Personal Injury

January 29, 2013

Two Women Injured in Head-On Crash in Franklin, MA

Two women drivers were hurt in a head-on collision in Franklin, MA, police said. A Toyota Solara heading northbound on Route 140 near Franklin Village Shopping Center crossed over the median, knocked over multiple road signs, and then slammed front-first into a Saturn Ion traveling in the southbound lane, police said. Dispatchers received numerous 911 calls at 8:33 pm reporting the two-vehicle accident, according to the Franklin police log.

Firefighters who arrived at the accident scene used hydraulic rescue tools to free the 47-year-old Bellingham woman from the Toyota. A medical rescue helicopter brought her to UMass Memorial Medical Center in Worcester, said Franklin Fire Chief Gary McCarraher. “She had an underlying medical (condition), which we think may have had something to do with the cause (of the accident), but it’s still under investigation,” McCarraher said. He added that her injuries were “severe.”

The driver of the other vehicle involved in the crash, a Saturn Ion, was able to climb out of her car without help. An ambulance brought her to Milford Regional Medical Center, and she has since been released, said McCarraher. “She was really lucky. She was walking around on scene for a little bit before we arrived,” McCarraher said. “We had her sit down, and she complained of some injuries.”

Officials closed the southbound lane of Route 140, where the accident occurred, while police and firefighters removed car fluid and debris from the roadway and Franklin Police Officer Richard Grover performed accident reconstruction. A tow truck removed both vehicles.
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January 25, 2013

Most Dangerous Intersection in MA Pioneer Valley Gets Improvements

by Altman & Altman

The most dangerous intersection in Western Massachusetts’ Pioneer Valley is about to get safer.

Planned improvements to the intersection of Boston Road and Parker Street in Springfield include advanced signage to help drivers plan where they’re going in the intersection, increasing the size and brightness of traffic signals, enhancing nighttime lighting, and most significantly: consolidating commercial driveways near the intersection to improve traffic flow, said Allan Chwalek, Springfield’s public works superintendent.

These changes are due in part to a recent report from the Pioneer Valley Planning Commission that examined 100 high-crash intersections in the region, and found Boston Road-Parker Street to be the most dangerous.

Longtime Springfield resident Jennifer Smith, who was running an errand at the Walgreens located at the intersection’s northeast corner, said she was so frustrated with traffic on this busy roadway that she decided to move to Wilbraham, “That way, I never have to drive on Parker Street again.”

Even with the scheduled improvements, however, the intersection will probably remain in the list of top 10 most dangerous intersections due to the high volume of traffic that flows through it, said Chwalek. “It’s just an incredibly busy intersection,” he said. “There is not a tremendous amount of changes that can be done. I would be surprised if it ever fell out of the top 10.” Approximately 50,000 vehicles a day – totaling 16 to 17 million a year – travel through the Boston Road – Parker Street intersection, earning it the distinction of busiest crossroads in Western Mass, said Chwalek.

The Pioneer Valley Planning Commission conducts traffic studies every other year, but this was the first time comprehensive data for Springfield and the Boston Road – Parker Street intersection was included, said executive director Timothy Brennan. The studies have found that almost half of the Pioneer Valley’s high-crash intersections are located in Springfield. “It was definitely the ‘aha’ moment'” (pertaining to the study), said Brennan.

One positive takeaway from these statistics is that the high number of accidents in Springfield will help attract state and federal funds to make the city’s roads safer. “More and more at the federal and state level, safety has become a key criteria in how federal and state dollars are spent,” Brennan said.
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January 23, 2013

Snow Contributes to Multiple Crashes in Salem, MA Area

by Altman & Altman

Wintery weather contributed to a number of automobile accidents in Salem, MA and surrounding communities last Wednesday.

A woman driving a Toyota Corolla slid into a Ford F-250 truck that was parked on the side of the road at 290 Canal St. while the driver was trying to active the vehicle’s four-wheel drive. Manna Whitfield was identified as the driver of the Corolla and Matthew Plauche as the driver of the F-250. Both Salem residents escaped injury, said police.

Another driver, Robert Dee of Salem was struck the right rear of a school bus and then skidded into a parked car. He was traveling down Wilson Street toward Jefferson Avenue when he tried to brake but couldn’t stop. There were no reported injuries to either Dee, the bus driver, or any of the passengers. Police didn’t issue any citations. “It was snowing, and the roads were very slippery,” according to police.

Shortly after that, Walden Miranda of Lynn crashed into the rear bumper of an MBTA bus at 285 Lafayette St. The bus was picking up passengers at the time, but there were no reported injuries. The Maxima sustained damage to its front grill and bumper, and the bus had minor unspecified damage.
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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 20, 2013

Somerville Had Fewer Serious Traffic Accidents in 2012

by Altman & Altman

Serious traffic accidents in Somerville were down in Somerville in 2012, according to data from Somerville Police. Police Chief Tom Pasquarello announced on Wednesday that serious accidents were reduced by 23.8 percent in 2012.

Pasquarello links the reduction in accidents to the efforts of Somerville police. “There appears to be a direct correlation between the sharp reduction in serious accidents and an aggressive effort by Somerville Police to step up traffic regulation enforcement in high-accident areas,” Pasquarello said.

