Boston Injury Lawyer Blog

The family of a 12-year-old boy who was seriously injured in a Massachusetts pedestrian accident is suing Michelle Medeiros and her dad Fernando for personal injuries to a minor. Michelle, 17, is accused of striking Kelvin Savanhmixay and then leaving the crash scene. Now, his family is seeking damages for his pain and suffering and the injuries that he sustained during the traffic crash, including permanent disfigurement and loss of function.

Lowell police say Medeiros’s motor vehicle struck Kelvin at the intersection of Route 113 and Mammoth Road, causing him to fly about 20 feet in the air. Rather than stopping to help the boy, the teen driver is accused of leaving him dead and rushing off to a Lawrence salon for a hair appointment.

Michelle then called Lawrence police to report that someone had vandalized her father’s car. She also allegedly filed a false police report and had the vehicle towed to a body shop in an attempt to cover up evidence from the Massachusetts car accident.

Police say Michelle later confessed to her involvement in the Massachusetts hit-and-run crash. The high school senior is charged with passing a vehicle stopped for a pedestrian, negligent operation of a motor vehicle, operating at a speed greater than reasonable and proper, leaving the scene of an accident, and failure to use caution when changing lanes.

Hit-and-Run Accidents
Motorists are not allowed to drive away without stopping at the crash scene anytime they are involved in a pedestrian accident. To do so is called hit-and-run driving and against the law. Leaving a crash site can prove catastrophic if the pedestrian is seriously injured and no one calls for medical help. In some pedestrian accidents, victims who should otherwise have survived and recovered from their injuries ended up dying because the motorist that struck them didn't contact 911.

Law suit filed against Methuen teen in hit and run, The Eagle-Tribune, December 29, 2009

Hit-And-Run Victim Home, With Sense Of Humor, WBZ, November 27, 2009

Related Web Resources:
Teen Drivers: Fact Sheet, Centers for Disease Control and Prevention

National Highway Traffic Safety Administration

Massachusetts Department of Transportation

Continue reading "12-Year-Old's Family FIles Massachusetts Pedestrian Lawsuit Against Methuen Teen and Her Dad " »

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

The family of 17-year-old John Causland says he is stlll in critical condition following emergency brain surgery for injuries he sustained in a Massachusetts pedestrian accident on Sunday in Waltham. The high school senior was in a crosswalk when a driver who was allegedly drunk hit him.

The driver of the uninsured and unregistered vehicle that struck him was Bonnie Lee Hicks. The 43-year-old Billerica resident was charged with negligent operation of a motor vehicle, driving under the influence, and driving with an expired inspection sticker. She refused a Breathalyzer test at the crash site and failed three field sobriety tests. She pleaded not guilty to the charges and was released on personal recognizance. She is not allowed to drive and must appear in court again in January.

Court documents say that Hicks told police that she thinks that the teenager jumped in front of her vehicle. She did not sustain injuries in the Waltham pedestrian accident.

As of yesterday, Causland’s family reported that the teenager was sedated and stabilizing but that he was still living “hour by hour.”

2008 Pedestrian Traffic Safety Facts (National Highway Traffic Safety Administration):

• 4,378 US pedestrian deaths
• 69,000 US pedestrian injuries
• 1 US pedestrian death every 2 hours
• 1 US pedestrian injury every 8 minutes
• 75 Massachusetts pedestrian fatalities

Pedestrians are at risk of sustaining injuries any time they are hit by a motor vehicle. These injuries can be especially catastrophic when the driver who strikes the pedestrian was operating under the influence of drugs or alcohol, text messaging while driving, or speeding. In Massachusetts pedestrian accidents involving a negligent driver, the motorist may not even attempt to stop or be able to avoid hitting the victim, which can increase the chances that the injuries will be permanently life altering or fatal.

‘No good news’ for teen in crash, Boston Herald, December 2, 2009

Teenager fights for life after accident, The Daily News Tribune, December 1, 2009
Teen hit by drunk driver, say police, Boston.com, December 1, 2009

Related Web Resources:
National Highway Traffic Safety Administration

Traumatic Brain Injury

Continue reading "Massachusetts Teenager Injured in Waltham Pedestrian Accident In Critical Condition Even After Emergency Brain Surgery" »

A mother and two of her children were transported to Lowell General Hospital after the three of them were struck by a motor vehicle while crossing the street on Sunday. The woman was pushing her kids, ages 2 and 4, in a carriage when the Lowell pedestrian accident happened. The 4-year-old boy was thrown from the carriage and sustained head injuries. The Massachusetts pedestrian accident happened in a Lowell crosswalk.

The driver of the motor vehicle, Chamroeun Theam, was charged with OUI. Theam already has one previous drunk driving conviction on his record.

