Boston Injury Lawyer Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

National Transportation Safety Board

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A 30-year-old Massachusetts woman was killed on Saturday during a tailgating incident at the Harvard-Yale football game. The truck accident happened as the driver of a U-Haul truck sped up through the area where people were hanging out, striking the victim and two other women a couple of hours before the game started.

More than 55,000 fans turned out to watch “The Game.” At halftime, a moment of silence was observed in honor of the tailgating accident victims. Harvard defeated Yale 45-7 in today's game.

The two women that survived the pedestrian accident were treated at a hospital. While one of them sustained minor injuries, the other was reportedly in critical but stable condition.

According to police, the box truck that hit the three men was transporting several kegs. The truck driver had sped up as he turned into a parking lot close to the Yale Bowl and that was when the traffic accident happened. The vehicle then kept going until it struck another U-Haul.

Some fans complained that traffic enforcement at the game was not very good this year. Following the incident, Yale issued a statement saying that its regulations and policies about tailgating will have to be reevaluated. At last year’s game between Harvard and Yale, which took place in Massachusetts, Harvard had banned kegs, U-haul vehicles, and hard alcohol.

Massachusetts Personal Injury
If you or someone you love was injured in an accident on another party’s premise, you could have grounds for a Massachusetts injury lawsuit. Property owners are supposed to make sure that their premise has no safety hazards that could cause/allow serious injuries or deaths to occur. This includes making sure that parking lots are safe for pedestrians and revelers hanging out there during events so that Boston pedestrian accidents and motor vehicle crashes don't happen.

Mass. woman dies at Harvard-Yale game, Boston Globe, November 19, 2011

Deadly tailgating accident mars Harvard's 45-7 win over Yale, Los Angeles Times/AP, November 19, 2011

More Blog Posts:
Injured last Month in New Bedford Oil Truck Accident, 84-Year-Old Wheelchair-Bound Man Dies from His Injuries, Boston Injury Lawyer Blog, February 25, 2011

Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident, Boston Injury Lawyer Blog, February 15, 2011

Blaze in Saugus Caused by Crashed Gas Tanker, Boston Car Accident Lawyer Blog, July 29, 2011

Continue reading "Massachusetts Woman and Two Others Injured in Pedestrian-Truck Accident at Harvard-Yale Football Game" »

Last month, we reported on our Boston Car Accident Lawyer Blog that 84-year-old Joao Amaral, who is wheelchair-bound, was injured when he was involved in a New Bedford truck accident. Amaral was rushed to Massachusetts General Hospital in serious condition. Now, the news media are reporting that the elderly pedestrian has died from his injuries.

Amaral was on the crosswalk near the curb on Purchase Street when an oil truck owned by Star Oil Co. hit him. The driver of the truck, 74-year-old John Duarte, has been charged with failing to yield to a pedestrian. It is not known at this time whether more charges will be field against the trucker now that Amaral has died.

Elderly seniors are at higher risk of becoming involved in a Boston pedestrian accident than their younger pedestrian counterparts. Old age, injuries, and disabilities may make them slower to cross the street. Prescription meds can also dull their reaction time, while their reflexes may have slowed with age. Also, as the Federal Highway Administration reports, pedestrians in the 65 and over age group are two to eight times at greater risk of dying than younger pedestrians. One reason for this is because older people can have a harder time recovering from serious injuries.

While there are steps that pedestrians can definitely take to avoid becoming involved in a Massachusetts traffic crash, motorists must exercise the proper care and attention when driving so that they don’t accidentally strike anyone. Usually, it will be the pedestrian who suffers the more serious injuries.

Wheelchair-bound man, struck by oil truck, dies, South Coast Today, February 24, 2011

Wheelchair-bound Man Struck by Oil Truck in New Bedford, Boston Car Accident Lawyer Blog, January 13, 2011

Related Web Resource:
FMCSA

More Blog Posts:
Massachusetts Woman Dies in Tractor-Trailer Accident, Boston Car Accident Lawyer Blog, April 14, 2010

Medford Car Crash Kills Dracut Man, Police Investigating Accident, Boston Car Accident Lawyer Blog, December 20, 2010

Continue reading "Injured last Month in New Bedford Oil Truck Accident, 84-Year-Old Wheelchair-Bound Man Dies from His Injuries" »

A Framingham woman claims Massachusetts police Sgt. Dennis Bertulli was negligent when he struck her with his motorcycle and drove off during the 2007 Boston Marathon. Norma Shulman, an avid marathon watcher, is now suing state police over the alleged assault and battery and the violation of her civil rights. Her Boston personal injury trial is currently underway in Middlesex Superior Court.

Shulman, now 65, claims that on April 16, 2007, she was standing behind the white line on Rte. 135—the same spot where she has watched the Boston Marathon for 26 years—when she was struck by Bertulli’s motorcycle. The impact of the Boston motorcycle accident knocked her backward and she sustained a bruise to her chest. Shulman says because she didn’t want to make a scene, she didn’t’ seek emergency medical help and instead drove herself to the ER several hours later. She says that not only did she experience physical pain for 6-7 weeks, but also that she continues to suffer from sleep problems while feeling powerless.

