Articles Posted in Pedestrians

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Concord Police report that an elderly Westford woman was driving last Saturday morning to a dialysis appointment in Concord when she turned from Commonwealth Avenue onto Winthrop Street and struck three pedestrians. The victims were a mother with two of her children who were out for a walk. The mother was reportedly pushing her 20-month-old son in a stroller and her five-year-old son was riding his bicycle next to them. Police report that after the woman´s vehicle, a 1999 Toyota Camry, turned the corner and hit the pedestrians, it continued to drive across Winthrop Street and onto a home´s lawn and did not stop until it crashed into a garage.

At approximately 9 a.m., Concord Police and Fire Departments responded to the area for a report of a pedestrian accident. Concord Police Lieutenant Tom Mulcahy commented, “When responders arrived at the scene they treated a mother and her two children as well as the driver of the vehicle.”

The three pedestrians, as well as the driver, were transported to Emerson Hospital with non-life threatening injuries. According to Mulcahy, the 20-month-old boy was transported by MedFlight helicopter to Children’s Hospital Boston with serious but non-life threatening injuries.

The accident is remains under investigation by the Concord Police Department and the Massachusetts State Police Reconstruction Team. Speed has been ruled out as a factor as the cause of the crash. It is not yet known whether or not the elderly driver will face charges.
Statistics show that in the next 20 years, the number of elderly drivers is predicted to triple in the United States and that older drivers are more likely than younger ones to be involved in pedestrian accidents, especially at intersections. The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) reports that “In 1997, older people made up 9 percent of the resident population but accounted for 14 percent of all traffic fatalities and 17 percent of all pedestrian fatalities.”

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

Sources:

Elderly Driver Hits Mother, 2 Children In Concord, CBS Boston, February 4, 2012
Four people hospitalized after pedestrian crash in Concord, Wicked Local Concord, February 4, 2012
Older Drivers, Elderly Driving, Seniors at the Wheel, Traffic and Safety, SmartMotorist.com
Traffic Safety Facts 1997; Older Population, National Highway Traffic Safety Administration, U.S. Department of Transportation
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Peabody Police Hit as a Pedestrian

Man in Wheelchair Killed on Busy Street in Brockton

Boy On Bike Hit By Police Cruiser in Avon

Fatal Hit And Run Accident in Dorchester Kills 39-Year-Old Mother

74-year-old Bicyclist Killed in Boston

Wheelchair-bound Man Struck by Oil Truck in New Bedford
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A Peabody police officer was seriously injured this week when he was hit while working a paid detail at a construction site on Route 1 in Peabody. Sergeant Eric Zawacki, 37, was standing next to his police cruiser when a driver of a black Chevrolet Avalanche stopped and asked the officer for directions. A 1991 red Chevrolet pick-up truck driven by Elroy Halfrey, 76, of Salem, N.H., then hit both Zawacki as a pedestrian and crashed into the truck that was pulled over for directions, causing both a pedestrian accident and a two-car crash. Zawacki was thrown over the hood of the truck. He was taken Massachusetts General Hospital in Boston where he remains in critical condition.

David Procopio, Massachusetts police spokesperson, confirmed that he had surgery for his serious injuries and is expected to survive. Massachusetts General Public Affairs Officer Kory Dodd reported that Zawacki was in serious condition and that his “vital signs are unstable and not within normal limits. The patient is acutely ill.”

After the crash, Halfrey remained at the scene of the accident. Although the accident is still under investigation, police commented that the wet roads and the driver´s speed were each potential factors of the accident. State Police Lieutenant Tracy Webber said, “It’s still a preliminary investigation…Because it’s an active work zone, that is a contributing factor too. The roadway was wet, that comes into play.” She said police will determine if the driver of the red pickup truck will be charged.

Peabody Police Detective Michael Crane said that although no charges have yet been filed against the suspect, he said “I’m sure once they are done with [the State Police investigation] if a citation is required they will process that accordingly.”

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

Sources:

Peabody police sergeant struck, seriously injured by vehicle on Route 1, www.boston.com, December 5, 2011
Peabody officer working detail hit by car, seriously injured, The Boston Herald , December 5, 2011
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Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities

Man in Wheelchair Killed on Busy Street in Brockton

Boy On Bike Hit By Police Cruiser in Avon

Fatal Hit And Run Accident in Dorchester Kills 39-Year-Old Mother

74-year-old Bicyclist Killed in Boston

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U.S. Marine Corps veteran Edwin Nelson, 65, was killed when his motorized wheelchair was hit by oncoming traffic earlier this week in Brockton. According to witnesses, Nelson was crossing in a crosswalk on Belmont Street, also known as Route 123, when a Hyundai Elantra driven by 26-year-old Frank Dernoga, of Taunton, crashed into his wheelchair. He was knocked off his wheelchair near the crosswalk and rolled into the street. He was taken to Good Samaritan Medical Center and was pronounced dead.