This is the second Lowell pedestrian accident to happen within a week. A 12-year-old pedestrian got hurt when Michelle P. Medeiros struck him at a highway intersection. The 17-year-old motorist was rushing to a hair appointment

Kelvin Savanhmixay was thrown 20 feet during the Lowell pedestrian accident. The sixth grader sustained neck injuries, head injuries, and suffered internal bleeding. Savanhmixay will likely have to undergo a number of surgeries.

Medeiros was charged with hit-and-run for leaving a Lowell car crash site involving a Massachusetts personal injury. The teenager says she didn’t know she had struck the boy.

Child Pedestrians (NHTSA 2008 Traffic Safety Facts):

• 270 child pedestrian deaths involving kids under age 14.
• 13,000 child pedestrian injuries.

Pedestrian accidents continue to be a major cause of accidental deaths involving kids. While children cannot file injury claims in Massachusetts, a parent or guardian can file an injuries to minor lawsuit on their behalf. Pedestrian injuries can be extremely painful and result in internal bleeding, permanent brain damage, paralysis, disfigurement, and even death.

Mother, children hit by car in Lowell, Boston.com, November 23, 2009

Teen Driver Cited In Lowell Hit-And-Run, WBZ, November 20, 2009

Children, 2008 Traffic Safety Facts, NHTSA (PDF)

Related Web Resources:
National Strategies for Advancing Child Pedestrian Safety, CDC

Pedestrian Safety, Mass.gov

Continue reading "Mother and Two Young Children Injured in Lowell Pedestrian Accident " »

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

An 84-year-old woman sustained serious injured last week when she was struck by an SUV on Boston Street. Laura Camara was in the crosswalk when the Salem pedestrian accident happened.

Police have cited William Conway, the driver of the sport utility vehicle, for negligent operation and failure to yield to a pedestrian. He says that he didn’t see Camara. Conway told police he thought the driver of a landscaping truck that was stopped at the crosswalk was directing him to turn. The truck driver, however, says he was actually signaling Camara to cross the street.

The elderly pedestrian sustained bruises, abrasions, and a head gash during the Massachusetts traffic accident. She was initially transported to Salem Hospital and then later flown to Boston where she was admitted to Beth Israel Deaconess Hospital. Camara's son says her injuries are complicated by the fact that she has a heart condition and is being treated with blood-thinning medication.

The crosswalk where the Salem pedestrian accident occurred is located in an area that has been a common site for traffic crashes. Police records indicate that there have reportedly been 24 traffic crashes close to this intersection since 2004. Seven people reported injuries. In about 12 of these Salem motor vehicle accidents, a driver was attempting to turn left from Aborn onto Boston Street.

Often, on the section of Boston Street that runs from Howley to Aborn, drivers will pass other vehicles or go into another lane so they can turn. There are cars parked on the side of this busy street.

Although Massachusetts motorists are responsible for driving safely, it is up to those charged with designing roadways to make sure that there are no hazards or conditions that can cause pedestrian accidents, truck crashes, car collisions, bicycle crashes, motorcycle accidents, or bus crashes. Getting hit by a car, a motorcycle, a bus, or a large truck can result in serious injuries for the pedestrian.

More than 20 accidents near crossing where woman hit, The Salem News, October 12, 2009

Elderly Woman Hit by Car in Salem, WBZ, October 8, 2009

Related Web Resources:
Walking or rolling, safety rules, Boston.com, October 11, 2009

Focusing on the Senior Pedestrian, Federal Highway Administration

Continue reading "84-Year-Old Woman Injured in Salem Pedestrian Accident on Boston Street" »

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 " »

One month after 15-year-old Alessandra Castner was killed in a Marblehead, Massachusetts pedestrian accident while crossing the street, the investigation into the fatal traffic crash continues. However, the probe has become controversial following allegations by “Allie’s” father, Christopher Castner, that prosecutors are engaged in a coverup.

This week, Castner’s attorney sent Essex District Attorney Jonathan Blodgett a letter accusing authorities of improperly concealing the name of the driver, 18. The note also alleges a conflict of interest based on the claim that Blodget is friends with the motorist’s uncle. Criminal charges have not been filed over the deadly Essex County, Massachusetts pedestrian accident. The DA’s office is denying the accusations.

To date, there is no evidence that the driver was drunk, under the influence of drugs, speeding, texting, or talking on the cell phone. Castner, however, contends that his daughter was walking in a crosswalk when the vehicle struck her and there were no skid marks on the road. Following the deadly Massachusetts pedestrian accident, Alessandra was flown to Boston Medical Center where she was pronounced dead.

Massachusetts Pedestrian Accidents
Although police will investigate your pedestrian accident, it may be to your benefit to make sure that there is someone advocating on your behalf. An experienced Boston pedestrian accident law firm can conduct its own investigation into what happened.

