Articles Posted in Car Accidents

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A duck boat loaded with tourists struck and killed a 29-year-old Beacon Hill woman over the weekend. The as yet unnamed woman and her male passenger were on a scooter when the accident occurred. They were stopped at a red light on Charles Street, directly in front of the Boston Duck Boat Tours’ vehicle. Both riders were wearing helmets. Contact a Boston Personal Injury Lawyer Today.

According to a witness, when the light turned green, “the duck boat just took off and actually went into the back of the people on the scooter.” The woman operating the scooter tried to accelerate and witnesses shouted, trying to alert the duck boat driver. But it was too late. The scooter fell to the ground and the duck boat ran it over.

Seattle Duck Boat Accident

Many have criticized duck boats, saying they are too dangerous for congested city streets. When a Seattle duck boat crashed into a charter bus, killing four students, there were national cries for a ban on the amphibious vehicles.

According to local authorities, this weekend’s accident near Boston was the first deadly accident for Boston Duck Boat Tours, a company that has been around since 1994. The scooter was crushed under the side front wheel of the massive vehicle.

Surveillance Video

The incident occurred within range of a surveillance camera owned by the city. In a statement, Officer Rachel McGuire, a spokeswoman for the Boston police, said the surveillance footage will be reviewed by investigators. “We’ll have to determine whether criminal charges have to be taken out against the operator,” said Evans.

The duck boat had approximately 26 to 28 passengers at the time of the collision. None of the passengers were hurt. Apparently, the driver stopped the vehicle and jumped out as soon as he realized he had hit something. According to a spokesman for Boston Duck Tours, the driver “has been with the company for years and has a great safety record.”

At the time of the accident, Jay Beausang was planting a tree near the intersection of Charles and Beacon streets. He saw the victim’s body pop out from behind the duck boat. “I ran over. I got on my knees, held her wrist for a pulse,” said Beausang. The woman attempted to speak, but was unable. Beausang said that although she wasn’t bleeding, the woman looked like a “rag doll”. The male passenger was not seriously injured. Continue reading

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Car accidents can result in a long list of expenses, such as property damage and medical bills. But the financial toll doesn’t always end there.  Pain and suffering, both physical and mental, can result in long-term complications, including anxiety, loss of enjoyment of life, and even the inability to return to work. If you’ve been injured in a car accident, you may be able to recover damages for ‘pain and suffering.’ Contact a Boston Motor Vehicle Accident Lawyer Today.

Multiplier Method Vs. Daily Rate Method

Following an auto accident, insurance companies use several methods to determine the value of an injury claim. These calculations typically include actual medical expenses, lost wages from time off work, and a certain amount for pain and suffering. There are two methods of calculating the compensable amount of a personal injury claim. They are:

  1. The Multiplier Method: used to be a common method of calculating pain and suffering damages, the actual damages are multiplied by a specific number, traditionally the number 3. For example, if the cost of your medical bills was $8,000, your pain and suffering damages would be $24,000. However, most insurance companies now use advanced software programs to determine the number that the damages will be multiplied by, and it’s rarely 3 these days. The designated number depends on multiple factors, including the severity of injuries, length of recovery, and aggravating circumstances. For example, the number designated to a case involving minor injuries in a fender bender will be significantly lower than for someone who has both legs broken in a serious car accident. The multiplier may be 1 in the first case and 4 in the second case. Aggravating circumstances, such as whether the at-fault driver was intoxicated, also come into play when determining pain and suffering compensation.
  1. The Daily Rate Method: Another method of calculating pain and suffering damages is one in which a specific amount of money is assigned to each day of suffering. Lost income is the most common base for determining the daily rate method. For example, if your average income is $150 per day, this will likely become the amount assigned to each day that you are unable to work. Therefore, if you miss 60 days of work, you would multiply $150 by 60 days to reach a figure of $9,000. Other costs can factor into that daily rate, but you have to be able to justify your reason for reaching a certain number. Simply saying, “My suffering is worth $300 a day,” won’t cut it.

