Fatal Accidents

October 9, 2013

No Charges Against Truck Driver Involved in May Bike Accident

Prosecutors will not be pressing charges against the Amherst truck driver who struck and killed a bicyclist last May.

Livingston Pangburn, a Hampshire College student, was fatally injured when he collided with an Amherst College box truck. According to the Northwestern district attorney’s office, Pangburn was traveling in heavy traffic along College Street, and did not stop with the traffic to allow the westbound truck to make a left turn onto the college’s campus.

Police reports stated that the driver of the truck did not see the cyclist in time to stop, and Pangburn was not able to maneuver around the truck in time to avoid the crash. Prosecutors do not believe that any impairment, cell phone use, or mechanical defects with the vehicle played a role in the accident.

While this is undoubtedly a tragic story, it also puts into perspective the dangers cyclists face when riding their bikes. Because bicyclists are extremely vulnerable compared to passengers to a motor vehicles due to their lack of physical barriers to protect themselves, it is crucial for them to do their part to prevent a serious accident from occurring.

5 Tips to Stay Safe on Your Bike

1. Always, always, always wear a helmet. While it seems to be a phrase engrained in everyone’s head, so many individuals do not understand how important helmets are in preventing serious head injuries. Some people dismiss the idea of wearing a helmet because of atheistic reasons, or because they feel their short commute doesn’t warrant wearing one. But wearing a helmet could make all the difference, and could even save a life.

2. Travel with the traffic, not against it. Always ride on the right side of the road, and go with the flow of traffic. Remember that bicycles are considered vehicles too, and cyclists are responsible for adhering to the same rules of the road as drivers. If you come to a stop sign or red light, you are legally bound to stop. In addition, you are responsible for yielding to pedestrians at crosswalks, just as motorists are.
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September 30, 2013

N.H. Lawmakers Seek Changes to Traffic Laws after Fatal Accident

by Altman & Altman

Lawmakers in New Hampshire are considering changes to traffic laws after an unlicensed driver killed two cyclists just hours after she had been pulled over for speeding.

Darriean Hess, 19, was charged with two counts of negligent homicide after she plowed into a group of cyclists, fatally injuring two Massachusetts women, and seriously injuring two others. The cyclists were taking part in an annual charity ride along the New England coastline.

According to police reports, Hess had been stopped on the same road eight hours prior to the fatal accident and had been ticketed for speeding and driving without a license. The officer who had previously pulled Hess over had required her to wait for a licensed driver to pick up her and the vehicle she was driving. Hess is being held on $50,000 bail.

Under the current New Hampshire law, a driver may be charged with a misdemeanor only if he or she has already been cited for operating a vehicle without a license. Representative Renny Cushing, D-Hampton, has filed a bill that would make any violation committed by an unlicensed driver an automatic misdemeanor. If the new bill passed, police would have the option of arresting the driver or issuing a summons. The bill was submitted to New Hampshire police for their recommendations, but no other information on its progress is available.

According to Massachusetts General Laws, Chapter 90, Section 23, a person who is found driving while revoked, suspended, or otherwise unlicensed, may be subject to a fine from $500 to $1,000, and imprisoned for not more than 10 days, for the first offense. Subsequent offenses may result in 60 days to one year imprisonment as well as possible extension of suspension of license for an additional 60 days to one year.

While bike riding is a popular mode of transportation, especially in urban areas of Massachusetts, is can be extremely dangerous. According to the Centers for Disease Control and Prevention (CDC), more than 700 people are killed in bicycle accidents and another 500,000 people are treated annually for bicycle-related injuries. While wearing a helmet can prevent some injuries to the brain, bicyclists are still extremely vulnerable and susceptible to suffering other types of serious injuries, such as neck and spinal cord injuries, broken bones, and even death.
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September 26, 2013

Truck Involved in I-93 Crash Violated Numerous Safety Codes, State Police Inspection Shows

by Altman & Altman

An inspection report by the Maine State Police found that the truck and trailer that caused a fatal accident on Interstate 93 last week had violated safety codes and should have been taken out of service.

Part of the wheel assembly detached from a trailer hauling a modular home traveling southbound in Hooksett, New Hampshire on September 18. According to police, a wheel flew off the trailer, struck a northbound police cruiser, and bounced back into the southbound lane, subsequently striking another car, and killing the driver. The trailer, which belongs to Crawford Homes, Inc. which manufactures modular homes, violated numerous safety protocols.

In the report, State Police found that the trailer’s brakes were “inadequate” for safe stopping, as they were contaminated with grease and oil. In addition, the brake hose on one of the truck’s axels had deteriorated and was scraping against another piece of the truck. State Police reports also showed an issue with the service brake, in that when applied, there was significant air loss from the canister. Finally, the trailer’s remaining wheels had improper emergency braking. Safety records from the Federal Motor Carrier Safety Administration indicate that prior to this incident neither the company’s trucks nor drivers had been involved in an accident in two years.