Pedestrians struck by motor vehicles are seldom left unscathed, and in many instances, traumatic brain injuries, spinal cord injuries, internal injuries, and death can result.

Even if the driver didn’t intend to injure you or your loved one, the motorist can be held liable for engaging in distracted driving, speeding, failing to yield, text messaging, talking on the cell phone, drunk driving, failing to stop at a pedestrian crossing, and other negligent acts.

Family calls for driver to be charged in teen's death, The Salem News, September 24, 2009

Victim’s dad claims coverup, Boston Herald, September 24, 2009

Related Web Resources:
Pedestrians, NHTSA

Pedestrian Fatality Facts, 2008, IIHS

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 the last five days, at least two people died and one person was seriously injured in Massachusetts pedestrian accidents.

On Sunday night, 17-year-old Nicholas Bitsis sustained injuries to his head and body when a car struck him in Seekonk. The driver of the motor vehicle, Margaret Whitaker, is 78. Elderly motorists have recently come under fire in the media for the number of Massachusetts motor vehicle crashes they have been involved in. Lawmakers and others have been calling for tougher laws that would require older senior drivers to prove that they are fit enough to continue driving in the state. The cause of the Seekonk pedestrian accident is still under investigation.

In Westford on Friday, a pedestrian was killed after a tractor-trailer struck him on Route 495S. According to preliminary findings, the victim, a 55-year-old Salem man, appears to have gotten out of his vehicle and was standing next to the break-down lane when the tragic Massachusetts large truck accident happened. Police are continuing to investigate the cause of the Westford pedestrian crash.

On Thursday, another pedestrian sustained serious head injuries when he was involved in a Brighton hit-and-run accident. The victim, Freddy Zepeda, was buckling up his one-year-old child in a car seat when a motor vehicle struck him. Zepeda, 35, eventually died from his injuries.

The driver, 48-year-old Boston resident Cathy Bergin-August, has been charged with leaving the scene of an accident causing death and motor vehicle homicide by negligent operation. Bergin-August is accused of refusing to stop until Boston police apprehended her. There was reportedly a bottle of prescription sedatives in her motor vehicle.

Massachusetts motorists must drive carefully to prevent striking pedestrians, who are prone to catastrophic injuries any time they are involved in a traffic accident.

Bergin-August arraigned on motor vehicle homicide charges, Wicked Local, July 20, 2009

Dad in critical condition after being hit by car in Brighton, Wicked Local, July 16, 2009

Salem man killed on highway, The Salem News, July 18, 2009

Related Web Resources:
Pedestrian Safety Program, NHTSA

Walking Info

Continue reading "Four Massachusetts Traffic Accidents Cause Pedestrian Injuries and Deaths " »

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" »

An 88-year-old Canton driver that is accused of striking and killing a child pedestrian is contesting the criminal charges that were filed against her. Ilse Horn allegedly hit Stoughton resident Diya Patel on Saturday on June 13 while the 4-year-old was crossing Route 138 on a scooter with her grandfather and siblings.

Horn was charged with motor vehicle homicide by negligent operation for the Stoughton pedestrian accident, and the state of Massachusetts has revoked her driver’s license. The Registry of Motor Vehicles considers her an “immediate threat.”

Horn has been found responsible for causing five car accidents since 1982. The senior driver was also driving when her husband was killed in a 1992 auto collision.

Charles Gunther Horn died of “massive crushing chest injuries” after Horn’s vehicle “drifted” off Highway 101 in California, striking a sign post and tree branches before flying over Highway 169 and “overturning.” The coroner’s report indicates that Horn fell asleep. No criminal charges were filed against her.

Since her husband’s death, Horn was found at fault for two Newton motor vehicle crashes that occurred within a 3-month period in 2001. In 1995, she was cited for speeding in West Roxbury.

The tragic accident is once more calling attention to state Senator Brian A. Joyce’s efforts to push forward legislation requiring Massachusetts drivers, 85 and older, to pass a comprehensive test every 5 years. There is growing concern that many older drivers may have lost the alertness and quick reflexes needed to prevent a motor vehicle accident from happening.

For older seniors, it can be hard for them to accept that the time may have come for them to surrender their car keys. Not only must they deal with losing some of their independence, but giving up/losing their driving privileges could impact their living situation and their ability to see friends or take part in certain activities.

Regardless, it is important for drivers of all ages to make sure that they are able to safely operate their motor vehicles on Massachusetts roads so that no one gets hurt—otherwise, the motorist could be held liable for personal injury or wrongful death if a tragic traffic accident occurs.

