Articles Posted in Wrongful Death

The driver of a fatal accident over two months ago in Somerville has been indicted and will be arraigned in Middlesex Superior Court on July 6. Kenneth Belew, 21, from Somerville, has been indicted on two counts of motor vehicle homicide. He was allegedly driving under the influence and crashed his vehicle. The crash resulted in the death of two of his five passengers.

Belew has been indicted by a Middlesex County Grand Jury on charges of negligent operation of a motor vehicle and two counts of motor vehicle homicide by operating under the influence of liquor.

On April 21, Belew allegedly left a local bar after alcohol consumption and met up with a group of people at a house in Somerville where he reportedly continued to drink. At 3:15 am, Belew and a group of five people left the house to drive to local restaurant. Belew was asked to slow down by his passengers after speeding and running a red light. At this point, three of the passengers in the vehicle put on their seatbelts. The two deceased teenagers were sitting on the laps of two other passengers in the backseat and remained unrestrained. According to investigators of the accident, Belew was driving excessively fast before losing control of his vehicle. His passangers were thrown forward upon impact and were ejected from the vehicle. All of the victims were transported to Massachusetts General Hospital where their injuries were treated. This is a tragic situation and is a needless end to two lives of his passengers.

Although the charges against Belew are allegations and he is presumed innocent until proven guilty, his blood alcohol was measured at the scene of the accident as 0.17 which is more than twice the legal limit of blood alcohol content.

While we have limited facts as to how much alcohol he consumed at each location, one of the questions that needs to be addressed is whether or not he may have been over served at the bar he went to. Also, when he went to the house, who served him the alcohol- -an issue to be investigated is whether there is a social host liability issue? No matter who did the serving, this is a horrible tragedy that could have been avoided.

Middlesex District Attorney Gerry Leone said “This defendant is alleged to have driven under the influence of alcohol with a blood alcohol level over twice the legal limit, while recklessly driving erratically and at a high rate of speed along a public highway…This defendant’s alleged actions resulted in killing two young girls and injuring three passengers. Impaired driving is a serious public safety concern that can have life changing consequences, as is alleged to be the case here.”

The National Highway Traffic Safety Administration (NHTSA) estimates that 17,941 people died because of alcohol-related collisions in the United States in 2006 alone.

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

Source:

Somerville man indicted on motor vehicle homicide charges, The Somerville News, July 1, 2011
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Drunk Driver Causes Fatal Accident on Interstate 95
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A woman has been charged with drunk driving after causing a fatal accident in Burlington on Saturday night. Nicole Parziale, 39, from Amesbury, was driving on Interstate 95 around 10:30 p.m. when she quickly turned left and crossed the middle lane into oncoming traffic. State Police report that Parziale´s Pontiac Grand Am hit the rear side Kayla E. Trenholm´s 1998 Buick sedan. The Buick came to rest in the third lane of traffic and the Grand Am came to rest on the left lane´s guard rail.

Trenholm, 20, from Hope Valley, R.I., and her passenger, David N. Torrey, 19, of Shannock, R.I., were taken to Winchester Hospital for potential minor injuries.

Parziale and her two passengers, Glenn Robichaud, 55, from Bedford, and Denis J. Splaine, 53, from Boston, were taken to the Lahey Clinic in Burlington. Splaine was released from the hospital after his injuries were treated and Parziale was listed as being in stable condition yesterday. Police report that Robichaud died from his injuries sustained in the accident.

A State Police spokesman, David Procopio, said that Parziale will likely also be charged with motor vehicle homicide. The charges against her currently include operating a vehicle under the influence of liquor, negligent operation of a motor vehicle, and operation of a motor vehicle with a suspended driver’s license. This is Parziale´s second offense for driving under the influence of alcohol.

The accident is still under investigation and being conducted by Troop A of the state police, the State Police Collision Analysis Reconstruction Section, the State Police Crime Scene Services Section, the Middlesex County State Police Detective Unit, the Lexington Police and Fire departments, and the Massachusetts Department of Transportation’s highway division.

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

Source:

1 killed, 4 hurt in I-95 crash, The Boston Globe, May 16, 2011
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Drunk Driver Kills Two Teens Not Wearing Seatbelts in Somerville

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After a single-car accident at 3:30 a.m. on Friday in Somerville, two teenage girls aged 16 and 17 have died. The first teenager died at the scene of the accident, and the second died on Saturday at Massachusetts General Hospital from her injuries sustained from the crash. Their names have not been released. State Police report that neither girl was wearing a seatbelt.

The teenagers were passengers of Kenneth W. Belew, 21, of Somerville. David Procopio, State Police spokesman, said Belew faces two charges of motor vehicle homicide, drunken driving, a marked lane violation and speeding. He is scheduled to be arraigned today in Somerville District Court. Three other passengers, Jerry Altidor, 21, from Somerville, Rafaela Pereira, 19, from Everett, and Rudolph Reis, 20, from Somerville, were all wearing their seatbelts and sustained only minor injuries.

