Articles Posted in Pedestrian Accidents

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One month after 15-year-old Alessandra Castner was killed in a Marblehead, Massachusetts pedestrian accident while crossing the street, the investigation into the fatal traffic crash continues. However, the probe has become controversial following allegations by “Allie’s” father, Christopher Castner, that prosecutors are engaged in a coverup.

This week, Castner’s attorney sent Essex District Attorney Jonathan Blodgett a letter accusing authorities of improperly concealing the name of the driver, 18. The note also alleges a conflict of interest based on the claim that Blodget is friends with the motorist’s uncle. Criminal charges have not been filed over the deadly Essex County, Massachusetts pedestrian accident. The DA’s office is denying the accusations.

To date, there is no evidence that the driver was drunk, under the influence of drugs, speeding, texting, or talking on the cell phone. Castner, however, contends that his daughter was walking in a crosswalk when the vehicle struck her and there were no skid marks on the road. Following the deadly Massachusetts pedestrian accident, Alessandra was flown to Boston Medical Center where she was pronounced dead.

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We all know that driving drunk can result in catastrophic Boston car crashes. Unfortunately, many people still continue to get behind the steering wheel of a vehicle after drinking too much and they risk their lives and the lives of others in the process.

Drunk drivers come from all age demographics and walks of life. New findings, however, are showing that nationally, there has been an increase in the number of women involved in deadly drunk driving accidents. A new report also reveals that it isn’t just young drivers who are prone to binge drinking.

According to the National Highway Traffic Safety Administration, the number of female drunk drivers is becoming a national safety issue. From 1998 – 2007, there has been a 28.8% increase in the number of women arrested for DUI. Currently, impaired women drivers are involved in about 2,000 US traffic deaths each year. In this state, however, between 2008 and 2007 there was a decline in the number of impaired women involved in deadly Massachusetts motor vehicle accidents.

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Even though Boston cab drivers are now banned from using a cell phone while driving, the Boston Herald is reporting that many cabbies are either ignoring the rule or just don’t know about it-or so they say. This behavior is dangerous and can cause Boston injury accidents.

One cab driver, Mohamad Moharam, told the Boston newspaper that he wasn’t aware that talking on a cell phone while operating a taxi was now illegal. He also says that police officers have not been cracking down on him or other cabbies when they’ve been spotted talking on their cellular phones.

Hackney Capt. Robert Ciccolo says he doesn’t believe that many Boston cab drivers are ignorant of the new rule as they say they have been. He does, however, acknowledge that it can be hard to tell whether a taxi driver is using a Bluetooth device to avoid getting caught-cab drivers are now not allowed to use this device while driving either. It also doesn’t help that many taxi passengers don’t like it when police pull over their cab.

Since January 1, 2009, when the ban went into effect, 20 violations have been issued resulting in 28 suspension. 22 taxi customers have complained because their Boston cab drivers were talking on cell phones while driving.

Many taxi drivers are reportedly not happy with the ban. Talking on a cell phone while driving has been a way for some of them to relieve the monotony of having to sit behind the wheel of their cab for 12 hours at a time while allowing them to connect with family and friends. The New York Times reports that some cab drivers have said that because they are professional drivers, they believe that they are less likely to become distracted while driving than regular motorists.

Unfortunately, there are many cell phone-driving related crashes that have occurred, including Boston bus accidents, MBTA train collisions, commercial truck crashes, car accidents, motorcycle collisions, and pedestrian accidents, because a “professional” driver was talking on a cell phone or texting and failed to notice another vehicle that was stopped ahead or a green light that had just turned red.

When people talk on a cell phone or text while driving, this means that less than 100% of their attention is on the road. Engaging in distracted driving always increases the chances that the driver will become involved in or cause a Boston traffic crash.