Senior was driver in husband’s fatal crash, Boston Herald, June 26, 2009

Woman, 89, charged in accident that killed girl, 4, Boston.com, June 16, 2009

Related Web Resources:
Why Giving Up the Car Keys Is Such a Loaded Issue, Caring.com

Time for talking is over for old drivers, Boston Herald, June 19, 2009

Senator Joyce talks about his bill to test elderly drivers, Audio.Weei.com, June 15, 2009

Continue reading "Stoughton, Massachusetts Pedestrian Death: 88-Year-Old Driver Contests Charges That She Struck 4-Year-Old On Route 138" »

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" »

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" »

Residents in Brockton are still reeling following Tuesday’s Massachusetts pedestrian accident that killed 3-year-old Christopher Mitchell and seriously injured his mom and two siblings.

The family was crossing North Main Street when they were struck by a black Toyota minivan. As of early this morning, Cindy Mitchell, 28, was reported to be in fair condition at Massachusetts General. Her two other children, 4-year-old Valentino and 6-year-old Angel, were reportedly in good condition.

The Plymouth County District Attorney’s Office says the driver of the minivan, Pierre R. Jeudy is charged with motor vehicle homicide and other charges. The Brockton motorist’s license has been revoked. In the past, Jeudy was cited for minor motor vehicle moving violations, including two citations for failure to stop.

Losing someone you love or watching them suffer as they cope with the losses and injuries they’ve sustained in a Massachusetts traffic accident is hard enough without having to worry about where you’ll get the financial resources to cover medical costs, funeral expenses, recovery costs, lost wages, and other damages. Personal injury recovery or wrongful death compensation can give you the funds you need to help you and your family obtain the services that you need.

While we cannot control the way another motorist drives, there are steps that adults can take to act defensively to prevent Massachusetts pedestrian accidents:

• Cross at pedestrian crossings
• Look in every direction to make sure no cars are approaching
• Make sure you have the right of way
• Stop when you reach a driveway and check that there are no cars coming in or going out
• If you are crossing the street with a child, hold his or her hand.

That said, Massachusetts pedestrian accidents can still happen despite our best efforts to prevent them because another party was negligent.

Brockton area residents mourn for 3-year-old killed in pedestrian accident, Wickedlocal.com, April 2, 2009

Van driver that struck Brockton family charged in fatal accident, Boston Herald, April 1, 2009

3 children, woman struck by van in Brockton, Boston Herald, March 31, 2009

Pedestrian safety, Raising Children Network

Related Web Resources:
National Highway Traffic Safety Administration

Pedestrian and Bicycle Safety, FHWA

Pedestrian Injuries to Young Children

Continue reading "Brockton Pedestrian Accident Kills 3-Year-Old Boy and Seriously Injures His Mom and Two Siblings" »

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" »

Students and workers on Massachusetts Avenue are complaining that the street is a danger zone for pedestrians. Aggressive drivers, multiple buses, motorcyclists weaving through traffic, speeding ambulances, faulty walk signals, and pedestrians talking on cell phones are some of the reasons they cite for why so many pedestrian accidents keep happening on this busy Boston road.

Since the Boston University School of Public Health installed new facilities on Massachusetts Avenue this year, at least six pedestrians have been hit by cars. There have also been a number of near-miss pedestrian accidents.

For example, on August 29, Associate Professor Anita Raj was struck by a motor vehicle as she stepped onto Massachusetts Avenue. She sustained minor bruises in the traffic accident.

According to The Boston Globe, professors, other staffers, and students are calling on Boston police to put in a four-way traffic stop, install traffic cameras, and enforce traffic laws. A few months ago, the Boston Transportation Department posted bigger “Yield to Pedestrian” and “No Turn on Red” signs, as well as signs warning pedestrians to watch out for vehicles that are turning. Boston workers also repainted the street’s crosswalks. New traffic signal controllers allowing pedestrians to cross the street before the green light goes on will also be installed.

Municipal safety officials are supposed to make sure that all streets are safe for motorists and pedestrians—especially on roads where there is plenty of traffic and/or are located around school zones and in residential areas. There are also steps that motorists can take to prevent pedestrian accidents from happening.

Some Steps Drivers Can Take to Avoid Boston Pedestrian Accidents:

• Yield to pedestrians.
• Watch out for pedestrians that appear distracted when crossing the street.
• If there is a car that is stopped in front of you or next to you, consider that there may be a pedestrian crossing the street and you may have to stop also.
• Be on the lookout for pedestrians that may be walking behind your motor vehicle as you are backing up.
• Even if it is your turn to move forward in traffic, look out for pedestrians that may still be in pedestrian zones or elsewhere on the street.