Trucking companies have a lot at stake, as injuries from these types of accidents often tend to be serious or fatal, as, unfortunately was illustrated in the accident last week. Subsequent to any accident, trucking companies may hire a team of investigators in order to mitigate the liability as well as the legal costs associated with the accident. After an accident occurs, it is imperative for the victim and the victim’s family to seek legal counsel with an experienced attorney. Some of the major causes of these types of accidents include driver fatigue, equipment failure, negligent maintenance, overload or improper loading of truck, driver inattention, non-compliance with federal regulations, and speeding. While it is still under investigation, negligent maintenance and equipment failure seem to be the two most prominent factors in what caused last week’s fatal accident.
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July 2, 2013

Worcester Police Investigate the City’s Third Pedestrian Fatality

by Altman & Altman

Worcester police are investigating a fatal pedestrian accident that left a 67-year old man dead last Friday night.

The victim’s neighbor, Christopher Maider, found the man lying face down in the road around 9:30 p.m. Friday. Police said the victim was crossing the road when he was struck by a 63-year-old female driver. He did not cross at a crosswalk, however. The female driver did stop, and no charges have been filed since the incident.

According to Maider, the street where the incident took place is especially busy, and he said he doesn’t feel safe walking down that street.

“If I went to this crosswalk and stood there, nobody would stop, which is the motor vehicle law. You see somebody in the crosswalk, you are required to stop; that’s the law. That’ll never happen here,” Maider said.

Sadly, this incident marks the third pedestrian fatality in the city of Worcester, alone, and it serves as a grave reminder to both pedestrians and drivers to be vigilant and safe on the roadways.

Pedestrian accidents account for more than 13% of all traffic fatalities. Pedestrians also make up 3% of all persons injured in motor vehicle accidents. The National Highway Traffic Safety Administration (NHTSA) estimates that a pedestrian is injured every eight minutes and one pedestrian dies every two hours as the result of a traffic accident in the United States.
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June 12, 2013

Seatbelts Could Have Saved 3 BU Students in New Zealand Car Accident, Officials Say

by Altman & Altman

The three Boston University students killed last May when their minivan flipped on a rural New Zealand road, could have survived had they been wearing seatbelts, officials said.

Rotorua, New Zealand Constable Tina Mitchell-Ellis, said that the three students who died, and a fourth who suffered severe brain trauma, were not wearing seatbelts and were thrown from the van. The four other passengers in the van who were wearing seatbelts survived and sustained only minor injuries.

The students had all been a part of a study-abroad program in New Zealand and were driving in a rural part New Zealand to begin a scenic hike. According to reports, the driver of the van, Stephen Houseman, became distracted while driving and drove onto the side of the road before over-correcting and flipping the van four times.

Neither drugs nor alcohol were involved in the accident, and police did not suspect Houseman was speeding before the accident. Officials believe that inexperience with driving a van and being unfamiliar with the roads contributed to the accident. Houseman pled guilty to careless driving and had his license suspended for six months.

This tragic accident involving Massachusetts college students is a stark reminder of the dangers of operating a motor vehicle or being a passenger in a motor vehicle, and not wearing a seatbelt. According to both the National Highway Traffic Safety Administration and the National Safety Council, seatbelts are the most effective safety device for preventing serious injury or death in the event of a car accident. In fact, wearing a safety belt can reduce the risk of serious injury during an accident by more than 50%.

In a study done by the NHTSA, 42% of motor vehicle passengers who were killed in accidents were not wearing a seatbelt. Under Massachusetts law, seatbelt violations fall under secondary enforcement laws; meaning that a driver can be ticketed by an officer for not wearing a seatbelt only if he or she has committed another traffic violation. The seatbelt usage rate in Massachusetts is estimated to be around 74%, which is lower than the National average (88%). However, the NHTSA estimates that over 1,600 lives could be saved and 22,000 injuries prevented each year if seatbelt usage was at 90% in every state.
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February 1, 2013

Driver Hits and Kills Elderly Pedestrian in Peabody, MA

by Altman & Altman

An elderly man was hit and killed as he walked across Lowell Street in Peabody after leaving St. Adelaide Church on Sunday. Theodore Buttner, 87, of Somerville was in town visiting family. “He was coming to visit us,” said Patricia Caton, his daughter. “He thought we were at the church, but we weren’t there. He was on his way to our house.”

The driver, Richard Franco, 84, of Peabody struck Buttner at around 1:00 p.m. with his 2004 Buick LeSabre, Police said. Buttner died later that night at Massachusetts General Hospital in Boston.

Officials have not cited or charged Franco, and are still investigating the incident, said Peabody police Detective Michael Crane. A state police accident reconstruction team is helping to investigate. Officials will not release any additional details about the crash until the investigation is complete, Crane said.

Buttner, who went by the nickname Ted, regularly attended St. Adelaide’s when visiting family, even though he was from out of town. Caton learned her father was at church only after she received a phone call from Peabody police informing her that a car had hit him. “It was devastating,” Caton said.

Butter served in the Navy in World War II, stationed at Pearl Harbor. After that, he worked for the MBTA for 35 years. He was married to his late wife, Theresa, for 57 year. He had five children, seven grandchildren, and a great-granddaughter. “He loved to get together with us as a family,” Caton said. “He enjoyed the holidays and cookouts.” He was a devout Catholic, and met Cardinal Sean O’Malley when he visited St. Adelaide last year, said Canton.