In 2011, there were 455 serious accidents in Somerville that resulted in personal injury or damage exceeding $1,000. In 2012, there were 350. These numbers don’t take into account crashes that occurred on state highways. Somerville had no motor-vehicle related fatalities in 2012.

Somerville police sought to improve the safety of city streets by focusing enforcement in areas where traffic accidents had occurred in the past. “Using smart enforcement to reduce accidents is making our streets safer for drivers, bicyclists and pedestrians,” Pasquarello said. Somerville police issued 11,076 moving violations in 2012 compared to 8,239 in 2011.

A grant from the Governor’s Highway Safety Bureau helped the Somerville Police Traffic Unit to implement specialized enforcement measures, such as using plain clothes officers as pedestrians and looking for seat belt offenses by drivers who commit other violations. The Unit also focused on enforcing bicycle traffic safety rules. Pasquarello said of these measures, “Enhanced traffic enforcement based on statistical analysis has significantly improved safety for drivers, pedestrians and bicyclists across the city. In the year ahead, we plan to do even more with statistical analysis of trends and hot spots, not only in the area of traffic enforcement, but in other areas of community policing.”

Somerville police, in conjunction with the city’s Department of Public Works and Traffic and Parking Department, have also been analyzing whether roadway, signage, and signaling can make Somerville streets safer.
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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 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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December 6, 2012

Quincy, MA Increases Enforcement and Education after Pedestrian Accidents

by Altman & Altman

Quincy, MA officials are responding to a slew of pedestrian accidents in the city this year.

“Something is happening here; something is going on in the City of Quincy that is leading to fatalities,” said Brian Palmucci, City Councilor and chairman of the public safety committee, at Monday night’s council meeting.

At least 92 pedestrian accidents have taken place in Quincy this year, including a November 16 accident outside the Kam Man Marketplace on Quincy Avenue, police said. Three of these accidents were fatal. “This is probably the most important public safety issue facing us,” stated city council President Michael McFarland.

Police have stopped 242 motorists and issued 181 citations between May 1 and the expiration of the grant on September 30, said James Fatseas, Mayor Thomas Koch’s chief of staff.

Fatseas said police are conducting undercover sting operations at high-volume intersections. In one such operation, an undercover female police officer pushes an empty baby carriage across a crosswalk. When someone drives through the crosswalk without yielding, a police officer located farther down the road pulls over the motorist.

The city began a campaign earlier this year to educate the public about pedestrian safety, and the police department has received a $5,000 state grant that will support pedestrian safety enforcement and education.

A number of city councilors recommended approaches other than education and enforcement. “Sometimes it takes engineering and technology, not just education and enforcement,” said City Councilor Douglas Gutro. Councilors proposed strategies such as helping business owners pay for safety upgrades outside their businesses, looking into luminescent signs and crosswalk treatments, and teaching school children safe driving practices.
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October 24, 2012

Enforcing the Anti-Text Law in Massachusetts

by Altman & Altman

Everyone knows that it is illegal to text and drive. We hop in our car, we are pressed for time, and we pick up that phone anyway. There are people, however, who have found a loophole in the law that bans texting and driving. When one of these people get pulled over, the police officer may say, “Do you know why I pulled you over? You were texting on your phone.” The driver, well aware of the law against texting while operating a motor vehicle, quickly responds “No, officer, you must be mistaken. I was using the Maps application on my phone.” Unbeknownst to some drivers in Massachusetts, using your smartphone while driving is not illegal entirely but it is illegal to text. The specificity of this law has irked law enforcement as it is difficult for police officers to enforce this law.

The National Highway Traffic Safety Administration (“NHTSA”) announced this week their approval of a grant of $550,000 for police departments in Connecticut and Massachusetts to test other another of enforcing the anti-texting laws – by spying on drivers. NHTSA chief, David Strickland, claims that the purpose of this grant is to find “real-world protocols and practices to better detect if a person is texting while driving.” This grant will fund “spotters on overpasses” as well as other roadways to find out if drivers are typing while they are operating their vehicle. Spying on motorists has already shown to work in North Dakota, where 31 tickets were issued in a matter of 2 days after police spied on drivers from unmarked vehicles.
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October 8, 2012

East Boston Woman Involved in Car Accident with Police Cruiser

by Altman & Altman

There have been quite a number of auto accidents reported in the Boston area within the past year. Many residents within Massachusetts do not hop into their car expecting that an accident will occur, but they are not shocked when it happens, either. We pick up our keys and head fearlessly on to the roads of Boston, praying that we will avoid all of the possible mishaps. Have you ever traveled northbound on Route 93? Have you ever passed the Freeport Street exit? If this is a road that you travel frequently on, then you may have heard about or even saw what happened on October 3rd.

Maura Bertolino, a 30-year old woman residing in East Boston, decided to have a number of alcoholic drinks in the morning. Afterwards, she took off in her car and up Route 93 for a casual drive. As she approached the Freeport Street exit in Dorchester, she moved out of the center lane and on to the right lane. She then entered back on to the center lane, sped up, and crashed directly into the back of an unmarked police cruiser. As if this was not dangerous enough, she then put her car in reverse and backed into another car. Thankfully, no one was hurt from her negligent actions but Bertolino was taken to the hospital to be treated for severe intoxication.
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