On Mass. Ave., a danger zone for pedestrians, Boston.com, November 23, 2008

Pedestrian Safety, ICBS

Related Web Resources:

Boston Transportation Department

National Highway Traffic Safety Administration

Continue reading "Boston Pedestrian Accidents Frequently Occur on Massachusetts Avenue" »

In Massachusetts, the 59-year old crossing guard who was struck by a car as she helped a 10-year-old across a Dorchester street has died. Marie Conley passed away one week after the October 21 pedestrian accident that took place outside Mathers Elementary School.

The pedestrian accident took place in the morning. According to Boston police, Conley was using her reflective vest and had signaled that traffic should stop when she was hit by a car, driven by senior driver Anis G. Gazeau, as she walked into the crosswalk. Following the accident, Conley was rushed to Boston Medical Center with serious head injuries.

Boston Police are working with the Suffolk District Attorney’s Office to charge motorist Gazeau with motor vehicle homicide by negligent operation. The 86-year-old driver has already been cited for failure to yield to a pedestrian and negligent operation of a motor vehicle. Witnesses say his car drove through the crosswalk at a speed of around 20 mph.

In an interview with the Boston Globe, Gazeau said he was not at fault and did not cause the deadly pedestrian accident. He says he never saw Conley step in front of his car. He also claims that the crossing guard walked backward into his car as she watched the kids on the sidewalk. Investigators tested his car brakes at the October 21 crash scene and found that they were working properly.

Gazeau has a number of driving infractions on his record. He was involved in another pedestrian accident in 2002. Police cited him then for failing to yield.

Conley is a grandmother and the mother of four children who spent eight years working as a school traffic supervisor. She helped young kids cross the street to and from school and, when necessary, stayed at work after her shift was over to keep kids company while they waited for their parents.

Crossing guard struck by car dies, Boston.com, October 30, 2006

Crossing Guard Struck By Car Dies Of Injuries, WBZ, October 29, 2008

Crossing Guard Hit, Injured Outside School, The Boston Channel, October 21, 2008

Related Web Resource:

Adult School Crossing Guard Guidelines, SRTS Guide

Continue reading "Dorchester Crossing Guard Struck by Car in Massachusetts Traffic Accident Dies From Her Injuries" »

In Westfield, a mother and her nine-year-old son died on Halloween Night when they were struck by a car while trick-or-treating. Roberta A. Salois, 47, and Steven X. Smith-Salois were crossing the street when the deadly Massachusetts motor vehicle crash happened on South Maple Street, which is also called Route 202.

Steven was wearing a Batman costume that night. After the accident, he was taken to Baystate Medical Center in Springfield where he was pronounced dead. Roberta was pronounced dead at Noble Hospital.

The driver of the 2005 Toyota that struck Roberta and Steven is 25-year-old Westfield resident Anne R. Schlichtig. She was not injured in the traffic accident, and no charges have been filed against her. Westfield police, however, are continuing to investigate the deadly crash.

According to witnesses that saw the accident scene, the street was littered with candy and Steven’s shoes, which had come off during the pedestrian accident. One neighbor says that traffic was moving rapidly on South Maple Street that Friday night.

According to the National Highway Traffic Safety Administration:

• Out of the 4,654 pedestrian deaths last year, 306 of these fatalities were children, age 14 and under.
• 187 of these kids were boys.
• 18% of the kids belonging to this age range that died in traffic deaths were pedestrians.
• 14,000 of the 70,000 pedestrians that sustained injuries last year were age 14 or younger.
• 8,000 of the kids in this age range who got hurt were boys.
• 80% of children pedestrian deaths occurred at non-intersections.

Driver Kills Mother, Son, Out for Halloween, Boston.com, November 2, 2008

Family, friends in grief after Halloween tragedy, Boston.com, November 2, 2008

Related Web Resources:

2007 Traffic Safety Facts: Children, NHTSA

Pedestrian and Bicycle Information Center

Continue reading "Mother and 9-Year-old Son Die in Massachusetts Motor Vehicle Accident While Trick-or-Treating" »

Out of the 417 Massachusetts traffic deaths in 2007, the National Highway Traffic Safety Administration says that 61 of those fatalities were pedestrians. Nationally in the US, there were 4,654 pedestrian deaths last year, with one pedestrian dying every 13 minutes.

2007’s national total is a 13% decrease from 10 years prior when 5,321 pedestrians died in 1997. 70,000 pedestrians survived traffic accidents with injuries last year.

Other 2007 NHTSA US Pedestrian Facts:

• 73% of pedestrian deaths happened in urban areas.
• 77% of pedestrian fatalities took place at non-intersections.
• Over 70% of the pedestrians that died last year were male.
• 721 elderly pedestrians, ages 70 and over, died in the US last year.
• 8% of pedestrian fatalities were children ages 15 and younger.
• 23% of pedestrian injury victims were also children in this age group.
• 85% of nonoccupant fatalities were pedestrians.
• 13% of nonoccupant fatalities were pedalcyclists.
• The remaining 3% were roller skaters, skateboarders, etc.
• In 49% of traffic accidents resulting in pedestrian deaths, at least one of the parties involved—whether the motorist or the pedestrian—had been drinking.

