Wrongful Death

April 14, 2012

Massachusetts Auto Defect, and Not Drunken Driving, May Have Been Cause of Deadly Pittsfield Crash

According to the lawyer of a Pittsfield man charged with motor vehicle homicide while under the influence of drugs, driving to endanger causing serious bodily injury, and driving under the influence of alcohol, the deadly Massachusetts car accident that claimed the life of 25-year-old Michael F. Ashline may have actually been caused by an auto defect. Douglas F. Guinan’s defense attorneys want Hyundai Motor America to provide them with documents related to malfunctions involving the electronic steering system of the 2011 Sonata.

Guinan’s legal team contends that the head-on 2010 Pittsfield auto crash that killed Ashline is not the first time that a 2011 Sonata suddenly pulled left or turned without the driver actually instigating this action. Pointing to a recall of Hyundai vehicles that the automaker had issued (around the time of the accident) due to pulling and vibration in the steering wheel, the defense believes that it was this type of safety issue that caused Guinan’s accident.

The automaker has agreed to give over engineering test reports related to this safety issue to the defense. However it turned down other elements of the request, such as access to client complaints prior to the recall. Meantime, Guinan’s lawyer believes there is evidence showing that what hospital staff had thought was intoxication at the time of the crash was actually the result of a traumatic brain injury. Guinan and the driver of the vehicle that Ashline was a passenger in, Nichole A. Rudd, were both seriously injured in the Berkshire, Massachusetts car accident.

Auto Products Liability
There are instances when an auto defect, and not driver negligence, is the cause of a deadly car accident. For example, a man convicted of killing three people in a 2006 car accident was set free in 2010 when it was discovered that Toyota sudden acceleration was the actual cause of that deadly collision.

Pursuing Massachusetts auto products liability recovery from an automaker can be an intimidating and arduous process, which is why you should not to try to do this without experienced legal help.

Defense lawyers eye auto defect in fatal crash, The Berkshire Eagle, April 10, 2012

Hyundai

More Blog Posts:
Massachusetts Cyclist Killed while Riding Recalled Cervélo Bicycle, Mechanical Failure Likely, Boston Injury Lawyer Blog, April 11, 2012

NHTSA Seeks to Modify Keyless Ignition Systems to Minimize Safety Risks, Boston Injury Lawyer Blog, March 22, 2012

Is CPSC’s SaferProducts.Gov Database Preventing Boston Injuries?, Boston Injury Lawyer Blog, March 17, 2012 Continue reading

April 11, 2012

Massachusetts Cyclist Killed while Riding Recalled Cervélo Bicycle, Mechanical Failure Likely

by Altman & Altman

A cyclist from Rehoboth, Massachusetts-a town in Bristol County near East Providence-was killed earlier this week while riding a Cervélo bicycle model that, according to reports, had previously been recalled by the U.S. Consumer Product Safety Commission (CPSC). The 58-year-old man had apparently suffered head trauma and was pronounced dead shortly after he was transported to Rhode Island Hospital. The crash is still being investigated by the MA State Police, but the cause is believed to be a mechanical failure of the bicycle.

Although reports do not specify the model of bike the man was riding, the CPSC had announced a voluntary recall of about 650 defective 2005 R2.5 road frames in 2006 due to problems undetected during testing. According to the press release, “The bicycle frames can loosen or separate, causing the rider to lose control, fall and be injured.” The defect is explained in more thoroughly on the website of Cervélo Cycles, Inc., a distribution company based in Toronto, Canada.

While we’re on the topic, I think it’s important to distinguish between a “voluntary recall” and a “mandatory recall.” Before February 2010, when new rules went into effect under the Consumer Product Safety Improvement Act, there was really no such thing as a mandatory recall and voluntary recalls were the only real means for the government to pull defective products off the shelves. Since the term “voluntary recall” can be confusing, Consumer Reports wrote an excellent summary of its real meaning and consequences:

April 10, 2012

MBTA Wants $100,000 Limit on Personal Injury Lawsuit Awards

by Altman & Altman

Clearly, we’re all aware that the MBTA is in dire straits and is desperately trying to cut costs. The issue of cutting T services and/or hiking T fares has been the most prominent issue, which is reasonable given that such changes would impact a great number of Massachusetts residents on a daily basis. But another less-public issue revolves around tort reform, an issue that is less broadly applicable, but may cut more deeply into some individuals’ lives. And, of course, this is a particularly relevant issue for personal injury lawyers like us.

