Car Accidents

October 16, 2012

Counterfeit Air Bags Pose Safety Issue for Vehicle Occupants, Warns NHTSA

According to the National Highway Traffic Safety Administration, repair professionals and vehicle owners should watch out for counterfeit air bags. Often used as a replacement part at independent repair stores, these imitation safety devices generally don’t work properly and in a Boston car crash will likely fail to provide a motor vehicle occupant with the protection he/she needs.

Unfortunately, imitation air bags hard to identify because they look almost exactly like the ones that are certified as original and usually come with the branding of a legitimate automaker. NHTSA says that these counterfeit products were not properly tested.

According to NHTSA testing, imitation air bags have a tendency to fail to deploy properly or they expel metal shrapnel pieces during deployment. While there have been no reports of deaths or injuries so far, the US Department of Transportation says that more than 100 kinds of cars may have had a fake air bag installed. Just under 240,000 vehicles may be affected. You can find a list of the affected makes and models on the NHTSA website by visiting the link below.

October 10, 2012

Growth in Number of Boston Cyclists Leads to an Increase in Bicycle Accidents

by Altman & Altman

The reasons to ride a bike in Boston are endless. You can ride your bicycle for fun, to work, or for exercise. According to Radio Boston, “the greater Boston area is going through something of a bicycling renaissance.” With over 56 miles in new trails, it is no wonder that people have decided to commute the eco-friendly way. Regrettably, as the number of bicycle riders increase, so do the number of accidents and injuries involving bicycles. “Boston Emergency Medical Services count more than 450 bicycle-related accidents and collisions this year, up significantly since a year ago.”

Last month, there were two bike accidents in Boston that lead to the death of the cyclists. One cyclist was hit by a tractor trailer when she reached the intersection. The woman was known to be in her 30s and a resident of East Boston. The other cyclist was hit by a pick-up truck operated by a drunk driver. The victim was a 63-year old man from Dorchester, and died from his injuries. People who are the cause of bike accidents face an extensive amount of liability. The driver of the truck is facing motor vehicle homicide and drunk driving charges, among others.

Bike accidents are known to take the lives of over 700 people annually, with children making up a significant number of these victims. Boston Biker, an online community for cyclists in Boston, is encouraging riders to look at other countries to adopt their riding safety practices, as bike riding accidents in other countries are significantly lower. Even our own state adopted rules regarding bike safety. If you decide to ride, be sure to check out the city’s rules regarding bicycle safety.

Even with these fatal incidents, avid bicycle riders are not deterred from the road. We all strive to be healthy and physically fit people and bicycle riding seems like it could be the solution we have been looking for. If you are feeling left out because you don’t own a bicycle, then you should consider a membership with Hubway. Hubway is a bicycle sharing system in Metro-Boston that was created in July 2011.
Continue reading

September 26, 2012

Young Mom Dies in Attleboro Car Crash Involving Allegedly Drunken Driver

by Altman & Altman

24-Year-old Kaisha Lynn Guerrini is dead following a North Attleboro car crash involving an alleged drunken driver. The young mother, who leaves behind a 3-year-old son, sustained fatal injuries when her vehicle was hit in a head-on crash on Route 152. The driver, 32-year-old Jason Kwolek, is accused of going on a drunken driving rampage through multiple cities after leaving a bar in Foxboro.

According to police, Kwolek passed vehicles in no-passing lanes, caused another collision, placed other motorists in jeopardy, and drove on curbs as he sped through Plainville and Attleboro. The Boston Herald states that a police report describes Kwolek as “unemotional” and “mocking” after the collision. He has pleaded not guilty to the charges of motor vehicle homicide, manslaughter, and drunken driving.

Massachusetts Drunken Driving Accidents

August 31, 2012

14 Injured When 100-Year-Old Motorist Accidentally Backs Cadillac into School Kids and Adults

by Altman & Altman

In a motor vehicle crash that is making national headlines, a 100-year-old driver backed into 14 people on Wednesday when he accidentally reversed his car into a group that was waiting to cross the street close to a Los Angeles, CA school. 11 kids and three adults were hurt, with at least two of the victims still in the hospital yesterday.

The elderly driver, Preston Carter, claims that he hit the pedestrians because the brakes on his Cadillac failed. Police are looking to see if this is, indeed, what happened. However, because of his advanced age, the incident is bringing up the familiar debate of if there should be a time when an elderly senior citizen is too old to drive. In Massachusetts, please contact our Boston pedestrian injury law firm if you believe that your traffic crash injuries were caused by someone else’s negligence.

