Articles Posted in Pedestrian Accidents

Per court documents submitted in Essex Superior Court, a pedestrian who suffered permanent disfigurement in an Andover, MA car accident has settled her civil lawsuit with the driver, who was texting while driving when he struck her. The Massachusetts distracted driving accident occurred in 2011 when the plaintiff was struck by the motorist in his pickup truck.

The impact of the collision, which caused her to fall unconscious to the ground after her head was struck by the truck’s side mirror, allowed the vehicle to run over her leg with one of its tires, leaving the victim with injuries serious enough that she had to undergo numerous surgeries and require medical care to treat her vertigo, concussion, and memory loss. Evidence indicates that she will never again have full function of her leg.

The documents contend that the Andover, MA pedestrian accident happened because the driver took his eyes off the road while texting. The defendant settled the case with the maximum coverage available and additional monies.

According to a survey conducted by AT & T, 49% of the adult motorists that participated said the have texted while driving. Compare that to 43% of teen drivers that were asked in another survey in 2012. 98% of all respondents said they know that distracted driving is unsafe.

Multitasking is never beneficial while behind the steering wheel of the car. At Altman & Altman, our Boston personal injury lawyers represent clients who suffered serious injuries because of a distracted driving. Texting, talking on the cell phone, reading, surfing the Internet, and sending emails while driving can lead to catastrophic Massachusetts car crashes.

Per the At & T report, which is part of its “It Can Wait” campaign to get drivers to stop texting while behind the wheel, the number of motorists that text appears to be going up instead of down. Out of every 10 respondents, six of them said they didn’t text while driving three years ago. Meantime, 40% of those that do text while driving admit that this is an actual habit rather than a rare occurrence.

According to the journal Injury Prevention, New Year’s Eve is when people are most at risk for becoming involved in a fatal pedestrian accident. One reason for this is that while inebriated individuals might choose to walk rather than drive, drinking too much alcohol still impairs one’s physical abilities, judgments, and reflexes regardless, making one more prone to involvement in a traffic crash. One option for avoiding such risks might be to take a cab. Another alternative is staying over at wherever you plan to celebrate.

That said, there are Boston pedestrian accidents that occur on New Year’s Eve because a motorist was distracted, multitasking, texting while driving, talking on a cell phone, or drunk. Please contact Altman & Altman, LLP to request your free case evaluation if you were involved in a Massachusetts traffic accident that you believe was caused by another party.

No one wants to start or end the year involved in any type of collision, but it can happen. Because the state follows modified comparative negligence system, an injured party can recover Boston injury compensation compensation as long as his/her fault in causing the incident was 50% or less.

According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration, the number of US highway deaths in 2011 went down to their lowest level since 1949 at 32,367 fatalities-a 1.9% drop from last year. The 2011 decline is a continuing trend over the last six years, which has lead to a 26% drop in traffic deaths since 2005.

In this state last year, Massachusetts traffic fatalities went down from 347 deaths in 2010 to 337. Nationwide, other significant 2011 statistics included:

• A 4.6% drop in the number of light truck and passenger car occupant deaths.

Parking is a part of most people’s everyday work routine into which they probably don’t put much thought. While it may seem like a mundane part of one’s daily routine, the reality is that most people use parking lots several times a day without acknowledging the inherent safety risks until it is perhaps too late. Though parking lots are a breeding ground for all sorts of accidents, it is important for employers and employees to know their dangers in order to help prevent accidents from occurring.

The two most common and preventable accidents that occur in parking lots are security accidents and slip, trip or fall hazards.

The National Crime Victimization Survey, conducted by the Bureau of Justice Statistics, reports that more than 1 in 10 property crimes occur in parking lots or garages. Other violent crimes occur in parking lots due to the nature of these spaces. Dark or unlit areas provide the perfect environment for crimes to occur, especially given that many people walk to their cars alone. Parked cars also provide hiding spots for predators who can crouch behind them and remain unseen for long periods of time.
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According to “Walking Safely, A Report to the Nation,” teenagers are now the most at risk group for becoming involved in a pedestrian accident. The study, from FedEx and Safe Kids Worldwide, looks at the trends in US child pedestrian fatalities and injuries over the last 15 years.

Per the report, while child pedestrian safety has improved overall-child pedestrian deaths have declined 53% and injuries by 44% since 1995-over 61 kids are still injured seriously enough in pedestrian accidents daily to warrant medical help. More than 500 child pedestrian deaths continue to happen each year. Also, while in 1995, the kids belonging to the the ages 5-9 group were the ones most likely to sustain pedestrian injuries, in 2012, it is teenagers, with the fatality rate among older teen pedestrians now double that of their younger counterparts. However, kids of all age continue to be at risk of serious injuries and death in a pedestrian accident. In Massachusetts, contact the Boston injury law firm of Altman & Altman, LLP today if your child was injured in any type of Massachusetts traffic crash.

Teen Pedestrian Accidents

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.

Of the 314 Massachusetts traffic fatalities that took place in 2010, 58 of them involved pedestrians. These figures were recently reported in the National Highway Traffic Safety Administration’s 2010 Traffic Safety Report.

The NHTSA also reported that in this country, on average, there was one pedestrian death that occurred every two hours and one pedestrian injury every eight minutes that year. Nationally, there were 4,280 pedestrian fatalities and 70,000 pedestrian injuries that year-a 4% increase from 2009, but a 13% decrease from 2001.

Other NHTSA 2010 Traffic Safety Facts:

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.

71-year-old Marie Stewart, and Everett crossing guard, is reportedly in critical condition after she was hit by a Massachusetts Water Resources Authority pickup truck this morning. Stewart reportedly has been hemorrhaging on both sides of her head following the Middlesex County pedestrian accident.

The driver of the truck that struck her, a 67-year-old Dorchester man, had been headed to Chelsea at the time. He was reportedly so distressed from the Everett pedestrian accident that he was taken to a local hospital.

According to the Boston Herald, Stewart has complained multiple times in the past about drivers almost hitting her. Doctors at Massachusetts General Hospital have said that her condition is grave.

State Police are trying to determine what happened. It is unclear at the time whether Stewart was guiding kids across the street when she was hit by the pickup.

In Massachusetts, our Boston injury lawyers represent pedestrians and car crash victims throughout the state. Pedestrian accidents can happen for different reasons. A negligent driver may be at fault or pedestrian error may have been a factor. There also may be other causes, such as a poorly designed pedestrian lane, a faulty traffic light, or a defective motor vehicle.

Because Massachusetts abides by a system of modified comparative negligence when it comes to personal injury, as long as an injured party is no more than 50% at fault in causing his/her injuries, financial recovery is a possibility. It is important that you work with a Boston motor vehicle crash law firm that knows how to fight for your compensation and can prove that others were liable.

There even may be more than one responsible, such as a negligent driver and/his her employer. Also, if you were injured while on the job, you are likely entitled to Massachusetts workers’ compensation benefits.

Seriously injured Everett school crossing guard spoke of near-misses before, Boston.com, May 23, 2012

Crossing guard struck by pickup truck
, WCVB, May 23, 2012

More Blog Posts:
Crossing Street, Canton Couple Seriously Injured when Hit by Car, Boston Injury Lawyer Blog, April 13, 2012

Brighton Woman Struck by Company Tow Truck & Dies, Boston Car Accident Lawyer Blog, February 17, 2012

Elderly Driver Hits Three Pedestrians in Concord, Boston Car Accident Lawyer Blog, February 15, 2012 Continue reading

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