Pedestrians

May 14, 2013

League of American Bicyclists Recognizes Cambridge, MA as Gold-Level Bicycle Community

On Monday, the city of Cambridge was named a Gold-level bicycle friendly community by The League of American Bicyclists, making it the highest rated city to bicycle in on the East coast. The recognition and ceremony comes in observance of National Bike Safety Month.

Cambridge, which is only one of 18 cities nationwide that has received this award, was recognized on its bicycle friendliness, infrastructure, and its investment into bicycle promotion with the establishment of the Hubway share program.

According to city officials, there are three times as many bikers on Cambridge and Boston roads today, than there were only a decade ago. Many bikers cite traffic congestion and the “Green” lifestyle appeal as their reasons for switching to two wheels.

State leaders have shown their enthusiasm for the shift in bike riding, and last fall, the Department of Transportation (MassDOT) announced that by 2030, it wanted to triple the rate of biking, walking, and public transit. Currently over 22,000 people regularly cycle to work around the entire commonwealth. The biggest challenge MassDOT faces is the process it will take to educate people about the rules of the road, and the development of necessary infrastructure to encourage and accommodate more cyclists.

Advocates are pushing for more improvements on safety before encouraging more cyclists onto the roads, based on the rates of bicycle accidents around the city-especially those involving collisions with motor vehicles. According to the National Highway Traffic Safety Administration, 39 cyclists were killed and 2,100 people sustained non-fatal injuries between 2007 and 2011 in Massachusetts. Five cyclists have already been killed this year.
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March 27, 2013

Police Say Weymouth, MA Driver Intentionally Struck Pedestrian

by Altman & Altman

Police claim a patron left Buck’s Bar & Grill without paying his tab, climbed into his car, and rammed a customer who chased him outside trying to get him to pay his bill.

Captain Rick Fuller said the driver, Michael K. Fay, 48, of Weymouth, MA refused to pay his bill and then left the restaurant. “The victim followed him outside and demanded that he return and pay the bar tab,” Fuller said. “The suspect attempted to back out and struck the victim, pinning him between two vehicles. The suspect then fled the area.”

Fay now faces criminal charges including leaving the scene of an accident after causing personal injury, operating under the influence of alcohol and causing serious bodily injury, operating a motor vehicle to endanger and leaving an accident scene after causing property damage.

Emergency responders transported the alleged victim, a 38-year-old Weymouth man, to South Shore Hospital for treatment of severe trauma, said Fuller. “The victim was later transported to Brigham and Women’s Hospital in Boston because of the severity of his injuries,” he said. The incident took place at around 8:36 p.m.

Police found Fay shortly after the incident on North Street after officer Ryan Hamacher recognized the license plate number and vehicle matched the description witnesses provided, Fuller said. “It was confirmed that Fay was the suspect in this hit-and-run pedestrian crash,” he said.

Fay allegedly failed numerous field sobriety tests before officials charged him with operating under the influence and other offenses, according to Fuller.

Police held Fay overnight at police headquarters on $5,000 cash bail before his arraignment, Fuller said.

“The accident is currently being investigated by the Weymouth Police Fatal Crash Reconstruction Team,” Fuller stated.
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March 4, 2013

Peabody, MA Resident Faces Hit-and-Run Charges Following Boston Pedestrian Accident

by Altman & Altman

On Sunday, March 3, 2013, a pedestrian was struck by a vehicle as she was crossing Lansdowne Street in Boston, MA. The pedestrian, whose identity and current medical condition has not yet been released by the authorities, was transported to Beth Israel Deaconess Medical Center for treatment following the collision.

Boston Police Department Foot Patrolmen witnessed the accident. The Officers witnessed a Mercury Grand Marquis strike the pedestrian around 12:30 a.m. on Sunday morning. According to a press release from the Boston Police Department, “[t]he vehicle did not attempt to stop after striking the victim.”

Following the hit-and-run accident, the Police released a broadcast which described the vehicle involved in the incident. Subsequently, the Boston Police stopped the suspect’s car on Boylston Street. The Police then identified the driver as 30 year old Everett W. Strauss of Peabody, Massachusetts.

Straus has been charged with leaving the scene of an accident with personal injury and possession of a Class D drug.
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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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January 21, 2013

Driver Charged After Crashing into Park Bench, Injuring 71-Year-Old in Haverhill, MA

by Altman & Altman

A MA driver is now facing criminal charges after crashing his vehicle into a park bench in Haverhill, injuring a 71-year-old man on August 31.