Shulman’s Boston lawyer claims that not only did Bertulli strike Shulman and then drive off, but also, another officer Lt. William Cederquist coerced a key witness to change his account of what happened. The incident was captured on video by WBZ-TV and posted on YouTube.

WBZ videographer Jim Haynes, who saw the Boston pedestrian accident, had initially called the incident “vicious” and intentional but later changed his mind after speaking with the lieutenant. Shulman’s legal team also contends that the authorities submitted an “improper” official report over what happened. No charges were ever filed.

Although police had told Shulman to file a claim under a state law provision that covers claims against the state and its employees, they refused to cover her approximately $1,000 in medical expenses.

If you were involved in or caused a Boston traffic crash, you must stop at the scene to check on the others involved, get help when necessary, and exchange contact information. An experienced Boston injury law firm can help you obtain your financial recovery.

Also, if you believe that you law enforcement officials caused you injury because of their negligence, you may have grounds for a Boston injury case or a civil rights violation complaint.

Marathon Lawsuit: Woman recalls motorcycle impact, aftermath, The Metrowest Daily News, February 15, 2011

YouTube Video Shows Massachusetts Motorcycle Trooper Struck and Injured 61-Year-Old Female Pedestrian On Patriots Day, Boston Injury Lawyer Blog, July 10, 2007

Related Web Resources:
Boston Marathon Course Guides

Massachusetts State Police

More Blog Posts:
Massachusetts Student’s Family to File $120M Wrongful Death Lawsuit Over Fatal Police Shooting, Boston Injury Lawyer Blog, January 17, 2011

Massachusetts Man Files Lawsuit Alleging Springfield Police Brutality, Boston Injury Lawyer Blog, January 3, 2011

The National Transportation Safety Board says that Massachusetts ranks among the worst states when it comes to adopting federal drunk driving recommendations because it has only put into effect just 4 of the agency’s 11 recommendations for keeping repeat drunk drivers off the streets. This news raises the question, is the state doing enough to get drunk drivers off the road so that the number of Massachusetts car accidents that happen each year goes down?

Our Boston injury lawyers talk to families on a regular basis that have suffered inconsolable losses because a drunk driver got in a car and fatally struck a loved one. Adopting tougher measures to prevent drunk driving can only save lives.

Among the NTSB’s recommendations:
• The adoption of a dedicated drunk driving court
• Ignition interlock devices on first time offenders
• Not allowing an offender’s record to be scrubbed just because he/she underwent treatment
• Impounding a drunk driver’s vehicle
• Confiscation of license plates
• Long-term alcohol treatment
• Unannounced alcohol testing for drunk driver offenders

Drunk driving blurs the vision, slows reflexes, delays reaction time, and creates an altered state of reality that can make it impossible for a motorist to stay in control of his/her vehicle. Our Boston injury law firm knows how to pursue financial recovery against a drunk driver. Although nothing can be done to bring back a loved one that was killed or restore you or your life to the way it was before the collision that caused your catastrophic injuries, you still may have grounds for a civil case.

Feds: Mass. doing poor job vs. drunken driving, Boston Herald, February 10, 2011

Massachusetts faulted in fight against drunken driving, Gazettenet.com/AP, November 17, 2010

Related Web Resources:
National Transportation Safety Board

Massachusetts Laws About Drunk Driving

Related Blog Posts:
Alleged Drunk Driver Involved in Fatal Andover Car Crash Does Not Remember Striking Haverhill Pedestrian, Say Police, Boston Injury Lawyer Blog, December 14, 2010

Lynn Man Sustains Serious Injuries in Salem Car Crash Involving Alleged Drunken Driver, Boston Injury Lawyer Blog, August 30, 2010

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

25-year-old Dorzell Porter sustained serious injuries on Sunday when he was involved in a Framingham pedestrian accident. He was walking on Rte. 9 when he was struck by a Honda Civic. The driver of the vehicle is a Milford woman. Massachusetts State Police and Framingham Police are investigating the cause of the Middlesex County, MA injury accident.

Police are also investigating another Massachusetts pedestrian accident that occurred on Sunday. Killed in this traffic crash was Wareham teenager Kourtney Viera. A minivan fatally struck the 18-year-old while she was in the right travel lane of Interstate 195 East near Marion.

Viera had gotten out of her car after it ran out of gas. It appears that she may have slipped and fallen on the icy road prior to getting hit by the vehicle.

Viera was pronounced dead at a local hospital. The driver of the minivan has not been charged.

Our Boston pedestrian accident lawyers know how serious injuries from this type of crash can be. We also are aware that dealing with a legal case is likely not what you want to be focusing on as you recover or cope with the loss of your loved ones. That said, the sooner you explore your legal options, the better for you and your Boston injury case.