Under the General Laws of Massachusetts, motorists are supposed to yield the right-of-way to pedestrians crossing the streets in crosswalks, whether or not they are marked or unmarked. Both drivers and pedestrians are expected to exercise caution on the roads to prevent traffic accidents.

Pedestrians are at high risk of getting seriously hurt or dying anytime they are involved in an accident with a car, truck, bus, or motorcycle.

2007 Pedestrian Traffic Safety, NHTSA

Chapter 89: Section 11. Marked crosswalks; yielding right of way to pedestrians; penalty, The General Laws of Massachusetts

Related Web Resources:

Pedestrian Safety, Federal Highway Administration

Pedestrian and Bicycle Information Center, WalkingInfo.org

Continue reading "NHTSA Records 61 Pedestrian Deaths in Massachusetts" »

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" »

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" »

A woman who has been charged in the motor vehicle homicide death of a female pedestrian she accidentally struck outside a car wash in Haverhill, Massachusetts, is now the defendant in a wrongful death lawsuit.

The lawsuit was filed by Roger Young, the husband of Robin Young, who was killed last year on June 16 at Hafner’s carwash, located on the Haverhill/Plaistow line.

Robin was wiping down her sport utility vehicle outside the car wash exit when she was struck by Marie Pigaga in a 2000 Mercedes Benz SLK 230 coupe. The motor vehicle jumped a retaining wall before hitting Robin, whose 12-year-old daughter witnessed the deadly collision from inside the SUV.

Pigaga, 46, says that her brakes malfunctioned. Police, however, after inspecting the Mercedes, say that the brakes did not malfunction.

The Young family is asking for millions of dollars.

Although the car accident occurred in Massachusetts, the civil lawsuit was filed in New Hampshire, where Pigaga and the Young family live.

Pigaga is still battling the criminal charge against her in Massachusetts. If convicted, she could face up to 2 ½ years in jail.

Common Scenarios that Can Lead to Pedestrian Accidents (PEDSAFE) Include:

1. The pedestrian walked or ran into the roadway at an intersection or midblock location and was struck by a vehicle.

2. Pedestrian is struck while crossing a high-speed and/or high-volume arterial street.

3. Pedestrian is struck while crossing a high-speed and/or high-volume arterial street.

4. The pedestrian was struck while crossing the road to/from a mailbox, newspaper box, or ice-cream truck, or while getting into or out of a stopped vehicle.

5. A vehicle struck a pedestrian who was: (1) standing or walking near a disabled vehicle, (2) riding a play vehicle that was not a bicycle (e.g., wagon, sled, tricycle, skates), (3) playing in the road, or (4) working in the road.

6. The pedestrian was standing or walking near the roadway edge, on the sidewalk, in a driveway or alley, or in a parking lot, when struck by a vehicle.

Plaistow woman faces wrongful death lawsuit in fatal crash, Eagletribune.com, March 12, 2008

Definition of Pedestrian Crash Types, PEDSAFE, Walking Info.org

Related Web Resources:

N.H. mother struck, killed at Mass. car wash, Boston.com, June 20, 2007

Wrongful Death, Justia

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 " »

8-Year-old Brittany Noel suffered internal injuries and a fractured skull after being struck by an SUV in the schoolyard at E.G. Lyons Elementary School in Randolph, Massachusetts on Tuesday. She was placed in a medically induced coma at Boston Medical Center last night.

The man driving the 2001 Ford Escape was 86 year-old William Geisler, who was trying to park his car at the school so he could vote. He appears to have lost control of his SUV, which he drove through a grassy area before it hit the second grader.

About 70 students witnessed the accident. Some of them had to jump out of the way to avoid being struck by Geisler's vehicle. A number of the children were reportedly traumatized from watching the motor vehicle accident. Emergency personnel had to pull the SUV off Brittany.

Geisler already has had two citations for speeding. He received one citation in Norwood in 1987 and another citation in 1995 in New Hampshire.

Elderly Drivers
Although elderly drivers are generally less inclined to speed or drive aggressively, their reflexes can slow down. While many elderly drivers are perfectly able to drive their motor vehicles into their 80’s or 90’s, there are senior drivers whose driving abilities start to fail.

Problems That Can Occur to Senior Drivers:

• Hearing problems
• Visual problems
• Drowsiness
• Brain impairment
• Dementia
• The side effects that come from taking prescription medication

Although these side effects are not the fault of the elderly driver who is experiencing them, when any of these problems are the reason that an elderly driver loses control of a car, runs over a pedestrian, or strikes another motor vehicle, he or she may be held liable for personal injury or wrongful death.

