Boston Car Accident Lawyer Blog

A woman from Brighton was struck by a tow truck as she was crossing the street on Thursday evening. The woman was rushed to Beth Israel Deaconess Medical Center for treatment, but was pronounced dead today. The name of the trucking company has not been given, but the company is believed to be based in Brighton or Allston. According to reports, the woman was hit crossing market street, near the intersection of Chestnut Hill Avenue and Washington Street.

According to a passenger in the tow truck at the time of the accident, the tow truck allegedly had the green light to turn from Chestnut Hill Avenue to Washington Street but had already begun to turn when it saw the woman and was unable to stop. Further details, including whether or not the trucking driver/company will face charges, have not been released. The case is being investigated by the Suffolk County District Attorney’s office.

Our sympathies are with the family of the deceased. If you or a loved one has been injured as a driver or pedestrian in a car or truck crash in Massachusetts, you should contact an experienced car accident attorney to determine whether you may be able to financially recover.

February 16, 2012

High Speed Danvers Car Crash Results in Death of a Peabody Man

Recent Accidents Spark Seatbelt Enforcement Debate in Massachusetts

According to State Police, a 30-year-old Peabody man was killed in a car crash on Route 128 in Danvers due to high speed. Police report that Reginaldo Dasilva Souza was pronounced dead at the scene of the crash and his passenger was seriously injured. At approximately 8 p.m. on February 5, troopers from the Danvers State Police Barracks responded to reports of a single-car crash on Route 128 southbound at Route 35. The preliminary investigation revealed that Souza`s 1991 Honda Accord was traveling at a high speed when it crashed into a guardrail before veering across two lanes, hit a jersey barrier, and then continued onto a ramp to Route 35 and then crashed into two other jersey barriers. Police reported that the impact of the crash not only knocked over the jersey barriers but resulted in the car to roll over onto its roof where it finally came to rest. Although Souza was wearing his seatbelt, his passenger, Sidney Gomes Dasilva, 37, was not wearing his safety belt and was taken with serious life-threatening injuries by medical helicopter to Massachusetts General Hospital.

Section 13A, Chapter 90, of the Commonwealth´s General Laws, states that all occupants of motor vehicles in a private vehicle, including vans and trucks, are required to be properly restrained by a seatbelt: “No person shall operate a private passenger motor vehicle or ride in a private passenger motor vehicle, a vanpool vehicle or truck under eighteen thousand pounds on any way unless such person is wearing a safety belt which is properly adjusted and fastened.”

The investigation continues and is being carried out by Troop A of the Massachusetts State Police, along with the State Police Collision Analysis and Reconstruction Section, and the State Police Crime Scene Services Section. State Troopers were assisted at the scene of the crash by the Danvers police, fire, and EMS departments.

In a statement, police said: “The facts and circumstances of the crash remain under investigation; preliminary evidence suggests that excessive speed was a factor, and troopers are additionally investigating whether alcohol was a factor.”

Although the circumstances and exact cause of the accident are still under investigation, possible inebriation along high speed are potential factors. The National Highway Traffic Safety Administration (NHTSA) estimates that in 2006 alone, 17,941 people died because of alcohol-related collisions in the United States.

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

Sources:

Peabody man dies in Danvers car crash last night, www.boston.com, February 6, 2012
Commonwealth´s General Laws, Section 13A, Chapter 90
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February 15, 2012

Elderly Driver Hits Three Pedestrians in Concord

Peabody Police Hit as a Pedestrian

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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January 17, 2012

Peabody Teenager Charged With OUI After Crashing Into House

Peabody Teenager Survives After Crashing into House and Catching Fire

After an extensive investigation, a Peabody teenager whose car crashed into a house last month has recently been arraigned for driving under the influence of alcohol. As reported in Peabody Teenager Survives After Crashing into House and Catching Fire, Robert Habeeb, Jr.’s car exploded into flames after it crashed into a house . Firefighters were able to pull him from the burning sedan at approximately 2:30 a.m. on December 11. Habeeb was not seriously injured in the crash despite the crashes´ severity. He has pleaded not guilty to five charges, including operating under the influence of alcohol and reckless operation of a motor vehicle in the Peabody District Court. The 18-year-old Peabody High senior was additionally charged with negligent operation of a motor vehicle, failure to yield, and failure to have an inspection sticker.