Cabbies turn deaf ear to cell ban, Boston Herald, August 14, 2009
Cabbies Stay on Their Phones Despite Ban, NY Times, August 3, 2009

Related Web Resources:
Cell phones as dangerous as drunk driving, CNET
Boston Licensed Hackney Carriages, City of Boston Continue reading

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In the last five days, at least two people died and one person was seriously injured in Massachusetts pedestrian accidents.

On Sunday night, 17-year-old Nicholas Bitsis sustained injuries to his head and body when a car struck him in Seekonk. The driver of the motor vehicle, Margaret Whitaker, is 78. Elderly motorists have recently come under fire in the media for the number of Massachusetts motor vehicle crashes they have been involved in. Lawmakers and others have been calling for tougher laws that would require older senior drivers to prove that they are fit enough to continue driving in the state. The cause of the Seekonk pedestrian accident is still under investigation.

In Westford on Friday, a pedestrian was killed after a tractor-trailer struck him on Route 495S. According to preliminary findings, the victim, a 55-year-old Salem man, appears to have gotten out of his vehicle and was standing next to the break-down lane when the tragic Massachusetts large truck accident happened. Police are continuing to investigate the cause of the Westford pedestrian crash.

On Thursday, another pedestrian sustained serious head injuries when he was involved in a Brighton hit-and-run accident. The victim, Freddy Zepeda, was buckling up his one-year-old child in a car seat when a motor vehicle struck him. Zepeda, 35, eventually died from his injuries.

The driver, 48-year-old Boston resident Cathy Bergin-August, has been charged with leaving the scene of an accident causing death and motor vehicle homicide by negligent operation. Bergin-August is accused of refusing to stop until Boston police apprehended her. There was reportedly a bottle of prescription sedatives in her motor vehicle.

Massachusetts motorists must drive carefully to prevent striking pedestrians, who are prone to catastrophic injuries any time they are involved in a traffic accident.

Bergin-August arraigned on motor vehicle homicide charges, Wicked Local, July 20, 2009
Dad in critical condition after being hit by car in Brighton, Wicked Local, July 16, 2009
Salem man killed on highway, The Salem News, July 18, 2009
Related Web Resources:
Pedestrian Safety Program, NHTSA
Walking Info
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The National Highway Traffic Safety Administration is reporting a 16% drop in the number of Massachusetts traffic deaths between 2007 and 2008. 363 people died in traffic accidents throughout the state last year. 434 people died in 2007.

Worcester County and Middlesex County tied for first place as the counties with the most traffic fatalities-56 deaths each. The state of Massachusetts also saw a decline in the number of drunk driving-related deaths by 20% from 155 fatalities in 2007 to 124 deaths in 2008.

More 2008 Massachusetts Traffic Facts:
227 vehicle occupant deaths 422 drivers that died At least 61 of the drivers were younger than 21 At least 120 of these victims were not properly restrained at the time of their deaths 42 motorcycle deaths-a drop from the 62 Massachusetts motorcycle rider fatalities in 2007 75 pedestrian deaths

Nationally, the US Department of Transportation reported a 9.7% decline in traffic deaths between 2007 and 2008. 37,261 people died in US traffic accidents last year, with substantial drops in nearly every major category, including light truck occupant fatalities and passenger car occupant deaths.

US Transportation Secretary Ray LaHood also noted that the country had implemented major steps to improve road and vehicle safety, increase seat belt use, and decrease the number of drunk driving accidents.

More 2008 US Traffic Statistics:
2,346,000 injuries 11,773 alcohol impaired-related fatalities 5,811,000 traffic accidents 677 large truck deaths
5,290 motorcycle fatalities 4.378 pedestrian deaths 716 pedalcyclist fatalities 23,000 large truck injuries 96,000 motorcycle injuries 69,000 pedestrian injuries 52,000 pedalcyclist injuries
While the overall decline in traffic deaths is of positive note, there are still too many people getting hurt or dying in Massachusetts traffic crashes. In many instances, an injured person’s own motor vehicle or medical insurance is not enough to cover all recovery costs, medical expenses, and lost wages.

