Boston Injury Attorney Blog

A New Bedford, Massachusetts driver struck and killed a pedestrian this Memorial Day weekend, on I-195. The victim was a 40-year-old woman from Fall River, Massachusetts. She was struck in the right travel lane of the highway and pronounced dead at the scene by Boston paramedics. The fatal accident occurred east of Exit 2 on the eastbound side of the highway.

Massachusetts State Police reported that troopers received a call just after 3AM reporting that a pedestrian had been struck. Shortly after the accident, the driver himself called police to report the accident. So far, no arrests have been made and no charges have been filed in connection with the accident. However, Massachusetts State Police, with the assistance of the State Police Collision and Reconstruction Section and the State Police Crime Scene Services Section, are still investigating the accident. State police investigators assigned to the Bristol District Attorney's Office are also assisting with the investigation.

According to the latest study conducted by the Massachusetts Executive Office of Public Safety and Security (EOPSS), in 2008, approximately 21% of all motor-vehicle related fatalities in Massachusetts involved pedestrians. In that year alone, there were 233 serious/incapacitating injuries to pedestrians caused by motor vehicles. Most pedestrian accidents are the result of a driver's negligence and unwillingness to practice safe driving. If a driver's negligence was the cause of a pedestrian accident, he will be held liable.

Continue reading "Fall River Woman Killed in Pedestrian Accident" »

A pedestrian accident occurred in Boston, Massachusetts last week when an unmanned runaway car rolled down Mount Vernon Street in Boston's Back Bay, striking a pedestrian and another vehicle. The pedestrian accident occurred at the intersection of Charles Street, injuring a woman walking on Beacon Hill. According to witnesses, the car was double-parked high up the hill on Mount Vernon Street, when it began to roll backwards, hitting another vehicle and a 45-year-old Boston woman before crashing into a street lamp.

Fortunately, the pedestrian was awake and responsive when Boston rescue workers pulled the woman to safety. She was taken to Massachusetts General Hospital for further treatment. Boston police have reported that the car was left in neutral gear, but the vehicle's owner insists that the emergency break was on. Investigations are underway, but no officials charges have been filed.

Although the particular circumstances of this situation rarely occur, pedestrian accidents are not an uncommon occurrence in Massachusetts. Most times, a driver's negligence is the direct cause of the accident. When a driver's negligence leads to a collision with a pedestrian or another vehicle, he is held liable for the accident. Drivers have the responsibility to operate their vehicles safely and to properly yield to pedestrians to avoid motor vehicle accidents.

Continue reading "Boston Runaway Car Hits and Drags Pedestrian " »

Last March, a Salem, Massachusetts man was killed in Boston after his vehicle collided with hand railings in the city's "Big Dig" tunnel system. On May 11, the man's widow filed a wrongful death suit in Suffolk Superior Court against the railings' contractors. Sadly, there have been eight other motorists killed after striking the dangerous rails in the Big Dig on nearly the same stretch of road. Massachusetts safety specialists have publicly criticized the railings' design, claiming that the posts have sharp edges and wide spaces, which could entangle ejected motorists and cause serious injuries or traffic fatalities.

Massachusetts transportation officials promised last April that thousands of feet of the railings would be removed and a chain-link fence would be constructed to better protect motorists. The railing system cannot be removed entirely, however, as it serves to keep Big Dig workers from falling into traffic. Adam Hurtubise, Massachusetts Department of Transportation spokesman, told the Boston Globe that state and city officials have agreed on which railings to remove, but must gain federal approval before any action can be taken

The railings can be especially dangerous for motorcyclists, who do not have the same outward protection from impact as traditional vehicles. Unfortunately, a Massachusetts State Trooper was killed last year when his motorcycle crashed into the dangerous hand rails. His estate was awarded $9 million in a wrongful death settlement with the state and Big Dig contractors.

The particular hazards these railings pose to motorists. Particular caution should be practiced when driving through this stretch of the Big Dig. It is hard to imagine federal officials not approving the plans of the Massachusetts DOT to make the stretch of road safer.

Continue reading "Suit Filed in Massachusetts Over Motorist Fatality Caused by "Big Dig" Railings" »

Reports of motorcycle crashes causing personal injury and death in Massachusetts have been almost a daily occurrence since late last month. The first motorcycle accident fatality of the spring occurred on April 29, when a Haverhill, Massachusetts man was killed in a single-motorcycle crash on Kingsbury Ave. in Haverhill. On May 2, a Milford, Massachusetts man was fatally injured in a motorcycle crash on I-290 East in Shrewsbury, Massachusetts. According to the Boston Herald, the 48-year-old died after a motor vehicle crash into with a sign on the highway median near exit 23A. On May 3, a woman died in Roxbury, Massachusetts, when her scooter crashed at the intersection of Blue Hill Ave. and Dudley St.

The most recent motorcycle accident, reported on May 5, involved a 42-year-old Middleboro, Massachusetts biker, who crashed into another vehicle in Middleboro, Massachusetts, and fled the scene of the traffic accident. The operator of the motorcycle, Richard Hasomeris, was involved in the accident on I-495, near exit 4 in Middleboro. He was treated for minor injuries at Morton Hospital in Taunton, Massachusetts hospital and being charged with driving while intoxicated (DWI), leaving the scene of an accident, and negligent operation of a motor vehicle. He has been summonsed to appear in Middleboro District Court.

