Driving Hazards

September 28, 2011

Driver in Head-On Collision Pleads Guilty to Driving to Endanger

Danielle Morin, a 23-year-old woman, was given a suspended jail sentence and probation after pleading guilty to causing a March head-on collision in Attleboro. In the Attleboro District Court, Morin was given a two-year jail sentence, which was suspended for two years with probation by Judge Daniel O’Shea after she had pleaded guilty to driving to endanger.

The March 5 head-on collision occurred around 9:30 p.m., when a passenger in the rear seat of Morin’s car allegedly put her hands over Morin’s eyes, which caused her to lose control of the car and crash into an oncoming car. The passenger, Latoya Garnes, 26, who allegedly covered Morin’s eyes, is scheduled to face trial on October 5. She pleaded innocent to assault and battery by means of a dangerous weapon, being disorderly, possession of an open container of alcohol and malicious damage. Police found a bottle of vodka, an open bottle of whiskey and a can of beer in the back seat of the vehicle. Morin, the driver, did not have alcohol on her breath and was not charged with drunken driving, according to court records. Morin was found responsible on civil charges of failing to drive within marked lanes and driving with an open container of alcohol, which were filed by the court.

O’Shea additionally ordered Morin to attend the Brains at Risk Program, which is a program to promote awareness about traumatic brain injuries and promote responsible driving. The Brian Injury Association of Massachusetts uses video, graphics, and group discussions as learning tools to demonstrate the importance of choices made by drivers and the potential impact of irresponsible driving.

The accident injured all three people in the other car. Jessica Coburn, 32, of Attleboro, and her 13-year-old daughter Janessa suffered from serious injuries while Scott Wilkins, 38, of Attleboro, had an arm injury. Coburn spent approximately a month in the hospital and another three months in a wheelchair from hip, leg and chest injuries.

If you have been involved in a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Source:

Driver pleads guilty to causing head-on crash, The Sun Chronicle, September 28, 2011
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August 18, 2011

Summer Traffic Woes Continue, Cross-country Drive Turns Fatal

by Altman & Altman

A mother from Massachusetts was driving her six children from Massachusetts to the West Coast for a family gathering when she lost control of her vehicleearly in the morning on August 2nd in Beaver Creek, Minnesota. Pamela Roper, a 43-year-old mother from Massachusetts, admitted to falling asleep at the wheel around 4 a.m. near Exit 5 on Interstate 90. Minnesota State Patrol established that the vehicle went off of the road, through a ditch, and hit an embankment.

Her 14-year-old teenage son, Daniel Davis, was pronounced deceased at the scene of the accident. He was not wearing his seatbelt. Roper and three of her other children were taken to the hospital with serious injuries. Their ages are 11, 9, and 7. Two of her other children were treated at the scene of the accident, aged 19 and 4.

Minnesota State Patrol commented that the accident was “a sad reminder of the dangers on the road”. Minnesota State Patrol Captain Brian West confirmed that in addition to Roper feeling fatigued, not everyone, including the teenager, was wearing their seatbelt. He commented that wearing a seatbelt on the interstate is especially important: “If you are, you’re going to survive that crash…If you’re not, especially at highway speeds like 70 miles per hour, your chances of death or serious injury are significantly increased.” Despite the fact that this portion of the interstate does not have frequent traffic, many accidents occur in this rural area. “A majority of the crashes that occur in Minnesota that result in fatalities occur in rural Minnesota…So, even though we may not always have a lot of traffic, some people may think there’s no need for the belt because it appears to be safer roadways,” said West.

Roper has been released from the hospital but her three children remain in critical condition.

The National Highway Traffic Safety Administration (NHTSA) reports that seatbelts save over 13,000 lives per year. The NHTSA provides the following tips on the importance of seatbelt safety:

• Wearing your seatbelt is the best way to protect yourself in an accident • Airbags do not replace seatbelts • To buckle-up correctly, the lap belt and shoulder belt should be secure across the pelvis and rib cage • In order for a seatbelt to work correctly, it must fit correctly; belt extenders or new shoulder belts are available from car dealers and manufacturers.
• Everyone should wear a seatbelt despite age or condition. Pregnant women, obese, and eldery, can all effectively buckle-up safely.

