Articles Posted in Personal Injury

Massachusetts bears the distinction of being ranked the United States’ third most “Bicycle Friendly State” for 2012. The Bay State placed 9th in 2011, 16th in 2010, and 19th in 2009. The secretary of the Massachusetts Department of Transportation, Secretary Richard A. Davey, said that the state’s rising rank over the years accurately reflects the department’s commitment to providing safe and healthy transportation. Massachusetts’ climbing status as a hub for cyclists also substantiates the efforts behind the three-prong policy of the environmental initiative, GreenDOT: 1) Reduce Greenhouse gas emissions (GHG) 2) Promote the healthy transportation options of walking, bicycling, and public transit, and 3) Support smart growth development.

Sadly, with all the new bike paths and community efforts to promote cycling, like Boston’s Bike Week, mishaps occasionally still lead to tragedy.

Wellesley police report that on Friday, August 24, 2012, at around 1:58pm, 41 year old cyclist Alexander Motsenigos, husband of nearly ten years and father to a six year old boy, was struck and killed near the intersection of Weston Road and Linden Street, otherwise known as Wellesley Square. Motsenigos was wearing a helmet. And neighbors have said that the point of the collision, an intersection resting at the bottom of a short but steep hill, was a dangerous place.

Lieutenant Maria Cleary confirms that both Motsenigos and the vehicle were headed north. An
investigation is underway because the vehicle sped off, possibly unaware that someone had been struck. The public is being asked to provide any information. But because there were conflicting accounts of the automobile’s make and model, the police are unable to submit a definitive description.

I drive a lot. But I’m currently looking for a good bike in the interest of diversifying my workouts and getting a little more “green.” And I’m well aware of the friction that exists between Continue reading

Just over one month ago, several Boston University students studying in New Zealand were involved in a crash that killed three and injured four others. According to police, Stephen Houseman of Massapequa, N.Y. was driving the group of students in a rented minivan when he drifted to the side of the road and then rolled the van when he tried to correct course.

Houseman’s attorney had requested that he be discharged without conviction due to concerns over the impact it would have on his career, and victims supported a discharge as well, citing the fact that Houseman was sensitive to their losses. However, he ultimately pleaded guilty to all charges, including three counts of careless driving causing death and four of careless driving causing injury.

On May 12, Eastern Standard Time, he was convicted and fully discharged. The judge ruled that he was “law-abiding” but “lost vigilance on the road.” He received no jail time but was ordered to pay court costs and barred from driving in New Zealand for six months, according to a spokesman for the Ministry of Justice.
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A tractor trailer rollover around 5:30pm on Monday night in Freetown, MA-located about 12 miles from Fall River-seriously injured the trailer driver and left the driver of a second vehicle with minor injuries. The truck driver was traveling on Route 24 Southbound near Exit 8 and had been carrying seafood. It apparently tipped over and landed on the dividing guard-rails across the highway median. The driver of the second vehicle, a 2001 Honda accord, thankfully escaped with minor injuries, but his car had to be dug out from the wood with special equipment.

According to the National Highway Traffic Safety Administration, rollover accidents have a higher fatality rate than other types of crashes-accounting for about 33% of all passenger vehicle fatalities.Although convenient, tractor trailers, like the one involved in this accident, may be more prone to rollovers due to their height. Tall vehicles (trucks, buses, vans) have a high center of gravity, lessening their stability, and speeding, sudden turns, and bad weather can lessen their stability ever further. Other causes of rollovers may be driver fatigue, equipment failure, or negligent maintenance of the vehicle.

The cause of the Freetown accident is still unknown. However, there have been no reports of speeding or other foul play.

An unusual accident this morning in Weymouth involved a chain reaction of three cars near the intersection of Middle Street and Main Street, sending three individuals to the hospital. The chain reaction sparked off when one vehicle hit a Toyota from behind; this pushed the Toyota into a gas pump at the Mobile Station. In turn, the gas pump was knocked on top of a man pumping gas into his van. The man had to be freed from the pump. No reports of the magnitude of their injuries are currently available. Fortunately, no gasoline was released from the pump when it fell.

