Boston Injury Lawyer Blog

Authorities have identified Phyo N. Kyaw as the victim of a Cambridge, Massachusetts truck accident that occurred Tuesday night on the corner of Vassar Street and Massachusetts Avenue.

The 23-year-old, who was originally from Myanmar, graduated from MIT last year. He was pronounced dead after he was transported to Massachusetts General Hospital.

According to Cambridge police, there have been 27 traffic crashes at the intersection of Massachusetts Avenue and Vassar Street since the beginning of 2010. If there is a road condition or the intersection as poorly designed so that there really is a higher risk of a motor vehicle crash happening there, then Kyaw’s family may have grounds for a Cambridge personal injury lawsuit.

Meantime, state police are trying to determine whether charges should be filed in Kyaw’s death. If the trucker acted negligently in any way to cause the Cambridge bicycle accident, he/she could be held liable. If the truck driver was working for an employer at the time of the collision, then there also may be a case filed against that company.

After a Massachusetts semi-truck crash, it is not uncommon for the trucking company’s insurer to attempt to immediately negotiate a settlement with the victim. It is a good idea that you not reach any type of agreement until you’ve explored your legal options first. You also may not know the extent of your injuries until after you’ve had a doctor examine you.

MIT graduate is identified as victim in bicycle-truck collision, Boston.com, December 28, 2011

Cyclist killed in Cambridge accident ID’d, Boston Herald, December 29, 2011

More Blog Posts:
Multiple Vehicle Accident Involving Dump Truck Leaves Several Injured in Uxbridge, Boston Car Accident Lawyer Blog, April 21, 2011

20-Year-Old Bicyclist Victim of Hit-and-Run in Attleboro, Boston Car Accident Lawyer Blog, July 18 2011

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

Continue reading "Cambridge, Massachusetts Tractor-Trailer Crash Causes Bicyclist’s Death" »

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" »

A city worker died this morning after the bucket truck he was working in was hit by an 18-wheeler truck. The impact of the Quincy truck crash caused Robert DeCristofaro to fall out of the bucket and into the road.

The 58-year-old Braintree man was taken to Boston Medical Center where he was pronounced dead. Police are trying to figure out which truck driver caused the Quincy tractor-trailer accident. Meantime, OSHA is also looking into the crash.

Massachusetts Workers’ Compensation
City workers and their families are entitled to Massachusetts workers’ compensation benefits in the event of injury or death on the job. It is important that you file your Quincy work injury claim right away. It is also a good idea to consult with a Boston workers’ compensation law firm about your case. You want to make sure you receive all of the benefits that you are owed.

Although it would be nice to think that this is what automatically happens, this isn’t always the case. An employer’s insurer may choose to reduce, delay, or deny your benefits. Considering that employees and their families generally cannot sue the employer for Quincy personal injury, this can take a financial toll on the victim and loved ones, who may have to contend with lost wages, medical benefits, and other expenses.

Your Quincy workers’ compensation lawyer can protect your right to receive everything that you are owed.

Third Party Lawsuits
Obtaining work injury benefits from your employer doesn’t stop you from filing a third party lawsuit and vice versa. Although you cannot sue your employer, there may be third parties that are not your employer who can and should be sued. For example, right now, the facts of what happened in the Quincy work accident that killed DeCristofaro are not clear at this time. However, if it was the driver of the semi-truck that struck the bucket truck he was on, then the Braintree man’s family may have grounds for pursuing a Quincy wrongful death case against the trucker and his/her employer.

Quincy worker thrown from bucket after crash dies, Boston Herald, October 18, 2011

Massachusetts Workers' Compensation, The Commonwealth of Massachusetts

Related Web Resources:
Labor and Workforce Development, Mass.gov

Occupational Safety and Health Administration, US Department of Labor

More Blog Posts:
Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber, Massachusetts Workers' Compensation Lawyer Blog, October 5, 2011

$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater, Boston Injury Lawyer Blog, October 6, 2011

Boston Hospital Gives Full Face Transplant to Man Burned in Construction Accident, Boston Injury Lawyer Blog, May 9, 2011

Continue reading "Quincy 18-Wheeler Truck Crash Kills Worker Who is Thrown from Bucket" »

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

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

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

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

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

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

Related Web Resources:
Massachusetts General Laws

The Price Center

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

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

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

According to the Insurance Institute for Highway Safety, the federal government needs to mandate that stronger rear guards be used on tractor-trailers and other big rig trucks. The underride guards are supposed to prevent smaller vehicles that rear-end large trucks from ending up under the larger vehicle. Unfortunately, the current rear guards do not appear to be doing enough to stop truck underride crashes from happening.

