury. This would likely require additional medical care. While Alaina’s physical injuries are not as serious, she sustained mental trauma from the Wal-Mart accident.

Yesterday, Vesprini pleaded not guilty to one count of negligent operation of a motor vehicle.

Boston Injury Lawsuits
A driver accused of causing a collision can be held accountable in criminal court. Separate from that, he or she can also be held liable by the Boston car crash victim in civil court.

In Massachusetts, only adults can file a personal injury claim or wrongful death lawsuit. Minors can obtain compensation, but an adult or guardian will have to file the Boston injuries to minors complaint on their behalf.

93-year-old Peabody driver arraigned in Wal-Mart crash, Boston.com, October 23, 2009

Elderly Driver Crashes Car Into Danvers Wal-Mart, WBZ, June 2, 2009

Related Web Resources:
Head Injury, Age 3 and Younger - Topic Overview, Web MD, October 23, 2009

When is it time to put the brakes on elderly?, USA Today, May 2, 2009

At the US Department of Transportation’s Distracted Driving Summit this week, family members who lost loved ones in car accidents involving drivers who were distracted spoke to attendees about their tragedies. One woman lost her mother of a driver who was talking on his cell phone. Another woman, a motorcyclist, was killed when she was struck at a red light by a driver who was painting her nails. And of course, there are the accounts of loved ones lost because drivers were texting while driving, reaching for a cell phone, or glancing at a PDA to "quickly" read a text message.

According to the NHTSA, almost 6,000 people died in distracted driving accidents last year. Over 500,000 others survived these auto accidents with injuries. As one man who lost his mother told the summit, “distracted drivers destroy lives.” Yet many drivers continue to engage in some form of distracted driving.

Talking on a cell phone and texting while driving have proven especially dangerous, and calls for a nationwide ban on texting has become more urgent. The CTIA-The Wireless Association reports that 110 billion texts were sent out in December 2008. Compare this figure to the 10 billion texts that were transmitted in December 2005.

On Wednesday, the Obama Administration announced that federal workers will no longer be allowed to text message while operating a motor vehicle while on the job or in a government-owned auto. According to Transportation Secretary Ray LaHood, the government is also considering restricting truck drivers, train operators, and bus drivers from using cell phones.

In Massachusetts, there is still no ban on text messaging. Localities are allowed to decide whether to restrict cell phone use. Earlier this year, the Boston area’s transit authority announced a new policy change banning bus, trolley, and train operators from carrying cell phones and personal electronic devices while they are on the clock. The crackdown came after a trolley operator who was text messaging caused aBoston train accident that injured 49 people.

Boston car drivers are allowed to talk on handheld devices and text message while driving an auto. This can result in serious Massachusetts traffic accidents and personal injuries and wrongful deaths may ensue.

Cell Phone Ban After Boston Trolley Crash, Huffington Post, May 9, 2009

New regulation bans federal employees from texting while driving, Los Angeles Times, October 1, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

State Cell Phone Driving Laws, Governors Highway Safety Association

An Examination of Driver Distraction as Recorded in NHTSA Database (PDF)

Continue reading "At Distracted Driving Summit, Families of Car Accident Victims Bring to Life the Deadly Consequences of Multitasking While Behind the Wheel " »

Four people were injured on Monday in a Jamaica Plane car accident when a motorist ran a red light, striking a Boston Fire Department vehicle. The driver of the 1998 Audi, Victor Cowart, was trying to get to his fiancé’s home after finding out the kitchen had caught fire.

Cowart struck the 2005 Chevrolet Tahoe SUV, a District 9 Vehicle, at Atherton and Amory at around 4pm. According to the Boston Herald, the SUV, which was transporting the fire chief and his driver, was also headed to the fire site and its flashing red lights were activated at the time of the Massachusetts traffic crash.

Injured in the Jamaica Plain motor vehicle crash were Cowart, a 6-year-old girl who was riding in the car with him, fire chief Robert Dowling, and firefighter Russell Boone. All of them were taken to hospitals for injuries that fortunately do not appear to be life threatening.

Cowart received a traffic citation for failing to yield to an emergency vehicle. His fiancé was reportedly following the Audi in another vehicle.

Motorists are supposed to yield the right of way to emergency vehicles. They are not supposed to run a red light, neglect to make a full stop at a stop sign, drive above the speed limit, or commit any other traffic violations. Traffic laws exist not just to keep order on the streets but also to prevent Boston motor vehicle accidents from happening.

Red Light Running
Running a red light is one of the most dangerous traffic violations that a driver can commit. Examples of the kinds of Boston car crashes that can occur during a red light running accident:

Side-swipe: One car strikes the driver’s side of another vehicle.

T-bone: The front of one vehicle collides with a side door of the other vehicle, potentially causing serious injury to the person seated on that side.

When a Boston car accident occurs because a driver ran a red light, the vehicles following behind the negligent motorist may have to step on their brakes abruptly, potentially causing at least one or more rear-end crashes—again, resulting in personal injury or wrongful death.

Man hits BFD SUV on way to Jamaica Plain fire, Boston Herald, September 8, 2009

Fire chief, 3 others injured in crash, Boston Globe, September 8, 2009

Related Web Resources:
Dangers of Running Red Lights

Red Light Running, Insurance Institute for Highway Safety

Continue reading "Four People Injured in Jamaica Plain Car Accident When Driver Strikes Boston Fire Department Vehicle After Running Red Light" »

We all know that driving drunk can result in catastrophic Boston car crashes. Unfortunately, many people still continue to get behind the steering wheel of a vehicle after drinking too much and they risk their lives and the lives of others in the process.

Drunk drivers come from all age demographics and walks of life. New findings, however, are showing that nationally, there has been an increase in the number of women involved in deadly drunk driving accidents. A new report also reveals that it isn’t just young drivers who are prone to binge drinking.

According to the National Highway Traffic Safety Administration, the number of female drunk drivers is becoming a national safety issue. From 1998 – 2007, there has been a 28.8% increase in the number of women arrested for DUI. Currently, impaired women drivers are involved in about 2,000 US traffic deaths each year. In this state, however, between 2008 and 2007 there was a decline in the number of impaired women involved in deadly Massachusetts motor vehicle accidents.

While in 2007, 31 of the 163 women involved in fatal Massachusetts auto accidents had a BAC of .08% or more, there were 103 women involved in fatal Massachusetts traffic crashes last year and 21 of them were legally drunk. Regardless, one inebriated driver on the road is one dangerous driver too many.

Meantime, Duke University researchers and the National Survey on Drug Use and Health are reporting that there is a more significant amount of binge drinking taking place among adults in the 50 – 64 age range than initially thought. While drinking to the point of inebriation is commonly associated with young adults and teens, a new survey, recently published in the American Journal of Psychiatry, found that 9% of women and 22% of men in this older age group binge drink (at least five drinks), with 13% of women and 19% of men reporting that they have at least two drinks a day. Among adults over age 65, 3% of women and 14% of male seniors reported that they binge drink.

Heavy drinking of any kind can definitely pose a health hazard and an injury risk. It can be fatal for a drunken individual to then drive.

Through the end of the Labor Day weekend police, in cities throughout the US are taking part in the campaign Drunk Driving. Over the Limit. Under Arrest. By focusing more of their resources on catching anyone who is driving drunk, the plan is to save lives.

Transportation Secretary Ray LaHood Kicks Off Nationwide Enforcement Crackdown on Impaired Driving, NHTSA, August 19, 2009

Older people, too, knock back 5 drinks at a time, USA Today, August 17, 2009

Related Web Resources:
Alcohol-Impaired Drivers Involved in Fatal Crashes, by Gender and State, 2007-2008, , NHTSA, (PDF)

National Survey on Drug Use & Health

Even though Boston cab drivers are now banned from using a cell phone while driving, the Boston Herald is reporting that many cabbies are either ignoring the rule or just don’t know about it—or so they say. This behavior is dangerous and can cause Boston injury accidents.

One cab driver, Mohamad Moharam, told the Boston newspaper that he wasn’t aware that talking on a cell phone while operating a taxi was now illegal. He also says that police officers have not been cracking down on him or other cabbies when they’ve been spotted talking on their cellular phones.

Hackney Capt. Robert Ciccolo says he doesn’t believe that many Boston cab drivers are ignorant of the new rule as they say they have been. He does, however, acknowledge that it can be hard to tell whether a taxi driver is using a Bluetooth device to avoid getting caught—cab drivers are now not allowed to use this device while driving either. It also doesn’t help that many taxi passengers don’t like it when police pull over their cab.

Since January 1, 2009, when the ban went into effect, 20 violations have been issued resulting in 28 suspension. 22 taxi customers have complained because their Boston cab drivers were talking on cell phones while driving.

Many taxi drivers are reportedly not happy with the ban. Talking on a cell phone while driving has been a way for some of them to relieve the monotony of having to sit behind the wheel of their cab for 12 hours at a time while allowing them to connect with family and friends. The New York Times reports that some cab drivers have said that because they are professional drivers, they believe that they are less likely to become distracted while driving than regular motorists.

Unfortunately, there are many cell phone-driving related crashes that have occurred, including Boston bus accidents, MBTA train collisions, commercial truck crashes, car accidents, motorcycle collisions, and pedestrian accidents, because a “professional” driver was talking on a cell phone or texting and failed to notice another vehicle that was stopped ahead or a green light that had just turned red.

When people talk on a cell phone or text while driving, this means that less than 100% of their attention is on the road. Engaging in distracted driving always increases the chances that the driver will become involved in or cause a Boston traffic crash.

Cabbies turn deaf ear to cell ban, Boston Herald, August 14, 2009

Cabbies Stay on Their Phones Despite Ban, NY Times, August 3, 2009

Related Web Resources:
Cell phones as dangerous as drunk driving, CNET

Boston Licensed Hackney Carriages, City of Boston

Continue reading "At the Risk of Causing Boston Injury Accidents, Many Cab Drivers Still Talk on Cell Phones While Driving Despite Ban" »

In Quincy District Court, 29-year-old Eric Lum has pleaded innocent to a number of criminal charges over the Milton, Massachusetts car accident death of a 25-year-old special needs teacher. Lum is accused of driving the sport utility vehicle that crashed into Alison Regan’s car in a head-on crash on Route 28 right before midnight on Sunday. Police then say that Lum fled the auto accident site on foot.

Charges against Lum include motor vehicle homicide, larceny of a motor vehicle, operating under the influence of drugs resulting in death, possession of a Cllass A substance, and leaving the scene of a crash resulting in death. He was ordered held on $100,0000 bail.

Lum was driving with a suspended license on the night of the crash. According to prosecutors, he has an extensive criminal record, which includes seven probation violations, 15 defaults, six convictions for driving while his license was suspended, and two prior convictions for leaving a crash site.

