Articles Posted in Truck Accidents

A truck driver is receiving thousands in compensation after his employer recently fired him after he refused to violate federal safety regulations in order to make his delivery on time.  The driver was making a delivery from Massachusetts to New Jersey when he became concerned he would not complete the delivery on schedule without breaking safety regulations and putting his safety and the safety of others at risk.  The driver thought he planned a route that would allow him to run on time without breaking regulations, but his employer fired him as a result.  His employer, NFI Interactive Logistics Inc., violated the anti-retaliation clauses of the Surface Transportation Assistance Act, as found by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).  As a punishment, OSHA is demanding the company reinstate the driver, as well as pay him over $276,000 in back wages and damages.

The driver was assigned by NFI to deliver a truckload of Poland Spring bottled water from Northborough, Massachusetts to Jersey City, New Jersey on August 15, 2012.  The trip was prolonged to due severe weather, including thunderstorms, flooding, heavy traffic, and multiple accidents.  With the delay, the driver did not believe that he would be able to make the delivery and still get home without violating the hours of service restrictions included in the U.S. Department of Transportations Federal Motor Carrier Safety Administration regulations.  Specific hours of service rules depend on if the driver is carrying property or passengers, but all rules limit the amount of hours a truck driver can drive consecutively.  When the driver realized that he would be driving longer than he was technically permitted, he arranged to deliver the water to a closer customer facility near Kearny, New Jersey.  NFI opposed that the driver making the delivery Kearny.  It was later arranged that another driver would pick the load up from Kearny and drive it to its final destination in Jersey City.

Both NFI and the customer approved this change.  The driver made the delivery to Kearny and successfully returned to Northborough, MA without violating the hours of service restrictions.  However, the following day, NFI terminated him for “insubordination”.  Afterward, the driver filed a whistleblower complaint with OSHA to which the agency found the driver had a valid complaint.  In a statement made by Kim Stille, OSHA’s New England regional administrator, “The driver found a way to do his job and ensure motor carrier safety. Rather than receiving credit for doing the right thing, he received a link slip. The law is clear: Drivers have the right to raise legitimate safety concerns to their employee—including refusing to violate safety regulations—without fear of termination or other retaliation.”  OSHA is ordering NFI Interactive Logistics respond to a laundry list of remedial actions including: Continue reading

Winter weather cannot be avoided in Boston, and snowy or icy conditions make driving exceedingly hazardous. In total, motor vehicle crashes accounted for 2.3 million injuries and 32,675 fatalities on U.S. roadways in 2014 alone. Considering that more than one-quarter of those accidents were weather-related, it is wise to utilize special care when driving in Boston in winter weather conditions. The best way to avoid weather-related accidents is to avoid driving in adverse weather conditions, such as snow, ice, sleet, and heavy rainfall. Of course, this is not always possible. The U.S. spends more than $2.3 billion on snow and ice removal annually. Despite these efforts, accidents do still happen. Contact a Boston Injury Lawyer Today.

Adverse weather is a contributing factor in nearly 20 percent of fatal highway crashes.  Although some crashes are caused solely by winter weather conditions, driver error or negligence often play a role. Driving too fast for conditions, not leaving enough space between your car and the car in front of you, and distracted driving are typically involved in winter weather crashes. This is good news because it means that many of these Boston accidents are avoidable. However, in order to prevent accidents you have to be aware of other vehicles on the road at all times, not just your own. Even if you utilize safe driving practices, many other drivers do not. Defensive driving is key to preventing accidents all year long, but especially in winter.

Other Factors in Winter Weather-Related Crashes

In addition to slick, slushy, or slippery roads, winter travel can be dangerous for multiple other reasons. These may include:

  • Limited visibility – Falling snow can make it nearly impossible to see the road in front of you, especially at night. Avoid driving at night when possible. Use windshield wipers, leave ample distance between you and other cars, and drive slowly when heavy snowfall limits your visibility.
  • Black ice – When a layer of ice forms on the road but the driver cannot differentiate between ice and asphalt, it is referred to as ‘black ice’. Black ice is not visible to drivers because the black asphalt can be seen through the ice. For this reason, there is typically no warning and hitting a patch may cause you to lose traction and have an accident. Driving over black ice at high speeds puts you at a much greater risk of losing control.
  • Low temperatures – If you have an accident in an unpopulated area, you may be stranded for hours with no heat source. To avoid hypothermia and dehydration in these conditions, keep your car stocked with blankets, extra socks, gloves and hats, bottled water, and flares to signal for help.

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An Enterprise box truck crashed into a home in Whitman, Massachusetts early Wednesday morning, resulting in injuries to two individuals. The driver of the Enterprise rental truck was injured when his vehicle collided with the side of the Whitman home—but following the arrival of law enforcement officials on the scene, the driver of the vehicle became combative and was subsequently tased by responding police officers. The extent and nature of his injuries was not made immediately available.

