Boston Injury Lawyer Blog

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.

Our Boston, Massachusetts auto accident law firm has successfully represented many families and injury victims in their auto crash lawsuits. A number of these cases have involved pedestrian victims.

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

Continue reading "Woman Sued for Wrongful Death in Deadly Massachusetts Car Accident" »

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Posted In: Pedestrian Accidents , Wrongful Death

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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.

The people who suffer the most in car crashes, bus accidents, truck collisions, and pedestrian accidents are usually the ones who had nothing to do with causing the accidents. The injuries, deaths, and pain and suffering of the victims and their loved ones cannot be measured. They can, however, speak to a Massachusetts personal injury lawyer to determine whether they are entitled to receive compensation for the harm that was done to them.

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 " »

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Posted In: Bus Accidents , Car Accidents , Pedestrian Accidents , Personal Injury , Truck Accidents , Wrongful Death

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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.

Our Boston, Massachusetts personal injury law firm handles injury accidents involving injuries to minors that were caused by another party’s negligence.

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" »

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Posted In: Injuries to Minors , Pedestrian Accidents

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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" »

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Posted In: Pedestrian Accidents , Wrongful Death

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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.

If your child was injured or killed while crossing the street as a pedestrian or while riding a bicycle in Massachusetts, you should speak to a personal injury lawyer right away.

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" »

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Posted In: Injuries to Minors , Pedestrian Accidents

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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.

Personal injury claims and lawsuits in Massachusetts can be very complicated, which is why you should hire an experienced personal injury attorney to handle your case. Hit-and-run accidents, are by their very nature, very difficult to prove. A good personal injury attorney can investigate the circumstances surrounding your accident, assess your injury and recovery costs, prove that the other party was negligent, and fight for your right to compensation.

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 " »

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Posted In: Car Accidents , Pedestrian Accidents

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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" »

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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 " »

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