Mass. traffic deaths drop 16 percent in 2008, Boston.com, July 3, 2009
Overall Traffic Fatalities Reach Record Low in 2008, NHTSA
Related Web Resources:
View State-by-State 2008 Data, NHTSA
2008 Traffic Safety Annual Assessment- Highlights (PDF)
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An 88-year-old Canton driver that is accused of striking and killing a child pedestrian is contesting the criminal charges that were filed against her. Ilse Horn allegedly hit Stoughton resident Diya Patel on Saturday on June 13 while the 4-year-old was crossing Route 138 on a scooter with her grandfather and siblings.

Horn was charged with motor vehicle homicide by negligent operation for the Stoughton pedestrian accident, and the state of Massachusetts has revoked her driver’s license. The Registry of Motor Vehicles considers her an “immediate threat.”

Horn has been found responsible for causing five car accidents since 1982. The senior driver was also driving when her husband was killed in a 1992 auto collision.

Charles Gunther Horn died of “massive crushing chest injuries” after Horn’s vehicle “drifted” off Highway 101 in California, striking a sign post and tree branches before flying over Highway 169 and “overturning.” The coroner’s report indicates that Horn fell asleep. No criminal charges were filed against her.

Since her husband’s death, Horn was found at fault for two Newton motor vehicle crashes that occurred within a 3-month period in 2001. In 1995, she was cited for speeding in West Roxbury.

The tragic accident is once more calling attention to state Senator Brian A. Joyce’s efforts to push forward legislation requiring Massachusetts drivers, 85 and older, to pass a comprehensive test every 5 years. There is growing concern that many older drivers may have lost the alertness and quick reflexes needed to prevent a motor vehicle accident from happening.

For older seniors, it can be hard for them to accept that the time may have come for them to surrender their car keys. Not only must they deal with losing some of their independence, but giving up/losing their driving privileges could impact their living situation and their ability to see friends or take part in certain activities.

Regardless, it is important for drivers of all ages to make sure that they are able to safely operate their motor vehicles on Massachusetts roads so that no one gets hurt-otherwise, the motorist could be held liable for personal injury or wrongful death if a tragic traffic accident occurs.

Senior was driver in husband’s fatal crash, Boston Herald, June 26, 2009
Woman, 89, charged in accident that killed girl, 4, Boston.com, June 16, 2009

Related Web Resources:
Why Giving Up the Car Keys Is Such a Loaded Issue, Caring.com
Time for talking is over for old drivers, Boston Herald, June 19, 2009
Senator Joyce talks about his bill to test elderly drivers, Audio.Weei.com, June 15, 2009 Continue reading

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Last Thursday, the Massachusetts Senate included and approved in its version of the state budget an amendment banning Internet use while driving-this includes text messaging, emailing, or surfing the Web while operating a motor vehicle. Bus drivers, train operators, trolley drivers, and the drivers of other public transit vehicles would be banned from holding a cell phone while driving and would only be allowed to carry the device for emergency purposes. Transit drivers that violate the ban would be fined $500. Drivers would have to pay an insurance surcharge, in addition to a $75 fine.

The amendment is intended to prevent Massachusetts motor vehicle accidents from occurring because motorists are texting while driving and comes one day after Rebecca Solomon, a Methuen teen driver, died in a single-car collision. Police are trying to determine whether the 18-year-old high school senior was texting while driving.

Earlier this month, the MBTA imposed an emergency cell phone ban on its vehicle operators following a multi-trolley crash occurred right after the trolley driver had been text messaging with his girlfriend. Nearly 50 people were injured in the Boston MBTA accident.

According to a study commissioned by Vlingo, a Cambridge, Massachusetts speech-recognition technology maker for cell phones, 1 in 4 US drivers say they text message while driving, with younger drivers more likely to engage in this form of distracted driving behavior than their older counterparts. Among those surveyed:

• Almost 60% of teen drivers say they text and drive.
• 49% of 20 – 29 year-olds send and receive texts while operating a motor vehicle.
• 13% of motorists over 50 text while driving.
• 83% of the 4,816 online survey participants think texting while driving should be banned.