State Police report that this is not Belew´s first driving violation. He has been cited seven times for speeding, violating lane markings, driving without an inspection sticker, and a seat belt infraction.

The Centers for Disease Control and Prevention report that car accidents are the leading cause of death for teenagers in the U.S. and are the cause for more than one in three deaths for teenagers between the ages of 16 and 19. In 2009, eight teenagers in this age group died from car accidents every day. They further report that in 2008, three out of every four teenagers killed in car crashes after drinking and driving were not wearing a seat belt.

If you or your loved one has been involved in a Massachusetts car accident, it is advised that you contact a Massachusetts car accident lawyer.

Sources:

2d teen in Somerville crash dies of injuries, The Boston Globe, April 25, 2011
Teen Drivers, Injury Prevention & Control: Motor Vehicle Safety, Centers for Disease Control and Prevention
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A fatal two-car accident on Interstate 395 is under investigation. Police report that Dina Senibaldi, 26, of Everett, Massachusetts, was driving southbound between exits 77 and 78 when she hit the car in front of her. She was arrested at the scene for driving while under the influence, and for possession of marijuana and narcotics. Although she refused medical treatment, her passenger, Marirose Lynch, 25, also from Everett, was taken to Lawrence & Memorial Hospital for a cut on her forehead.

The car that Senibaldi hit was carrying Edmund L. Davis, 52, from New Haven, Connecticut, and Lisa Delprete, 45, from North Haven, Connecticut. Davis lost control of his vehicle after the impact and crashed into the guardrail on the passenger’s side of the vehicle where Delprete was seated. Delprete was reportedly taken to Lawrence & Memorial Hospital for severe head injuries. She was pronounced dead later that day. Davis was also taken to Lawrence & Memorial Hospital for severe head and chest injuries. State police report that because of the severity of his injuries, he has been transported to Yale New Haven Hospital and is in critical condition.

The Department of Transportation reports that the accident happened just after 11 p.m. on Friday night. Emergency personnel requested for a medical helicopter but it was too cloudy for flight.

The National Highway Traffic Safety Administration reports that almost one-third of all traffic deaths involve drunk or impaired drivers. If you have been injured in an accident, contact on of our experienced Massachusetts car accident lawyers for a free consultation.

Alleged Drunk Driving Accident Claims Life of North Haven Woman, North Haven Patch, April 9, 2011
Impaired Driving, National Highway Traffic Safety Administration Continue reading

A fatal accident in Dorchester is under investigation in which a 39-year-old mother was killed. The other passenger in the car was the sister of the deceased. Police report that the accident was caused by another driver who fled the scene. The sister informed authorities that they slammed into a tree after they were hit by another car who was trying to pass them. The hit and run accident occurred at the corner of Washington Street and School Street, at approximately 2:30 a.m. on Saturday.

In the event of an accident in Massachusetts, drivers are required by law to stop at the scene of the accident and exchange information with the other driver. If the accident occurred on someone’s property, then the driver is also required to exchange information with the owner of the property that was damaged. It is illegal for a driver to flee the scene of an accident. The minimum punishment for fleeing the scene of an accident resulting in death is 2 and a half years of imprisonment and a fine of no no less than $1,000.

Boston Police are searching for a small to medium-sized black car that was seen within the vicinity of the accident.

If you are the victim of a hit and run accident, contact on of our experienced Boston hit and run accident attorneys for a free consultation.

Source:

Mother of 3 killed in hit and run, FOX 25 / MyFoxBoston.com, April 4, 2011 Continue reading

Earlier this week, a man responsible for a 2007 fatal car accident in Somerville was sentenced to 15 to 20 years in state prison, after which he has a 15-year probation on the condition that he is not allowed to operate a vehicle or does not try to reinstate his driver’s license. According to the Office of Middlesex District Attorney Gerard Leone, Javier Morales, 29, from Somerville, pleaded guilty to two counts of manslaughter, driving with a suspended license, subsequent offense, and failure to stop for a police officer.

Morales caused the accident in May 2007 by failing to pull over for State Police on Route 16, who then proceeded to pursue him through Somerville. It is reported that he was driving 76 mph without his headlights on at about 1:30 a.m. before he crashed his SUV into a taxi. The driver of the taxi was Walid Chahine, 45, of Methuen, and the passengers were Paul Farris, 23, of Medford and a woman who has remained unidentified. Both Chahine and Farris died from their injuries incurred in this accident and the woman was extensively hospitalized. She is said to still be affected by her injuries from the accident. All passengers in the taxi were wearing their seatbelts but the force and speed at which Morales was traveling caused an impact that the seatbelts could not withhold.