The NHTSA also advises frequent or potentially fatigued drivers with the following:

• Do not start your journey tired.
• Do not continue to drive if you become tired. Pull over to a safe stop as soon as possible.
• For long drives, plan at least 15-minute breaks every two hours.
• Opening the window for fresh air or turning up the radio are only sufficient until you find a place to pull over.

If you have been involved in a car accident, it is in your best interest to contact an experienced car accident lawyer.

Source:

Fatigue, Seatbelts Factor In Fatal I-90 Crash , Keloland.com, August 2, 2011
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June 17, 2011

Drunk Driver Crashes Stolen Car After Police Chase on Interstate 93

by Altman & Altman

After a high-speed chase on Interstate 93 South, Frank S. Ceccaroni Jr., 47, from Holliston, is being held without bail. It will be decided if he is a danger to the public in hearing on Monday. In the Woburn District Court, Judge Paul Yee charged Ceccaroni with his sixth offense for driving under the influence of liquor, receiving a stolen vehicle, receiving stolen property, four counts of refusing to stop for police, driving to endanger, driving with a suspended license due to previous drunk driving charges, driving an unregistered car and driving an uninsured car. In addition to these charges, he was cited for attaching plates, speeding and for violating marked lanes.

At 1:15 a.m. on Wednesday morning, State Trooper Peter Stanley pulled over Ceccaroni in a construction zone for swerving between lanes and for almost hitting another vehicle on I-93 South in Stoneham. According to Stanley, Ceccaroni was showing signs of intoxication. The trooper then ran the license plate number and found that the plate belonged to a Dodge Caravan. Stanley noticed the vehicle´s brake lights going on and off while he was checking his license information and Ceccaroni then drove off extremely fast. He reportedly almost hit the road workers and police officers who were directing traffic through the construction zone. According to Middlesex assistant district attorney Amanda Rowan, as he drove off, he was “exceeding speeds of more than 130 mph.”

A high-speed chase ensued and ended in Medford when Cecceroni crashed the vehicle into a trailer truck and was subsequently dragged underneath the trailer truck for a short distance before the truck driver was able to stop. The rescue team had to remove the roof off of the vehicle to extricate Cecceroni. The truck driver was not injured. Rowan commented: “Fortunately this ended with no one, other than the defendant, suffering any injuries…It was an extremely dangerous event.”

State police later confirmed that the car he was driving, a red 2005 Infiniti, was stolen on June 1 from Mass Auto Exchange in Framingham. Police also confirmed that the license plate was stolen from a green Dodge Caravan that was parked at Massachusetts General Hospital when the plates were stolen.

In his arraignment on Wednesday, Rowan asked the judge to hold Ceccaroni as a danger to the public. Lisa Kavanaugh, Ceccaroni’s lawyer, pleaded not guilty on his behalf and asked that the judge send Ceccaroni to Bridgewater State Hospital for evaluation and alcohol abuse treatment. She cited the Commonwealth´s general laws, Section 35 in Chapter 123, in which the definition of an alcoholic is one who has lost control and their livelihood due to their dependency.

Judge Yee instead ordered that Ceccaroni be held without bail at Middlesx Jail in Cambridge until his hearing on Monday. Our office has handled numerous cases where an individual is injured as a result of a police chase. Often times an innocent bystander can sustain the most significant injuries. If one is injured as a result of a police chase many of the same benefits that they are ordinarily entitled to remain, but depending on the circumstances the possibility exists for a potential uninsured motorist claim or an underinsured motorist claim. Some factors that will influence what type of claim can be brought are whether the vehicle involved in the chase was stolen, whether the vehicle was insured at the time of the chase, what type of automobile you or someone in your household had at the time of the accident.

If you have been involved in a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Sources:

I-93 chase ends in crash, OUI arrest, The Boston Globe, June 9, 2011
Holliston man charged with Framingham car theft, drunken driving, The Milford Daily News, June 9, 2011
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May 25, 2011

Breathalyzer Test Records Not Considered Testimony In Massachusetts Supreme Judicial Court for Convicted Drunk Drivers

by Altman & Altman

The Massachusetts Supreme Judicial Court has ruled that prosecutors no longer have to ask a technician to testify that the breathalyzer machine was functioning correctly in drinking and driving cases. In the Commonwealth v. Zoanne Zeininger, SJC-10758, the state’s highest court refuted claims by Zoanne Zeininger, who had a breathalyzer test administered and was then convicted of operating a motor vehicle under the influence, that the certification of the machine and maintenance records was testimony and thus the technician who had prepared them should be cross-examined by her defense.