Police officers have identified the driver of the Enterprise truck as 30 year old David Anderson of East Bridgewater. Initial reports for the accident have indicated that Anderson struck another vehicle from behind with the box truck, which caused the driver of the other vehicle to veer off of the road. Responding officers have stated that the other vehicle in question was a dump truck driven by 24 year old Isis Barbosa of Bridgewater. Barbosa sustained non-life threatening injuries following the accident and was transported to nearby Brockton hospital to receive treatment. An update on Barbosa’s condition has not yet been provided.

Police officers went on to say that the initial accident occurred when Isis Barbosa stopped the dump truck for a school bus ahead of Barbosa on the road, and it was at this time that David Anderson rear-ended the vehicle. The impact of the collision forced Barbosa’s truck off the side of the road where it stayed on the right shoulder of the road. Anderson’s Enterprise truck, however, careened off the road and struck the side of a garage of a home located on nearby Auburn Street. The garage suffered extensive damages as the result of the collision, and officers specified that splintered wood and debris from the roofing shingles littered the ground. The front of the Enterprise truck also suffered heavy damage. There are no further injuries reported for the incident aside from the injuries sustained by David Anderson and Isis Barbosa. Continue reading

A North Carolina man was charged with the death of a woman from Hudson after an accident that took place in May. Following his hearing in Central District Court on Monday however, he was released on personal recognizance. 62 year old Gary Shray from Oriental, North Carolina has described the occurrence that claimed 24 year old Sarah Ewing’s life as a “freak accident”.

The accident took place on May 14th of this year in Worcester’s Kelley Square. Gary Shray, a truck driver, was operating an 18 wheeler vehicle for Ocean Star Transportation (based out of East Hartford, Connecticut) when he pulled over onto the side of Millbury Street in order to let a firetruck pass by him. Once the firetruck had passed him, Shray had attempted to take a right turn onto the Interstate 290 ramp when his vehicle hit the curb and proceeded to knock over a stop sign and a street lamp. Sarah Ewing and a 25 year old male identified as Joseph Meszaro of Oxford, who was a friend of Ms. Ewing, jumped forward in order to avoid being struck by the falling street lamp. It was at this time that Sarah Ewing became wedged in the wheels of Gary Shray’s 18 wheeler truck.  She would later succumb to her injuries, but the extent and severity of these injuries has not been disclosed. Her friend, Joseph Meszaro, suffered injuries to his feet and is still currently in recovery from these wounds.

Gary Shray tested negative for alcohol and drugs upon investigation into the matter. He maintains that it really was an accident, and he expressed remorse and grief about what has happened. “You know, I am truly sorry.” He did not provide any further comments regarding the accident and later requested a court-appointed lawyer for his hearing at Central District Court this past Monday. Continue reading

The Massachusetts Department of Transportation has decided to stop the use of a guardrail-end terminal over concerns that there may be safety issues. The rail-end guardrail pieces, known as the ET-Plus, are made by Trinity Industries of Texas. The manufacturer has already have been the subject of products liability lawsuits by motorists claiming they lost their legs in traffic crashes.

This week, a federal jury ruled that Trinity should pay $175 million in a whistleblower lawsuit that exposed the hazards involved with using the guardrail end caps. It was guardrail installer Josh Harman who accused Trinity of making the ET-Plus unsafe when the company redesigned it.

He sued Trinity under the False Claims Act’s qui tam provisions. As the whistleblower, Harman is entitled to a percentage of what is recovered. Because of statutory mandate, the $175 million figure is expected to triple.

Actor Tracy Morgan has filed a truck accident lawsuit against Wal-Mart. The former 30 Rock star and Saturday Night Live alum almost died in a limo bus-truck crash on the New Jersey Turnpike last month. Now, Morgan is suing the retail giant for negligence.

Morgan’s personal assistant Jeffrey Millea, comedian Ardley Fuqua, and Millea’s spouse Krista are also plaintiffs in this case. Millea and Fuqua were injured in the collision. Comedian James McNair, who was also a passenger on the limo bus but is not one of the plaintiffs, died from his injuries. His family will likely file a wrongful death case.

The catastrophic collision happened when a Wal-Mart truck rear-ended Morgan’s limo bus. Truck driver Kevin Roper is accused of operating the large truck at 20 mph above the speed limit, driving close to his limit time, and not sleeping in the 24 hours leading up to the accident. Under federal rules, truck drivers are allowed to work no more than 14 hours a day and no more than 11 hours behind the wheel.