Nelson was living at the Veterans Affairs Medical Center which is located less than a mile away from the crash site. He was a Vietnam veteran with a spinal cord injury that led to the amputation of both of his legs. His son, Geoff Nelson, wrote that his father had been a part of research to help pioneer spinal-cord medicine over the past 36 years, along with many other spinal-cord injury patients at the Veterans Affairs Medical Center.

Nelson’s fatal accident has drawn attention to safety issues for pedestrians on Belmont Street, especially for disabled veterans who frequent the notoriously busy street. A spokeswoman for the Veterans Affairs Medical Center, Pallis Wahl, said that a treatment team including a doctor, nurse, and social worker, evaluates each patient on an individual basis to determine the necessary care and whether or not a patient needs to be escorted when outside of the facility. It was determined that Nelson was fit to be outside of the facility without supervision from an escort. Wahl said, “It’s a case-by-case basis.”

Some local residents believe that the disabled patients should always have an escort for their own safety given the circumstances of Belmont Street. One resident commented, “It is sad…I’ve seen the conditions of driving on Belmont Street. It’s atrocious.”

Police are reportedly reviewing surveillance video from a business close to the scene of the accident that captured the crash. There has not been any decision as of this week as to whether Dernoga will face charges.

If you have been injured in a Massachusetts car accident or involved in a pedestrian, wheelchair, or bike accident, it is in your best interest to contact an experienced Massachusetts lawyer.

Sources:

Disabled vet killed in Brockton accident helped pioneer spinal-cord medicine, Taunton Daily Gazette, October 26, 2011
Military veteran killed in Brockton road crash, www.Boston.com, October 24, 2011
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Boy On Bike Hit By Police Cruiser in Avon

Fatal Hit And Run Accident in Dorchester Kills 39-Year-Old Mother

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Over Memorial Day Weekend, two separate fatal car accidents occurred early yesterday morning in Massachusetts. According to Massachusetts State Police, the first accident happened at approximately 1:45 a.m. on Sunday morning in Burlington on Interstate-95. The driver was a 46-year-old male from Burlington whose identity has not been released. He was driving a 2000 Land Rover Discovery and was pronounced deceased at the scene of the accident. Authorities believe that speed was the cause of the accident. The victim was not wearing his seatbelt.#

The second accident under investigation involved a pedestrian on Interstate-195 in Swansea and occurred at 3:12 a.m. Chrisie J. Wallace, aged 40, from Fall River, was hit by a 1998 Cadillac Deville in the eastbound lane. She was declared dead at the scene. The driver was Julian Juan, aged 48, from New Bedford. No charges have been filed against him but State Police are investigating the reason as to why Wallace was walking on the freeway.

As with any holiday or long weekend, it is especially important to use caution and judgment when travelling, always were your seatbelt, do not drive under the influence, and to be wary of possibly intoxicated drivers. The Massachusetts Department of Transportation warned drivers of congested roads and freeways over the weekend and reminded motorists that traffic would be particularly heavy during the daytime and early evenings.

The National Highway Traffic Safety Administration (NHTSA) especially warned motorists to wear their seatbelts over the weekend after releasing their 2011 Click It or Ticket campaign on Thursday, May 26th. In a statement about the campaign, U.S. Transportation Secretary Ray LaHood said, “We are reminding Americans to buckle up before they hit the road for the long Memorial Day weekend…Seat belts are a lifesaver, but too many people are failing to buckle their seat belts at night, and it’s costing lives.”

NHTSA Administrator David Strickland warned that holidays, such as the Memorial Day weekend, are particularly dangerous and motorists should thus always wear their seatbelts. During the 2009 Memorial Day weekend, 55% of the 306 people who died in car accidents in the United States were not wearing seatbelts. Strickland commented: “Statistics tell a powerful story about the fate of unbelted motorists in crashes. That’s why law enforcement is exceptionally vigilant at this time of year.”

