Pedestrian Accidents

April 19, 2012

Biking around Boston—Know the Rules!

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 13, 2012

Crossing Street, Canton Couple Seriously Injured when Hit by Car

by Altman & Altman

A husband and wife, both age 67, were crossing the street on Will Drive in front of their home in Canton on Thursday night around 8:40pm when they were hit by a 21-year-old male from Acushnet who was driving an Infiniti G35. According to reports, the couple was transported to Boston Medical Center with serious injuries. No names have been released.

According to a report issued by the National Highway Traffic Safety Administration’s Center for Statistics, 4280 pedestrians were killed in pedestrian-car crashes in the United States in 2010, with 70,000 pedestrians injured in such crashes-an increase of several percentage points since 2009. The good news, if it can be considered as such, is that from 2009 to 2012 Massachusetts did see a 7% decrease in the total number of crash fatalities (including drivers and pedestrians).

Pedestrians have no physical barriers to protect themselves when they are hit by a car, truck, or other vehicles, so they are very susceptible to injury. Pedestrian accidents can result in injuries including broken bones, skin burns, spinal cord injuries, lacerations, and even death. When a pedestrian is involved in an accident, there are a number of legal implications which can complicate the person’s recovery. Who pays medical costs? Lost wages? What if the accident is a hit-and-run? Contact a skilled MA personal injury lawyer if you were injured as pedestrian.

March 27, 2012

Driver in 2010 Framingham Road Construction Accident Death Pleads Guilty

by Altman & Altman

The criminal trial of the man accused of fatally striking a Framingham highway worker is about to start. Jeremy Gardner faces the criminal charges of motor vehicle homicide and drunk driving.

According to police, Gardner, 31, fatally struck Gregory Vilidnitsky, 57, on Route 9 on September 14, 2010. At the time, the highway worker was working on a paving project. The authorities contend that Gardner did not stop his pickup truck at the Framingham highway construction accident site and instead kept on driving until he hit an oil truck. Walter Smith, who was riding in the vehicle with Gardner, at the time, allegedly attempted to get into the driver’s seat and get away. He is charged with DUI and will undergo his own criminal trial.

Unfortunately, road construction workers are at risk of serious injuries while on the job. They are easy targets for vehicles on the road and the dangers they face can be exacerbated by poor warning signs, inadequate barriers separate the construction zone from oncoming traffic, construction trucks and other large vehicles and machinery obstructing driver visibility, and driver negligence, including speeding, distracted driving, or drunken driving.

A highway construction worker that is injured in a Framingham traffic accident is likely entitled to Massachusetts workers’ compensation benefits from his/her employer. While an injured worker usually cannot sue an employer for personal injury if the injury was sustained on the job, there may be third parties, such as a negligent motorist or another entity involved with the construction job that can be sued for damages.

Even if a responsible party didn’t intended to cause the Framingham wrongful death or injury accident, liability can still be found if negligence was a factor. A driver that causes a Massachusetts highway construction accident may also have to contend with criminal charges that would be handle in a separate, unrelated proceeding.

Maine man sentenced to 8 years in prison for killing MassDOT worker in Framingham OUI Crash, The MetroWest Daily News, March 27, 2012

Maine man pleads guilty in Mass. highway death, Boston.com, March 27, 2012

More Blog Posts:
Boston is 3rd on Safe Driver List, Survey Reports, Boston Car Accident Lawyer Blog, March 18, 2012

Boston Taxicab Drivers Sue City over Wage & Workers’ Comp Concerns, Boston Workers Compensation Lawyer Blog, March 8, 2012

New Bedford Bicyclist Hit and Killed by FedEx Truck, Boston Injury Lawyer Blog, March 23, 2012 Continue reading

March 20, 2012

Alcohol May Have Been A Factor in Deadly Orleans, Massachusetts Car Accident Involving Woman that Fell out of Pickup Truck that Struck Her

by Altman & Altman

Police are investigating a deadly Barnstable County, Massachusetts traffic accident that claimed the life of 47-year-old Diane Cole. They believe that both Cole and the driver of the GMC pickup truck she had been riding in on Friday afternoon, 69-year-old Dennis Maskell, had been drinking.

According to witnesses, on Friday afternoon, Cole fell out of the truck and that was when the vehicle’s rear tire struck her. At the time, the vehicle was reportedly moving at a slow speed. So far, the authorities don’t believe that the truck’s door opened unexpectedly as a result of any type of mechanical failure. They also don’t believe that domestic problems played a role in the tragic incident.

Maskell has been charged with motor vehicle homicide. A man who knew Cole and Maskell said that she jumped out of the vehicle. Maskell and Cole were reportedly not a couple.

Barnstable County, Massachusetts Wrongful Death
Figuring out who was responsible for a Massachusetts injury accident can be tough. Even with investigators and police involved, you want to make sure that you retain the servicers of someone that can advocate on your behalf and protect your rights.

If someone you love was killed in an Orleans, Massachusetts injury accident that you believe was caused by someone else’s negligence, you may be able to sue for damages.