In a statement released by District Attorney Gerard Leone, he explained that “This defendant pleaded guilty to causing a horrific car crash that resulted in the death of two innocent men and left a third victim with life-long injuries…This defendant had numerous opportunities to stop for the police officer, yet continued to make decisions to drive unsafely at high rates of speed through densely-populated areas, endangering those around him. By pleading guilty today, this defendant is admitting to these troubling charges and will remain off the roads and out of communities for an extensive period of time.”

If you or your loved one has been injured in an accident because of a negligent driver, our experienced Massachusetts car accident lawyers are here to help with over 25 years of experience and a free consultation.

Source:

Driver In Somerville Motor Vehicle Crash Pleads Guilty To Two Counts of Manslaughter, Office of Middlesex District Attorney Gerard Leone Press Release, March 28, 2011 Continue reading

Two and a half years after a fatal accident on Mt. Hope Bridge, Jamie Pretti of Plymouth has been charged with one count of driving under the influence resulting in death and to leaving the scene of the accident resulting in death. On September 12, 2008, Jamie Pretti was driving with his friend, Timothy Macleod, of Plymouth, from the University of Massachusetts-Dartmouth to Roger Williams University for a party. Pretty is reported to have lost control of his vehicle when he tried to pass another vehicle on the Mt. Hope Bridge, resulting in the death of Macleod. The Office of the Attorney General said that a breath test confirmed that Pretti’s blood alcohol was more than twice the legal limit.

Since the accident, Pretti has been out on $100,000 surety bail but is now in the custody of the Department of Corrections. Pretti pleaded no contest to his sentence of 15 years, with seven to serve, three and a half of which will be held at Adult Correctional Institutions and three and a half years on home confinement. He also lost his license for five years and has been ordered to pay $5,000 in fines.

Drinking and consumption of alcohol on or around campuses affect almost all college campuses. College Drinking Prevention reports that approximately 3,360,000 college students drive under the influence of alcohol in one year. The National Institutes on Alcohol Abuse and Alcoholism (NIAAA), a part of the National Institutes of Health, has recently conducted research projects in which colleges and their surrounding communities attempt to reduce excessive alcohol consumption by targeting local drinking settings and implementing prevention strategies in an attempt to minimize college-related alcohol abuse and drunk driving.

If you or your loved one has been injured in a car accident, please do not hesitate to contact one of our experienced Massachusetts car accident lawyers for a free consultation.

Massachusetts Man Sentenced in Connection with Fatal Crash on Mt. Hope Bridge, Bristol-Warren Patch, March 14, 2011
NIH-Supported Study finds Strategies to Reduce College Drinking, National Institutes of Health, November 11, 2010 Continue reading

In Lynnfield, Massachusetts, a fender-bender turned into a fatal accident. After a taxi rear-ended a Chevrolet Cobalt, both of the drivers pulled over and exited their vehicles to inspect the damage. William Halpin III, 25, from Melrose, who was under the influence of drugs in a passing vehicle, hit both the taxi driver and the parked Cobalt. The taxi driver, from Lynn, died after he was taken to the hospital. Police arrested Halpin for vehicular homicide and for driving under the influence. The other injured victim was a six-year-old boy who was sitting in the Cobalt when it was struck by Halpin.

When pulled over on the side of the road, it is very important to assess the situation of passing vehicles. Although the driver in this case was under the influence, one must always look carefully for oncoming traffic. Remember to turn on your hazard lights and carry the necessary roadside accident supplies in your trunk, such as a reflective hazard indicator to put on the street and a reflective florescent vest.

In the event of a collision, Sheila Varnado, of the Driving School Association of the
Americas, suggests the following:

• Make sure that you are out of harm’s way. Once you are outside of your vehicle, you are at risk of being hit by oncoming traffic.
• If you are disoriented or injured, stay in the car.
• First check yourself for injuries, then check others.
• Only provide medical assistance that you are capable of and trained in. Vernado says: “Anytime you’re involved in a collision, only render aid within your ability.”
• Call 911. You are required to call the police or highway patrol if anyone is injured. Dial 911, or program the highway-patrol number into your cell-phone.
• Write down the other driver’s name, address, date of birth, phone number, car make and model, and license plate number. Varnado says, “Get the full information of all drivers, passengers, and witnesses…This includes driver’s license numbers, vehicle registration and proof of insurance with policy number.”
• For legal and insurance purposes, take pictures using a cell-phone or disposable camera. That way, Varnado says, you can “see how the intersection looked, the weather conditions, icy roads, exactly how much damage was done to the cars, the position of the vehicles, where the vehicles ended up, and the severity of the collision for example.”
• Inform your insurance company.

If you have been injured in an accident and would like a free consultation, feel free to contact one of our attorneys who have over 25 years of experience representing car accident victims.

Sources:

Car accident in Lynnfield, Mass. claims one life, NECN, March 5, 2011
What to do if you get into an accident, The Boston Globe Continue reading