Boston Car Accident Lawyer Blog
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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The driver was operating with a junior operator’s license, and had been driving with another 17-year-old in the car; a violation of J.O.L passenger restrictions. According to Massachusetts Law, junior operators may not operate a motor vehicle within the first six months of obtaining his or her license with an individual under the age of 18 years, unless accompanied by a person who is at least 21 years old, has at least one year of driving experience, holds a valid driver’s license from Massachusetts or another state, and is occupying the passenger seat. Violations of this restriction may result in the driver having his or her license suspended for 60-days and paying a $100 license reinstatement fee for the first offense. Subsequent offenses result in a longer suspension period, taking a Driver Attitudinal Retraining Course, as well as a reinstatement fee. 
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.
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.
Pedestrians and bicyclists are extremely vulnerable compared to passengers to a motor vehicle because they do not have any physical barriers to protect themselves if they are hit by a car, truck, or any other vehicle or object on the road. Boston and the surrounding Massachusetts communities, like Waltham, are filled with activity and traffic that pose serious threats to pedestrians’ and bicyclists’ safety. Broken bones, serious cuts and lacerations, bruises, skin burns, spinal cord injuries, brain injuries, and even death are common injuries of 
The idea may seem farfetched to some, but in fact, a couple from New Jersey used the notion as grounds for a lawsuit they filed against two teenagers. In 2009, the couple Mr. and Mrs. Kubert, were struck head-on while riding a motorcycle by then-18-year-old Kyle Best. Best was behind the wheel of his pickup truck while travelling down a rural highway road, when his friend Shannon Colonna, sent him a text message. Upon opening the message, Best’s truck crossed the center line and hit the Kuberts causing, in what court documents described as, a gruesome accident.
Dorothy Hitchcock, 25, of Provincetown, MA was driving her GMC SUV when she veered into oncoming traffic while traveling eastbound on Route 6, Sunday evening. Hitchcock’s vehicle collided head-on with a Buick SUV carrying three passengers, who were later taken to the hospital with unknown injuries. 
A 19-year-old Manomet woman and her 18-year-old brother were struck head on by another vehicle while they were traveling on State Road shortly after 1 a.m. on Tuesday. The other driver, identified as a 19-year old man from Plymouth, strayed into the other lane and caused the crash near Melix Avenue. Police said that the 19-year-old male had been texting before the accident, and he was cited on charges of driving to endanger, committing a marked-lane violation, and texting while driving.
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.