Orleans woman falls out of truck, is killed, CapeCod Online, March 17, 2012

More Blog Posts:
Car Collides with School Bus in Marshfield, Injuring Three, Boston Injury Lawyer Blog, March 21, 2012

Pregnant Massachusetts Woman Killed in Fort Lauderdale Vacation Accident, Boston Injury Lawyer Blog, March 19, 2012

Truck Rollover in Freetown, MA Injures Two, Boston Car Accident Lawyer Blog, March 6, 2012 Continue reading

February 16, 2012

Man Charged with Drunk Driving and Hit-and-Run in Fall River

by Altman & Altman

An hit-and-run accident this week in Fall River left a 52-year-old woman with a broken leg and other serious injuries. Police allege that 32-year-old Antonio Martis hit Donna Adams as she was crossing the street after leaving a bakery, got out of the car and looked at her, then backed up-driving over Adams’ legs as he did so-and sped away. According to news reports, one car stopped to let Adams cross the street, but Martis’ vehicle was traveling so quickly on the wet roads and he was unable to stop in time. Witnesses to the accident began to chase Martis, who ended up striking a parked car and then a utility pole-leaving Martis’ face bleeding from the airbags that deployed. Martis has been charged with an leaving the scene of an accident, OUI, and assault and battery.

A witness to the accident took out his cell phone and began recording the accident after he saw Adams struck by the vehicle. He apparently captured Martis’ vehicle driving over Adams’ legs before he sped away.

The Massachusetts legislature and courts take hit-and-run accidents very seriously. Adams’ injuries could have been even more serious, and even fatal, and our sympathies are with Adams and her family.

February 6, 2012

MA Family Struck by Elderly Driver in Concord, Injuring Child

by Altman & Altman

According to media reports, an elderly woman struck a Concord family on Commonwealth Avenue in Concord around 9 a.m. on Saturday, sending the family to the hospital and causing serious injuries to the 20-month-old child who was being pushed in a stroller at the time. The mother, 39-year-old Laura Labriola, and her 5-year-old son were released from Emerson Hospital that evening, but the 20-month-old child and the elderly woman-who had been on her way to dialysis at the time of the accident-continued to be hospitalized due to more serious injuries. After the woman hit the family, she plowed into a garage. The accident occurred at the intersection near the Route 2 rotary and the MCI-Concord prison.

Investigation into the accident is ongoing. However, investigators believe the accident may have occurred because the driver hit the gas instead of the break.

Concerns about elderly drivers and whether they should be subject to tighter restrictions and regulations are continually debated in Massachusetts. According to the Massachusetts Department of Transportation, the Medical Affairs Branch of the RMV “sets its driver license policies without regard to age and therefore has no policies based on age alone.”

December 22, 2011

Police Say Haverhill Pedestrian Accident Was Caused by Drunk Driver

by Altman & Altman

Police have charged Lisa Leavitt with motor vehicle homicide while intoxicated and negligent driving in the Haverhill pedestrian accident that claimed the life of Karen LaPierre early Sunday morning. At the time, LaPierre, 63, was loading her car with doughnuts she had picked up to bring to church for morning service.

She died after she was struck from behind by Leavitt’s auto. Authorities say that while LaPierre was pinned between the two vehicles she was able to stay alive, but once the two cars were separated she died almost immediately.

Leavitt, 37, reportedly had a BAC of .18%, which is two times over the legal driving limit, after the crash. She failed a Breathalyzer test twice.

Leavitt, who admitted to police that she fatally struck LaPierre, has pleaded not guilty to the criminal charges. Her lawyer says that she was taking medication for seasonal depression. She also was in the process of getting more help for her condition.

Leavitt’s bail has been set at $50,000 cash. A judge said that if she is released she will have to wear a GPS bracelet and a home device would have to be installed so the authorities will be able to tell whether she’s consumed any alcohol.

According to the National Highway Traffic Safety Administration, although there was a decline in the number of US alcohol-impaired-driving deaths-10,228 fatalities in 2010, down from 10,759 deaths in 2009-in Massachusetts, there was a slight increase in drunk driving-related fatalities with 115 alcohol-impaired-driving deaths in 2010, which is slightly up from the 106 deaths in 2009. During both years alcohol-impaired-driving fatalities made up more than 30% of Massachusetts traffic deaths.

Our Boston injury lawyers represent victims and their families involved in Massachusetts drunk driving accidents. Although it’s never easy for anyone, including the drunk driver, to cope with the consequences, it is important that the injured person or his/her family is able to recover compensation from all negligent parties.

Hopefully, the drunk driving crackdown planned by local, state, and federal officials will help keep the number of Boston traffic accidents to a minimum this holiday season. U.S. Transportation Secretary Ray LaHood says the government’s nationwide efforts, called “Drive Sober or Get Pulled Over” will involve “invisible” law enforcement officers who will watch people that are drunk and then apprehend them when they try to drive.