According to a study by the National Highway Traffic Safety Association (NHTSA), there were 54 fatal motorcycle accidents in Massachusetts in 2009. Only 25 percent of all motorcycle accidents were single-motorcycle crashes. Instead, most involved other motor vehicles. Motorcyclists have the same legal rights as other vehicles on the road. Motorcyclists also have a duty to abide by traffic laws and driving regulations.

According to the NHTSA, motorcycle helmets saved 1,829 motorcyclists' lives in 2008. Thus, if you ride a motorcycle, be sure to always wear a helmet and protective clothing to minimize your risk of personal injury or death. Other drivers are often negligent and not respectful of motorcyclists on the road. Drivers and bikers should always practice safe driving and share the road accordingly, because both are treated as vehicles bound by the same laws.

Continue reading "Series of Motorcycle Accidents in Massachusetts Continue to Cause Personal Injury and Death" »

As the mercury begins to rise in Massachusetts, so should the safety concerns of motorcyclists and drivers they share the roads with. May is "Motorcycle Safety Awareness Month," and as more bikers hit the busy streets of Boston and nearby cities and towns, it is important to remember safety rules and regulations to minimize risks of personal injury and/or death. Motorcycles are vehicles under the law and must abide by the same traffic rules and driving standards as their four-wheeled counterparts. Bikers also enjoy the same privileges as other motor vehicles and all drivers should be respectful and aware of their presence on the road.

According to the National Highway Traffic Safety Administration (NHTSA), there were 54 motorcycle accident fatalities in Massachusetts in 2009. Moreover, there has been an increasing number of injuries and deaths attributable to motorcycle accidents for more than a decade. According to the NHTSA, motorcycle crash-related fatalities have been increasing since 1997 and injuries have been increasing since 1999. While motorcycles themselves have historically been viewed as dangerous modes of travel, statistics reveal that motorcycle crashes often involve other motor vehicles. The NHTSA notes that nearly 50 percent of all motorcycles involved in fatal crashes collided with other types of motor vehicles in transport.

Many drivers fail to account for the unique conditions and challenges motorcyclists face on the road. In an effort to increase safety awareness, the NHTSA drafted model "Share the Road" language for local, state, and national motorist awareness programs. Some points are:

1. A motorcycle has the same rights and privileges as any other vehicle on the roadway.
2. Allow the motorcyclist a full lane width. Do not share the lane.
3. A motorcycle has a much smaller profile than a vehicle, which can make it more difficult to judge the speed and distance of an approaching motorcycle.
4. Always signal your intentions before changing lanes or merging with traffic to allow motorcyclists to anticipate traffic flow and find a safe lane position.
5. Remember that a motorcyclist can be hidden in a vehicle's blind spot or missed in a quick look due to its smaller size.
6. Remember that road conditions that are minor annoyances to motorists can pose major hazards to motorcyclists.
7. Allow more following distance -- three or four seconds -- following a motorcycle.

Continue reading ""Motorcycle Safety Awareness Month" Aims to Reduce Motorcycle Accident Injuries & Fatalities in Massachusetts" »

A 2009 hit-and-run pedestrian accident on a Massachusetts college campus has recently been settled for $3.25M. According to Massachusetts Lawyers Weekly, the plaintiff pedestrian, a 21-year-old college student at the time, was injured when she was struck by a vehicle on campus. The defendant operator of the vehicle was found to be driving while intoxicated (DWI) when the accident occurred. Unfortunately, the injuries sustained by the plaintiff were so severe she is unable to accurately recall the drunk driving accident. In all, she suffered multiple traumas, including a foot-long scar on her face. She also sustained facial fractures and cerebellar hemorrhage. The injuries required numerous reconstructive surgeries, totaling $77,000 in medical bills.

The defendant operator fled the accident scene, but was soon apprehended by campus police. He later pled guilty to driving while intoxicated (DWI), leaving the scene of an accident, and reckless driving. The defendant resided with his parents at the time of the drunk driving accident. He held an underlying motor vehicle liability policy of $250,000 on the vehicle and $5 million homeowner's umbrella policy. After mediation, the case ultimately settled for $3.25 million paid by the umbrella carrier.

Hit-and-run pedestrian accidents are unfortunately all too common in Massachusetts. Earlier this month, a 6-year-old boy sustained serious injuries after being struck by a car on Delhi Street, near the Walker Playground, in Mattapan. He was treated at Boston Medical Center and police are still looking for the accident vehicle.

Most pedestrian accidents are the result of a motorist's negligence. Such negligence can take the form of operating under the influence, failing to abide by traffic laws and road signs, texting while driving, speeding, running red lights or stop signs, failing to stop at a crosswalk, or simply not paying adequate attention to the road. Sadly, insurance companies may attempt to fault the pedestrian to avoid payment. Consequently, a claim's success often hinges on a swift and thorough investigation of the motorist. As such, victims of a pedestrian accident or their family should seek legal representation as soon as possible.

Continue reading "Hit-and-Run Pedestrian Accident on College Campus Settles for $3.25M" »