During Sunday's crash, Lum had also struck another vehicle, driven by Kamilah Land. Fortunately, the 18-year-old Randolph resident was not hurt.

Police say that Lum has a drug problem and has struggled with a heroin addiction for several years. His mother Mary says he took the keys to the Ford Explorer without permission.

Lum’s father, Ronald, has apologized on his son’s behalf. He says that he and his wife have tried to help him his son overcome his drug addiction.

Regan taught autistic students at the Boston Higachi School.

Head-On Crashes
Injuries from a Quincy head-on crash can be fatal. If you were involved in a head-on crash because another driver was driving drunk, under the influence of drugs, text messaging, or engaging in some other type of reckless or negligent behavior, you may have a Boston personal injury case on your hands.

Police: High Driver Kills Special Needs Teacher, WCVB, August 10, 2009

Driver charged with killing woman held on bail, Wicked Local, August 10, 2009

Related Web Resources:
Hit and Run Accidents, Deadly Roads

A deadly wrong-way driving crash claimed the lives of 8 people in New York on Sunday afternoon after a minivan traveled the wrong way on a suburban parkway for almost 2 miles before striking another car. Killed in the deadly motor vehicle collision were the minivan’s driver, 36-year-old Diane Schuler, her 2-year-old daughter Erin, three of her nieces, Emma, 9, Alison, 7, and Kate, 5 (her three nieces are the daughters of her brother, Warren Hance, who owns the minivan), driver Guy Bastardi, his father Michael, and Daniel Longo. Schuler’s 5-year-old son Brian, who was also riding in the minivan, sustained a head injury and is in a hospital.

Schuler’s Ford Windstar reportedly entered the Taconic State Parkway through it’s exit ramp. The minivan then crossed three lanes and drove around oncoming traffic for 1.7 miles before striking the Chevy Trailblazer that was transporting the three men. Six motorists reportedly contacted 911 to tell them that the minivan was going the wrong way. The Windstar also hit another vehicle, but fortunately, the driver and passenger only sustained minor injuries.

Police say that Schuler was not under any medication and did not have a history of medical problems that could have contributed to causing the fatal wrong-way crash. Hance says his sister told him just two hours before the fatal crash that she wasn’t feeling well. He says he told her to pull over but he doesn’t know what happened after their phone conversation.

Wrong-Way Driving Crashes
The Fatality Analysis Reporting System says about 350 people die in wrong-driving crashes every year. A wrong-way driving accident can be extremely dangerous not just for motorists and pedestrians that may be caught by surprise when they see a motorist coming toward them while in the same lane, but also for the driver who is driving the wrong-way and for his or her passengers. Wrong-way crashes can lead to fatal head-on collisions.

Boston wrong-way driving crashes can lead to serious injury accidents and deaths.

Cops: NY driver in deadly wrong-way crash felt ill, Boston Herald, July 27, 2009

5-year-old survivor of wrong-way N.Y. crash critical, USA Today, July 26, 2009

Van Drove Wrong Way for 2 Miles Before Crash, NY Times, July 27, 2009

Related Web Resource:
FARS

Car Accidents Overview, Justia

Continue reading "Wrong-Way Car Crash Kills 4 Adults and 4 Kids" »

The holiday weekend turned tragic for a number of Massachusetts car accident victims and their families when eight people were killed and one person was seriously injured in Quincy, Walpole, Attleboro, and Sudbury. According to the Boston Globe, Massachusetts State Police Lieutenant David Wilson said that in his more than two decades reconstructing car accidents, he doesn’t remember so many fatalities in one night.

Amanda Murray, 23, and 20-year-olds Anna Dubois and Nicholas Kelly died early Saturday morning in a Walpole drunk driving accident. The driver of the Jeep Cherokee that they were riding, 31-year-old Jason Spurlin, was Murray’s fiancé. They just had a baby together in May.

Spurlin, who was taken to Beth Israel Deaconess Medical Center following the deadly crash, was arraigned for motor vehicle homicide and drunken driving charges. According to Norfolk prosecutor George Papachristos, Spurlin was driving 70mph in a 30mph zone when he crashed into a tree. There were alcohol bottles in the vehicle.

Another three people died early Saturday morning in an Attleboro rollover accident on 95 North. According to police, Gleidson Pereira, 23, lost control of a 2003 Mazda sedan, which rolled over, striking a number of tree stumps.

Pereira and passengers Lavdeir De Silva, 29, and Ivanildo De Souza, 27, sustained fatal injuries. All of them were declared dead at the Massachusetts site. Another passenger, Samuel Torres-Mendes, sustained serious injuries. All four Plymouth residents victims were not wearing seat belts and were ejected from the motor vehicle during the rollover crash.

Also on July 4, Michael Lally, 19, died in a Quincy traffic accident involving four vehicles. According to police, Lally, who was driving, hit another vehicle. At least two other vehicles somehow became involved in the Massachusetts car accident that caused Lally and his 18-year-old cousin, who was one of the three people riding with him, to get ejected from the vehicle. Lally’s cousin, who was seriously injured, and several others were taken to the hospital following the catastrophic crash.

The 8th fatality was a 22-year-old motorist who lost control of his vehicle in a Sudbury single-crash collision. Investigators say the motorist was driving his vehicle at a high speed when he lost control of his BMW, causing it to go around a guardrail and rolled over.

Eight killed in wrecks before dawn, Boston Herald, July 5, 2009

Horrific night on Mass. roads: 4 crashes, 8 dead, Boston.com, July 5, 2009

Related Web Resources:
Kin of young mom killed in crash rail at driver, Boston Herald, July 6, 2009

What to do after a car accident, MSN

Continue reading "8 People Killed in Massachusetts Car Crashes Over July 4 Weekend " »

The National Highway Traffic Safety Administration is reporting a 16% drop in the number of Massachusetts traffic deaths between 2007 and 2008. 363 people died in traffic accidents throughout the state last year. 434 people died in 2007.

Worcester County and Middlesex County tied for first place as the counties with the most traffic fatalities—56 deaths each. The state of Massachusetts also saw a decline in the number of drunk driving-related deaths by 20% from 155 fatalities in 2007 to 124 deaths in 2008.

More 2008 Massachusetts Traffic Facts:
227 vehicle occupant deaths
422 drivers that died
At least 61 of the drivers were younger than 21
At least 120 of these victims were not properly restrained at the time of their deaths
42 motorcycle deaths—a drop from the 62 Massachusetts motorcycle rider fatalities in 2007
75 pedestrian deaths

Nationally, the US Department of Transportation reported a 9.7% decline in traffic deaths between 2007 and 2008. 37,261 people died in US traffic accidents last year, with substantial drops in nearly every major category, including light truck occupant fatalities and passenger car occupant deaths.

US Transportation Secretary Ray LaHood also noted that the country had implemented major steps to improve road and vehicle safety, increase seat belt use, and decrease the number of drunk driving accidents.

More 2008 US Traffic Statistics:
2,346,000 injuries
11,773 alcohol impaired-related fatalities
5,811,000 traffic accidents
677 large truck deaths
5,290 motorcycle fatalities
4.378 pedestrian deaths
716 pedalcyclist fatalities
23,000 large truck injuries
96,000 motorcycle injuries
69,000 pedestrian injuries
52,000 pedalcyclist injuries

While the overall decline in traffic deaths is of positive note, there are still too many people getting hurt or dying in Massachusetts traffic crashes. In many instances, an injured person’s own motor vehicle or medical insurance is not enough to cover all recovery costs, medical expenses, and lost wages.

Mass. traffic deaths drop 16 percent in 2008, Boston.com, July 3, 2009

Overall Traffic Fatalities Reach Record Low in 2008, NHTSA

Related Web Resources:
View State-by-State 2008 Data, NHTSA

2008 Traffic Safety Annual Assessment- Highlights (PDF)

Continue reading "Massachusetts Traffic Deaths Drop 16% to 363 Fatalities in 2008" »

In Boston, lawmakers are considering whether to impose stricter driving regulations on elderly senior drivers. The debate comes in the wake of several high profile Massachusetts car accidents this month involving senior motorists.

Just today, an 83-year-old Malden driver faces negligent operation charges following an accident that left a 78-year-old woman with life-threatening injuries. Police want the Massachusetts Registry of Motor Vehicles to evaluate whether the man’s license needs to be revoked.

Already this week the Massachusetts Registry of Motor Vehicles took away the driver’s license of Virginia Nelson, an 86-year-old Malden motorist. She is accused of hitting and seriously hurting an 84-year-old Medford pedestrian in Melrose over the weekend.

The pedestrian, Francis Blomerth, is in critical condition at Massachusetts General Hospital. Melrose officials believe that Blomerth was in the crosswalk when Nelson's vehicle struck him.

Massachusetts and local police are investigating the Melrose pedestrian accident. At this time, Nelson has not been cited for any crime.

On June 15, elderly motorists were involved in separate Massachusetts auto crashes in Lawrence and Andover. The drivers lost control of their vehicles, striking a lamp post, trees, and cars.

On June 3, a 73-year-old Middleboro driver accidentally drove her minivan into a crowd of people attending a Vietnam War Memorial in Plymouth. Eight people went to the hospital.

On June 2, a 93-year-old driver hurt a mother and toddler in a stroller when he drove his car into a Danvers Wal-Mart. He stepped on the gas pedal because he thought he was stepping on the brake.

Representative Chairman Joseph Wagner says lawmakers are going to put together a comprehensive bill and place it on the “fast track” so that it is ready for a floor vote by September.

The bill calls for elderly drivers to pass a road and vision test every five years after they turn 85 if they want to renew their Massachusett's driver’s license. Under current state law, individuals must only pass a vision test every 10 years.

There are many reasons why a Massachusetts jury might find a motorist liable for causing your Boston car accident.

Lawmakers hear call for more regulation of elderly drivers, Boston.com, June 30, 2009

Legislators discuss proposed elderly driving bill tomorrow, The Eagle Tribune, June 29, 2009

Driver, 86, has license revoked after allegedly hitting pedestrian, Boston.com, June 29, 2009

Related Web Resources:
Senior Drivers, Insurance Information Institute

Elderly Drivers, DRDriving.org

Continue reading "Two More Massachusetts Car Accidents Involving Elderly Drivers Adds Fuel to Issue of Whether the State Needs Tougher Driving Rules for Older Seniors " »

Massachusetts Governor Deval Patrick says he’ll support legislation mandating that drivers, 85 and older, must pass road and eye tests every year before their driver’s licenses can be renewed.

With people living longer, the Insurance Institute for Highway Safety says that by 2025, 25% of all US drivers will be at least 65, and there is a growing concern that some older drivers may become less safe drivers as their reflexes get slower, their vision blurs, or their health deteriorates.

In Massachusetts last Friday, seven people got hurt in a Plymouth car crash involving a 73-year-old driver who drove over a curb and into a crowd of people that were attending a war memorial. This was the third car accident that the elderly driver was involved in since she turned 70.