Zeininger´s defense argued that the Constitution´s Sixth Amendment gives people the right to cross-examine the witnesses against them and also referred to a United States Supreme Court case, Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), in which justices ruled that drug lab experts should testify because drug analysis certificates were used as testimony. The Court resolved that it was a violation of the Sixth Amendment right of confrontation for a prosecutor to submit a drug test report without the lab technician´s testimony.

The Massachusetts Supreme Judicial Court also referred to a section of the Melendez-Diaz case in which it admitted that “documents prepared in the regular course of equipment maintenance may well qualify as nontestimonial records.” Thus, as written by Justice Robert Cordy, in Commonwealth v. Zoanne Zeininger, the court ruled that the “records are non-testimonial, and their admission without the live testimony of the technician who prepared them did not violate the confrontation clause of the Sixth Amendment.” They also noted that such machine and maintenance records were solely office records, in order to “guarantee, internally, as a matter of course, and when necessary, in court, the accuracy and standardization of all breathalyzer testing across the various police departments of the Commonwealth.”

David E. Sullivan, Northwestern District Attorney, commented “I am very pleased that the SJC accepted our argument that requiring breathalyzer technicians to testify in every OUI trial is wholly unnecessary.”

If you have been in a Massachusetts car accident involving drinking and driving, it is in your best interest to contact an experienced a Massachusetts car accident lawyer.

Source:

SJC rejects challenge to breathalyzer test certification, Boston Globe, May 24, 2011

Car Plunges into Home and Catches Fire in Williamstown

by Altman & Altman

Charges are pending for 29-year-old Timothy Tatro from Pittsfield as an investigation is underway as to why he drove his van off of the road and crashed into a house on Route 7 in Williamstown. Tatro´s vehicle drove approximately 178 feet off of the road at a large curve, onto the front lawn, and into the house´s front bedroom. The crash then quickly ignited a fire in the house and Tatro was rescued before he was harmed by the fire.

The two residents of the house were home but out of harm´s way in the living room. Authorities explained that everyone involved is very fortunate, given the severity of this situation. Williamston Police Chief Kyle Johnson confirmed “There were two people in the home. I’m told they were both away in the living room when the car hit, and I think it jolted one of them out of their seat.”

Donna Sampson, a neighbor who witnessed the house catching on fire explained that the house was quickly engulfed in flames after the car hit the house. She said that the accidents on this road are usually coming from the opposite direction of the curve, whereas this vehicle was heading southbound.

Although the cause of this crash is still under investigation, given the circumstances, distracted driving could have played a role in this one-car accident. Distraction.gov, the Official US Government Website for Distracted Driving, reports that in 2009, approximately 448,000 were injured in car accidents due to distracted driving, meaning that 20% of all injury crashes involved distracted driving.

Distractions that can inhibit driver ability are:

• Talking on a cell phone (even if it is hands-free)
• Texting • Eating or drinking • Talking with passengers • Grooming • Reading (including maps)
• Using a PDA or navigation system • Watching a video • Changing the music or radio station

If you have been involved in a Massachusetts car accident or your personal property has been damaged due to a car accident, it is in your best interest to contact a Massachusetts car accident lawyer.

Sources:

Car crashes into home, bursts into flames, WNYT/CNN, May 18, 2011

Statistics and Facts About Distracted Driving, Distraction.gov Continue reading

May 12, 2011

Keeping Safe on the Roads; May is National Bike Safety Month

by Altman & Altman

May is National Bike Safety Month. Bike fatalities and bike accidents with other vehicles plague the whole of Massachusetts in cities, on college campuses, and in rural areas alike. Because bicyclists have very little protection against cars or other large vehicles, the effects are more often than not, very severe. Unlike riding in a car, where the driver and passengers have protection such as seat belts, airbags, and other protection, bicyclists´ only protection is a helmet.

The National Highway Traffic Safety Administration (NHTSA) reports that in 2009 alone, 630 cyclists were killed in the United States. In addition to this, 51,000 were injured in motor vehicle traffic accidents. Cyclist deaths thus made up 2% of all motor vehicle accident fatalities. Approximately 70% of all bicycle fatalities happen in urban centers where there are more cars and bikes on the road. The NHTSA also reports that bicycle helmets are 85% to 88% effective at preventing head injuries and death. However, the statistics show that less than 25% of all bicyclists wear a helmet.