While many elderly motorists remain mentally alert and active, there are those that pose a danger to themselves and others every time they are in the driver’s seat. Obviously there is no one size fits all answer to when someone may no longer able to safely operate a motor vehicle. Yet, with people living longer these days and the senior population growing-1 out of every 5 derivers will be a senior citizen by 2030-it is important to acknowledge that at some point, a senior driver might have to give up his/her driver’s license and let someone else take the wheel. This can be tough, as driving is a key to freedom, independence, transportation, and life beyond the home for many people.

July 20, 2012

Boston Officer Arraigned in Accident that Injured Young Woman

by Altman & Altman

Richard Jeanetti, 35, was arraigned today in West Roxbury District Court and released on personal recognizance over charges stemming from a crash that occurred on the evening of May 24. Jeanetti is a Boston police officer but was off duty at the time of the accident. He is facing several charges, including operating under the influence causing serious bodily injury and negligent operation of a motor vehicle, after he crashed his motor vehicle into a young woman’s car in Hyde Park about two months ago.

According to a police report filed in the case, Jeanetti’s blood alcohol level was more than three times the legal limit following the accident. The victim, Brianna O’Neill, was seriously injured in the crash and appeared in court today wearing a neck brace and using a crutch. She said that she did not see Jeanetti that night but was “dazed and confused” in the aftermath.
Continue reading

June 28, 2012

Dartmouth Car Accident Involving Allegedly Drunken Neighbor Injures 4-Year-Old Boy in Yard

by Altman & Altman

4-Year-Old Cole Michael Kelly was rushed to the hospital on Wednesday after he was struck by a vehicle that crashed into his backyard where he was playing. The car’s driver, Pedro Roias, is his neighbor. The 64-year-old motorist has been arrested on drunk driving charges in the Dartmouth, Massachusetts motor vehicle crash.

According to police, Roias drove his car, a 2000 Dodge Caravan through the “stockade style fence” and ran ran over Kelly yesterday afternoon. Roias then stayed in his auto with the engine still on until someone turned it off.

He pleaded not guilty to several charges, including assault and battery involving dangerous weapon and DUI of liquor resulting in serious injury to the body. Meantime, Kelly has been released from the hospital and he is recovering at home.

May 30, 2012

Teen on Trial Over Deadly 2011 Haverhill Car Crash Claims He Wasn’t Texting While Driving

by Altman & Altman

18-year-old Aaron Deveau claims that he wasn’t texting while driving when his vehicle swerved over the center line to collide head-on with the auto driven by Donald Bowley in February 2011. The 55-year-old man sustained severe traumatic brain injuries and died more than two weeks after the crash. Bowley’s 58-year-old girlfriend also suffered serious injures.

Deveau has pleaded not guilty to causing injury in a crash (while texting and driving) and negligent motor vehicle homicide. During a video- and audio- recorded statement between the then-17-year-old and police, Deveau said he hadn’t been texting when the Massachusetts collision happened. (A check of his phone records indicate he received two texts in the two minutes leading up to the collision and he reportedly received and sent nearly 200 text messages that day. However, it is possible that he didn’t check the messages right before the accident.)

According to the Boston Globe, Haverhill Police Officer Wayne Tracey said the head-on crash was one of the “worst” he’d ever seen.

April 19, 2012

Biking around Boston—Know the Rules!

by Altman & Altman

So we’re nearing the end of April and bike season is officially back. Motivated by the improving weather-what a glorious spring day today!-and by the athletic feats of Monday’s marathoners, the city is alive with bike riders with a variety of levels, intensities, and goals. But bikers, beware! Boston and its surrounding cities plan to crack down on bike law enforcement this season, according to sources, with Somerville apparently at the forefront.

A post on Somerville’s ResiStat blog-an effort, as the site states, to connect the community via Internet discussions-announced that Somerville police will be stepping up enforcement of bicycle traffic laws in order to create better harmony among drivers, cyclists, and pedestrians with whom they share the road. The central message of this campaign seems to be that being on a bike, rather than in a car, does not give you free reign of the roads! So make sure to educate yourself on the do’s and don’ts.

Massachusetts General Laws Chapter 85 Section 11B outlines bicycle regulations. Generally stated, bikers must follow all the same traffic laws as motor vehicles. A few exceptions and the most commonly broken rules are listed below:

April 16, 2012

Massachusetts Had Lowest Pediatric Death Rate in 2009, Reports CDC

by Altman & Altman

According to a report issued by the Centers for Disease Control and Prevention, the state of Massachusetts had the lowest pediatric death rate among all the US states in 2009 at 4 child deaths per 100,000 kids (age 19 and under). The national average for that year was 11 deaths/ per 100,000 children. The CDC has published its findings in its Morbidity and Mortality Weekly Report.