Traumatic brain injury, spinal cord injury, broken bones, head injuries, severed limbs, neck injuries, and massive internal injuries are some of the serious that can result during a pedestrian accident. The costs from recovering from or living with such injuries can be astronomical. Obtaining Boston pedestrian accident recovery from all liable parties can help with these expenses.

Rte. 9 accident victim in critical condition, WickedLocal, January 18, 2011

Tragic accident takes life of teen, WPRI, January 17, 2011

Related Web Resources:
Massachusetts Department of Transportation

Pedestrian Safety Program, NHTSA

Police have identified the woman who was fatally struck in an Andover pedestrian accident on Sunday as Cynthia Anne Ray. The 30-year-old woman was walking to the state police barracks on Route 125 when the catastrophic incident happened.

At the time of the Andover, Massachusetts car accident, Ray was going to pick up an accident report because her husband had involved in a separate collision earlier that day. The driver of the Chevy pickup that struck Ray, 50-year-old Robert V. Bryant, is accused of leaving the crash site. Troopers apprehended him some 150 yards away from the scene. Bryant reportedly failed three sobriety tests, stumbled as he was getting out of the car, and refused to take a chemical breath test. He allegedly has admitted to drinking a few beers.

At his arraignment in Lawrence District Court today, Bryant pleaded not guilty to a number of criminal charges, including motor vehicle homicide, negligent operation of a motor vehicle, operating under the influence of liquor, and leaving the scene of a crash that caused personal injury. He allegedly told police that he does not remember striking Ray.

Drunk Driving
According to a report released last week by the Substance Abuse and Mental Health Services Administration, about 30 million Americans drive drunk each year. Another 10 million motorists drive while under the influence of drugs. Thousands are killed each year because someone was driving while drunk and/or drugged.

The US Department of Transportation says that 10,839 people died in US drunk driving crashes in 2009—a slight decrease from the 11, 711 drunk driving deaths in 2008.

As our Boston injury lawyers have said in past blog posts, driving while drunk can be deadly. Not only do the victim and his/her family and friends suffer, but also, in many cases, a drunk driver will have irrevocably altered his/her life. In addition to possible jail time and a criminal record, a negligent driver can also be held liable in civil court by family members wishing to recover Massachusetts wrongful death damages.

Bradford woman hit, killed near state police barracks, Boston Herald, December 13, 2010

Accused drunk driver did not recall crash that killed Haverhill woman, prosecutor says, Boston.com, December 13, 2010

Police ID Bradford Woman Killed in Andover, Eagle-Tribune, December 13, 2010

40 Million in U.S. Driving Drunk or Drugged, US News, December 9, 2010

Related Web Resources:
The Substance Abuse and Mental Health Services Administration

Alcohol-Impaired Driving, NHTSA (PDF)

Happy Halloween! With more children than normal likely to be wandering through the residential streets of Boston after dark tonight, there are steps that motorists can take to avoid striking a young ghoul or witch walking on the road, including:

• Don’t pass stopped vehicles. There may be a young trick or treater getting out of the car or crossing the street.
• Don’t talk on the cell phone or text while driving.
• Drive slowly.
• Look out for kids that might suddenly run into the middle of the road in an attempt to cross it.
• Remember that not all young children know the rules of the road. Yield the right of way to young kids.
• Don’t drive drunk.
• Obey traffic laws.

If your child was injured in a Boston pedestrian accident while trick or treating, you may have grounds for a Boston injury case.

Steps that parents can take to help their kids avoid becoming involved in a Boston traffic crash:

• Teach them how to safely cross the street.
• Supervise them while they trick or treat.
• Choose costumes that are bright enough for motorists to see at night. You can also give your kids a flashlight or place reflective tape on their costumes.

According to the Centers for Disease Control and Prevention, kids have a four times greater chance of getting struck by a car on Halloween than during the rest of the year. Meantime, the National Highway Traffic Safety Administration says that Halloween is one of the three days of the year when pedestrian injuries and deaths are at highest risk of occurring.

There may be more than one party who should be held liable for your child’s Boston injuries to a minor case. It is important that you start exploring your legal options as soon as possible.

Recovering from a Boston pedestrian injury can be tough—especially for young kids. In addition to the actual injury and the resulting physical pain, there also may be emotional trauma sustained as a result of getting hit by a motor vehicle. Medical and recovery expenses can take their toll on the family.

Halloween Driving Safety Tips, Progressive.com

Keeping Kids Safe on Halloween, Minnesota Safety Council (PDF)

Keep Your Pirate, Ghoul, or Ghost Safe on Halloween, Kingstowne.Patch.com

Related Web Resources:
Pedestrian Safety, SafeKids

Educating Child Pedestrians, WalkingInfo

Continue reading "Trick or Treat: Prevent Boston Injury Accidents by Exercising Extra Caution When on the Road this Halloween" »