In Danvers, on Thursday, a mother and a toddler got hurt when a 93-year-old motorist accidentally drove his car into a Wal-Mart in Danvers.

NHTSA 2007 Older Population (65 and Older) Traffic Statistics:
• There were 30 million older drivers with licenses.
• There were 38 million people age 65 and older in the US.
• 196,000 older people got hurt in US traffic accidents.
• 79% of deadly traffic accidents involving older drivers occurred during the day.
• 71% of these fatal crashes involved other motor vehicles.
• 64 of the 551 drivers involved in deadly Massachusetts traffic crashes belonged to this older population.

According to the Insurance for Highway Safety’s 2007 Fatality Facts Involving Older People:
• Auto collisions make up 1% of deaths involving people age 70 and above.
• Today’s older drivers are keeping their licenses longer and traveling more miles via roads.
• Per mile traveled, fatality crash rates go up at age 75 and after age 80.

Pressure mounts to test elder drivers, Boston.com, June 8, 2009

Older people 2007 Fatality Facts, IIHS.org

Traffic Safety Fact Sheets, NHTSA

Related Web Resources:
Safe Roads Now, AARP.org, Senior Drivers

Insurance Information Institute

Continue reading "Preventing Boston Car Accidents: Lawmakers and Groups Calling on Massachusetts to Retest Elderly Drivers" »

A Massachusetts mother and her one-year-old daughter had to be taken to local hospitals for treatment of their injuries sustained after a 93-year-old driver rode his car into a Danvers Wal-Mart on Tuesday. According to police, the driver may have intended to step on the brake but instead placed his foot on the gas pedal. Four other people, including the driver’s 90-year-old wife, were taken to the hospital following the Danvers car accident. The three other victims were suffering from shock following the incident.

The car, which entered through the store entrance, struck two cash register stations.

Senior Drivers
According to Helpguide.org, senior drivers are at higher risk than younger drivers of becoming involved in multi-vehicle car accidents. Of course, it is important not to generalize, as there are many senior drivers that can drive safely and capably well into their golden years. It is also important to note that a senior injured in a car crash is more likely than younger persons to sustain injuries that could prove fatal. The deadly crash rate for a driver in his or her 70's increases dramatically.

Factors of Aging that Can Impair Driving Include:
• Failed vision
• Loss of hearing
• Slower reflexes
• Limited mobility
• Health conditions, such as Parkinson’s, rheumatoid arthritis, or sleep apnea
• Impairment caused by medication
• Drowsy driving
• Dementia

With more people living longer these days—by 2050, one out of five Americans is expected to be age 65 or older—the number of senior drivers in Boston and on other roads throughout Massachusetts is likely to grow. However, there may come a time in an elderly person’s life when it is time to stop driving or risk causing injury or death to others.

Mother and baby injured as car crashes into Danvers Wal-Mart, Boston.com, June 2, 2009

Senior Citizen Driving, Helpguide.org

Related Web Resources:
Senior Drivers, Insurance Information Institute

Massachusetts Registry of Motor Vehicles

Continue reading "93-Year-Old Massachusetts Driver Crashes Car into Danvers Wal-Mart, Injuring a Mother and Toddler" »

Last Thursday, the Massachusetts Senate included and approved in its version of the state budget an amendment banning Internet use while driving—this includes text messaging, emailing, or surfing the Web while operating a motor vehicle. Bus drivers, train operators, trolley drivers, and the drivers of other public transit vehicles would be banned from holding a cell phone while driving and would only be allowed to carry the device for emergency purposes. Transit drivers that violate the ban would be fined $500. Drivers would have to pay an insurance surcharge, in addition to a $75 fine.

The amendment is intended to prevent Massachusetts motor vehicle accidents from occurring because motorists are texting while driving and comes one day after Rebecca Solomon, a Methuen teen driver, died in a single-car collision. Police are trying to determine whether the 18-year-old high school senior was texting while driving.

Earlier this month, the MBTA imposed an emergency cell phone ban on its vehicle operators following a multi-trolley crash occurred right after the trolley driver had been text messaging with his girlfriend. Nearly 50 people were injured in the Boston MBTA accident.

According to a study commissioned by Vlingo, a Cambridge, Massachusetts speech-recognition technology maker for cell phones, 1 in 4 US drivers say they text message while driving, with younger drivers more likely to engage in this form of distracted driving behavior than their older counterparts. Among those surveyed:

• Almost 60% of teen drivers say they text and drive.
• 49% of 20 – 29 year-olds send and receive texts while operating a motor vehicle.
• 13% of motorists over 50 text while driving.
• 83% of the 4,816 online survey participants think texting while driving should be banned.

Time and again, texting while driving is proving to be a dangerous habit that can cause serious motor vehicle injuries or deaths. Teenagers that text while driving are a high-risk group when it comes to getting involved in or causing a Boston motor vehicle crash. A new Nielsen study says the average teen sends almost 80-text messages daily. The habit, which even adults find hard to break, can prove fatal when an inexperience teen driver is texting while behind the steering wheel of a car.

Massachusetts Senate Budget Bans Texting while Driving, Insurance Journal, May 26, 2009

Mass. high school student dies in car crash, Telegram.com, May 21, 2009

Driving While Texting Still Popular Despite Bans: Survey, VOXEO, May 20, 2009

Related Web Resources:
Cell Phone Driving Laws, GHSA

National Safety Council

Continue reading "Boston Personal Injury Law Firm: Massachusetts Senate Approves Amendment Banning Texting and All Internet Use While Driving" »

The Daily News Tribune says that during the time it takes to compose and send a simple text message while driving (requiring the driver to take his or her eyes off the road), a motor vehicle will likely have traveled the length of a football field—enough time and distance for at least one motor vehicle crash to occur.

On Friday, a Boston Green Line MBTA train did more than that when its operator, who was sending a text message to his girlfriend, ran a red light, causing a multi-trolley crash and injuring at least 46 people. Three of the trolleys involved in the Boston train accident were totaled, and another trolley was damaged.

According to the MBTA, Quinn, an Attleboro resident, failed to step on the brakes soon enough. He will likely be fired and could face criminal charges. As an aside, his private driving record indicates that he was cited for speeding three times—in 2002 and 2007.

The MBTA prohibits its drivers from using their cell phones and similar devices in any capacity while driving. Yet this rule is often ignored. At least 9 MBTA trolley operators and bus drivers have been suspended for talking on cell phones or texting while on the job. Over the weekend, MBTA officials said its drivers are going to be banned from even carrying such devices while at work.

Texting While Driving
Text messaging while driving any kind of vehicle is considered dangerous, and some states have put laws in place to ban texting and/or talking on the cell phone while operating a motor vehicle. In Massachusetts, only school bus drivers are banned from talking on a cell phone while driving.

According to a 2006 National Highway Traffic Safety Administration study, driver distraction during the three seconds prior to a motor vehicle crash is the number one cause of 78% of auto crashes and near collisions. Dialing a cell phone, reading, and applying makeup are the three activities that appeared to increase the risk that a driver might be involved in a car crash by three times. Texting while driving has been cited as a reason that some fatal train accidents and deadly motor vehicle crashes have occurred over the past few years.

Not only does texting require that a driver not look at the road while composing or reading a text message, but he or she will likely have to take at least one hand off the steering wheel to hold or operate the cell phone or PDA device. In order to avoid causing a Boston train accident or a Massachusetts car crash, drivers must have both eyes on the road at all times, with both hands controlling the steering wheel and their mind focused on the task at hand—which is to drive safely.

Negligent driving by an MBTA trolley operator can be grounds for an MBTA train accident lawsuit.

Editorial: The dangers of texting while driving, The Daily News, May 12, 2009

City man driver in T crash, The Sun Chronicle, May 12, 2009

Related Web Resources:
T crash puts spotlight on hiring criteria, Boston.com, May 12, 2009

Cell Phone Driving Laws, GHSA

MBTA

Continue reading "Boston Green Line Train Crash that Injured Dozens is A Reminder of Why Text Messaging And Driving Don’t Mix" »

The Insurance Institute for Highway Safety recently announced the results of three front-to-front crash tests it conducted. A microcar or minicar and a midsize model from the same auto maker were used for each test. IIHS president Adrian Lund says that while there are undoubtedly benefits to buying the smaller cars, including the facts that they cost less and don't use up as much gas, these latest tests show that people may be sacrificing occupant safety for financial savings.

The IIHS tested 2009 models against each other: The Honda Fit against the Honda Accord, the Mercedes C against the Smart Fortwo, and The Toyota Camry against the Yaris. During all three tests the laws of physics won out. While the smaller cars did well in IIHS frontal offset barrier tests, they performed poorly against the larger cars—which aren’t even considered large cars compared to luxury-sized cars, pickup trucks, SUV’s, and passenger vans.

In all three tests, the bigger and heavier autos performed better in terms of occupant safety. The dummies in the smaller, lighter autos tended to be at a disadvantage. The larger, heavier vehicle ended up pushing into the smaller, lighter auto, which means that if there had been people riding in the smaller cars, they would have experienced more force upon impact than if they had been occupants in the larger autos. The greater the force, the greater the risk of injury or death, which means the chances of injury goes up when someone rides in a microcar or a minicar.

This is confirmed by auto accident statistics, which reports that the fatality rate for occupants of minicars in multiple vehicle collisions in 2007 was nearly two times that of the fatality rate for people in very big cars. It also helps for occupants of larger cars that the larger size and weight of the vehicle will likely deform or move any object it hits.

It is important that auto manufacturers make cars that are safely designed and manufactured to minimize/prevent injuries or deaths. A car maker can be held liable for Massachusetts products liability or wrongful death if their defectively designed vehicle or a defective auto part within the motor vehicle causes personal injury or wrongful death.

New crash tests demonstrate the influence of vehicle size and weight on safety in crashes; results are relevant to fuel economy policies, Insurance Institute for Highway Information, April 14, 2009

Related Web Resources:
Car Size and Weight are Crucial (PDF)

NHTSA

Continue reading "Preventing Boston Car Accidents: IIHS Says The Bigger and Heavier the Motor Vehicle, the Greater the Safety Protection Provided" »

General Motors and the National Highway Traffic Safety Administration have announced the recall of 1,497,517 motor vehicles because of a a defect in the 3.8 liter engines of the autos that could lead to a car fire. The cars included in the recall are the Chevrolet Lumina (1998 to 2003 models), the Buick Regal (1997 to 2003), the Chevrolet Monte Carlo (1998 to 2003), the Chevrolet Impala (1998 to 1999), the Pontiac Grand Prix (1998 to 2003), and the Oldsmobile Intrigue (1998 to 1999).

The defect in the engine may cause oil to leak onto the exhaust manifold when hard braking. If the manifold is hot and the oil strikes the heat shield, there is the chance that an engine fire could occur.