According to papers that were filed in court, a blood sample taken in the hospital after the crash revealed that Habeeb’s blood alcohol level was two-and-a-half times the legal limit. The State Police Lab sent the blood results to the Peabody Police Department last Wednesday. Before this more serious finding, Habeeb was issued a criminal motor vehicle citation after the accident for operating a motor vehicle recklessly so as to endanger. The records also revealed that Habeeb was traveling 109 miles per hour five seconds before the crash.

Peabody Police formally summonsed Habeeb with the charges filed against him this week while he was at school, including the operating under the influence of alcohol charge. Richard Chambers, Jr., Habeeb´s Lynnfield-based attorney, said that defendants are usually sent a summons in the mail at least two weeks in advance. Both Habeeb and his lawyer declined to say if he drinking or what his activities were on the night of the crash. He was not given a field sobriety test or a breathalyzer test on the night of the crash.

A spokeswoman for Essex County District Attorney Jonathan Blodgett’s office, Carrie Kimball Monahan, said that there is not a standard procedure to summon a defendant to court in Essex County. She said, “In this case charges were sought yesterday and the clerk issued an arraignment for today so he was served…It had to be done.”

Peabody Police spokesman Michael Crane said “An extensive investigation was conducted, the charges were filed accordingly based on the investigation.” He said that the Peabody Police led the investigation and worked together with members of the Massachusetts State Police Accident Reconstruction Team.

In a separate hearing after the arraignment, Judge Richard Mori ordered Habeeb not to consume any alcohol while the case is pending and he must take random alcohol tests. He must also adhere to an 8 p.m. curfew while the case is pending. Mori also ordered him to turn in his license to the court despite the fact that the Registry of Motor Vehicles has already suspended Habeeb’s driver’s license.

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:

Peabody teen charged with OUI in crash at Herrick Road home , www.boston.com, January 11, 2012
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January 10, 2012

Recent Accidents Spark Seatbelt Enforcement Debate in Massachusetts

Woman Charged for Fatal Crash in Stoughton Held on $100,000 Bail

Recent car crashes in December involving drivers or passengers not wearing seatbelts has resulted in a strong response from seatbelt advocates. Advocates are calling for stricter enforcement of the state’s seat belt law after these car crashes, many of which ended fatally. They are arguing that this is more than enough evidence that seatbelts save lives and they are calling on lawmakers to act in the New Year.

Massachusetts law already requires drivers and passengers to wear seat belts; however, police can only enforce the rule if they have stopped the vehicle for another violation, such as running a red light or speeding. Senator Patricia Jehlen, D-Somerville, and Representative Patricia Haddad, D-Somerset, are the chief sponsors of a bill that would make Massachusetts the 32nd state in the nation to let police pull over drivers for seat belt violations.

A recent UMass-Amherst study found that approximately 73 percent of Massachusetts drivers use seat belts, which is the lowest seatbelt usage rate in the United States and has thus sparked this debate. This number is also slightly lower than last year´s percentage of seatbelt users. All of the accident victims of the four accidents that occurred in December were young adults. Deborah Pentecost, a trauma program manager at South Shore Hospital in Weymouth, witnesses the flux of young victims entered into the emergency room who were not wearing seatbelts and believes that the message must also come from education. She commented “It’s the younger population that takes the risks…I think we’ve gotten the message to adults that have kids…and the population over 50.”

Mary Maguire, a spokeswoman for AAA Southern New England and co-chairwoman of Belts Ensure a Safer Tomorrow (BEST), a coalition of about 60 health, law enforcement and driver-safety groups, said “When there’s stronger, more effective enforcement, compliance increases.” BEST estimates that a stricter seat belt law could save Massachusetts approximately $1 billion over six years, because of avoided hospital bills, lower insurance premiums, and eligibility for federal grants.