According to authorities, Kevin Roper, the Wal-Mart truck driver behind the wheel of the big rig that slammed into a limo bus carrying comic Tracy Morgan, another tractor-trailer, two cars, and an SUV hadn’t slept for 24 hours when the fatal multi-vehicle collision on the New Jersey Turnpike happened on Saturday. All of the injury victims from the semi-truck crash were passengers in Morgan’s limo.

The actor was critically injured, sustaining multiple broken bones. His mentor, James McNair was killed. Two other limo passengers, comedian Ardie Fuqua Jr. and Jeffrey Millea, also sustained critical injuries. Comic Harris Stanton was treated at a hospital and later released.

Roper is charged with multiple counts of assault by auto, as well as death by auto. The criminal complaint against the 35-year-old trucker accuses him of committing vehicular homicide without having slept for more than a day. Police say that he failed to observe that the traffic ahead of him was moving slowly. The National Transportation Safety Board will investigate the tragic traffic wreck.

A fiery truck crash involving a bus and a FedEx vehicle has claimed the lives of 10 people in Northern California. According to the CHP, the victims include the drivers of the two vehicles, five students, and three adult chaperones.

There were 19 students on the bus that was struck by the truck, which drove over a grassy median on the interstate to cause the collision. Over 30 people were hurt, sustaining burns, broken bones, head lacerations, broken noses, or other injuries. A number of them were hospitalized, some in serious condition.

The bus-truck crash caused the two vehicles to burst into flames, forcing one victim to be admitted to a hospital burn unit. That patient later died. The bus was one of three charter vehicles that were travelling 12 hours from the LA area to Humboldt State University, where the students were to go to college. The students are from different Los Angeles Unified School District high schools.

According to the National Highway Traffic Safety Administration, there were 374 Massachusetts motor vehicle crash deaths in 2012-alcohol was a factor in 126 of them. These figures are a slight increase 2011 when there were 349 Massachusetts traffic fatalities.

At Altman & Altman, LLP our Boston injury lawyers handle claims and lawsuits by the victims (or families) of those injured or killed in a Massachusetts traffic crashes. We handle cases involving motorcycle accidents, truck collision, bicycle accidents, pedestrian accidents, and other type of motor vehicle collisions.

When a Massachusetts motor vehicle crash happens-there can be long-term ramifications for the victim and their loved ones. A person who is lucky enough to survive an accident may be left with serious injuries that can render him/her unable to hold a job or lead a normal life. Medical bills can mount and the emotional toll may be high not just for the victim but his/her loved ones and friends. Some injuries are so serious that 24-hour professional care may be required for life.

Many Massachusetts traffic accidents could/should have been prevented if only the party had not been negligent. Our Boston personal injury attorneys have gone after negligent drivers, automakers, municipalities that failed to properly maintain a roadway, and others on behalf of our clients and their families.

The Rise in Massachusetts Traffic Deaths Mirrors National Statistics
NHTSA provided not just state statistics but also national ones. 33,561 people died in US traffic incidents in 2012, which is up from the 32,479 deaths from the year before. This is the first time in six years that the number of US traffic fatalities have gone up instead of down.

Also, there were 2,362,000 traffic crash injuries, which is an increase from the 2.2 million victims that were injured in 2012. The number of alcohol-impaired driving deaths also went up by 4.6% from 2011. Fortunately, the number of deadly crashes involving young drivers continued to drop.

NHTSA Data Confirms Traffic Fatalities Increased In 2012, NHTSA, November 14, 2013

2012 Motor Vehicle Crashes: Overview, NHTSA, November 2013 (PDF)

More Blog Posts:
Massachusetts Wrongful Death Settled Reached in 2008 Foxboro Car Crash After Gillette Stadium Concert, Boston Injury Lawyer Blog, November 5, 2013
Halloween is The “Deadliest” Night of the Year for Child Pedestrian Accidents, Boston Injury Lawyer Blog, October 31, 2013
Haverhill Death Highlights Importance of Pedestrian Safety, Boston Car Accident Lawyer Blog, November 20, 2013 Continue reading

The family of Nicholas Grass has reached a wrongful death settlement with the Delta Kappa Epsilon Fraternity over the tragic traffic accident that claimed the life of s Yale University student in 2003. Grass, 19, was one of nine people riding in an SUV after an event hosted by the fraternity when the driver of the sport utility vehicle, also a fraternity member and a Yale student, purportedly fell asleep at the wheel, causing the car to crash into a large truck that had been involved in an earlier collision.

It is believed that the driver, Sean Fenton, was sleep deprived from “hell week,” an annual event that involves the alleged hazing of fraternity pledges. However, lawyers for Delta Kappa Epsilon have argued that the fraternity shouldn’t be held liable because it could not have predicted the “unfortunate events” leading to the deadly collision.

Fenton, 20, also was killed in the truck crash, along with two others. Five other Yale students sustained injuries in the motor vehicle collision.

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