Angel Suarez, 66, of Methuen, was arraigned in Haverhill District Court on multiple charges stemming from the collision. The victim, Victor Welch of Haverhill, who was sleeping on the bench at the GAR park across the street from the public library, lost his finger and suffered injury to his hip, ribs, and shoulder, said police. The district attorney’s office has not explained why it took over four months to bring Suarez to court.

Police said Suarez was driving drunk at the time, and that he also hit the Korean War Memorial. Suarez paused for approximately 30 seconds before driving off, said Prosecutor Stephen Patten. Suarez traveled over the New Hampshire border into Newton, where his SUV went off the road and he was arrested, police said.

Newton police found Suarez’s pockets contained three receipts from a restaurant in Salem, showing he purchased six margaritas and three beers about an hour before his vehicle went off the road on Route 108 in Newton, said police. Suarez failed a field sobriety test and was charged with driving drunk. A breathalyzer test showed he had a blood alcohol level of .196. “Police had to hold him up” and he “was in total disbelief that he was in New Hampshire, according to Patten.

In Haverhill Wednesday, Suarez was arraigned on charges of aggravated assault and battery with a dangerous weapon, assault and battery with a dangerous weapon, and three counts of leaving the scene of property damage.

Robert Lewin, Suarez’s defense attorney, said his client accepted “full responsibility” by pleading guilty to drunken driving in New Hampshire and that he will be participating in a drunk driver education program in New Hampshire this week. Also, Suarez had his license revoked indefinitely in New Hampshire and Massachusetts, Lewin said.

Patten asked Judge Stephen Abany to hold Suarez on $10,000 cash bail, arguing that Suarez has a “real problem with alcohol.” Lewin argued that a high bail isn’t justified because Suarez showed up for all of his hearings in New Hampshire, cooperated with Newton police, and allowed Haverhill police to search his vehicle.

Judge Abany ordered Suarez to return to court on February 27 for a pretrial hearing.
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January 18, 2013

Police Catch Truck Driver Involved in Fatal Hit-and-Run in Webster, MA

by Altman & Altman

State Police have apprehended the truck driver involved in a fatal hit-and-run collision on Tuesday night in Webster, MA. “The truck’s operator is a 44-year-old Dracut man, who was interviewed by field troopers and State Police detectives assigned to the Worcester District Attorney’s Office early this morning,” said a spokesman for the Massachusetts State Police. Authorities are not releasing his name at this time.

The driver struck and killed Jeremy Paige, 24, of Webster, MA at 11:10 p.m. while Paige was walking in the westbound travel lane on the ramp from Cudworth Road to Route 395. The driver continued driving until police stopped him in Woburn, MA shortly after midnight, said Mass State Police.

State Police officers investigating the incident tracked the vehicle to the LKO Corporation, and eventually found it on Route 93 near exit 37. Authorities had the truck towed to Cody’s tow yard, impounding it for further investigation, although initial reports indicate that it was in fact the vehicle involved in the crash, said the Mass State Police.

Authorities are still deciding whether to file criminal charges against the driver.

Hit-and-Run Collisions with Pedestrians

Our attorneys at Altman & Altman, LLP recognize the tragic consequences hit-and-run collisions can have for victims and their families. Unfortunately, these incidents happen too frequently in Massachusetts.

Drivers are legally required to stop after being involved in an accident. Most do, but some, perhaps fearing prosecution and jail time, flee the scene of the crash. When police eventually locate the driver, as they almost always do, the penalties will be stiffer than if he or she had stopped.
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January 17, 2013

Car Hits Two Pedestrians in Malden, MA

by Altman & Altman

A motor vehicle struck two pedestrians Wednesday night in Malden, MA. One of the pedestrians, a 50-year-old woman, died in the collision, Malden police said. Authorities have not released her name. The car also struck a 45-year-old man, resulting in his transportation to a local hospital for treatment.

Authorities did not release his name either, but his wife later identified him as “Mr. He.” She stated to the Malden Observer that the accident occurred after He had just exited the bus and was on his way home from work. “We’re still in shock,” she said. “He’s only one minute away from home, and in the middle of nowhere, there came a car driving so fast it just hit him. He didn’t see it coming at all..we’re still shaken by the whole thing and feel very bad about the woman who died from the accident, my husband was only one or two steps in front of her.”

He was released from Mass General Hospital on Thursday after reporting injuries to his head, neck, back, and leg. The family relocated to the United States from Guanzhou, China six years ago and currently reside in local public housing, said He’s wife.