A nurse and many others came to Buttner’s assistance on the day of the accident. “He was never alone; they stayed with him,” she said. “It means a lot to my family that he was not alone when that tragedy occurred.”
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December 14, 2012

MA Judge Allows Lawsuit to Move Forward on Gillette Stadium Fatal Crash

by Altman & Altman

A MA judge has allowed a lawsuit to proceed against the Kraft Group and other companies affiliated with Gillette Stadium.

The lawsuit is the result of a crash that killed Debra Davis, 20 of Milton and Alexa Latteo, 19 of Mansfield, and injured 24-year-old Nina Houlihan. The three women were ordered to leave the Gillette stadium parking lot after they had been drinking there for five hours during the New England Country Music Festival on July 26, 2008. Their vehicle later crashed into a tree approximately a mile from the stadium.

Norfolk County Superior Court Judge Patrick Brady ruled that companies responsible for parking and security at Gillette stadium have a duty of reasonable care to patrons on their property, even if the patrons are acting in a risky and illegal manner. Judge Brady said it was foreseeable that teenagers not intending to enter the concert would drink excessively on the premises. He added that security did not properly look for underage drinking or ensure that customers in the parking lot had tickets.

Judge Brady’s decision will permit a jury to determine whether the Kraft companies are liable for the women’s deaths and injuries.

Houlihan and Davis’ family are suing the Kraft group and several affiliated entities, with Houlihan seeking $250,000 in damages and the Davis family asking for at least $2.5 million, said their lawyer, Joseph C. Borsellino.

Borsellino argued that the companies failed to properly supervise the parking lot where underage drinking was happening. “The venues for sports and entertainment have always thought they were insulated from liability,” he said. “This decision says, no, if you’re in the business of profit making and you’re selling space on your property, you have an obligation to make that property safe.”

An attorney for the defendants argued that the Kraft Group and affiliated companies should not be responsible for the accident because the women were engaged in criminal activity and trespassing since they lacked tickets for the event. Signs posted at the stadium indicate that only ticket holders may be in the parking lot, said the defendants’ attorneys.

The defendant companies FXP LLC, TeamOps LLC, and NPS LLC had filed motions for summary judgment that would have dismissed the case, but Judge Brady denied the motions.
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November 26, 2012

Holiday Travel Car Safety

by Altman & Altman

As Thanksgiving weekend comes to an end, so does one of the busiest travel weekends of the year, and New England roadways return to business as usual. An estimated 1.7 million people took to the roads in New England the Wednesday before Thanksgiving and the days following the holiday proved to be as busy.

The busiest travel days in the Bay State occurred Wednesday and Sunday as major backups and minor accidents occurred. Traffic was heavy on Interstate 93 and the Mass Turnpike on Wednesday; on Thursday, holiday travelers were jammed in a thirteen mile backup on I-90. On Sunday, the intersecting point of Interstate 84 and Interstate 90 proved to be the source of the most traffic during the day.

Two minor car accidents occurred on the Mass Pike this Sunday as well as many similar accidents throughout the weekend. The accidents caused prolonged backups for a major part of the day. No major accidents were reported. Authorities in Connecticut reported that two people had died on the state’s roadways.
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November 24, 2012

Women Surpass Men in Holding Licenses, Impacting Car Accident and Safety Statistics

by Altman & Altman

For the first time in American history, women drivers now exceed the amount of licensed drivers in the United States over men. The news came after a study by the University of Michigan’s Transportation Research Institute, which viewed gender trends in drivers licenses between 1995 and 2010, released its results. This reverses a long time gap between male and female drivers, dating all the way back to Henry Ford’s first Model T.

During the early twentieth century, women drivers were a minority and were ridiculed by men for driving. The trend continued in the Eisenhower era when only half of women eligible for drivers licenses held them; they were mostly expected to play the role of “homemakers” and raise families. As women started to enter the workforce and the idea of “women’s liberation” began to gain popularity, women started to drive more. By 1995, the number of women who obtained driver’s licenses were only slightly behind men, and in 2010, the trend finally reversed itself.
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November 9, 2012

Fall Nor’easter Endangers Roadways

by Altman & Altman

Drivers in the Bay State, still recovered from last week’s hurricane, endured a strong Nor’easter that wreaked havoc on the roads, resulting in flooded and icy conditions. The storm left a total of nine inches of snow in Massachusetts, although many places received a mixture of rain and snow. It also produced strong wind gusts up to 75 miles per hour on the Cape and Islands and up to 50 miles per hour in Boston. The extreme weather amounted to a perfect storm of dangerous road conditions.

State police reported a number of spinouts and accidents on major roadways, which were compounded by heavy traffic delays. An accident that occurred Wednesday on Route 28 in Bourne resulted in the fatality of a Rhode Island man after his car hydroplaned and struck a utility pole. Bourne and State police responded to the crash, and it remains under investigation.
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