If you or a loved one have been injured in a car accident, it is advisable to (1) seek immediate medical car, regardless of the extent of your injuries; and (2) seek legal assistance in obtaining compensation for your injuries.

Three hurt in accident at Weymouth gas station, PatriotLedger.com, February 29, 2012

A hit-and-run bicycle accident in Attleboro is under investigation. Just before 11:30 p.m. on Thursday night, a resident of Attleboro, Justin Duphilly, 20, was riding his bike on South Main Street when he was struck from behind by a vehicle that drove up onto the sidewalk and then drove off. Detective Sgt. Arthur Brillon said that the vehicle was a black sedan, which could have been a black Ford Taurus. Police are asking anyone who was near the scene of the hit-and-run accident at 456 South Main Street on Thursday night to contact the authorities.

According to authorities, Duphilly was flung into the air due to the collision and landed on the sidewalk. He was taken to Rhode Island Hospital in Providence for numerous injuries, but none were life-threatening. He was released after treatment for stitches, an abrasion on his back, a gash behind his ear, and multiple bruises.

Duphilly´s cousin was with him at the time of the accident. He was riding his bike behind Duphilly and witnessed the accident but was not injured.

Police report that the driver did not stop after hitting Duphilly and fled the scene of the accident. He continued north on South Main Street in the direction of Attleboro´s city center. Because of the nature of the accident, it is possible that the car sustained damage on the front of the vehicle which could help police to identify both the vehicle and the driver.

The accident continues to be under investigation by officers Joseph Ryan, Brett Poirier, and Sgt. James MacDonald while police search for the vehicle and driver.

The 20-year-old victim stated, “I would like to know what he was on and I want him to get caught.”

According to Massachusetts General Law, Part I, Title XIV, Chapter 90, Section 24, the first offense for knowingly fleeing the scene of an accident is: “a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both.”

We have seen this spring and summer an increase of bicycle accidents in and around the Commonwealth. The warm weather, the expensive gas prices, and the exercise that bicycle riding provides leads to many more cyclists in the warmer seasons. In this case, the victim was very fortunate that the injuries weren’t life threatening.

The victim will still have to deal with his injuries and damage to his bicycle. There are different insurance avenues that one goes through when hit on a bicycle, and the issues become even more complex when the vehicle leaves the scene. For instance did the bicycle rider have an automobile policy, did a household member have an active insurance policy? Did anyone get the license plate of the vehicle? These among many other issues need to be identified to successfully assist someone that has been hit while riding a bike.

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

Sources:

Bicyclist struck by hit-and-run car, WPRI.com, July 16, 2011
Police seek help in crash probe, The Sun Chronicle, July 16, 2011
Massachusetts General Laws, Part I, Title XIV, Chapter 90, Section 24

Related Blog Posts:

Boy On Bike Hit By Police Cruiser in Avon

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

Keeping Safe on the Roads; May is National Bike Safety Month

74-year-old Bicyclist Killed in Boston

Sedan Injures Boy on Bike in Lowell Traffic Accident
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In Mattapan, Massachusetts, an SUV carrying an off-duty Boston police officer crashed into a Boston fire truck that was on its way to respond to a car accident. The fire truck, Engine 29, reportedly had sirens and lights on but according to witnesses, it went straight through a red light without slowing down. After colliding with the SUV, it crashed into a light pole. The accident occurred on Harvard Street at a very busy intersection.

The police officer who was in the SUV has sustained a serious leg injury from the accident. He was scheduled for a leg operation on Wednesday. The victim’s sister, Allyson Vinson Bowore, said that her brother, Darrell Vinson, has been with the Boston Police Department for twenty years. She said he was off-duty and headed to work when “The light turned green and he went and that’s when he got hit by the fire truck.”

The accident is under investigation by State police and no charges have been filed yet. Investigators are hoping that the traffic camera has captured this accident. Massachusetts state law requires that all emergency vehicles must stop at intersections for a red light even with their sirens and lights on. Officials have confirmed that the driver of Engine 29 has had drug and alcohol tests in the aftermath of the accident.