Here in Massachusetts, the Massachusetts Department of Transportation (MassDOT) and the Massachusetts Bicycle Coalition (MassBike) have joined forces during National Bicycle Month to create Bay State Bike Week, from May 14th to 20th. Throughout the week, statewide events will be held to celebrate bicycle transportation and to promote bike safety.

In order to ensure a safe ride and to help prevent collisions with cars, here are some valuable safety tips:

• Always wear a helmet.
• Know the rules: just like motor vehicles, bikes must stop at stop signs and red lights, and only proceed when the light is green.
• Make sure your bike is in good condition before riding, especially if it has been neglected during the winter. Check the brakes, wheels, and tires.
• Always keep an eye out for open car doors, especially on narrow or busy streets.

If you have been involved or injured in a bicycle accident in Massachusetts, it is in your best interest to contact a Massachusetts bicycle accident lawyer.

Sources:

Bay State Bike Week, Massachusetts Department of Transportation
Bicycles, National Highway Traffic Safety Administration
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May 5, 2011

Vehicle Hit and Rolls Over on Route 9

by Altman & Altman

A severe two-car accident on the Boston Turnpike/Route 9 in Shrewsbury yesterday resulted in an overturned vehicle and the temporary closure of Route 9 Eastbound. A 2008 Subaru Forester, driven by Antonia Cappuccio who is 61 and from Jefferson, rolled over when she was hit by a 1995 Lincoln Continental driven by Mary Iannotti, age 84, from Worcester. Cappuccio and Iannotti both hit the center divide and the Subaru continued to rollover. The Lincoln drove off of the road to the right.

Each driver suffered injuries and were both taken to UMass Medical Center in Worcester. The two passengers in the Subaru were also taken to the hospital, one of which was a young child
who was taken to be evaluated.

The cause of this accident continues to be under investigation by an accident reconstruction team and the Shrewsbury Police.

Rollover accidents can occur in many different circumstances. The National Highway Traffic Safety Administration warns that there is a greater rollover risk if:

• The driver is inexperienced or fatigued • The driver is distracted • The tires are not the correct size for the vehicle • The tires are improperly inflated
• Cargo or passenger weight surpasses the recommended weight found in the vehicle´s user manual.

If you have been involved in a Massachusetts car accident, it is advised that you contact an experienced Massachusetts car accident lawyer.

Source:

Major accident snarls Route 9 in Shrewsbury, The Shrewsbury Lantern, May 3, 2011
Rollover, safecar.gov
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April 30, 2011

Series of Early Morning Commute Accidents in Massachusetts Leave One Dead and Several Injured

by Altman & Altman

A number of Wednesday morning car accidents this week left one man dead and Massachusetts State Police busy from accident to accident during the morning commute.

The most severe of four accidents involved a 46-year-old man from Derry, John Perry. After losing control of his vehicle on Route 3, he crossed over an exit ramp in Tynsgborough, crossed the median, rear-ended another vehicle, and then tumbled into the side embankment. Perry was pronounced deceased at the scene of the accident. State Police report that the accident is under investigation but Perry might have suffered from a medical condition that led him to lose control of his vehicle.

Another crash, on Interstate-93 South, was a two-car crash near Ballardvale Street in Wilmington at 6:45 a.m. One person was taken to the hospital for minor injuries.

The third accident involved a commercial vehicle and a 2008 Pontiac Grand Am. William Gurrisi Jr., 48, from Haverhill, was driving the commercial vehicle and Rosalie Papoutsy, 73, from Atkinson, was driving the Pontiac. Gurrisi was transported to Lawrence General Hospital for his injuries. Both vehicles were towed from the scene of the accident. The accident is under investigation and the cause of the accident is not yet known.

The final accident occurred at 6:50 a.m. on Interstate-93 South near Dascomb Road. Thomas Judd, 58, from Lowell was driving his 1998 Buick Regal when it caught fire. He was able to pull over to the side of the road and escape without any injuries before the vehicle was fully engulfed in flames. The Andover Fire Department was able to extinguish the fire and the cause of the fire is under investigation.

Although the causes of all of these early morning accidents are under investigation, it is important to be aware of common early morning driving hazards and to never drive when fatigued.