If your child was injured in a car accident, a bus accident, a truck crash, or a motorcycle collision. You and your family may be entitled to recover personal injury compensation.

Girl, 8, hit by car at school poll, Boston Herald.com, February 6, 2008

Children scatter as SUV crashes at school, injuring girl, Boston.com, February 6, 2008

Related Web Resources:

Elderly Drivers, Insurance Information Institute

Senior Citizen Driving: Warning Signs and Helping an Unsafe Driver Stop Driving, Helpguide.org

Continue reading "8-Year Old Massachusetts Girl in Medically Induced Coma After Being Struck by Elderly Voter in Car" »

Bert Hirschberg, a 90-year-old Boston grandmother and women’s rights activist, died while crossing Massachusetts Avenue when she was struck by a car.

Hirshberg used a walker to get around. She was crossing the avenue, located close to her apartment, when she was hit by a Toyota. Heavy rains were pouring onto the roads at the time the Boston pedestrian accident occurred.

Hirshberg was transported to Boston Medical Center, where she died the next day. The 90-year-old activist also championed local arts and underprivileged children. Police gave the driver of the Toyota that struck Hirschberg a citation for failing to yield to a pedestrian.

The National Highway Traffic Safety Administration says that of the 4,784 pedestrian deaths that took place in 2006, 966 of the victims were elderly persons, ages 65 and over. Some 6,000 seniors were also injured in pedestrian accidents that year.

One of the reasons that older pedestrians are at high risk of being struck by a motor vehicle is because their reflexes, perception, and eyesight can deteriorate the older they get. Older people also take a long time to recover from any injuries.

Safety Tips for Elderly Pedestrians:

• Cross the street at the corner or crosswalk.
• Continue to watch both sides of the street even when crossing at a crosswalk.
• Watch for oncoming traffic as you cross the street.
• Wear bright clothing that makes it easy for drivers to see you.

Although pedestrians must exercise caution when crossing the street, car drivers, motorcyclists, truckers, and bus drivers are responsible for exercising the proper care when operating their motor vehicles on the roads. It is important for drivers to be on the lookout for any pedestrians—especially at night or during rain or snow storms. When a driver's carelessness or negligent actions, such as drunk driving, speeding, driver inattention, or driver error, leads to the serious injury or death of a pedestrian, the driver can be held liable in a Massachusetts personal injury or wrongful death case.

Activist Bert Hirshberg, 90, killed in tragic accident, Boston Herald, February 5, 2008

Focusing on the Senior Pedestrian, U.S. Department of Transportation

Related Web Resources:

Traffic Safety, NHTSA

Street Smarts for Seniors, Canada Safety Council

Crash Statistics, PEDSAFE

Continue reading "90-Year-Old Boston Woman Dies in Pedestrian Accident While Crossing Massachusetts Avenue" »

11-year-old Dario Rodriguez, a Massachusetts resident, died on Monday because of injuries he sustained in a car accident.

Dario was struck by a car while he and two children were crossing Route 114 at Winthrop Avenue close to Veterans Memorial Stadium in Lawrence. He was rushed to Massachusetts General Hospital where he was treated for serious head injuries and later died.

The car driver, James Gianni, says that the motor vehicle in front of him stopped to allow the children to cross the street. Gianni says he did not have enough time to step on the breaks. To avoid hitting the other vehicle, he swerved into the right lane and hit Dario.

Police in Lawrence are investigating the fatal pedestrian accident. An accident reconstruction team with the Massachusetts State Police has been brought in to examine the evidence.

According to the National Highway Traffic Safety Administration, there were 4,881 traffic-related pedestrian fatalities in 2005. About 1/5 of those deaths were child pedestrians, 5-9 years of age.

The CDC says that children are reportedly at high risk for sustaining pedestrian injuries because:

• Their small size makes them harder for car drivers, bus drivers, and truck drivers to see.
• Many young children don’t fully understand the way traffic signals work.
• Children are not able to correctly judge how fast a motor vehicle is going or how far away a car actually is from the pedestrian lane.
• Children and drivers can mistakenly assume that the other party is going to yield.
• Many kids walk to school.

Safe Kids Worldwide offers a number of suggestions of what children can do to stay safe on the roads:

• Don’t cross the street alone if you are under 10 years of age.
• Don’t play in the street.
• Walk on sidewalks.
• If you have to walk on the street, face oncoming traffic.
• Wear bright or retroreflective clothing so that drivers can see you.

Even if a child and his or her parents take all the necessary precautions to stay safe on the roads, there is no guarantee that a driver will not behave negligently or carelessly and cause a pedestrian accident to take place.