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

Sources:

Two fatalities in separate car crashes early this morning, The Boston Globe, May 29, 2011

U.S. Transportation Secretary Ray LaHood Announces ‘Click It or Ticket’ Campaign, National Highway Traffic Safety Administration, May 26, 2011 Continue reading

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A car accident in which an unoccupied vehicle hit a pedestrian in Beacon Hill yesterday is under investigation. At approximately 3:15 p.m., emergency personnel were called to the intersection of Mt. Vernon Street and Charles Street. Several witnesses dialed for help after witnessing an empty BMW barrel down Mt. Vernon Street, crash into a Smart car, and then into a woman who was crossing the street in a crosswalk. The 45-year-old pedestrian was dragged across the street by the moving vehicle and then pinned by the car.

Boston Fire spokesman Steve MacDonald reported that before emergency crews arrived, construction workers had attempted to lift the car off of the victim. She was eventually extricated by firemen who used a special jack to lift the vehicle. Police report that she had life-threatening injuries, including a severe head injury and multiple fractured bones. She was taken to Massachusetts General Hospital and is reported to be in serious condition.

The owner of the BMW reportedly double-parked on Mt. Vernon Street, put his car in neutral, and applied the emergency brake before entering a house on the street to visit his uncle. It is reported that his emergency brake failed and the vehicle thus started rolling down the hill. A witness who had seen him run to the accident when he had learned of what had happened, described him as being visibly panicked. Witnesses in cafes and shops in the Beacon Hill neighborhood responded quickly to call for help.

Both the owner of the vehicle and the pedestrian remain unidentified and there have not been any charges as the investigation continues.

The Massachusetts Department of Transportation reminds pedestrians to:

• Follow the rules and cross in the intersection, cross when the pedestrian signal lights up with the “walk” light, cross with the green light if there is no pedestrian signal, and in both instances, look both ways for turning or approaching vehicles.
• Walk along the shoulder of a road facing traffic if there is no sidewalk.
• Pay attention to vehicles that are backing up or pulling out as drivers may not see you in their rear view mirror.
• When walking, wear bright or florescent colors in the daytime and lit or reflective material at night to increase your visibility

Because the vehicle in this case was not occupied when it hit the pedestrian and the vehicle´s emergency brake reportedly failed, the legal implications of this accident could be very complicated and will undoubtedly need an experienced Boston pedestrian accident lawyer. If you have been involved in a pedestrian car accident, it is in your best interest to contact a lawyer as soon as possible.

This case has numerous angles we could discuss, for the purpose of this blog we will look at some of the insurance coverage issues that the injured pedestrian may encounter. Clearly the pedestrian has a claim against the owner and his insurance carrier. While the owner claims that the brakes failed, this argument doesn’t necessarily get him or his insurance carrier off the hook. The vehicle needs to be looked at by experts that can determine if the brakes failed and if that was the sole cause of the accident. In addition, the pedestrian may find out that the vehicle didn’t have enough insurance coverage to pay for the injuries in the claim. It will be important to know if the pedestrian had their own insurance policy or if someone in the household had an active automobile insurance policy. Generally hiring a personal injury attorney can help you get answers to these questions in a prompt manner. In addition an injury lawyer can assist with the medical bills, lost wages and other expenses that can occur with an accident of this magnitude.

Sources:

Woman seriously injured by rolling vehicle on Beacon Hill, The Boston Globe, May 25, 2011
Chaos ensues after empty car hits woman, The Boston Globe, May 27, 2011
Pedestrian Safety Tips, Massachusetts Department of Transportation
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UConn Student from Westminster, Massachusetts, Killed by Campus Shuttle Bus

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On Tuesday night, a University of Connecticut shuttle bus struck and killed a student from Westminster, Massachusetts at an intersection on campus. The UConn student, 20-year-old David N. Plamondon, was living off campus. The bus hit Plamondon in the intersection of Hillside Road and Alumni Drive by the North Parking Garage on campus at approximately 8:15 p.m. A witness of the fatal accident immediately called the campus police. Campus police arrived at the scene of the accident with emergency crews and administered first aid but could not save him as his injuries were so severe. Although the cause of the accident is unknown and the case is under investigation, a medical examiner will determine the cause of the Plamondon’s death.

Major Ronald Blicher, of the UConn Police, said, “There were witnesses to the accident…They are being interviewed by police…The bus driver is being interviewed by police.” Police do not believe that the UConn women’s basketball game on campus was related to this accident or that the victim had been to the game. No charges have been filed yet.

Pedestrians, bicyclists, and drivers should always use extra caution on campuses and especially after dark. On Boston University’s campus website, students are reminded of the following pedestrian safety tips:

• Be careful when crossing streets and tracks.
• Always use pedestrian crosswalks.
• Look left and right for cars, bikes, and trolleys before crossing the street.
• Always be alert when using personal electronic devices.
• Walk in well-lit areas at night.
• Use an escort security service or walk with a friend to your destination.