Car Fires
Car fires are incredibly dangerous. They can emit toxic gas and lead to catastrophic burn injuries. Car fires can create heat as high as 1500 degrees Fahrenheit, with flames from burning vehicles emitting as far out as 10 feet or greater. A car fire can lead to a car explosion, resulting in debris from the car being flung outward. This could turn tire rims, axles, engine parts, and other car parts into deadly shrapnel. Air bags may deploy, battery acid can cause serious injuries, and the flammable fuel from gas tanks could end up spraying onto other vehicles and people in the area.

According to the National Fire Protection Association and the AAA:
• There were 266,000 car fires in 2004 resulting in 520 deaths.
• Over 1,300 people a year become the victims of car fires.
• 75% of car fires occur because of poor maintenance.
• Motor vehicles contain at least six flammable fluids under their hood that can leak onto hot surfaces, starting a fire.

This is why it is so important that any defect that can lead to a car fire be remedied immediately. And if you or someone you love was injured in a Massachusetts motor vehicle accident involving a fire that was a result of an auto defect, you need to speak with an experienced Boston products liability law firm to explore your legal options.

GM Recalls 1.5 Million Cars For Fire Hazard, Consumer Affairs, April 14, 2009

New Warning to be Issued About Deadly Car Fires, ABC News, October 12, 2005

Related Web Resources:
National Highway Traffic Safety Administation

Car Fires: What you need to know to be safe..., Kids-Safety

Continue reading "GM and NHTSA Announce Recall of 1.5 Million Motor Vehicles " »

In Massachusetts, two serious Brockton motor vehicle accidents have left its victims with injuries. On Friday morning, two sisters from East Bridgewater got hurt when their compact car was involved in an accident with a tractor-trailer.

19-year-old Esther Martinez sustained a fractured skull, two spinal fractures, brain contusions, serious facial factures, and a broken collar bone. She had 32 stitches on her head. As of Monday, she was reportedly in critical condition at Brigham & Women’s Hospital. Her sister, 21-year-old Cristina Martinez, sustained a broken elbow and wrist.

The deadly Massachusetts tractor-trailer crash happened on Route 24 northbound close to exit 18. The sisters’ vehicle was totaled during the traffic collision. Fortunately, both women were using seat belts at the time of the accident.

In another Brockton traffic accident, a 60-year-old Massachusetts woman suffered serious injuries in a pedestrian accident when she was struck by a car on Monday. The pedestrian was pushed under the vehicle of another driver, whose vehicle was rear-ended by the first vehicle.

NHTSA: 2008 Motor Vehicle Crash Deaths
Motor vehicle crashes continue to be a leading cause of death in Massachusetts and the rest of the country. The US Department of Transportation, however, had some good news to report this week when it issued its 2008 motor vehicle crash death toll.

With 37,313 traffic fatalities occurring last year, there hasn’t been so low a motor vehicle fatality total since 1961 when there were 36,285 deaths. Massachusetts, unfortunately, was named prominently in the update as having the lowest state ranking for seat belt use. While the national average for seat belt use is 83%, Massachusetts’s 68.8% is low, down by 1.9% from 2007.

In Massachusetts, as in 21 other US states, police officers can’t stop a motorist for not using a seat belt. Police can only ticket drivers for not wearing safety belts if they apprehended them for other reasons.

Regardless of whether or not you were using a seat belt, if you were injured in a Massachusetts car collision, bus accident, truck crash, bicycle accident, or pedestrian accident because another motorist or another party was negligent, you have legal options for recovery.

Woman hit by car outside Brockton store flown to Boston hospital, Wicked Local, April 7, 2009

East Bridgewater sisters recovering after serious crash in Brockton, Wicked Local, April 6, 2009

Mass. ranks last again in US for use of seat belts, Boston.com, April 7, 2009

U.S. Transportation Secretary LaHood Announces Record Low Traffic Deaths, Improved State Seat Belt Use, NHTSA, April 6, 2009

Related Web Resources:
Early Estimates of Motor Vehicle Traffic Fatalities in 2008, NHTSA, March 2009 (PDF)

Seat Belt Use in 2008, NHTSA (PDF)

Executive Office of Transportation
, Mass.gov

Continue reading "Two Brockton, Massachusetts Traffic Accidents Result in Serious Injuries" »

Toyota is recalling 1.3 million motor vehicles over concerns that a foam pad located close to the seat belt could catch fire during an auto crash. Included in the automaker’s recall are 134,000 Yaris subcompacts (2006 and 2007 models) that were sold in the United States.

The National Highway Traffic Safety Administration is working with Toyota to recall the cars, which come with front passenger seat belt and driver seat belt pretensioners that retract the belts so that the occupants' forward momentum is absorbed during a serious frontal impact.

Toyota is concerned that during serious, frontal crashes, the mechanism that is supposed to tighten the seat belt could release a gas that might cause a foam pad used for insulating sound to catch fire. So far, there are no reports of any incidents stemming from the defect in the United States.

Auto defects or defective auto parts can lead to serious injuries and deaths. Auto manufacturers are supposed to make sure their vehicles are safe for use. While defects can occur during the production or shipping of a motor vehicle, there are auto parts that are defective because there are flaws in their design.

If you or someone you love was injured in a Massachusetts motor vehicle accident because the vehicle you were riding in was defective or malfunctioned, you may have grounds for an automobile products liability lawsuit.

Common auto defects that have resulted in personal injury lawsuits:

• Defective seat belts
• Rollover accidents
• Defective air bags
• Faulty engines
• Defective tires
• Brake defects

Toyota Announces Safety Recall on Select Vehicles, PR Newswire, January 28, 2009

Global Recall by Toyota; Affects 1.35 Million Cars, Huliq.com, January 28, 2009

Related Web Resources:
NHTSA

Toyota

Continue reading "Toyota Issues International Recall of 1.3 Million Motor Vehicles" »

New information in the February 2009 issue of the Journal of Neurosurgery: Spine offers convincing evidence that the combined use of seat belts and air bags is the best protection that auto accident victims can have from sustaining spine fractures. The findings are based on an examination of over 20,000 motor vehicle crash victims who were treated in Wisconsin hospitals between 1994 and 2002.

According to the study:
• The number one cause of spinal cord injuries is motor vehicle accidents.
• Becoming involved in an auto crash in a vehicle equipped with air bags and while using a seat belt lowered the chances of an accident victim sustaining a spine fracture.
• Just 14% of the drivers and front seat passengers who were victims of motor vehicle crashes had the protection of both a seat belt and an air bag.
• 38% of the accident victims were not using seat belts.
• Out of the 2,530 victims with spine fractures who were part of the study, 64 of them died in hospitals.
• Kinds of spine fractures: 1,067 of them were cervical fractures, 1,034 were lumbosacral fractures, and 565 were thoracic fractures.
• Auto accident victims that were using an air bag and not a seat belt had a greater chance of sustaining a severe thoracic spine fracture.

Evidence from the study was based on information about air bag and seat belt usage combined with spine fracture incidences. Some 20,276 auto accident victims were part of the study. All of the individuals had be either front seat passengers or drivers, 16 years of age or older. They also had to not have been thrown from the vehicle during the crash, and complete ICD-9CM data had to be provided.

One of the authors of the study, Marjorie C. Wang, MD, MPH from the Department of Neurosurgery, Medical College of Wisconsin in Milwaukee, says that federal and state governments should dedicate more resources toward making sure that motor vehicle occupants use air bags and seat belts together.

Spinal Fractures
A spinal fracture is when at least one vertebrae in the back or neck breaks. While many spine fracture cases are not serious enough to warrant surgery, more serious spinal fractures can result in spinal cord injuries, paralysis, severe pain, and death. Failing to treat existing fractures can lead to progressed deformity and the ability to live a healthy, normal life.

Research: Air Bags/Seat Belts Important in Preventing Spine Fractures, Huliq News, January 26, 2009

Spinal Fractures, Spine Universe.com

Related Web Resources:

Journal of Neurology: Spine

Spinal Cord Injuries, Medline Plus

Continue reading "Seat Belts and Air Bags Together Are Key to Preventing Spine Fractures During Motor Vehicle Accidents" »

Police in the Boston area say at least 11 motor vehicle crashes occurred over the weekend. According to the National Weather Service, some 8.8 inches of snow fell from the sky on Friday, with another 3.7 inches of snow falling on Saturday and 3.8 inches on Saturday. This made for poor driving conditions. Some 50 plows tried to clear the streets over the weekend. Fortunately, there were no serious injuries.

One auto accident left a Jeep with significant damage after its driver hit an NStar utility pole. The 37-year-old Dedham motorist was eventually cited for leaving the scene of property damage. In another Boston motor vehicle crash, an auto struck another motor vehicle as it was backing out of a driveway. Another accident occured when a plow driver backed his vehicle into a Bridge Street building.

Driving in Snowy Weather
Snow and ice on the road can make for hazardous driving conditions that can lead to serious Massachusetts injury accidents. Just because poor weather conditions may have been a major factor in causing a traffic collision, however, does not mean that there aren’t steps that you can take to drive safely and prevent auto accidents from happening. As the driver of a car, truck, or bus, you are supposed to exercise even greater care to avoid auto crashes from happening, including:

• Drive at a slower speed
• Give yourself more time than usual to arrive at your destination.
• Make sure that there is even more space between you and the vehicle in front/behind you.
• Make sure your lights are on so that other drivers can see you.
• Brake gently so that your vehicle doesn’t skid.
• Don’t drive using your cruise control when the roads are icy.
• Drive defensively.

You may be entitled to Massachusetts personal injury compensation if you were injured in a Boston car accident.

Storm card : 3 days, 15 inches and 11 accident, The Daily News Transcript, December 22, 2008

Driving Safety Tips, National Weather Channel

Related Web Resource:
Winter Driving Safety Tips, Mass.gov

Continue reading "11 Boston Area Motor Vehicle Crashes Reported During Weekend Snowstorm" »

Two Massachusetts teenagers died in Middleborough on Thursday after the 18-year-old driver lost control of his car and struck a tree. Driver Joseph W. DeYoung and his 17-year-old passenger, Brian McMahon, died from their injuries. DeYoung had just earned his driver’s license on December 2.

Middleborough police says wet roads, driver inexperience, and speeding contributed to the fatal Massachusetts car crash, which occurred early in the morning on Purchase Street as the teens were headed to school. An initial investigation into the crash indicates that DeYoung lost control of the car. The two Middleborough high school teens were pronounced dead at the accident site.