In Massachusetts, minors cannot file a lawsuit against anyone. The parents or guardian of a child injured or killed in a personal injury accident, however, can file a personal injury or wrongful death lawsuit against any negligent parties.

Sixth grader dies from car accident injuries, Eagletribune.com, October 3, 2007

Safety Tips, Safekids.org

Why are Children at Increased Risk?, CDC.gov

Related Web Resources:

Facts About Injuries to Child Pedestrians (PDF)

Continue reading "11-Year Old Massachusetts Pedestrian Dies From Car Accident Injuries" »

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 " »

A 77-year-old Cape Cod man died early this morning in a traffic collision on Lower County Road in Dennis, Massachusetts.

Albert Alissi died at the accident scene after being hit by a 1999 Mercury Sable being driven by Dennisport resident Todd Jenkins, 42. Jenkins then hit a hydrant, which caused a flood and a sinkhole.

Jenkins was treated at Cape Cod Hospital where he was later released.

The National Highway Traffic Safety Administration says that 4,881 pedestrians were killed in traffic collisions in 2005, while 64,000 others were injured.

The Federal Highway Administration says that the chances of dying in a pedestrian accident grow as a person gets older. An elderly person’s hearing and eyesight might become worse, their reflexes may become slower, and they may be unable to walk quickly.

Safety.com offers a number of safety tips for pedestrians, including:

• Walk on sidewalks. If you must walk on a road with no sidewalks, walk facing traffic.
• Cross only at street corners, preferably those with a traffic light, and within marked crosswalks.
• Wear bright-colored or reflective clothing, especially if you have to walk at night.
• Avoid walking in the dark and during bad weather such as snow, rain, ice, or fog.
• Look left, right, and left again before crossing the street, and be on the lookout for turning or backing vehicles.
• Make eye contact with the driver before crossing in front of a vehicle. Stay out of the driver's blind spot.
• Learn the proper use of "Walk/Don't Walk" signals.
• Walk and cross with other pedestrians whenever possible.
• Wear proper and well-maintained footwear.

Injuries in pedestrian accidents can be catastrophic if not fatal. Injuries can include spinal injuries, brain injuries, burn injuries, and broken bones. If you or someone you love has been injured in a pedestrian crash, you should speak to a personal injury attorney immediately to see if the liable party can be held civilly and financially accountable for your recovery costs.

A good personal injury lawyer can also file a wrongful death claim for you if your loved one was a pedestrian killed in a traffic accident.

Pedestrian Crash Facts,
Walkinginfo.org

Focusing on the Senior Pedestrian, Federal Highway Administration

Street Smarts for Senior Pedestrians, Safety.com

Related Web Resource:

Pedestrians: 2005 Traffic Safety Facts, NHTSA

Continue reading "Cape Cod Pedestrian is Killed After Being Struck by Car in Dennis, Massachusetts" »

A motorcycle trooper faces disciplinary action after a video on YouTube, titled "Spectator Hit by Motorcycle" showed that the trooper was partially responsible for a collision that injured a female Boston Marathon spectator.

The initial report findings, written by a police lieutenant, had found the pedestrian, 61-year-old Framingham resident Norma Shulman, at fault for the April 16 injury accident.

The video from WBZ-TV, however, shows Sgt. Dennis M. Bertulli running Shulman down with his motorcycle as he accompanied lead women marathon runners going down Route 135 in Natick.

The first report, written by Lt. William Cederquist, Bertulli’s supervisor, said Shulman had “entered the road” before being struck by the trooper. Shulman, however, had been watching from inside a white line along the curb. A final review now says that both Bertulli and Shulman were at-fault.

There are approximately 2 million pedestrians in Boston. Statistics from 2004 show that 82 pedestrians were killed and 268 others were seriously injured in Massachusetts. Injuries to pedestrians can be very serious if not fatal. They can include broken bones, severe burns, disfigurements, severed limbs, and other serious injuries.

Some Causes for Common Pedestrian Accidents:

• A motor vehicle doesn’t stop at a crosswalk
• A motor vehicle does not stop before turning right on a red light
• A motor vehicle does not see the pedestrian

If you are a pedestrian who suffered injuries on the road because another party behaved negligently, you should speak with a personal injury lawyer right away. Your personal injury lawyer can help you file a recovery claim for your injuries.

Massachusetts Trooper Disciplined in Pedestrian Crash, Officer.com, July 6, 2007

Pedestrian Safety / Walk This Way, Boston Public Health Commission

Pedestrian Safety, Massachusetts.gov

Related Web Resource:

Pedestrian Safety, FHWA Safety

Continue reading "YouTube Video Shows Massachusetts Motorcycle Trooper Struck and Injured 61-Year-Old Female Pedestrian On Patriots Day " »