Our Boston injury lawyers are familiar with the damage and catastrophic injuries that can result when a smaller auto ends up under a semi-truck or another type of big rig truck. We welcome any efforts to make and install sturdier rear guards that can stop a smaller vehicle from sliding under a truck. We also represent clients with Massachusetts products liability cases against the makers of defective truck parts.

The IIHS came to the conclusion that the current underride guards in use aren’t tough enough when they failed during low speed crash tests. Also. analysis of about 1,000 real-world collisions between 2001 and 2003 (from the Large Truck Crash causation study) showed that of the 115 rear-end truck crashes involving a passenger vehicle hitting a big rig's back, underride collisions were a common outcome.

A vehicle’s occupant compartment that is involved in an underride truck crash usually ends up getting crushed, which often proves catastrophic for those inside. Serious upper body injuries, such as decapitation, spinal cord injury, or organ damage can be sustained if the victims are lucky enough to survive. Also, In 23 of the 28 incidents involving a passenger vehicle occupant dying, usually there was some underride damage, meaning that at least the entire front end of the auto ended up underneath the truck.

More Truck Underride Facts:
• The NHTSA says approximately 423 people a year are killed over 5,000 others are injured in collisions involving passenger autos rear-ending large trucks.
• In 2009, 70% of the 3,163 truck crash victims that died were the occupants of passenger vehicles.

Our Boston truck accident law firm represents victims and their families throughout the state.

Underride guards on big rigs often fail in crashes; Institute petitions government for new standard, Insurance Institute for Highway Safety, March 1, 2011

Underride Crashes, IIHS Status Report (PDF)

Related Web Resources:
Underride Network

The Large Truck Causation Study

More Blog Posts:
Tractor-Trailer Crash Causes Evacuation of Palmer Residents, Boston Car Accident Lawyer Blog, November 29, 2010

Three Teenagers injured When SUV Collides with Tractor-Trailer, Boston Car Accident Lawyer Blog, September 10, 2010

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

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" »

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

This week, the National Transportation Safety Board held a hearing to determine what needs to be done to prevent tanker trucks that carry hazardous materials from rolling over. The meeting comes nine months after a tanker rollover accident on I-465 last October that caused a massive fireball, destroyed a bridge column, and injured four people, including the tanker driver. The truck was hauling almost 12,000 gallons of liquefied petroleum.

Because cargo tanker trucks are designed with high gravity centers, they have a higher rollover risk than other vehicles. This can prove catastrophic—especially when the truck is transporting hazardous materials.

Consider that 31% of fatal commercial truck rollovers involve tanker trucks. Currently, however, the federal government does not require that manufacturers build trucks with lower gravity centers.

Our Boston tanker truck accident lawyers believe that anything that can be done to prevent such dangerous traffic crashes from happening is a positive step toward saving lives. It is important that Massachusetts truck crash victims realize that they have legal options that can allow them to receive compensation from negligent parties.

According to the NTSB, driver error is responsible for 78% of cargo truck accidents. The safety board is trying to determine whether electronic stability systems, like those required in newer cars, would prevent tanker truck rollovers. Sensors could let a truck’s onboard computer know when the weight is about to change and the brakes would automatically activate until balance was be restored. This could be especially helpful when trucks are driving too fast as they make their way around a curve or are entering or exiting a highway ramp. Approximately 1,260 cargo tanker rollovers occur each year.

It was just last month that the federal government lifted Boston’s temporary ban on hazmat trucks. They can now travel through the city’s North End. While the route should get the trucks through the city faster, some residents are concerned that such hazardous loads are making their way through the area. The city and state are hoping to get a permanent ban in place.

NTSB probes rollovers by hazmat tanker trucks, AP, August 3, 2010

Cause of tanker blast that shut I-465 studied, IndyStar, August 5, 2010

Hazmat Trucks Allowed Again In Boston's North End, WBZ, July 1, 2010

Related Web Resources:
National Transportation Safety Board

National Highway Traffic Safety Administration

Continue reading "Boston Tanker Truck Accidents Can Cause Serious Injuries" »