The legislation to update the seatbelt law died in a tie vote in the House in 2004. In 2006, a similar bill passed both chambers in 2006, but was later shot down in a procedural vote in the House when three representatives changed their votes. Robert Fitzpatrick, Senator Jehlen’s chief of staff, said “We think we have the votes in the Senate…(In the House) it’s hard to know.”

Opponents to the bill, such as civil liberty groups, argue that the stricter seat belt law could give the opportunity to police to easily abuse the law by making unnecessary traffic stops or as an excuse for racial profiling.

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.

Sources:

Groups calling for tougher seat belt laws, Taunton Daily Gazette, January 5, 2012
Update sought on Massachusetts seat belt law, The Patriot Ledger, January 3, 2012
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January 1, 2012

Bicyclist Hit and Killed by Oil Tanker in Cambridge

Phyo Kyaw, a 2010 Massachusetts Institute of Technology graduate, age 23, was killed on campus on Tuesday night after his bicycle was hit by an oil tanker. At approximately 7:40 p.m., he was riding his bicycle at the intersection of Vassar Street and Massachusetts Avenue when the oil tanker was turning from Massachusetts Avenue onto Vassar Street, towards Main Street. Kyaw was transported to Massachusetts General Hospital where he was pronounced dead.

Kyaw, from the Southeast Asian nation of Myanmar, graduated from MIT in 2010 with a bachelor’s degree in chemical-biological engineering. According to the MIT News Office, Kyaw was a member of the Sigma Nu fraternity. After he graduated, he was working as a research scientist at Soane Labs in Cambridge.

Cambridge police said that there have been 27 recorded accidents at the Massachusetts Avenue and Vassar Street intersection since January 2010. MIT Chancellor Eric Grimson commented “This death, so tragic and so close to home, touches and concerns our entire community…Our thoughts go out to Phyo Kyaw’s family, friends, and classmates. We share their sense of loss and grief.”

The Middlesex District Attorney’s office is leading the investigation into the crash and is working with the Cambridge and MIT police departments. The truck driver was uninjured in the accident and he has not been charged.

According to the Massachusetts Department of Transportation, from 2002 through 2009, approximately 400 car crashes, fatal and non-fatal, were involving cyclists. Statistics additionally reveal that more bike and car accidents happen in Cambridge more than in any other Massachusetts community. As a preventative measure to bike accidents with vehicles, MassDOT provides these helpful safety guidelines for bicyclists:

• Give yourself space from cars • Ride in the same direction as traffic • Always wear your helmet • Stop at red lights and stop signs • Put front and back lights on your bike at night
The National Highway Traffic Safety Administration (NHTSA) reports that in 2009 alone, 630 cyclists were killed in the United States. In addition to this, 51,000 were injured in motor vehicle traffic accidents. Cyclist deaths thus made up 2% of all motor vehicle accident fatalities. Approximately 70% of all bicycle fatalities happen in urban centers or college campuses, such as the case here, where there are more cars and bikes on the road together. The NHTSA also reports that bicycle helmets are 85% to 88% effective at preventing head injuries and death. However, the statistics show that less than 25% of all bicyclists wear a helmet.

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

Sources:

Cyclist killed in Cambridge accident ID´d, The Boston Herald, December 29, 2011
MIT graduate is identified as victim in bicycle-truck collision, The Boston Globe, December 28, 2011
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December 26, 2011

Peabody Teenager Survives After Crashing into House and Catching Fire

Woman Charged for Fatal Crash in Stoughton Held on $100,000 Bail

After a teenage driver crashed his vehicle into a Peabody home last week, the car flipped onto its side, burst into flames, and the engine detached onto the front lawn. Robert Habeeb, Jr. 18, of Peabody, was reportedly returning home from hanging out with his peers at approximately 2:30 a.m. on Sunday morning when the accident occurred. The vehicle first hit a tree stump, then a stone wall which sent the car into the air, and then into a house on Herrick Road, which caused both the car and house to catch fire. The owners of the house were not home when the accident occured but the damage to the house has been estimated at approximately $50,000.
Firefighters were said to have had to climb on top of the overturned vehicle as it was still burning to look for the driver. He was released from Massachusetts General Hospital with only relatively minor injuries including a bruised pelvis, back pain, a bump on his head, and burns on his knuckles.