Are You Likeable? Are You Credible?

Most personal injury lawyers will use a combination of these two methods to estimate what your requested damages should be. Once a ballpark figure is reached, you can adjust the figure based on multiple factors, including the severity of your injuries and any aggravating circumstances. Before moving forward with a claim for pain and suffering, it is important to consider the value of your claim. All of the following questions will play a significant role in the success of your claim: Continue reading

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It is common knowledge that fatigued or drowsy driving increases the risk of a crash. Unfortunately, drowsiness is a symptom of several medical conditions and a side effect of many prescription medications. For this reason, medications that cause drowsiness typically have a warning label, cautioning patients against driving or operating heavy machinery while on the drug. But what about other medical conditions that increase the risk of having an accident? New studies have revealed that conditions from Attention Deficit / Hyperactivity Disorder (ADHD) to restless leg syndrome may impact an individual’s ability to drive safely. Contact a Boston Motor Vehicle Accident Lawyer Today.

Medical Conditions That Increase the Risk of a Crash

ADHD: Up until recently, ADHD was not commonly associated with an increased risk of motor vehicle accident. However, new research has shown that the link may be significant. Between 2006 and 2010, a Swedish study examined 17,000 men and women with ADHD, as well as a group without the disorder. The results revealed that approximately 6.5% of male drivers with ADHD and 4% of female drivers with ADHD had been involved in at least one crash, compared to only 2% of those without the disorder. However, it is important to note that the risk of crash is reduced by about 58% when subjects with ADHD take proper medication. As one of the most commonly diagnosed disorders in young people, this is of significant concern. Although individuals with ADHD may have a tendency to be impulsive or easily distracted, it is not yet clear if these are the causes of the increased accident risk.

Pregnancy: Being pregnant significantly increases a woman’s risk of being involved in a traffic accident. This risk is especially high during the second trimester. In fact, the risk of a serious accident increases by 42% during the middle months of pregnancy. Although research isn’t entirely clear on why, it is likely due to a combination of factors. During this stage of pregnancy, women may be nauseous, fatigued, and / or distracted. Statistics show that approximately one out of every 50 pregnant women will be involved in a traffic accident during their pregnancy.

Epilepsy: This condition is characterized by different types of seizures, and the increased risk of being involved in an auto accident is largely dependent on the frequency and kind of seizures the patient experiences. If a seizure results in loss of control or awareness while driving, it can be extremely dangerous. For most individuals with epilepsy, driving privileges will be restricted until they have been seizure-free for a minimum amount of time.

Dementia:The most well-known form of dementia is Alzheimer’s Disease, but there are many types and varying levels of this cognitive disorder. When an individual has dementia, even in the early stages, the risk of having a motor vehicle accident increases substantially. Because dementia is a progressive disease, the risk will only grow as time goes on. This doesn’t necessarily mean that someone in the early stages of dementia cannot drive safely. However, once an individual has been diagnosed with dementia, his or her driving abilities should be closely monitored. Continue reading

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As parents, we fear for the safety and well-being of our children every day. When teen-age children approach driving age, that fear increases substantially. Considering that young people are more likely to die in a car crash than from any other illness or injury, this fear is certainly understandable. However, with proper education, practice, and through the modeling of good driving behaviors, you can dramatically reduce your teen driver’s risk of being seriously injured or killed in an auto accident. Contact a Boston Injury Lawyer Today.

Teen Driving Statistics

Motor Vehicle Accidents are the #1 Cause of Teen Death in the U.S. – The good news is that the majority of these deaths are largely preventable. Teen crashes are typically the result of inexperience, reckless behavior, and inadequate driver-education.

In 2013, 2,163 U.S. Teens Were Killed, and 243,243 Teens Were Injured in Crashes – This equates to six teens every day that year. The most at risk age group is young people between the ages of 16 and 19.