• Do not start your journey tired.
• Do not continue to operate your vehicle if you become tired while driving. Pull over to a safe rest stop as soon as possible.
• Plan at least 15-minute breaks every two hours for long drives.
• Opening the window for fresh air or turning up the radio are only sufficient until you find a place to pull over.

If you have been in a Massachusetts car accident in which fatigue may have been a factor, contact an experienced Massachusetts car accident lawyer.

Source:

Derry man dies in Mass. accident, The Eagle-Tribune, April 28, 2011 Continue reading

April 28, 2011

National Highway Traffic Safety Administration Warns of Vehicle Safety and Odometer Fraud

by Altman & Altman

The National Highway Traffic Safety Administration has recently reported on odometer fraud and the importance of thoroughly inspecting a used car before purchasing it. When purchasing a used car, buyers usually inspect seatbelts, brakes, and air bags. However, the NHTSA’s Office of Odometer Fraud Investigations, is urging used-car buyers to also now consider odometers in order to prevent possible car accidents and ensure a safe drive.

The Office of Odometer Fraud Investigations (OFI) advises used-car buyers to be exceedingly scrupulous in order to guarantee that a car’s safety features have not been tampered with or that a seller has not rolled back the odometer. Because car professionals and automakers recommend part replacements, tune-ups, and oil-changes based on a car’s mileage, a faulty odometer reading can jeopardize the overall safety of a vehicle and result in a car accident. OFI reports that even a newer car’s odometer can be tampered with, leading one to believe that a car is safer and more valuable than it actually is.

Under Federal law, the odometer law (49 U.S.C. Chapter 327/Public Law 103-272) prohibits the disconnection, resetting, or alteration of a car’s odometer with intention of changing its number of miles.

When inspecting the safety features of a vehicle, some key items to help determine whether or not an odometer has been tampered with are:

• The overall performance and condition of the vehicle
• Statements from previous owner, repair receipts, service stickers, or any other document that shows a mileage discrepancy
• If previously owned, you can contact your state motor vehicle titling and registration office to obtain title and title transfer documents pertaining to your vehicle.

The OFI has convicted over 240 criminals in over than 30 states and has reimbursed over $10 million in court orders. Prison sentences for tampering with an odometer range from one month to eight years.

If you or your loved one has been injured in a car accident in which you suspect faulty parts or odometer fraud, it is advised that you contact an experienced Massachusetts car accident lawyer.

Sources:

Vehicle odometer fraud jeopardizes safety…and pocketbooks, Department of Transportation, National Highway Traffic Safety Administration, April 19, 2011

Office of Odometer Fraud Investigations, National Highway Traffic Safety Administration Continue reading

April 21, 2011

Multiple Vehicle Accident Involving Dump Truck Leaves Several Injured in Uxbridge

by Altman & Altman

An accident involving a dump truck set off a four-car accident that left three people injured on Route 16 in Uxbridge. A Toyota Camry driven by George Cournoyer, 73, of Slatersville, R.I., drifted into the opposite lane of traffic and hit a dump truck that was towing an excavator. The dump truck then lost control and the trailer flipped over, blocking both lanes. Two other cars were hit as the trailer rolled over.

Cournoyer was severely injured. Mendon Police Chief Ernest Horn, who led the accident reconstruction investigation reported that,”He had significant internal injuries and left-sided injuries from the crash.” According to Police Chief Scott J. Freitas, the roof of his car had to be removed in order to extricate him. He was then taken to UMass Memorial Medical Center in Worcester by helicopter.

A pregnant woman from Webster, Stephanie Daigle, and her 6-year-old son were taken to Milford Regional Medical Center with what Freitas described as “very, very minor injuries.” She was taken to the hospital as a caution because she was pregnant and has since been released. Her vehicle was hit by the trailer as it rolled over.

Because diesel fuel spilled onto the road from the crash, the Massachusetts Department of Environmental Protection and Clean Harbors were contacted to clean up the environmental hazards.

Although no charges have been filed yet, the accident is currently under investigation and charges are expected to be filed.

When involved in a Massachusetts car accident, it is advised that you contact a Massachusetts car accident lawyer. Especially in the case of a multiple-car accident with one vehicle at fault, it is important to find a >lawyer who has decades of experience with multiple-car accident insurance claims.

Source:

Several hurt in Uxbridge crash, The Milford Daily News, April 19, 2011
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