Time and again, texting while driving is proving to be a dangerous habit that can cause serious motor vehicle injuries or deaths. Teenagers that text while driving are a high-risk group when it comes to getting involved in or causing a Boston motor vehicle crash. A new Nielsen study says the average teen sends almost 80-text messages daily. The habit, which even adults find hard to break, can prove fatal when an inexperience teen driver is texting while behind the steering wheel of a car.

Massachusetts Senate Budget Bans Texting while Driving, Insurance Journal, May 26, 2009
Mass. high school student dies in car crash, Telegram.com, May 21, 2009
Driving While Texting Still Popular Despite Bans: Survey, VOXEO, May 20, 2009
Related Web Resources:
Cell Phone Driving Laws, GHSA
National Safety Council
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In Massachusetts, two serious Brockton motor vehicle accidents have left its victims with injuries. On Friday morning, two sisters from East Bridgewater got hurt when their compact car was involved in an accident with a tractor-trailer.

19-year-old Esther Martinez sustained a fractured skull, two spinal fractures, brain contusions, serious facial factures, and a broken collar bone. She had 32 stitches on her head. As of Monday, she was reportedly in critical condition at Brigham & Women’s Hospital. Her sister, 21-year-old Cristina Martinez, sustained a broken elbow and wrist.

The deadly Massachusetts tractor-trailer crash happened on Route 24 northbound close to exit 18. The sisters’ vehicle was totaled during the traffic collision. Fortunately, both women were using seat belts at the time of the accident.

In another Brockton traffic accident, a 60-year-old Massachusetts woman suffered serious injuries in a pedestrian accident when she was struck by a car on Monday. The pedestrian was pushed under the vehicle of another driver, whose vehicle was rear-ended by the first vehicle.

NHTSA: 2008 Motor Vehicle Crash Deaths
Motor vehicle crashes continue to be a leading cause of death in Massachusetts and the rest of the country. The US Department of Transportation, however, had some good news to report this week when it issued its 2008 motor vehicle crash death toll.

With 37,313 traffic fatalities occurring last year, there hasn’t been so low a motor vehicle fatality total since 1961 when there were 36,285 deaths. Massachusetts, unfortunately, was named prominently in the update as having the lowest state ranking for seat belt use. While the national average for seat belt use is 83%, Massachusetts’s 68.8% is low, down by 1.9% from 2007.

In Massachusetts, as in 21 other US states, police officers can’t stop a motorist for not using a seat belt. Police can only ticket drivers for not wearing safety belts if they apprehended them for other reasons.

Regardless of whether or not you were using a seat belt, if you were injured in a Massachusetts car collision, bus accident, truck crash, bicycle accident, or pedestrian accident because another motorist or another party was negligent, you have legal options for recovery.

Woman hit by car outside Brockton store flown to Boston hospital, Wicked Local, April 7, 2009
East Bridgewater sisters recovering after serious crash in Brockton, Wicked Local, April 6, 2009
Mass. ranks last again in US for use of seat belts, Boston.com, April 7, 2009
U.S. Transportation Secretary LaHood Announces Record Low Traffic Deaths, Improved State Seat Belt Use, NHTSA, April 6, 2009
Related Web Resources:
Early Estimates of Motor Vehicle Traffic Fatalities in 2008, NHTSA, March 2009 (PDF)

Seat Belt Use in 2008, NHTSA (PDF)

Executive Office of Transportation , Mass.gov Continue reading

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Residents in Brockton are still reeling following Tuesday’s Massachusetts pedestrian accident that killed 3-year-old Christopher Mitchell and seriously injured his mom and two siblings.

The family was crossing North Main Street when they were struck by a black Toyota minivan. As of early this morning, Cindy Mitchell, 28, was reported to be in fair condition at Massachusetts General. Her two other children, 4-year-old Valentino and 6-year-old Angel, were reportedly in good condition.