CDC principal deputy director Ileana Arias says that one reason for Massachusetts’ lower child death rate is that the state has taken pains to address child injury prevention, including developing policies and programs to promote children’s safety. In 2008, the state passed a law mandating that all kids under the age of 8 use a booster seat when riding a car. Following a 2006 law that toughened up requirements for teens seeking to earn their driver’s license, teenage driver deaths declined by 75%.

Our Boston injury lawyers handle Massachusetts injuries to a minor cases. We represent children and their families with civil lawsuits against negligent product manufactures, automakers, physicians, property owners, pet owners, and other liable parties.

Per the CDC’s report, nationwide car crashes comprised close to 50% of the 9,143 pediatric injury fatalities that occurred 2009. Although this figure is still too high, it is a significant decline from the number of child car crash deaths that took place a decade ago. That said, child injuries continue to be the number one cause of children fatalities.

The CDC says that the rates of child fatalities caused by infant suffocation while sleeping and teen poisoning deaths (many from prescription drug overdoses) have gone up. However, there has been a decrease in the number of deaths from fall accidents, drownings, and fires/burn injuries. Unknown causes was cited as the reason for 1070 child deaths in 2009.

Massachusetts Child Injury Cases
We know how devastating it can be to see your child suffer because someone else was reckless/careless. Sometimes, the negligent party may be a company or an individual you do not know. We also represented clients with Boston wrongful death cases or personal injury claims against a relative or a friend.

Massachusetts leads nation with lowest rate of accidental deaths in children, Boston.com, April 16, 2012
Vital Signs: Unintentional Injury Deaths Among Persons Aged 0–19 Years – United States, 2000–2009, CDC
Safe Kids USA

More Blog Posts:
Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012

Boston Child Injuries: Do Some Toys Cause Hearing Problems?, Boston Injury Lawyer Blog, December 26, 2011

Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011 Continue reading

April 14, 2012

Massachusetts Auto Defect, and Not Drunken Driving, May Have Been Cause of Deadly Pittsfield Crash

by Altman & Altman

According to the lawyer of a Pittsfield man charged with motor vehicle homicide while under the influence of drugs, driving to endanger causing serious bodily injury, and driving under the influence of alcohol, the deadly Massachusetts car accident that claimed the life of 25-year-old Michael F. Ashline may have actually been caused by an auto defect. Douglas F. Guinan’s defense attorneys want Hyundai Motor America to provide them with documents related to malfunctions involving the electronic steering system of the 2011 Sonata.

Guinan’s legal team contends that the head-on 2010 Pittsfield auto crash that killed Ashline is not the first time that a 2011 Sonata suddenly pulled left or turned without the driver actually instigating this action. Pointing to a recall of Hyundai vehicles that the automaker had issued (around the time of the accident) due to pulling and vibration in the steering wheel, the defense believes that it was this type of safety issue that caused Guinan’s accident.

The automaker has agreed to give over engineering test reports related to this safety issue to the defense. However it turned down other elements of the request, such as access to client complaints prior to the recall. Meantime, Guinan’s lawyer believes there is evidence showing that what hospital staff had thought was intoxication at the time of the crash was actually the result of a traumatic brain injury. Guinan and the driver of the vehicle that Ashline was a passenger in, Nichole A. Rudd, were both seriously injured in the Berkshire, Massachusetts car accident.

Auto Products Liability
There are instances when an auto defect, and not driver negligence, is the cause of a deadly car accident. For example, a man convicted of killing three people in a 2006 car accident was set free in 2010 when it was discovered that Toyota sudden acceleration was the actual cause of that deadly collision.

Pursuing Massachusetts auto products liability recovery from an automaker can be an intimidating and arduous process, which is why you should not to try to do this without experienced legal help.

Defense lawyers eye auto defect in fatal crash, The Berkshire Eagle, April 10, 2012

Hyundai

More Blog Posts:
Massachusetts Cyclist Killed while Riding Recalled Cervélo Bicycle, Mechanical Failure Likely, Boston Injury Lawyer Blog, April 11, 2012

NHTSA Seeks to Modify Keyless Ignition Systems to Minimize Safety Risks, Boston Injury Lawyer Blog, March 22, 2012

Is CPSC’s SaferProducts.Gov Database Preventing Boston Injuries?, Boston Injury Lawyer Blog, March 17, 2012 Continue reading