In short, the MBTA is seeking to cap personal injury awards at $100,000 in an effort they say could save the agency $4 million per year. What some people might not realize is that serious MBTA injuries have been considered unique, subject to an exception to the $100,000 cap on personal injury awards that are imposed on similar judgments against all other state agencies.

Hiking fare evasion fines? OK, reasonable. Moderate increase in T fares? Controversial, but still logical. Limiting the recovery of seriously injured passengers with life-changing injuries? Perhaps in a league of its own. According to reports, this issue was scheduled to be heard by the joint Transportation Committee this past week.

April 6, 2012

How to Prevent Boston Child Deaths by Heatstroke

by Altman & Altman

With the summer months approaching, it is important to remember that leaving a child in a car for an extended period of time can result in hyperthermia, which can lead to death by heatstroke. While it may seem common sense for a driver to make sure that no one is left in a vehicle, forgetfulness or distraction has been known to cause this tragic accident to happen.

In 2011, there were at least 33 child heatstroke deaths involving motor vehicles reported. There were at least 49 child hyperthermia fatalities in 2010. Numerous children have also survived heatstroke in hot vehicles only to suffer from blindness, hearing loss, or permanent brain injury as a result. Our Boston injury lawyers represent families whose children were hurt or died because of another party’s negligence. Remember that the person or entity responsible doesn’t need to have purposely intended to cause the injury or death.

Sometimes, a child ends up locked in a car because the vehicle was left unlocked and he/she managed to enter it while unsupervised. A harried parent may simply forget. There have also been reported incidents of transport vehicle professionals, such as the driver of a day care van, mistakenly thinking that all of the child passengers have been safely deposited at the facility or back home and failing to notice a sleeping toddler in the back seat.

To prevent Massachusetts heatstroke deaths, the National Highway Traffic Safety Administration wants to remind you to:

• Never leave a child in a vehicle without supervision.
• Always check all the seats before locking the door and walking away.
• If a child is being transported to a childcare provider, make sure that provider knows to notify you if your son/daughter fails to make it there unless you’ve already let them know that he/she will be absent.
• Put your purse or briefcase or laptop in the back next to your child so that you have an extra reason to look back before you get out of the car.
• Lock the vehicle so that a child can’t enter and accidentally get locked in without anyone’s knowledge.

NHTSA Unveils Campaign to Prevent Child Heatstroke Deaths in Cars, NHTSA, April 3, 2012

More Blog Posts:
Are Massachusetts Schools Doing Enough to Prevent Student Violence?, Boston Injury Lawyer Blog, February 29, 2012

Boston Personal Injury Lawsuit Blames Prenatal Exposure to DES for Breast Cancer, Boston Injury Lawyer Blog, September 29, 2011
Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012 Continue reading

April 5, 2012

Fall River Man Dies, Woman Injured, in Motorcycle Crash

by Altman & Altman

A young man from Fall River, Massachusetts, was killed yesterday following a motorcycle crash in Dartmouth, Massachusetts at the intersection of Milton and Sharp streets. Thirty-two-year-old Stephen Adams and his 32-year-old female passenger were transported to Rhode Island Hospital, both in critical condition after the crash. Adams died shortly after. Although the cause of the crash has not been determined, two cars were found in the road by officers; the drivers and passengers apparently were uninjured.

Less than a month ago, we commented on another serious crash between a motorcycle and a car in Allston. There, we wrote that Massachusetts requires all motorcyclists to wear helmets (unlike some states) and noted that national rates of wearing helmets have increased. We currently have no reason to believe the man and his passenger in the present case were not wearing helmets.

With more motorcyclists on the road in the upcoming warmer months, we urge bikers and car drivers to use even greater care on the roads. If you have been injured in a motorcycle crash, or a loved one has been killed in a motorcycle crash, contact a skilled Boston and Cambridge motorcycle accident attorney as soon as possible to determine your potential for recovery in a personal injury lawsuit or wrongful death suit.

