Car Accidents

July 31, 2011

More Wrongful Death Lawsuits Filed in 2009 Wrong-Way Driving Crash on Taconic State Parkway that Killed Eight

Our Boston Injury Lawyer Blog occasionally covers accidents and lawsuits that occurred outside the state of Massachusetts. In this post, we bring the latest on a tragic accident that made national headlines two years ago:

Daniel Schuler, the husband of Diane Schuler, is suing the state of New York and his brother-in-law for wrongful death. Diane, 36, and seven others, including their 2-year-old daughter Erin and her three nieces, were killed in 2009 after she drove her minivan the wrong way on the Taconic State Parkway and collided in a head-on crash with another vehicle on July 26, 2009. Now, Daniel is seeking compensation for Erin and her brother Bryan, 5, who survived the collision with serious, permanent, serious injuries.

Toxicologists later said that Diane was drunk and high that day. Test results indicate that she had marijuana and the equivalent of 10 shots of vodka in her system. Daniel, however, believes the findings are a mistake. In his wrongful death complaint against NY State, he says that the highway is inadequately designed and had poor signage.

July 11, 2011

Quincy Car Crash Kills One Person, Leaves Two Others With Serious Injuries

by Altman & Altman

Massachusetts drunk driving charges have been filed in a Quincy motor vehicle accident that killed one man and seriously injured two other people early Sunday. The head-on car collision took place at around 12:30am.

According to police, Plymouth resident Anthony Deicicchi was headed south on Quincy Shore Drive when his car swerved into oncoming traffic and struck a 1995 Ford Explorer. The driver of the SUV, a 50-year-old Jamaica Plain man, was later pronounced dead at Boston Medical Center. A 22-year-old man who was riding with him and the 27-year-old Hull man riding with Deicicchi were also transported to the hospital.

Police troopers say that Deicicchi was intoxicated when the Quincy auto accident happened. He faces numerous criminal charges.

There is a good possibility that the family of the man who died in the traffic crash might end up filing a Quincy wrongful death case against Deicicchi and any other parties who may have been responsible for the deadly collision happening. Drunk driving continues to be a leading cause of injuries and deaths on the road and a common reason why someone injured as a result of intoxicated operation of a motor vehicle might decide to sue an inebriated motorist for damages.

A new study by University of California, San Diego researchers reports that although legally a driver who has consumed alcohol is not breaking the law unless his/her BAC is .08% or greater while operating a motor vehicle, having just enough alcohol in the body so that the motorist has a “buzz” can up the chances that he/she will end up in a serious injury accident. For some, this would be a BAC of just point .01% (for many grownups, that’s less than half a beer).

The study examined almost 1.5 million accidents that took place in the US between 1994 and 2008. Buzzed” motorists were found to be among those more likely to speed, not use a seat belt, or hit another auto. The researchers believe that the legal limit for alcohol consumption while driving, which is currently a BAC of .08%, should be reduced.

Man killed, 2 hurt in Quincy crash, Boston.com, July 11, 2011
Drunk Driving: Even a Trace of Alcohol Is Dangerous on the Road, Says Study, ABC News, June 22, 2011

Related Web Resources:
Mothers Against Drunk Driving

More Blog Posts:
Continue reading

May 31, 2011

Fatal Haverhill Car Crash Was Caused by Teen Driver Who Was Allegedly Texting

by Altman & Altman

Police have charged teenager Aaron Deveau with texting while driving in the Haverhill car crash that claimed the life of 55-year-old Donald Bowley Jr. on February 20. The 17-year-old driver has pleaded not guilty to the criminal charges of motor vehicle homicide by negligent operation, negligent operation of a motor vehicle causing injury due to mobile phone use, and being a person under the age of 18 using a mobile phone while driving.

Bowley, who suffered a subdural hematoma and was admitted to Massachusetts General Hospital following the catastrophic Essex County traffic crash, died nearly three week later. Also severely injured in the Haverhill motor vehicle accident was Luz Selena Roman, who was riding with Bowley.

Deveau has admitted to using his cell phone when the collision happened.

Texting While Driving
Texting, which seems like a harmless activity, is actually a very dangerous habit to engage in while operating a motor vehicle. As our Boston injury lawyers have reported in the past, texting distracts the driver, requires the use of at least one (if not both) hand that should be on the steering wheel, and uses part of the brain that is also needed for driving.

It just takes just a few seconds for a catastrophic Boston car crash to happen-that’s much less time than it often takes to read, compose, and send a text message.

Texting, like talking on the phone, is distracted driving.