NHTSA Young Driver Facts
- In 2006, there were 13 million young, licensed drivers, 15 – 20 years-of age, in the United States.
- In 2007, 6,982 young drivers were involved in deadly motor vehicle crashes.
- Motor vehicle accidents is the number one killer of people, ages 15 - 20.
- 3,174 drivers, ages 15-20, died in auto crashes last year.
- 252,000 were injured.
- 1,631,000 young drivers were involved in the 10,524,000 auto crash incidents that were reported to police.
31% of young drivers that died in traffic accidents last year had consumed alcohol.
-

In Massachusetts:
- 83 people died in Massachusetts motor vehicle crashes involving young drivers last year.
- 36 of the victims were young drivers operating one of the vehicles.
- 28 of the fatalities were occupants of vehicles driven by young drivers.
- 16 of the people that died were riding in other vehicles.
- 3 of the victims who died were not riding in any vehicles.

On their way to school, two teens die in crash, Boston.com, December 12, 2008

Young Drivers, 2007 Traffic Safety Facts, NHTSA

Related Web Resources:

A Comprehensive Approach to Teen Driver Safety

Statistics About Teen Drivers, Mass.gov

Continue reading "Two Middleborough Teens Killed in Massachusetts Car Accident" »

Unicef and the World Health Organization say that 830,000 children are killed around the world in accidents. Their report, the World Report on Child Injury Prevention, is the first report to gather all known information on child injuries and deaths around the globe.

The report’s estimates are acknowledged to be broad because so many poor countries are unable to collect many health statistics. The findings also take into account that there are many children who are injured or killed without receiving medical care.

According to the report, the most common causes of fatal child injuries around the world include:

• Motor vehicle accidents
• Burn injuries
• Drowning accidents
• Fall Accidents
• Poison

Other common causes of death include murder, serious illnesses, diseases, childbirth, and abortion.

The United Nations is encouraging governments to require safety measures, such as pool fences and bicycle helmets, that could save thousands of kids' lives each year. The UN Children's Fund and WHO report says use of lifejackets, childproof medicines, window guards, and smoke alarms, could also save many lives.

In the United States, according to the Centers for Disease Control and Prevention, 12,175 children are killed in accidents each year:

• US motor vehicle collisions continue to be the leading cause of death for kids 1 year of age or older.
• Suffocation is the number one cause of death among kids younger than 1.
• Drowning accidents is a leading cause of death for kids ages 1 to 4.

CDC injury prevention chief Ileana Arias says making kids younger than 8 ride in booster sides, passing graduated driver’s license laws in more US states, and barring teens from driving with other teens or at night could save lives.

In Massachusetts and other US states, these lists of common injuries and deaths can be grounds for personal injury and wrongful death lawsuits if another party was negligent in causing the motor vehicle crash, burn accident, dog attack, fall accident, suffocation accident, or another injury accident to occur.

Report Sounds Alarm on Child Accidents, NY Times, December 9, 2008

Preventable injuries kill 2000 children every day, WHO, December 10, 2008

Car Crashes, Falls Top List of Accidental Injuries for Kids, US News and World Report, December 10, 2008

Related Web Resources:

Read the World Report on Child Injury Prevention (PDF)

UNICEF

Continue reading "Leading Causes of Child Deaths Are Also Common Causes of Personal Injuries and Wrongful Deaths" »

An Essex Superior Court jury has ordered the 99 Restaurants of Boston and Haverhill resident David Kvinlaug to pay a Quincy woman $5 million for personal injury. Laurie Clifford lost her arm in a 2003 drunk driving accident. Kvinlaug, who was driving the car that Clifford was riding in, pleaded guilty to drunk driving and served 90 days in jail.

On May 18, 2003, bartenders at the Ninety Nine Restaurant & Pub in North Andover reportedly served Kvinlaug, who worked at the restaurant as a line cook but was off-duty at the time, the equivalent of 11 12-ounce beers in under two hours. The 32-year-old then reportedly had a few more drinks at a party before driving his vehicle into a school bus that was parked on Chadwick Street.

Clifford and another passenger were in the car when the accident happened. Clifford’s arm, which was almost severed in the catastrophic Massachusetts crash, had to be amputated following 30 surgeries to try repairing her arm.

The 99 Restaurant chain had argued that the 33-year-old woman was partially at fault for her injuries because she knew Kvinlaug was drunk when she got in the car with him. While the jury acknowledged that Clifford acted negligently when she got into the car with a drunk driver, they found that the restaurant chain was five times more negligent because it served Kvinlaug too much alcohol.

Last week the Essex Superior Court jury ordered 99 Restaurants and Kvinlaug to pay $3.2 million in damages plus an additional $1.8 million in interest. Judge Frances McIntyre, however, ordered that Geno Barone, the person who hosted the party that Kvinlaug and Clifford attended, would not have to pay Clifford damages.

Drunk Driving
The National Highway Traffic Safety Administration says there were 146 alcohol-impaired driving fatalities in Massachusetts in 2007. If you have been seriously injured in a drunk driving accident, you may be able to file a Massachusetts personal injury claim or lawsuit against all negligent parties for personal injury.

Jury Awards $5M to Woman Who Lost Arm in Drunk Driving Accident, Insurance Journal, November 10, 2008

Jury awards woman $5M for losing arm in Haverhill drunk driving accident, Eagle-Tribune, November 7, 2008

Related Web Resources:
2007 Alcohol Impaired Driving Fatalities, NHTSA (PDF)

99 Restaurants

The Boston widower and children of a woman that died in July 2006 when 26 tons of concrete fell from the Big Dig tunnel ceiling onto the car she was riding, will receive over $28 million for her wrongful death. The settlement resolves the family’s claim against all the defendants, including the Massachusetts Turnpike Authority, Modern Continental Co., Gannett Fleming Inc., Bechtel/Parsons Brinkerhoff, Newman Associates, and Powers Fasteners. The family is represented by Denner & Pellegrino, LLP.

39-year-old Milena Del Valle was crushed by the weight of the concrete slabs that fell onto the motor vehicle she was in. Her husband Angel, who was driving the car at the time of the accident, sustained minor injuries in the tunnel ceiling collapse.

A report released by the National Transportation Board last year found that a different kind of epoxy should have been used in the tunnel’s construction. The report placed blame for the deadly collapse on designer Gannett Fleming, construction contractor Modern Continental, Big Dig project manager Bechtel/Parsons Brinkerhoff, and Powers Fastener, which provided the epoxy.

The Massachusetts Turnpike Authority has called the 2006 tunnel collapse a colossal oversight failure by previous administrations and says that now that it is in charge of the tunnel, it has finished a detailed overview of the construction project and developed an inspection plan to prevent future fatal accidents.

Since construction of the Big Dig tunnel began, the project has had experienced a number of construction problems, including failing debris and leaks. Earlier this year, Bechtel/Parsons Brinckerhoff and 24 design companies reached a $458 million settlement agreement with the state of Massachusetts so they would not be criminally charged.

Massachusetts wrongful death cases can be complex cases to prove, and there may be more than one party liable for you death caused by another person's negligence in a motor vehicle crash or because of a defective product.

$28M settlement reached in Big Dig death lawsuit, AP, October 2, 2008

Family to get $28m in Big Dig death, Boston.com, October 1, 2008

:Related Web Resources:

Concrete falls, and a couple's joy is destroyed, Boston.com, July 12, 2006

The Big Dig, Massachusetts Turnpike Authority

A Massachusetts three-car collision close to the Mendon town line this weekend left two Milford men with serious injuries, while four others were also treated for minor injuries at a local hospital. The auto crash happened on Saturday afternoon on Hartford Avenue when a Ford pickup truck hydroplaned, colliding with two cars.

Preliminary details indicate that the pickup truck driver turned sideways and drove into the path of the other two vehicles after hydroplaning. The pickup truck driver, 32-year-old Milford resident Nelson Pacheco, and his passenger, Kenneth Doyle sustained serious injuries from the crash.

The two passengers of the Toyota Sequoia that struck Pacheco’s pickup suffered minor injuries, as did the two people riding the black Hyundai that was also involved in the multi-vehicle collision. All of the victims were treated at Milford Regional Medical Center.

Bellingham say that weather was a factor in causing the auto injury accident and an investigation is ongoing. The Central Massachusetts Accident Reconstruction Team is also looking into the cause of the crash.

Insurance.com Offers a Number of Tips for Driving in Wet Weather, Including:

• Don’t drive too fast.
• Do NOT slam on the brakes if your car skids.
• Make sure there is a safe amount of distance between you and other cars.
• Make sure that you pay extra attention when driving.
• Make sure your tires are in good condition.

Negligent driving even when weather conditions are bad can be grounds for a Boston personal injury claim or lawsuit if anyone is injured as a result.

Two Milford Men Injured in Crash, The Milford Daily News, September 28, 2008

Wet-Weather Driving Tips, Insurance.com

Related Web Resource:

Safe Family: Driving in wet weather, KXII.com, August 19, 2008

Continue reading "Two Massachusetts Men Seriously Injured in Multi-Crash Near Mendon Town Line" »

General Motors has announced the recall of 944,000 motor vehicles due to concerns that a fire could break out in the vehicles’ heated windshield washer fluid system. 850,000 of the vehicles recalled are in the US. According to GM, If the circuit board that controls the system experiences a short circuit, a grounding wire could overheat. This could lead to other electrical components malfunctioning and in rare instances, a fire could break out.

The auto manufacturing giant says that it knows of at least three incidents in which fires broke out in GM motor vehicles because of this problem. Two vehicles belonged to GM’s fleet of test automobiles. No injuries have been reported. The Chicago Tribune, however, is reporting nine fires stemming from the auto parts defect. As part of the recall, GM dealers will install a device that will allow the system to shut down if a short circuit happens.

Car Fires
Car fires can cause serious injury to drivers, passengers, and others. They can result in toxic or deadly gases, such as carbon monoxide, being emitted from a vehicle.
Car fires can generate heat as hot as 1500 degrees Farenheit, with flames from that potentially extending as far out as 10 feet and beyond. A motor vehicle fire can lead to a deadly explosion, especially when fed by the gas in an automobile's tank.

According to the US Fire Administration, in 2006:

• There were 278,000 auto fires.
• 490 people died in these fires.
• 1,200 others were injured.

GM recalls 850,000 vehicles over fire risk, ChicagoTribune.com, August 30, 2008

Electric fault spurs big GM recall, Reuters, August 29, 2008

Car Fires: What You Need to Know to Be Safe, Kids Safety Klub

Related Web Resources:

Electric fault spurs big GM recall, Reuters.com, August 29, 2008

The Recalls Summary (Includes the list of GM Vehicles that are part of the recall), NHTSA

General Motors

US Fire Administration

Continue reading "Fire Hazard Prompts General Motors to Recall 944,000 Motor Vehicles" »

Officials in Massachusetts came together on Wednesday to warn motorists of the dangers of operating under the influence of alcohol or drugs. The warning comes two days before the start of the three-day Labor Day holiday and is part of the state’s "Drunk Driving. Over the Limit. Under Arrest" efforts, which runs from August 13 until September 3, 2008.

