Articles Posted in Truck Accidents

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.

According to the AAA Foundation for Traffic Safety, sending and reading text messages with a hands-free devices or talking on a cell phone without using your hands while driving are no less distracting than doing these activities manually. The AAA’s study comes as voice-activated technologies that let people talk, text, and Facebook while driving continue to grow in popularity. This is the most comprehensive study of its kind to date. In Massachusetts, please contact our Boston injury lawyers if you believe that your car crash injuries or a loved one’s death was caused by a negligent driver.

Per the study, which sought to gauge how mental or cognitive distraction affect driving, even these hands-free devices don’t take away the mental distraction that can arise from engaging in so many other activities while operating a motor vehicle. As the mind becomes more distracted, the brain’s reaction capabilities slow down, as does its ability to detect vital cues on the road, including pedestrians and stop signs.

These findings are important for hands-free device manufacturers and also makers to know so that they can make sure that consumers don’t end up thinking that these types of products make it safer to text and talk while driving. AAA CEO Robert Darbelnet even called the surge in hands-free technology a “public safety crisis” just waiting to happen.

At Altman & Altman, LLP, our Boston personal injury lawyers also represent the families of kids injured in non-traffic related Massachusetts car accidents that were caused by another negligent party, including incidents involving:

Backover Accidents

This type of car accident often occurs when a vehicle is backing out of a parking space or driveway. The motorist may not realize that a child is behind the car. According to KidsandCars.org, about 50 kids are involved in US backover incidents every week, resulting in about 48 injuries to minors and two deaths. Boston backover accidents are more likely to occur when there is a larger size vehicle involved, such as an SUV, van, or truck. The bigger size can make rear visibility harder for the driver.

A Framingham construction worker was seriously injured when a truck weighing close to 140,000 pounds slid backwards, rolling over and crushing the legs of a worker with its tires. The Andover, MA construction accident took place in the Shawsheen River area off Lupine Road.

At the time of the Massachusetts tractor-trailer accident, the worker was attempting to attach an equipment trailer to the large vehicle. He was pinned between two of the back tires on the left side of the truck. The worker sustained serious crushing injuries to his lower extremities.

Rescuers that arrived at the Andover construction accident scene needed approximately 25 minutes to get him out from under the large truck. OSHA, Massachusetts State Police, and Andover police are all investigating the incident.

The family of lobbyist James “Jimmy” W. Holway has settled its Cambridge truck accident lawsuit over his 2006 Massachusetts wrongful death. Holway was killed on September 11, 2006 after a construction vehicle that didn’t have working rear brakes in West Yarmouth hit his car.

According to the Holway family’s Cambridge motor vehicle crash lawyers, not only did the truck owner insist that the 26,000 vehicle continue to be used to deliver materials despite its advanced age of 18 years, but also the truck’s rear brakes and a number of warnings and instruments, including a disconnected odometer, were not working.

The 63-year-old lobbyist had been leaving a restaurant parking lot on Route 28 and crossing the roadway in his car to head home when the construction truck went over a solid double yellow line to strike his car. Investigators confirmed that only the front brakes of the truck were in operation at the time.

Although no criminal charges are going to be filed against trucker Dana E.A. McCoomb, the family of bicyclist Alexander Motsenigos has gone ahead and filed a Wellesley, MA truck accident lawsuit over his wrongful death. Motsenigos, 41, he leaves behind a wife and young son, 6.

He was killed last August when his bicycle struck by the 18-wheeler truck driven by McCoomb, 51. The impact of the Wellesley tractor-trailer crash caused Motsenigos to be pulled under the large vehicle. Police say that McCoomb proceeded to leave the Massachusetts traffic crash site.

Attempts by police and the Norfolk district attorney’s office to charge McCoomb with the unsafe overtaking of a cyclist, motor vehicle homicide involving negligent operation, and not taking the proper steps to make sure that other travelers remained safe failed. Now, however, a grand jury is refusing issue an indictment on any of these charges.

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