Youth pleads not guilty in texting-while-driving death, Eagle-Tribune, May 26, 2011
Haverhill teen arraigned on charges he was texting in fatal crash, Boston.com, May 25, 2011

Related Web Resources:
OSHA Pushes for Safer Occupational Drivers, No Texting for Drivers on the Job, Massachusetts Workers Compensation Lawyer Blog, April 26, 2011
Hit-and-Run Driver in Lawrence Car Accident that Injured Toddler Was Scrolling Through Cell Phone, Boston Injury Lawyer Blog, May 28, 2010
Preventing Massachusetts Car Accidents: Statewide Texting While Driving Ban Likely to be Implemented, Boston Injury Lawyer, June 22, 2010 Continue reading

May 29, 2011

New Study Affirms that Driver Errors Increase With Age

by Altman & Altman

Over the years, our Boston injury lawyers have written about Massachusetts car crashes caused by elderly seniors, as well as reported on concerns that advanced age may make driver error more likely. While there are many elderly seniors that continue to be excellent drivers, statistics show that the traffic crash rate noticeably goes up among drivers ages 75 and over. Now, here is information about a new study by researchers in Australia that once again reports that the number of driver errors do go up with age. The study can be found in the journal Neuropsychology.

The study’s authors gave a battery of cognitive tests to 266 independent elderly seniors, ages 70 to 88.They also had them take a 12-mile drive through Brisbane in a dual break car. A professional driving teacher accompanied them, as did an occupational therapist.

Common driving mistakes made during the practical test:
• Failure to check blind spots • Attempting to turn from the wrong lane • Veering from their lane • Not signaling
There were points during the practical part of the study when the driving instructor had to step on the auxiliary brakes or grab the steering wheel to avoid crashing. Drivers over age 85 averaged nearly four critical mistakes during the drive, which lasted almost an hour. Reasons for such driving mistakes include slower reaction times, a decreased ability to multi-task, a harder time absorbing and processing complex data within a limited time, brain function decline, and the loss of some ability to know what to pay attention to and what to ignore.

Boston Car Accident Cases
Driver errors can occur at any age and the results for the motorist and others involved in a Boston car accident can prove catastrophic. Traumatic brain injury, spinal cord injury, internal bleeding, organ damage, and crushed bones are just some of the serious injuries that can occur. You may able to hold the negligent motorist liable.

Elderly Drivers Fail a Test, The New York Times, May 27, 2011
Older people, Insurance Institute for Highway Safety
Neuropsychology

Related Web Resources:
Senior Drivers in Massachusetts

Mature Drivers, Mass.gov

More Blog Posts:
Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident, Boston Injury Lawyer Blog, February 15, 2011
Boy On Bike Hit By Police Cruiser in Avon, Boston Car Accident Lawyer Blog, May 24, 2011
Drunk Driver Causes Fatal Accident on Interstate 95, Boston Car Accident Lawyer Blog, May 16, 2011 Continue reading

February 15, 2011

Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident

by Altman & Altman

A Framingham woman claims Massachusetts police Sgt. Dennis Bertulli was negligent when he struck her with his motorcycle and drove off during the 2007 Boston Marathon. Norma Shulman, an avid marathon watcher, is now suing state police over the alleged assault and battery and the violation of her civil rights. Her Boston personal injury trial is currently underway in Middlesex Superior Court.

Shulman, now 65, claims that on April 16, 2007, she was standing behind the white line on Rte. 135-the same spot where she has watched the Boston Marathon for 26 years-when she was struck by Bertulli’s motorcycle. The impact of the Boston motorcycle accident knocked her backward and she sustained a bruise to her chest. Shulman says because she didn’t want to make a scene, she didn’t’ seek emergency medical help and instead drove herself to the ER several hours later. She says that not only did she experience physical pain for 6-7 weeks, but also that she continues to suffer from sleep problems while feeling powerless.

Shulman’s Boston lawyer claims that not only did Bertulli strike Shulman and then drive off, but also, another officer Lt. William Cederquist coerced a key witness to change his account of what happened. The incident was captured on video by WBZ-TV and posted on YouTube.

February 12, 2011

Is the State Doing Enough to Prevent Massachusetts Car Crashes and Discourage Drunk Driving?

by Altman & Altman

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:

January 20, 2011

Framingham Car Accident Leaves Pedestrian in Critical Condition

by Altman & Altman

25-year-old Dorzell Porter sustained serious injuries on Sunday when he was involved in a Framingham pedestrian accident. He was walking on Rte. 9 when he was struck by a Honda Civic. The driver of the vehicle is a Milford woman. Massachusetts State Police and Framingham Police are investigating the cause of the Middlesex County, MA injury accident.

Police are also investigating another Massachusetts pedestrian accident that occurred on Sunday. Killed in this traffic crash was Wareham teenager Kourtney Viera. A minivan fatally struck the 18-year-old while she was in the right travel lane of Interstate 195 East near Marion.