According to Massachusetts State Police Superintendent Col. Mark. F. Delaney, “We want people to enjoy themselves, but we want them… -- if they are driving -- absolutely sober." During this latest initiative, Massachusetts state and local police will conduct more patrols to apprehend anyone driving under the influence of alcohol and drugs and prevent more traffic injuries and deaths from happening.

The National Highway Traffic Safety Administration says that there were 174 drunk driving-related deaths in Massachusetts in 2006. Meantime, the number of people arrested over the last few years for OUI in the state has increased from 3,860 in 2006 to 4,879 in 2007. Nationally, in 2007, there were 12,998 alcohol-related deaths.

According to Mothers Against Drunk Driving’s Massachusetts chapter Communications Director David DeIuliis, out of every three people, one person knows someone that was hurt or died in an auto accident caused by a drunk driver.

In addition to efforts by state and local agencies to stop drunk driving, Massachusetts State Police are suggesting that people:

• Drive sober.
• Drive no faster than the designated speed limits.
• Refuse to get in the car with a drunk driver.
• Call 911 if they see anyone driving drunk.
• Wear safety belts.

Drunk driving accidents are often catastrophic accidents, and the ones that suffer the most are the victims and their loved ones. You and your family may be entitled to personal injury compensation.

Police Step Up Highway Patrols For Holiday, WCVB.com, August 27, 2008

Drunk driving initiative under way, WickedLocal.com, August 20, 2008

Related Web Resources:

Drunk Driving. Over the Limit. Under Arrest, Mass.gov

Impaired Driving, CDC.gov

Continue reading "To Prevent Massachusetts Drunk Driving Accidents Over the Labor Day Weekend, Officials and Police Warn Motorists Against Driving Under the Influence of Alcohol or Drugs" »

This month, the National Highway Traffic Safety Administration released its 2007 Annual Assessment of Motor Vehicle Traffic Crash Fatalities and People Injured data. Statistics for last year indicate a 3.9% percent decrease in traffic accident fatalities between 2006 and 2007.

Overall traffic accident deaths for 2007 was 41,059, down from 42,708 in 2006, with injuries also decreasing from 2,575,000 in 2006 to 2,491,000 in 2007.

Other 2007 US Traffic Facts:

Passenger vehicle deaths: 28,933
Injuries: 2,221,000

Motorcycle deaths: 5,154
Injuries: 103,000

Pedestrian Deaths: 4,654
Injuries: 70,000

Bicyclist Deaths: 698
Injuries: 43,000

Large Truck Occupant Deaths: 802

The NHTSA also provided 2007 traffic accident statistics for the state of Massachusetts: 417 deaths.

According to US Transportation Secretary Mary E. Peters, the decline in total motor vehicle deaths can be attributed to more aggressive law enforcement measures at both the state and federal levels, as well as the manufacturing of safer motor vehicles.

Read the Summary of the 2007 Annual Assessment of Motor Vehicle Traffic Crash Fatalities and People Injured (PDF)

Related Web Resources:

Massachusetts Highway Department

National Highway Traffic Safety Administration

Continue reading "NHTSA Releases 2007 Traffic Accident Statistics" »

An Andover resident and his family are suing the town for personal injuries he suffered when he was hit by a police car. Christopher “Gerry” Lohan was shoveling snow in his driveway last December when the accident happened. Officer Daniel Devine was driving the police cruiser.

Lohan, 39, suffered a fractured leg. He continues to have problems climbing and descending stairs and walking long distance and his still taking pain medication. A titanium road and screws were inserted in his leg. Lohan’s lawyer says his medical costs are up to $120,000.

Lohan and his family are seeking $400,000 in damages. Under Massachusetts law, a municipality can pay no more than $100,000 max per injury claim against it. The family has filed four separate claims. One claim for injuries and three claims for loss of comfort, care, consortium, and services on behalf of Lohan’s wife and their two sons.

Lohan’s attorney says that Devine was driving at a negligent speed and was not driving safely for the current weather conditions, which caused his vehicle to swerve across the road, crash into the snowbank, and hit Lohan.

As a result of the crash, Lohan flew into the hood and windshield of the police vehicle before being thrown 10-15 feet. The police car continued driving for about 25 feet before stopping. Andover police claim the crash happened because of weather conditions rather than speeding.

Serious injuries caused by a motor vehicle collision can require extensive and costly medical care. Not only must the victim contend with the physical hardship that comes with recovering and/or living with an injury, but he or she may not be able to return to work or complete tasks necessary to take care of a family or household.

Andover resident seeks damages for being hit by police cruiser, The Eagle-Tribune.com, August 13, 2008

Man hit by cruiser while shoveling driveway, AndoverTownsman.com, December 20, 2007

Related Web Resources:

Andover, MA

Andover Police Department

In Chelmsford, Massachusetts, a multi-vehicle crash involving a tractor-trailer, a car, and a pickup truck on Interstate 495 today left one person dead. The traffic accident occurred when a Dodge Intrepid hit a Kenworth tractor-trailer.

The tractor-trailer driver then lost control of his truck, which crossed the median before hitting a Chevrolet Silverado pickup truck in a head-on collision. The driver of the pickup truck, Charles Butzer, died in the crash. Jody Anderson, the tractor-trailer driver, was treated for minor injuries at Lowell General Hospital.

Police are conducting an investigation to determine the cause of the crash. They say that thunderstorms may have contributed in causing the fatal auto collision.

With Massachusetts traffic accidents involving multiple parties, it is important to work with a Boston motor vehicle crash lawyer that has the resources and connections to work with experienced accident reconstructionist experts that can examine the vehicles involved and the accident scene to determine what caused the crash. There may be more than one party that can be held liable for injuries or wrongful death.

If someone you love has died because of a negligent driver or another liable party, Massachusetts’s wrongful death law allows you to sue for wrongful death.

1 Dead In Pickup, Tractor-Trailer Crash, WCBV.com, July 24, 2008

Related Web Resource:

Massachusetts Wrongful Death Law

Continue reading "One Fatality in Massachusetts Crash Involving Tractor-Trailer, Car, and Pickup Truck in Chelmsford" »

In Massachusetts, Michael Faria, the man charged in connection with a fatal hit and run accident in Easton on Saturday may have been text-messaging when the accident occurred.

According to a Bristol County prosecutor, Faria told a friend that he was texting on his cell phone when his car struck John McCarthy. The 58-year-old pedestrian had been walking close to Washington Street when he was struck.

Prosecutor Jessica Lennon says that Faria’s failure to call for help may have been the cause of McCarthy’s death—who may have survived the accident if he had received medical help sooner. Another motorist contacted 911 about 25 minutes after the accident happened.

McCarthy was wearing a reflective vest when the accident happened. Easton police believe that he was on the shoulder of the road when Faria allegedly struck him. While no one witnessed the accident, police found a small fragment from what was the wheel well of a black Infinity SUV.

Easton police publicized the information, and they received an anonymous phone call on Monday that eventually led them to Faria, who turned himself in after several hours of negotiations over the phone.

Faria pleaded not guilty to homicide by motor vehicle, leaving the scene of the accident, and operating to endanger.

Driver negligence and inattention are common causes of catastrophic injury accidents to pedestrians and other motorists. All motorists are required to exercise a reasonable duty of care when behind the wheel. When failure to fulfill this care leads to serious injury or death, a driver can be held liable for personal injury or wrongful death.

Examples of motorist negligence:

• Failure to obey traffic signs or laws
• Drunk driving
• Speeding
• Failure to exercise caution on the road
• Text messaging or talking on the cell phone while driving
• Reckless driving
• Hit and run
• Leaving the accident scene

Prosecutor: Hit-and-run defendant was text-messaging, Boston.com, July 16, 2008

Fatal hit-run puts scrutiny on texting, BostonHerald.com, July 17, 2008

Related Web Resources:

Outlawing Text Messaging While Driving, US News and World Report, February 11, 2008

The Tragedy of Fatal Hit and Run Accidents on America's Deadly Roads, Deadly Roads.com

Continue reading "Massachusetts Man that Struck Pedestrian in Hit-and-Run Accident May Have Been Text Messaging" »

Anne Ferreira, the Raynham, Massachusetts woman who drover her 1996 Toyota Camry sedan the wrong way on the Route 25 freeway on March 11, is being charged with DUI.

She crashed her sedan into a 1997 Buick LeSabre sedan. Both Ferreira and the driver of the sedan, 65-year-old New Bedford resident David McGowan, had to be pried from their motor vehicles. McGowan suffered serious injuries in the car accident and was taken to Massachusetts General Hospital in Boston.

Massachusetts State Police said that a preliminary investigation found that Ferreira was driving under the influence of alcohol.

Drunk driving is considered reckless or negligent behavior and can lead to a personal injury or wrongful death lawsuit if another person is injured in a motor vehicle collision as a result.

The National Highway Traffic Safety Administration says that drunk drivers can experience problems in maintaining the proper lane position (including weaving, drifting, swerving, turning with a wide radius, difficulty braking, speeding problems), vigilance problems (including driving into opposing or crossing traffic, signaling that is inconsistent with driving actions) and judgment problems, such as deciding to turn illegally and driving the wrong way down a road.

The consequences of drunk driving on the driver, his or her passengers, people in other cars, and pedestrians can be catastrophic. Of the 442 traffic fatalities that occurred in Massachusetts in 2005, 171 of them were alcohol-related.

Woman in wrong-way charged with DUI, Wickedlocal.com, March 20, 2008

The Visual Detection of DWI motorists, NHTSA

Related Web Resources:

Impaired Driving, CDC

Massachusetts Drunk Driving Statistics, AlcoholAlert.com

Continue reading "Raynham, Massachusetts Drunk Driver Involved In Injury Accident While Driving The Wrong Way" »

Approximately 87,000 Massachusetts drivers have been in at least two motor vehicle accidents from 2002 through June 2007. 8,400 of these drivers have been in three crashes. Some 1,100 were in four auto collisions. Some 220 people have been in at least five accidents. Yet a number of these drivers continue to return to the roads. There are 4.7 million Massachusetts drivers.

The Boston Globe looked at 750,000 accident records from the Registry of Motor Vehicles. According to the study:

• Males are more frequently involved in motor vehicle accidents than females.
• Drivers 25 years of age and under are involved in 30% of the crashes.
• Fridays, after midnight, and after rush hour are the times when accidents are most likely to occur.

According to state and public safety officials, common causes of motor vehicle accidents in Massachusetts include:

• Negligence
• Aggressive driving
• Driver inexperience
• Bad road designs
• Bad weather

In one recent deadly hit and run accident, the driver, Craig P. Bigos had at least six tickets and two motor vehicle crashes on his driving record. He was also driving with an expired license. Bigos allegedly hit a 13-year-old pedestrian while text messaging. He faces a motor vehicle homicide charge.