Teens Three Times More Likely to be Killed in a Motor Vehicle Accident – Young drivers account for approximately 12% of fatal auto crashes. In 2013, about 17% of fatal teen crashes involved a blood alcohol level of at least .08%.

Male Teens Much More at Risk Than Female Teens – In 2013, males were involved in nearly twice as many car accidents than their female counterparts. In a recent study of teen male drivers involved in fatal accidents, 35% were using excessive speed and 25% had consumed alcohol. Teen males are more likely to engage in reckless behavior, such as driving under the influence, speeding, and driving aggressively.

Having a Teen Passenger Increases the Risk – Teen drivers are more at risk of having an accident when they have a teen passenger, and this risk increases with the number of passengers. This is likely because teens are more inclined to ‘show off’ when they have passengers than when they are driving alone.

Over Half of All Fatal Teen Crashes Occur at Night and On Weekends – In 2013, over 50% of teen motor vehicle fatalities occurred on weekend evenings, between the hours of 3 and midnight. Continue reading

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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.

Continue reading

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A 21-year-old Brockton man was killed early Sunday morning when he was ejected from a car and struck by six passing vehicles. The man, who is not being named until the family has been notified, was thrown from the passenger seat of a 1999 Acura when it crashed northbound near exit 20 at approximately 3:10 in the morning. The Acura’s 20-year-old driver, also from Brockton, was taken to Good Samaritan Medical Center. No charges have been filed yet, but according to police, “Charges for the operator are under investigation.” Contact a Boston Motor Vehicle Accident Lawyer.

The second car in the initial crash was driven by a 28-year-old Roslindale man who was taken to Good Samaritan Medical Center by ambulance.

After being ejected from the car, the 21-year-old victim was struck by six vehicles. The other vehicles and drivers involved were: a 60-year-old Brockton man driving a 2005 Lincoln LS, a 45-year-old Mattapan woman driving a 2009 Audi Q7, a 21-year-old Brockton man driving a 2007 Lexus IS250, a 36-year-old New Hampshire man driving a 2008 Chevrolet Tahoe, and a 49-year-old Middleborough woman driving a 2009 Toyota Matrix. Police initially responded to reports of a pedestrian being struck. When they arrived, they learned that the victim had actually been ejected from a car.

The cause of the accident is still under investigation. In addition to Massachusetts State Police, first responders included Stoughton Fire and Emergency Medical Services, the state Department of Transportation, and Stoughton Police. The State Police Collision Analysis and Reconstruction Section, along with their Crime Scene Services Section, the Chief Medical Examiner’s Office, and the District Attorney’s Office are all assisting with the ongoing investigation. Continue reading

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In a tragic accident on Monday morning, a 31-year-old Sturbridge woman was killed and two children were seriously injured when her vehicle collided with a cement truck on Route 20 in Oxford. At approximately 8:30 am, the unidentified woman crossed the center line and hit the cement truck. The impact of the collision forced her car into a third vehicle, an SUV driven by RobesPierre LaFleur. According to police, the cement truck’s front wheels broke off and the massive vehicle skidded several hundred feet down the road on its side before coming to a complete stop. Contact a Boston Injury Attorney.

8-Month-Old-Baby on Life Support, 2-Year-Old Boy in Serious Condition

The driver of the truck and the SUV received non-life threatening injuries. However, the woman driving the car that collided with the truck has been confirmed dead. An 8-month-old baby boy sustained life threatening injuries and is currently on life support, and a 2-year-old boy is also in serious condition. The children were both taken to UMass Medical Center in Worcester. The other two surviving victims were each taken to a local hospital.

The driver of the SUV is in agony over the accident. RobesPierre LaFleur was in serious pain after the collision, but he immediately ran to the car when he saw it had been crushed by the cement truck. “I was trying to help the mother,” LaFleur said.  “I touched her, and I said, ‘Mom, are you OK?’ However, it didn’t take long to determine that the woman hadn’t survived the crash.