April 4, 2012

Peabody Man Dies after Falling from Window of Danvers Nursing Home

by Altman & Altman

A 45-year-old Peabody man died today after falling from the window of a nursing home in Danvers, Massachusetts. According to reports, James Hussien fell from a second-floor window at the Hunt Nursing and Rehabilitation Center. The accident is under investigation.

This is an incredibly tragic accident and the specifics-for example, fault or negligence by any party-remain to be seen. Our sympathies are with the family of the Mr. Hussien.

Peabody man dies after fall from Danvers nursing home, Boston.com, April 4, 2012

March 29, 2012

Wrongful Death?: Shooting of Trayvon Martin by Neighborhood Watch Captain Captures the National Spotlight

by Altman & Altman

Answers are still being sought and an arrest demanded in the fatal shooting of Trayvon Martin on February 26. The deadly altercation between the black 17-year-old and a white 28-year-old neighborhood watch volunteer George Zimmerman in a gated Florida community has people wondering how big of a role racism has played in both the shooting and now the lack of an arrest. It is not known at this time whether Martin’s family intends to file a wrongful death claim.

Martin was unarmed at the time when, when walking from a convenience store to the home of his dad’s fiancé, he was shot by Zimmerman who was patrolling the neighborhood. It was raining and Martin had pulled the hood of his sweatshirt over his head. His girlfriend, who had been talking to him on his cell phone right before the shooting, says that he told her someone was following him.

Zimmerman, who called 911 and reported seeing “a suspicious” person, had been told by the dispatcher to stay in his vehicle. Yet, for whatever reason, he chose to exit his vehicle. According to police, he claims that this is when Martin attacked him, pushing his head into the ground and punching his nose. Zimmerman then pulled his weapon and shot Martin. The neighborhood watch volunteer said he acted in self-defense. He has not been arrested or charged with any crime.

Civil rights leaders and people who use social media have been speculating that Zimmerman would have been arrested by know if he was black and Martin had been white.

In a case such as this, any criminal proceedings are separate from a civil case in the event that Martin’s family member decides to file for wrongful death. Did Zimmerman make an honest mistake, truly acting in self-defense, or act with malice? Was he improperly trained as a neighborhood watch volunteer, thereby increasing the risk that this type of deadly incident might occur? Who is at fault that Zimmerman disregarded commands by the dispatcher to stay put?

In Massachusetts, our Boston injury lawyers represent victims and their families in cases involving excessive use of violence by law enforcement officers, security guards, and others tasked with his role. There may be more than one party that should be held liable.

What is the Role of a Neighborhood Watch Member?, Manassas Patch, March 28, 2012

Trayvon Martin Case: Timeline of Events, ABC News, March 28, 2012

More Blog Posts:
Westport Cop Settles Case Alleging Bristol County, Massachusetts Excessive Use of Force, Boston Injury Lawyer Blog, August 9, 2011

Massachusetts Personal Injury: Two Women Sue Barnstable County Sheriff’s Office Over Dog Attack by K-9, Boston Injury Lawyer Blog, May 27, 2011
Wrongful Death: Parents of Easton, Massachusetts Man Fatally Shot by NY Police Officer File Lawsuit, Boston Injury Lawyer Blog, April 23, 2011 Continue reading

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 23, 2012

New Bedford Bicyclist Hit and Killed by FedEx Truck

by Altman & Altman

With record-breaking temperatures yesterday, Massachusetts residents poured outside to enjoy the sunshine and summer temperatures. Walkers, runners, bicyclists, rollerbladers, picnickers, and beach-goers (including kids playing hooky from school) were seen in droves. Unfortunately, the day did not end as gloriously for all.

According to news reports, on Wednesday evening around 6pm, 58-year-old Cynthia Pacheco of New Bedford was hit and killed by a FedEx freight truck in New Bedford Industrial Park. The FexEx truck was making a left-hand turn when it hit her. The incident is still being investigated. Police could not confirm whether or not Pacheco was wearing a helmet.

With virtually no protection against guardrails, trees, fences, cars, and trucks, bicyclists can suffer minor injuries like bumps and bruises to serious injuries such as broken bones, head injuries and even fatalities. If you or a loved one has been injured or killed in a bicycle accident in Massachusetts, you should contact an experienced MA bicycle accident attorney to determine whether you may be able to financially recover.

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