In 2004, a repeat offender heading to a methadone clinic struck a 55-year-old man in Kingston. In 2005, a 76-year-old Upton farmer, who has been in five accidents in six years, drove his tractor into a truck driven be an off-duty cop.

Accidents waiting to happen, Boston.com, February 10, 2008

Related Web Resources:

Massachusetts Registry of Motor Vehicles

2004-2006 Massachusetts Crash Statistics

Continue reading "Thousands of Massachusetts Drivers Have Been Involved In Multiple Motor Vehicle Accidents " »

A brawl between two truck drivers, one fatality, two multi-car collisions, a car fire, and series of fender benders slowed morning traffic for commuters on different freeways in Eastern Massachusetts.

Massachusetts State Police say that two tractor-trailer drivers were reportedly involved in a physical altercation on the side of the road on Route 295 S at the 1B exit in North Attleboro. The fight reportedly occurred after a car fire on Route 95 caused traffic to stall. By the time police arrived at the scene, however, the fight was already over.

On 495N in Andover, one person died in a three-motor vehicle collision. State police are also reporting a series of minor collisions on Route 95 in North Attleboro, Mansfield, and Foxboro. More motor vehicle crashes also occurred in Chelmsford on Route 93, while a tractor-trailer rollover slowed traffic on Route 97 in Georgetown. Another three-car collision occurred on the Masspike eastbound in Framingham.

If you were injured or sustained serious property damage in a motor vehicle collision anywhere in Massachusetts, you should speak with a Massachusetts personal injury attorney immediately.

Steps To Take If You Are In A Motor Vehicle Crash In Massachusetts:

• Stop your vehicle.
• Pull off to the side of the road.
• Notify police of the accident so that they can arrive at the scene and file a report.
• If you are injured, allow medics to assist you at the scene.
• Get the contact and driver’s information of the other drivers involved in the crash.
• Get the contact information of any witnesses.
• Write down as many details as you can about the accident.
• Contact your insurance company right away.
• If you sustained serious injury or property damage, contact a Massachusetts personal injury attorney.

You have three years from the time of the accident to file a car accident lawsuit in Massachusetts.

Breakdown brawl, crashes stall Monday morning commute, Boston Herald, January 28, 2008

Related Web Resources:

Limitations of Personal Actions, General Laws of Massachusetts

Motor Vehicle Accident Statistics

Continue reading "Multi-Vehicle Car Collision in Eastern Massachusetts Kills One Person During Monday Morning Commute " »

Dubbed Boston’s “most dangerous intersection,” the corner of Walk Hill Street and American Legion Highway has been the scene of 97 motor vehicle accidents in four years. Residents in the area think that this calculation is on the low end and they call the busy intersection “Kamikaze Way.”

The most recent major vehicle collision at the intersection occurred last December between an SUV, another motor vehicle, and an MBTA bus. Seven people were injured.

The intersection, located in Roslindale, is nestled in between a nature preserve, a cemetery, and strip malls. Neighbors, however, say that the intersection is a popular location for late-night drag races.

Speeding during the day reportedly occurs frequently—as drivers try to beat traffic lights before they turn red. Crossing the intersection is considered by some to be a life threatening experience and some residents say that the sounds of cars colliding several times a day is not uncommon.

For years, residents have been asking Boston officials to improve the intersection. But a disagreement between the state of Massachusetts and the city of Boston on how to make the improvements had delayed the process.

Last year, the Boston Transportation Department began implementing its own improvements, securing its own funding without the help of the Massachusetts Highway Department. Since the project began, Turn lanes have been added, traffic lights are being replaced, roads have new surfaces, curb roads have been heightened, and new bike lanes and street lanes are being added. The project will cost the city of Boston $9 million.

The Boston Police Department has extra troopers patrolling the area to keep drivers on their best behavior while crossing the intersection. Boston Police Captain Frank Armstrong, however, says that the 30mph speed limit sign on American Legion is poorly lit at night.

State and city officials are supposed to make sure that streets, avenues, freeways, intersections, turn lanes, curb roads, traffic signs, and traffic lights are in the safest working condition possible to minimize the chances of a Massachusetts traffic accident occurring.

If your accident occurred because the design of an intersection is faulty, a traffic sign was not working properly, or any other reason that could have been avoided had state or city officials taken the proper steps to ensure that conditions of the road where your injury collision occurred were safe and in proper working order, you may be able to file an injury claim or lawsuit against Massachusetts or the city where the accident occurred.

Help on way for city's most dangerous intersection, Boston.com, January 22, 2008

Related Web Resources:

Massachusetts 2006 Five Percent Report, FHWA Safety

Boston Transportation Department

Continue reading "Boston, Massachusetts Shells Out $9 Million to Fix Its Most Dangerous Intersection" »

The Massachusetts Supreme Judicial Court issued a ruling earlier this week that says a doctor can be sued for personal injury if his patient caused a deadly car accident.

The case before the SJC involved a mother who wants to sue a doctor because he allegedly did not warn his patient that taking his medication could cause him to become a dangerous driver. The doctor, Dr. Roland Floria, practices medicine in Brockton, Massachusetts.

On March 22, 2002, Floria's patient, David Sacca, 75, passed out while driving his car. His vehicle swerved off the road and struck Kevin Coombes, 10, who was standing on the sidewalk. Coombes died of his injuries from the accident. Dr. Floria had prescribed oxycodone, prednisone, Zaroxolyn, Paxil, potassium, furosemide, oxazepam, and Flomax to Sacca. Side effects of these drugs can include fainting, drowsiness, and dizziness.

In the court’s lead opinion, Justice Roderick L. Ireland compared Dr. Floria’s failure to warn Sacca about his medications’ side effects to a bartender giving a drunken customer a drink. He said that the physician’s duty of care includes "all those foreseeably put at risk by his failure to warn about the effects of the treatment he provides to his patients."

This is the first time that Massachusetts’s SJC has issued such a ruling. Two earlier state Superior Court rulings had held doctors liable when their patients struck a pedestrian and biker. The ruling by the SJC, however, could make it easier for similar lawsuits holding doctors accountable for their patients’ actions to follow.

Dr. Dale Magee, the head of the Massachusetts Medical Society that represents the majority of Massachusetts’s doctors says that the ruling “may do more harm than good.” Magee noted that doctors should warn patients of possible medicinal side effects. He expressed concern, however, that informing a patient of every possible scenario could stop them from taking their medication.

The Supreme Judicial Court’s ruling paves the way for a wrongful death trial to determine whether Floria is liable for the boy’s death. Prior to this ruling, a doctor’s liability regarding failure to warn ended with the patient. Now, a physician’s liability could extend to “foreseeable” third parties and nonpatients.

If you or someone you love was injured in a car accident, truck crash, bicycle collision, or pedestrian accident anywhere in Massachusetts, you should contact a personal injury lawyer immediately.

Mass. Supreme Court Expands Doctors' Liability to Nonpatients, Insurance Journal, December 11, 2007

SJC ruling adds to doctor liability, Boston.com, December 11, 2007

Related Web Resources:

Massachusetts Supreme Judicial Court

Continue reading "Massachusetts Supreme Judicial Court Rules that Doctor Can Be Liable if Patient Causes Motor Vehicle Accidents" »

Sagamore residents Kelly Downing and Jayne Hill died on November 29 after their motor vehicle was hit by a Ford Taurus driven by 61-year-old Carol Ducey in Wareham, Massachusetts.

Police think that the fact that Ducey, a Wareham resident, may have had a seizure or stroke while driving, which is what could have caused her to lose control of her car.

Ducey’s Taurus reportedly first crossed the double yellow lines and struck a Lincoln Navigator and a Cape Cod Express truck on Cranberry Highway. The drivers of both those motor vehicles were not injured.

The Taurus, traveling at 60-80 miles an hour, then rammed a street sign and mailbox before striking the Saturn Sedan that Downing and Hill, who had just finished breakfast, were riding in. Their car was totaled. Both women leave behind two 12-year-old daughters.

Ducey was seriously injured in the car crash.

Accidental deaths unfortunately do happen even when the person responsible would never ever dream of intentionally harming another person.

In these instances, the family of the person who died may be able to hold the negligent party civilly liable for the wrongful death.

In Massachusetts, surviving family members can file a wrongful death claim or lawsuit against the party responsible for causing their loved one’s death.

Under the General Laws of Massachusetts, CHAPTER 229. ACTIONS FOR DEATH AND INJURIES RESULTING IN DEATH, a person can be sued for wrongful death if:

1) by his negligence causes the death of a person;
(2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted;
(3) operates a common carrier of passengers and by his negligence causes the death of a passenger;
(4) operates a common carrier of passengers and by his willful, wanton or reckless act causes the death of a passenger under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted; and
(5) is responsible for a breach of warranty arising under Article 2 of chapter one hundred and six which results in injury to a person that causes death.

Two women dead, a third seriously injured, in Wareham car accident, SouthCoast Today, November 30, 2007

Chapter 229: Section 2. Wrongful death; damages, The General Laws of Massachusetts

Related Web Resources:

Massachusetts Highway Department

Massachusetts Highway Crash Statistics

Continue reading "Two Massachusetts Women Are Killed in Deadly Wareham Car Collision" »

A WBZ-TV report states that Massachusetts state troopers are responsible for close to 500 of the motor vehicle crashes that have occurred on state roads since the turn of the century.

According to the study, close to 120 police officers have had at least four accidents since 2000, with speeding, inattentiveness, and following other vehicles too closely being among the common causes.

State police information shows that most of these collisions took place when troopers were heading to work or during regular patrols and when the weather and roads were in good condition.

In more than half of the crashes that took place, senior state police cleared the officers involved in the motor vehicle collision from blame. Senior officers found police partially to blame in only 7% of cases. Troopers were found responsible for 19% of the accidents.

Just because police are allowed to chase after suspects doesn’t mean they should not be held accountable when a person is injured because a police officer was negligent, careless, reckless, or speeding unnecessarily.

Police chases are sometimes unavoidable. It is unfortunate, however, that 33 to 40% of the people hurt or killed in police chases are innocent bystanders that just happen to be on the road—either as a pedestrian or a motorist—when the pursuits have taken place.

If you or someone you love was hurt anywhere in Massachusetts because a motor vehicle driver was negligent—even if the driver was a police officer—you should speak with a Massachusetts personal injury lawyer right away to find out if you have grounds to file a personal injury claim or lawsuit.

In 2006, there were 38,588 deadly motor vehicle collisions in the United States resulting in 42,642 deaths. Not only did these people lose their lives but their loved ones’ lives were altered irrevocably also.

You are entitled to wrongful death compensation if your loved one died on a Massachusetts road because of a negligent driver. There may even be more than one party that can be held liable for the personal injury accident.