The accident is still under investigation, said Malden Police Lt. Marc Gatcomb.

Police arrived at the scene of collision in the Broadway area Wednesday evening after receiving reports of a vehicle hitting two pedestrians. They have identified the driver, who remained at the scene until authorities arrived, as a local woman, offering no additional details.
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December 3, 2012

Police Identify and Cite Driver in Newton Centre, MA Hit-and-Run

by Altman & Altman

Newton Police have identified and cited the driver who allegedly hit an elderly pedestrian in Newton Centre, MA and fled the scene without stopping. The driver, a 26-year-old Newton woman, received a citation for leaving the scene of an accident after causing personal injury, said Newton Police Lt. Bruce Apotheker.

Injuries to the unidentified pedestrian, who was transported to Beth-Israel Hospital after the incident, are not life threatening, according to Apotheker.

The accident took place at approximately 5:30 p.m. on Monday as the 94-year-old male pedestrian was crossing Centre Street near the intersection with Langley Road. The pedestrian was not in the crosswalk when the vehicle struck him, Apotheker said.

The driver did not stop after hitting the pedestrian, and police were searching for a silver Toyota after having found a silver side-view mirror of a Toyota at the scene.

Roughly an hour after the incident, however, the driver contacted police.

Police have spoken to the driver and are investigating the incident. Authorities shut down parts of Newton Centre, including Centre Street and Pleasant Street, to investigate the accident.
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October 10, 2012

Busy Massachusetts Intersections Lead to Injuries

by Altman & Altman

People no longer have to be in a car to be involved in a motor vehicle accident. Victims are involved in such accidents when they are struck by a car, and they suffer substantial injuries. On September 28th, 52-year old Mark Theobald was walking on Center Street in Stockton, Massachusetts when he was struck by an oncoming car. He was rushed to Boston Medical Center to be treated for his serious injuries, and as of October 1st, he remains in intensive care. The driver, Timothy Poh, reported the accident and no charges have been filed against him. The police assert that the driver will not be charged and found during the course of their investigation that the driver was not speeding but instead had a visibility issue.

Unfortunately, Theobald is not the only one who is injured by oncoming traffic. Just days before Theobald’s accident, a 55-year old bike rider who was hit by a SUV on Belmont Street. The man rode his bike across the street where no crosswalk is present and was struck by a blue Toyota Rav4. He was picked up and flown by a medical helicopter to be treated for his injuries. His injuries, which included serious head trauma, appear not to be life-threatening according to the local police. He was not wearing a helmet at the time of the crash. The yellow bicycle was crumbled on the floor and the SUV had a crack on its windshield. This accident is no surprise to local residents, as the area has been known to be unsafe for everyone. The state Department of Transportation claims that the nearby intersection of Lorraine Avenue and Linwood Street is famous for accidents-millions of dollars in improvements are needed to make it safer. State reports from 2005 to 2007 indicate that the same intersection “had 56 crashes, which ranked 68th statewide during the time period.” The improvements, which include pedestrian crossing and traffic light installation, are scheduled to occur in the year 2014.

Another accident, occurring at the same time, involved a boy struck by a car on Battles Farm Drive and Battles Street. The child was transported to Signature Healthcare Brockton Hospital to be treated for his injuries. The police indicated that the boy was not seriously hurt. None of the drivers of these accidents are being charged by the police, as the police asserted that the drivers were not at fault for the accidents. The police did not even charge the truck driver who struck and killed a 3-year old girl earlier this month.
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February 17, 2012

Brighton Woman Struck by Company Tow Truck & Dies

by Altman & Altman

A woman from Brighton was struck by a tow truck as she was crossing the street on Thursday evening. The woman was rushed to Beth Israel Deaconess Medical Center for treatment, but was pronounced dead today. The name of the trucking company has not been given, but the company is believed to be based in Brighton or Allston. According to reports, the woman was hit crossing market street, near the intersection of Chestnut Hill Avenue and Washington Street.

According to a passenger in the tow truck at the time of the accident, the tow truck allegedly had the green light to turn from Chestnut Hill Avenue to Washington Street but had already begun to turn when it saw the woman and was unable to stop. Further details, including whether or not the trucking driver/company will face charges, have not been released. The case is being investigated by the Suffolk County District Attorney’s office.

Our sympathies are with the family of the deceased. If you or a loved one has been injured as a driver or pedestrian in a car or truck crash in Massachusetts, you should contact an experienced car accident attorney to determine whether you may be able to financially recover.