After checking on the woman, LaFleur saw the little boy in his car seat and attempted to get him out. “He was coming in and out of consciousness,” he said. It wasn’t until a few moments later that he noticed the baby, crushed against the door. First responders were able to free the infant, but he remains on life support. Continue reading

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On Wednesday, a runaway flatbed truck caused significant damage when it careened down a steep road, hit a utility pole, crashed into two parked cars, and took out a streetlight. The accident, which occurred on Fendale Avenue in Dorchester, caused serious damages but no injuries were suffered.

The outcome could have been much worse. Had the truck not been forced to a stop by its collision with the cars and light pole, the accident may have ended tragically. The truck stopped mere inches before rolling into a busy intersection. In another stroke of luck, on its course down the steep hill, the truck happened to veer right, into a parking lot instead of into the lane of traffic.

According to police reports, the flatbed, which was parked legally on the street, was carrying appliances and scrap metal. After parking, the driver vacated the truck to collect additional items. Within moments, it was sailing down Fendale Avenue.

This situation poses the question – who is at fault when an unoccupied vehicle causes an accident? While the driver in the above case will likely avoid charges, as he was not behind the wheel when the accident occurred, that doesn’t mean he isn’t financially liable. From an insurance standpoint, if an unoccupied vehicle slips out of gear and crashes into another object, the vehicle owner is responsible. Since the driver will generally be at fault in this scenario, any damages to another person’s property will likely be paid under his or her property damage liability insurance. Continue reading

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As the end of summer approaches many people are still riding their bikes to school and work.  You always have to be keenly aware of bike riders, but especially during busy rush hour.  A bicyclist suffered serious injuries Thursday morning after colliding with a vehicle in Bridgewater, Massachusetts. Preliminary reports for the accident reveal that at approximately 7:30 AM a bicyclist crashed through a window of a minivan after colliding with the front of the vehicle. The bicyclist was taken via medical helicopter to a nearby hospital following the accident.

Reports have indicated that the bicyclist has been identified as 38 year old Stephen Rogan who currently resides at 36 Howard Street in Bridgewater. Rogan had been riding his bike along the intersection of Pearl Street and Perkins Street when he collided with the front of a Dodge Caravan. Upon impact, Stephen Rogan crashed through a window of the vehicle and ended up somewhere inside the Caravan. According to Bridgewater Fire Lieutenant Bob Mancinelli, Rogan sustained head and facial injuries as a result of the collision. The severity of these injuries was not made immediately available.

The driver of the Dodge Caravan has been identified as 50 year old Michael Lee of Wedowee, Alabama. Lee was not injured as a result of the collision. Initial reports indicate that Lee had been stopped at a Stop sign on Perkins Street. Rogan had attempted to take a turn from Pearl Street onto Perkins Street when he collided with Michael Lee’s Caravan. Reports have not indicated whether or not Rogan possibly lost control of his bike or simply didn’t see Lee at the Stop sign. The exact circumstances surrounding the collision are currently under investigation by the Bridgewater Police Department as well as Plymouth County BCI. Continue reading

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In a strange turn of events, a building has been the victim of a hit-and-run crash in Brockton, Massachusetts that took place in the early morning hours on Tuesday. The Brockton Police Department received an alarm from the main entrance of the Westgate Mall at approximately 2:40 AM. The mall, which is located on 200 Westgate Road in Brockton, suffered extensive damage as a result of the crash. Responding officers have stated that the driver of the vehicle fled on foot sometime after the accident occurred.

Upon their arrival on scene, Brockton Police Officers discovered that the Westgate Mall had sustained various degrees of damage to the entrance located near the Subway restaurant chain. Initial reports have indicated that two glass entryways to the mall had been completely smashed through by the vehicle. As a direct result of this occurrence, broken glass littered the ground surrounding the entryway and the metal frame supporting the doors had been damaged. Responding officers indicated that the metal frames had been bent and twisted as a result of the collision with the suspect’s vehicle. Continue reading

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