Report: Troopers Have Caused Nearly 500 Crashes in Last 7 Years

Fatality Analysis Reporting System, NHTSA

Related Web Resource:

National Highway Traffic Safety Administration

Continue reading "Massachusetts State Troopers Responsible for Almost 500 Motor Vehicle Accidents Since 2000" »

Kathleen Vasa, the Massachusetts widow of the doctor who died when his 76-year-old cancer patient crashed her motor vehicle into the hospital’s radiation therapy unit where he worked, is suing the driver, Jane Berghold, for wrongful death.

Berghold, who crashed her car into the hospital on October 15, claims that she tried to stop the car but the brakes wouldn’t work. She has been charged with two counts of vehicular homicide by negligent operation and one count of operating to endanger.

Susan Plante, a 59-year-old hospital worker, also died from her injuries.

Wrongful Death
A person’s death is considered a “wrongful death” when the death occurred because another person, company, or entity acted negligently, carelessly, recklessly, or irresponsibly. Usually, only immediate family members can file a wrongful death claim or lawsuit.

Damages awarded in a wrongful death lawsuit usually take into account the financial and emotional costs that the loved one’s loss may have on surviving family members. Loss of emotional and financial support, medical and funeral expenses, loss of companionship, loss of benefits, and loss of inheritance are among the factors that can be taken into consideration. In certain cases, a plaintiff in a wrongful death case may also be awarded punitive damages to punish the defendant for their actions.

In Massachusetts, the Massachusetts Wrongful Death Statute describes how a wrongful death statute would be divided among surviving family members:

• If there is a surviving spouse and no children, but there are other relatives -- the spouse takes the first $200,000, and 1/2 of the remainder of the estate. The next of kin takes balance.

• If the deceased left behind a spouse and children -- spouse takes 1/2 and children receive the remaining balance.

• If there are no children or relatives-- the surviving spouse takes all.

• If the spouse is deceased, then everything goes to the children to be divided equally between them.

• If there is no spouse or children, the parents are the beneficiaries of a wrongful death award.

• No spouse, children or parents --shares then proceed to the brothers and sisters or descendants of deceased siblings divided equally among those in the same generation.

• No one listed above -- Whoever is the next closest in kinship, takes all.

Widow sues driver in hospital crash, Boston Globe, November 1, 2007

Massachusetts, Summary of State Wrongful Death and Intestacy Statutes

Related Web Resources:

Second person dies following car crash into hospital entrance, Boston Globe, October 16, 2007

Massachusetts Wrongful Death Statute

A Massachusetts doctor and a hospital secretary are dead following Monday’s tragic car accident involving a cancer patient who accidentaly drove her Oldsmobile into Brockton Hospital’s radiation center.

76-year-old Rockland resident Jane Berghold crashed her car through a glass door and into the center. She is a breast cancer patient at the center. Berghold was going to the hospital to give an X-ray Dr. Mark Vasa, to her radiation oncologist, who was Vasa was killed in the accident. Vasa was the chief radiation oncologist in charge of the center.

Susan Plante, a 60-year old hospital secretary who had worked at the hospital for two decades, died because of the catastrophic internal injuries she sustained in the crash. She had been taken to Massachusetts General Hospital. Two other hospital employees working at the reception desk sustained injuries.

Robert Berghold, Jane Berghold’s husband, says that his wife has a solid driving record and was never involved in a major car accident before this one.

Senior Drivers
Statistically speaking, senior drivers over 75 years of age tend to be at higher risk of being involved in car accidents than their younger counterparts, by 37%--whether as accident victims or as the driver responsible for the motor vehicle accident. Poor vision at night, drowsiness from medication, confusion, impaired memory, and decreased motor skills can easily affect the driving skills of some elderly drivers.

In Massachusetts, about 7,500 seniors over 68 years of age either lose their license after failing a road or eye test or they let their license expire. That said, many drivers 60-70 years of age are also considered to be among the safest drivers. Some states have specific driving laws focusing on elderly drivers. Massachusetts does not have a special driving law for seniors.

If you were injured or someone you love was killed in a car accident that was someone else’s fault, you may be able to file a personal injury or wrongful death claim or lawsuit against the negligent party.

Speeding, talking on the cell phone or text messaging while driving, drunk driving, aggressive driving, reckless driving, or careless driving are also common causes of motor vehicle crashes—regardless of a person’s age. A defective motor vehicle part, such as faulty tires or defective breaks, or a defective motor vehicle can also result in car accidents where a passenger or bystander can get injured or killed. In these instances, the motor vehicle manufacturer could be held liable in a products liability lawsuit.

Second person dies after car crashes into Brockton Hospital, Boston.com, October 16, 2007

Second Death Confirmed In Hospital Car Crash, WCVB.com, October 16, 2007

How Old Is Too Old Behind The Wheel?, AP, July 17, 2003

Senior Citizen Drivers: Are They Menace? Should Licensing Laws Be Tougher?, Senior Journal, June 16, 2005

Related Web Resources:

Brockton Hospital

Continue reading "Massachusetts Doctor and Hospital Worker Are Dead and Six Others Injured After Patient Drives Car Into Brockton Radiation Center" »

The new changes to the Junior Operator License Law takes effect today. The revised law mandates that driving students must log in more driving time with driving teachers and parents.

Parents of teen drivers will also spend two hours in class learning about the driver’s education program. The changes will hopefully help teen drivers become safer drivers on Massachusetts’s roads so that less car accidents and personal injuries will occur.

Under the revised law, teen drivers will still have to spend 30 hours in a classroom studying driving. They will now also have to take 12 hours of driving lessons in a car. An additional 40 hours will have to be spent driving with a parent or another adult.

Not only are teenage drivers at higher risk for getting injured or killed in a car crash, but their experience on the roads increases the chances of other drivers and pedestrians also sustaining injuries in a motor vehicle crash.

The Registry of Motor Vehicles says that in 2005:

• 33% of all 16-year-old drivers were involved in a motor vehicle collision.
• 19% of all 17-year-old drivers were in involved in a traffic crash.
• 14% of all 18-year-old drivers were involved in accidents.

According to Teendrivinginfo.com:

• Annually, 7,887 (14% of all drivers) 15-20 year-old drivers are involved in fatal traffic crashes.
• Each year 2,008 16 to 17-year-olds die in automobile crashes.
• Crash rates are the highest for teens during the 1st six months & 1,000 miles after licensure.

Injuries sustained in a motor vehicle accident can be very serious and costly, which is why you should speak to a personal injury attorney if you have been injured in a traffic collision because another driver behaved recklessly or negligently.

Junior driver license law mandates parental role, Telegram.com, August 30, 2007

Teen Driving Information for Everyone

Related Web Resources:

The Massachusetts Registry of Motor Vehicles

Teen Drivers, DMV.org

Continue reading "To Prevent Personal Injuries and Motor Vehicle Accidents in Massachusetts, Junior Operator License Law Calls For Teen Drivers to Spend More Time Driving With Adults " »

A 56-year-old South End female pedestrian who was seriously injured in a hit-and-run accident when she was 6 years old has lost her leg in another hit-and-run accident.

Donna Mills had her leg amputated on August 1 after she was hit by a tractor-trailer while crossing Huntington Avenue near Symphony Hall on July 30. She is recovering from surgery at Radius Specialty Hospital. The driver of the tractor-trailer left the accident scene.

As a child, Mills sustained permanent brain damage and a permanent leg injury when she was struck in a hit-and-run car accident in Boston. No one was ever charged in that crime.

Mills was struck while walking the route that she would travel daily. Police are looking for the driver of the tractor-trailer. Witnesses say the tractor-trailer had the word “FABIAN” in red letters on its side.

If you or someone you love has been seriously injured in a hit-and-run accident, not only has the negligent driver committed a crime, but he or she can be held liable for your personal injury accident and you can file a claim for recovery.

As a victim of a hit-and-run accident, not only are your dealing with the pain and suffering that comes from being injured, recovering from the accident, and finding a way to get your bills paid for, but you are also dealing with the trauma of being struck by a person who has tried to escape responsibility and accountability for your injuries by leaving the accident scene. By fleeing the accident site, the negligent driver has also become a criminal who has made you the victim of his or her crime.

What You Can Expect to Recover as a Victim of a Motor Vehicle Accident in Massachusetts:

• If you were riding a car at the time of the accident, your insurance will cover the first $2,000 of any costs related to your injury accident.
• If you were a bicyclist or a pedestrian who was injured by a car, truck, or motorcycle, then the insurance company of the negligent party has to cover the first $2,000.
• Your insurance company will be asked to cover any medical costs above the first $2,000. If you are able to recover money from a personal injury claim, your health insurance company may be able to collect what it spent from these damages.

Victim twice hurt in hit-runs loses leg, driver sought, Boston Herald, August 26, 2007

Related Web Resources:

Auto Accident Claims

Hit and Run 2004 Statistics, Deadlyroads.com

Continue reading "Massachusetts Woman Is Injured and Loses Leg in Tractor-Trailer Hit-and-Run Accident " »

Milton firefighter Antonio Pickens is in critical condition at Beth Israel Hospital in Boston, Massachusetts after being run down by an alleged drunk driver on Saturday. Pickens sustained massive injuries to his head and body when he was hit by a black Buick LeSabre Sedan while assisting motorists involved in a minor fender-bender outside the fire station where he works on Blue Hill Avenue.

Sustaining massive head injuries in a car accident can be very serious, especially if the head injuries result in traumatic brain injuries (TBI), such as hematoma (brain bruising), nerve damage, concussions, skull fractures, and permanent brain damage. Serious head injuries can lead to prolonged repercussions, including seizures, paralysis, changes in personality, changes in mental ability, loss of full use of any of the five senses, speech problems, and coma.

According to Milton Fire Lieutenant Jack Grant, doctors at the hospital have reattached Pickens’s arm, which was partially severed in the collision. Blood flow has been restored to his leg, which had sustained major arterial damage.

Recent drunk driving statistics say that there were 16,885 alcohol-related deaths in 2005. Approximately 254,000 people sustained injuries in a collision where alcohol was involved. The Federal Bureau of Investigation’s Uniform Crime Reporting Program says that more than 1.4 million drivers were arrested for DUI in 2004.

C.W. Tolbert, the driver of the sedan, pleaded not guilty to charges of third-offense drunken driving, driving drunk, and causing serious bodily injury and negligent driving.

According to Milton officials, the intersection of Atherton Street and Blue Hill Avenue where the accident occurred is one of several busy intersections that needs to be upgraded to ensure that the area is safer for drivers and pedestrians.

Massachusetts Firefighter Hit by Car, Firehouse.com, July 16, 2007

2005 Drunk Driving Statistics, Alcohol Alert.com

Head injury, Medline Plus

Related Web Resource:

Firefighter injuries by type of duty, National Fire Protection Association

Continue reading "Firefighter in Massachusetts Sustains Traumatic Head and Body Injuries After Being Hit By Allegedly Drunk Driver " »