Viera had gotten out of her car after it ran out of gas. It appears that she may have slipped and fallen on the icy road prior to getting hit by the vehicle.

December 14, 2010

Alleged Drunk Driver Involved in Fatal Andover Car Crash Does Not Remember Striking Haverhill Pedestrian, Say Police

by Altman & Altman

Police have identified the woman who was fatally struck in an Andover pedestrian accident on Sunday as Cynthia Anne Ray. The 30-year-old woman was walking to the state police barracks on Route 125 when the catastrophic incident happened.

At the time of the Andover, Massachusetts car accident, Ray was going to pick up an accident report because her husband had involved in a separate collision earlier that day. The driver of the Chevy pickup that struck Ray, 50-year-old Robert V. Bryant, is accused of leaving the crash site. Troopers apprehended him some 150 yards away from the scene. Bryant reportedly failed three sobriety tests, stumbled as he was getting out of the car, and refused to take a chemical breath test. He allegedly has admitted to drinking a few beers.

At his arraignment in Lawrence District Court today, Bryant pleaded not guilty to a number of criminal charges, including motor vehicle homicide, negligent operation of a motor vehicle, operating under the influence of liquor, and leaving the scene of a crash that caused personal injury. He allegedly told police that he does not remember striking Ray.

November 26, 2010

Braintree Rollover Leaves 94-Year-Old Woman Injured

by Altman & Altman

A rollover in Braintree on Tuesday afternoon resulted in a 94-year-old Hull woman being injured, police told the Boston Globe. They said that her vehicle was struck by another one on Quincy Avenue. It came to a stop on its roof, and Braintree firefighters had to help get the woman out of the vehicle. The woman was taken to the South Shore Hospital in Weymouth, and her condition is not currently known. She is in the intensive care unit. The driver of the other car, a 39-year-old woman from Quincy, was cited for a lane violation.

The fact that this second driver was cited for a lane violation could indicate that she was negligent. At Altman & Altman LLP, our car accident lawyers investigate accident scenes, retain experts and examine all evidence to determine whether persons have grounds for a personal injury claim.

Our firm can also look into the possibility that automobiles or auto parts were defective when, as in this case, there is a rollover situation. The NHTSA reports that in 37 percent of fatal crashes, SUVs rolled over. Defective designs with unstable, high centers of gravity have been found to cause rollover tendencies in certain SUV brands.

Source: The Boston Globe, Woman, 94, injured in Braintree rollover
Continue reading

October 31, 2010

Trick or Treat: Prevent Boston Injury Accidents by Exercising Extra Caution When on the Road this Halloween

by Altman & Altman

Happy Halloween! With more children than normal likely to be wandering through the residential streets of Boston after dark tonight, there are steps that motorists can take to avoid striking a young ghoul or witch walking on the road, including:

• Don’t pass stopped vehicles. There may be a young trick or treater getting out of the car or crossing the street.
• Don’t talk on the cell phone or text while driving.
• Drive slowly.
• Look out for kids that might suddenly run into the middle of the road in an attempt to cross it.
• Remember that not all young children know the rules of the road. Yield the right of way to young kids.
• Don’t drive drunk.
• Obey traffic laws.

If your child was injured in a Boston pedestrian accident while trick or treating, you may have grounds for a Boston injury case.

Steps that parents can take to help their kids avoid becoming involved in a Boston traffic crash:

• Teach them how to safely cross the street.
• Supervise them while they trick or treat.
• Choose costumes that are bright enough for motorists to see at night. You can also give your kids a flashlight or place reflective tape on their costumes.

According to the Centers for Disease Control and Prevention, kids have a four times greater chance of getting struck by a car on Halloween than during the rest of the year. Meantime, the National Highway Traffic Safety Administration says that Halloween is one of the three days of the year when pedestrian injuries and deaths are at highest risk of occurring.

There may be more than one party who should be held liable for your child’s Boston injuries to a minor case. It is important that you start exploring your legal options as soon as possible.

Recovering from a Boston pedestrian injury can be tough-especially for young kids. In addition to the actual injury and the resulting physical pain, there also may be emotional trauma sustained as a result of getting hit by a motor vehicle. Medical and recovery expenses can take their toll on the family.

Halloween Driving Safety Tips, Progressive.com
Keeping Kids Safe on Halloween, Minnesota Safety Council (PDF)

Keep Your Pirate, Ghoul, or Ghost Safe on Halloween, Kingstowne.Patch.com

Related Web Resources:
Pedestrian Safety, SafeKids
Educating Child Pedestrians, WalkingInfo Continue reading