If you or your loved one has been injured or killed in an accident, please feel free to contact one of our Massachusetts traffic fatality lawyers who can help you with their 25 years of experience.

Sources:

UConn student from Mass. killed by shuttle bus, Boston Herald, March 23, 2011
UConn student struck, killed by bus, ctpost.com, March 23, 2011
On and Off Campus Safety Tips, Boston University, Dean of Students Continue reading

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On Monday, 84-year-old Joao Amaral of New Bedford was struck by an oil truck while in the crosswalk on the corner of Purchase and Hillman streets. He was in serious condition on Tuesday at Massachusetts General Hospital in Boston.

The New Bedford Police Department reported that Amaral was operating his motorized wheelchair on Purchase Street near the curb when he was struck. Investigators believe he was pushed about 30 feet and then run over by the oil truck. Police have identified the driver of the truck, owned by the Star Oil Co. of New Bedford, as John Duarte, 74, of Acushnet.

The incident in New Bedford was the latest in a series of six pedestrian accidents in the town in 2010 and the second involving a wheelchair-bound person in the last few months. On Oct. 29, 2010, a 57-year-old man died after he was hit in his wheelchair at Route 6 and Pleasant Street.

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A Massachusetts traffic accident occurring the day before Christmas claimed the life of a 85-year-old Adams resident. The incident marked Berkshire County’s third fatality resulting from a pedestrian-motor vehicle accident in two months. The victim was reportedly hit by a southbound vehicle while crossing Park Street. Police say he was not in a marked crosswalk.

Emergency responders took the injured pedestrian to Berkshire Medical Center, where he was pronounced dead. The 18-year-old woman who driving the car was not injured and has not been charged in connection with the fatal accident; however, the fatal auto accident is still being investigated.

According to federal data, somewhere in the country a pedestrian is injured in a traffic crash every seven minutes. Every 107 minutes, a pedestrian dies as the result of such crashes. The majority of these fatalities occur between 6 and 9pm and on weekends.

Source: Elderly man struck, killed, Berkshire Eagle, December 26, 2010
In harm’s way: Many drivers ignore pedestrians in crosswalks, Patriot Ledger, June 22, 2010 Continue reading

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A Yarmouth Port man died on Sunday after he reportedly walked in front of a bus at Walt Disney World’s Port Orleans resort. Witnesses say the 69-year-old Massachusetts man stepped into the path of a Disney bus traveling through the parking lot of the resort. A report states that the front of the bus hit the accident victim and knocked him to the ground. He later died at Orlando Regional Medical Center.

The bus accident occurred around 5:50pm, according to the Florida Highway Patrol.

The bus was driven by a 57-year-old woman who says she’s not sure how many passengers were in the bus at the time of the accident. No passenger injuries were reported. The man was not in a crosswalk, and the highway patrol says the bus had the right-of-way, so it’s unlikely that any charges will be filed in connection with the fatal pedestrian accident. The incident remains under investigation.

Earlier this year, a Disney bus struck and killed a boy who was riding his bike through Disney’s Fort Wilderness Resort campground. The highway patrol said the accident may have been caused by the lack of air in the bike tires.

Source: Massachusetts man dies after walking in front of Disney bus at Port Orleans resort, South Florida Sun Sentinel, December 27, 2010 Continue reading

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A man was struck by a van on Main Street in Fitchburg on Friday. John Wirta, a 58-year-old, is in critical condition at UMass Memorial Medical Center after being hit by a 2004 Ford Econoline. The van was driven by Shannon Mannix, a 36-year-old from North Brookfield. The accident happened around 3:20 p.m., according to Telegram.com.

Source: Telegram.com, Man struck by van still in critical condition

Though very sad, it is not surprising that this man is now in critical condition. This is because pedestrian accidents frequently lead to fatalities and catastrophic injuries. We have seen many accidents involving pedestrians in recent weeks. Some have involved possible distracted driving. Others have involved failure to yield to pedestrians in crosswalks. Still others have involved criminal behavior. Some of the things that all of these victims and/or their families may have in common, however, are expensive medical bills, lost wages, inability to go back to work, and pain and suffering.

Our lawyers will work around the clock to help you get compensation for these things. We have been handling pedestrian accidents throughout Massachusetts for many years, and we use that experience to maximize our clients’ recovery. While we are aggressive advocates for our clients, we are also compassionate listeners. We’ve seen the pain that our clients go through after suffering an injury or losing a loved one, and that is why we make sure that they can always reach us.
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