If you have been involved in an accident, contact on of our experienced Boston car accident attorneys for a free consultation.

Source:

SUV hits Boston fire truck in Mattapan, 7-News / whdh.com, April 6, 2011 Continue reading

A two-car crash in Revere yesterday is under investigation. The driver of a Volkswagen was taken to Massachusetts General Hospital after he was hit by a drunk driver in a Lincoln. Both the driver and passenger of the Lincoln were reported to be drunk but only one of them was arrested as the other fled the scene. The extent of the injured man’s condition is unknown but the jaws of life were needed to extricate him from his vehicle.

Drinking and driving, as well as fleeing the scene of an accident, is illegal and can result in arrest, fines and/or imprisonment. Although it is sometimes impossible to prevent an accident from happening, especially when a drunk driver is involved, it is important to take caution and be a defensive driver. In order to protect yourself from drunk drivers on the road, here are a few tips to keep in mind:

• Always wear your seatbelt and make sure your passengers do the same.

• Be an alert driver and try to stay away from other drivers who appear to be intoxicated or distracted and/or are swerving.

• Stop driving if you are tired or weary. This not only causes you to be a potentially unsafe driver, but you also might not notice drunk drivers around you.

• Make sure your car’s safety features have recently been inspected and are fully functioning.

• Be aware of what time you are driving. In 2004, 39.6% of drunk driving accidents happened between 10pm and 2am, and 37.5% of drunk driving accidents happened on Friday or Saturday nights.

Our lawyers have over 25 years of experience representing car accident victims throughout Massachusetts. Please do not hesitate to contact us if you have a question on a case or would like a free consultation.

Sources:

Drunk driving likely cause of 2-car crash in Revere, 7-News whdh.com, March 1, 2011
How to Protect Yourself from Drunk Drivers, DrunkDriving.com Continue reading

The intersection of Plymouth Avenue and Rodman Street in Fall River is number one on a new list of dangerous intersections in southeastern Massachusetts. According to the report, the intersection averages a crash every nine days.

The study was conducted by the Southeastern Regional Planning and Economic Development District. The data which was used was gathered from the Massachusetts Department of Transportation.

The report found that one of the more serious problems plaguing the area is red-light runners. The number of crashes caused by drivers running red lights more than doubled between 2006 and 2008.
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This past Thursday afternoon, a motorcyclist sustained serious injuries when he was struck by a 2005 Nissan. The crash occurred at 1 p.m. at the intersection of Main Street and Forest Avenue in Brockton.

The motorcyclist sustained serious injuries to his left leg, which was pinned underneath the Nissan after the collision. The injured 23-year-old man was taken by ambulance to Signature Healthcare Brockton Hospital and was then transferred to New England Medical Center in Boston.

A preliminary investigation has revealed that the driver of the Nissan was traveling on Forest Avenue when he stopped at a stop sign and took a left, colliding with the motorcyclist. According to the local authorities, the Nissan driver, a 23-year-old Taunton resident, will be cited for failure to yield and operating a vehicle with a suspended driver’s license.
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Two individuals were rushed to Massachusetts General Hospital following a car accident in Arlington. The accident occurred on Milford Road near Mystic Valley Parkway at approximately 7 a.m. Monday morning. Arlington firefighters arrived at the scene to find a 2001 Ford Crown Victoria taxi cab in a wooded area off of the road. The taxi cab was on fire and the flames were beginning to spread to the surrounding trees and bushes.

According to the Massachusetts State Police, the cab driver was traveling at a high rate of speed when his vehicle went off the road. The cab driver then struck another vehicle, a Toyota Camry, in the rear before completely losing control of the cab.

There was a passenger inside of the cab at the time of the accident. The passenger was thrown forward into the front seat of the cab and was inside of the vehicle when it caught fire. Luckily, an MBTA Green Line instructor saw the vehicle and pulled the passenger from the flame engulfed taxi cab. The cab driver was found lying by the side of Mystic River and was suffering from serious injuries.
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