U.S. Transportation Secretary Ray LaHood Announces ‘Drive Sober or Get Pulled Over’ Crackdown on Drunk Driving, NHTSA, December 13, 2011
Drunk driver kills woman heading to church, according to police, Boston Herald/AP, December 18, 2011

More Blog Posts:
NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010, Boston Injury Lawyers Blog, December 9, 2011
NTSB Calling for Total Cell Phone Ban on All US Roads and Highways, Boston Injury Lawyers Blog, December 15, 2011
Peabody Police Hit as a Pedestrian, Boston Car Accident Lawyer Blog, December 12, 2011 Continue reading

December 15, 2011

NTSB Calling for Total Cell Phone Ban on All US Roads and Highways

by Altman & Altman

Last week, our Boston injury lawyers published a blog post about a new National Highway Traffic Safety Administration study on text messaging and cell phone use while driving. As evidenced by the number of distracted driving fatalities that happened in 2010, too many people are dying because there are drivers that are multitasking and distracted.

Now, the National Transportation Safety Board is calling for all states to ban any type of cell phone use-including texting-unless it is an emergency situation. Over the last decade, the NTSB has made efforts to limit the use of portable electronic devices by commercial truckers, new drivers, and school bus drivers, but this is the first time that it is calling for a ban that would apply to all drivers. Handheld and hand-free devices would both be barred. Passengers that are not driving, however, would still be allowed to use their cell phones and other devices.

Although the NTSB cannot dictate state law, lawmakers do seriously consider what the federal agency has to say. Currently, in Massachusetts, only school bus drivers, passenger bus drivers, and drivers under 18 are prohibited from using cell phones. There is no ban on the use of hand-held phones-although Rep. Cory Atkins, D-Concord has introduced legislation to make the use of a hand-held cell phone while driving illegal. All drivers are banned from texting in Massachusetts.

Distracted Driving Lawsuits
Distracted driving has proven to be a huge problem among motorists. Even though people are aware of how dangerous talking on a cell phone or text messaging can be when operating a motor vehicle, many motorists cannot seem to stop themselves from making a call, sending a text, checking on email, or surfing the Web and these behaviors are causing serious injuries and killing people.

Some in Mass. eye tougher cellphone restrictions, Boston, December 14, 2011
NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011
National Transportation Safety Board

More Blog Posts:
NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010 , Boston Injury Lawyer Blog, December 9, 2011
Peabody Police Hit as a Pedestrian, Boston Car Accident Lawyer Blog, December 12, 2011
Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011 Continue reading

December 9, 2011

NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010

by Altman & Altman

The National Highway Traffic Safety Administration has published its 2010 Fatality Analysis Reporting System, and our Boston injury lawyers are pleased to report that the latest figures show that last year saw a drop in Massachusetts motor vehicle crash deaths. There were 314 traffic fatalities in the state in 2010, which is a 26% dip from the 340 deaths in 2009.

Federal traffic safety officials announced that 32,885 US traffic deaths for 2010, this is the lowest number of motor vehicle fatalities that the country has seen in a year since 1949. This record-breaking low happened even as motorists traveled almost 46 billion more miles than in 2009. US Transportation Secretary Ray LaHood is crediting “our safety agency and partner organizations” for their efforts.

There was, however, a 1.2% increase in the number of US motor vehicle crash injuries that occurred. Nationally, 2,243,000 people were hurt in traffic accidents in 2010, which is slightly more than the 2,217,000 motor vehicle crash injury victims from 2009.

The federal government also released its findings from a survey that reported an increase in the number of people who text and drive at the same time despite the growing awareness that this is dangerous. Young people are especially prone to texting while driving.

More than 6,000 drivers participated in the survey. Per its results, at any given moment in 2010, nearly 1 out of ever 100 drivers was emailing, texting, surfing the Internet, or doing something else on a handheld device while operating a motor vehicle-that’s a 50% jump from the year before. A few of survey’s other findings:

• Both women and men are just as likely to make or take cell phone calls, text, or read email while driving.
• Drivers under age 25 are 2-3 times more likely to text or email than older drivers.
• Aside from poor weather conditions, traffic jams, or a fast traffic pace, most drivers found there were few situations during which they wouldn’t text and drive.

The NHTSA says there were 3,092 distracted driving deaths in 2010.

Gov’t survey of drivers finds 2 in 10 texting, Bloomberg Businessweek/AP, December 8, 2011
U.S. Transportation Secretary LaHood Announces Lowest Level Of Annual Traffic Fatalities In More Than Six Decades, NHTSA, December 8, 2011
2010: Motor Vehicle Crashes: Overview, December 2011 (PDF)

More Blog Posts:
Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011
Man in Wheelchair Killed on Busy Street in Brockton, Boston Car Accident Lawyer Blog, October 28, 2011
Massachusetts Supreme Judicial Court to Consider Whether Drunken Driver Acquittal Rate is Too High, Boston Injury Lawyer Blog, October 31, 2011 Continue reading