The Plymouth County District Attorney’s Office says the driver of the minivan, Pierre R. Jeudy is charged with motor vehicle homicide and other charges. The Brockton motorist’s license has been revoked. In the past, Jeudy was cited for minor motor vehicle moving violations, including two citations for failure to stop.

Losing someone you love or watching them suffer as they cope with the losses and injuries they’ve sustained in a Massachusetts traffic accident is hard enough without having to worry about where you’ll get the financial resources to cover medical costs, funeral expenses, recovery costs, lost wages, and other damages. Personal injury recovery or wrongful death compensation can give you the funds you need to help you and your family obtain the services that you need.

While we cannot control the way another motorist drives, there are steps that adults can take to act defensively to prevent Massachusetts pedestrian accidents:

• Cross at pedestrian crossings • Look in every direction to make sure no cars are approaching • Make sure you have the right of way • Stop when you reach a driveway and check that there are no cars coming in or going out • If you are crossing the street with a child, hold his or her hand.

That said, Massachusetts pedestrian accidents can still happen despite our best efforts to prevent them because another party was negligent.

Brockton area residents mourn for 3-year-old killed in pedestrian accident, Wickedlocal.com, April 2, 2009
Van driver that struck Brockton family charged in fatal accident, Boston Herald, April 1, 2009
3 children, woman struck by van in Brockton, Boston Herald, March 31, 2009
Pedestrian safety, Raising Children Network

Related Web Resources:
National Highway Traffic Safety Administration

Pedestrian and Bicycle Safety, FHWA
Pedestrian Injuries to Young Children
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New information in the February 2009 issue of the Journal of Neurosurgery: Spine offers convincing evidence that the combined use of seat belts and air bags is the best protection that auto accident victims can have from sustaining spine fractures. The findings are based on an examination of over 20,000 motor vehicle crash victims who were treated in Wisconsin hospitals between 1994 and 2002.

According to the study:
• The number one cause of spinal cord injuries is motor vehicle accidents.
• Becoming involved in an auto crash in a vehicle equipped with air bags and while using a seat belt lowered the chances of an accident victim sustaining a spine fracture.
• Just 14% of the drivers and front seat passengers who were victims of motor vehicle crashes had the protection of both a seat belt and an air bag.
• 38% of the accident victims were not using seat belts.
• Out of the 2,530 victims with spine fractures who were part of the study, 64 of them died in hospitals.
• Kinds of spine fractures: 1,067 of them were cervical fractures, 1,034 were lumbosacral fractures, and 565 were thoracic fractures.
• Auto accident victims that were using an air bag and not a seat belt had a greater chance of sustaining a severe thoracic spine fracture.

Evidence from the study was based on information about air bag and seat belt usage combined with spine fracture incidences. Some 20,276 auto accident victims were part of the study. All of the individuals had be either front seat passengers or drivers, 16 years of age or older. They also had to not have been thrown from the vehicle during the crash, and complete ICD-9CM data had to be provided.

One of the authors of the study, Marjorie C. Wang, MD, MPH from the Department of Neurosurgery, Medical College of Wisconsin in Milwaukee, says that federal and state governments should dedicate more resources toward making sure that motor vehicle occupants use air bags and seat belts together.

Spinal Fractures
A spinal fracture is when at least one vertebrae in the back or neck breaks. While many spine fracture cases are not serious enough to warrant surgery, more serious spinal fractures can result in spinal cord injuries, paralysis, severe pain, and death. Failing to treat existing fractures can lead to progressed deformity and the ability to live a healthy, normal life.

Research: Air Bags/Seat Belts Important in Preventing Spine Fractures, Huliq News, January 26, 2009
Spinal Fractures, Spine Universe.com

Related Web Resources:

Journal of Neurology: Spine

Spinal Cord Injuries, Medline Plus Continue reading

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