The teenager´s father, Robert Habeeb said, “He fell asleep driving home…He doesn’t remember anything…I just want to thank the Peabody Fire Department and Police Department for finding Robert and pulling him out of the car and saving his life…When I think of what might have happened if they’d come a minute later …”

Peabody fire Capt. Dale Kimball recalled the scene of the accident as the most horrible he’d ever seen in more than a decade as a firefighter. A witness, neighbor Charles Annino, called his mere survival a miracle. The teenager´s father agreed and said “If you saw the car, you would think that, too…The tow-truck people said it was the worst wreck they’d ever picked up.” Family members have mentioned that the teen is looking forward to thanking the firefighters who rescued him.

Police Spokesman Michael Crane said that the investigation is open but they had not filed charges against Habeeb. Crane did not confirm if chargers could be filed at a later date. Peabody police have not involved the state police accident reconstruction team.

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.

Sources:

Driver saved from burning car is home from hospital, The Salem News, December 13, 2011
Peabody teen whose car hit house released from hospital
, www.boston.com, December 13, 2011
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December 12, 2011

Peabody Police Hit as a Pedestrian

Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities

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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November 30, 2011

Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities

Man in Wheelchair Killed on Busy Street in Brockton

After a series of deaths in which drivers have stepped out of their vehicles on Massachusetts highways, Massachusetts State Police are reminding drivers to always remain in their vehicles after an accident until police arrive. After these three recent accidents, all of which appear to have initially been minor auto accidents, three people have died as a result of exiting their vehicles and stepping out into traffic. The first of these three incidents occurred on Friday morning, when a 75-year-old Somerville man was struck and killed in the Tip O’Neill Tunnel in Boston. Before hit by oncoming traffic, David Dang was reportedly standing in the traffic lane when he got out of his car after what seems to have been a minor car accident.

Just a few hours later, two other motorists were hit after getting out of their car in Lynnfield, just fifteen miles north of Boston. State Police report that a 2000 Saturn SL2 sedan had halted in the median on the southbound side of Route 128, at approximately 11:45 p.m. Two of the four occupants of the vehicle then exited the car and were standing in the travel lane when they were both hit by a vehicle. Police said Conner Toscano, 18, of Billerica was pronounced dead at the scene and 17-year-old Billerica woman was severely injured. She was taken to Massachusetts General Hospital with life-threatening injuries.

At approximately 1:15 a.m. on Saturday morning, Massachusetts State Police responded to yet another similar accident in Lancaster. On Route 190 northbound, just north of Exit 7, authorities reported that a 2005 Toyota Camry had hit the guardrail and was disabled in the median. The driver, Scott Symonds, 38, of West Boylston, then exited his vehicle and was hit by a 2006 Ford pickup truck driven by Eric Sifert, 42, of Westminster. Symonds was pronounced dead at the scene of the accident.

David Procopio, spokesperson for the state police, said “The crash remains under investigation to determine if any charges are warranted…The investigation is being conducted by Troop C of the Massachusetts State Police, along with the State Police Collision Analysis and Reconstruction Section and the State Police Crime Scene Services Section.”

Each of these highway-related fatalities involving people getting out of vehicles remain under investigation by Massachusetts State Police. State police are reminding motorists in disabled cars to try to get their vehicles out of the road immediately following an accident and to stay in their cars until police arrive at the scene of a reported crash.

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

Sources:

2 Killed Standing On Highways, www.thebostonchannel.com, November 27, 2011
Massachusetts man killed on highway after exiting vehicle following minor crash, www.MassLive.com, November 26, 2011
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