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A car accident in which an unoccupied vehicle hit a pedestrian in Beacon Hill yesterday is under investigation. At approximately 3:15 p.m., emergency personnel were called to the intersection of Mt. Vernon Street and Charles Street. Several witnesses dialed for help after witnessing an empty BMW barrel down Mt. Vernon Street, crash into a Smart car, and then into a woman who was crossing the street in a crosswalk. The 45-year-old pedestrian was dragged across the street by the moving vehicle and then pinned by the car.

Boston Fire spokesman Steve MacDonald reported that before emergency crews arrived, construction workers had attempted to lift the car off of the victim. She was eventually extricated by firemen who used a special jack to lift the vehicle. Police report that she had life-threatening injuries, including a severe head injury and multiple fractured bones. She was taken to Massachusetts General Hospital and is reported to be in serious condition.

The owner of the BMW reportedly double-parked on Mt. Vernon Street, put his car in neutral, and applied the emergency brake before entering a house on the street to visit his uncle. It is reported that his emergency brake failed and the vehicle thus started rolling down the hill. A witness who had seen him run to the accident when he had learned of what had happened, described him as being visibly panicked. Witnesses in cafes and shops in the Beacon Hill neighborhood responded quickly to call for help.

Both the owner of the vehicle and the pedestrian remain unidentified and there have not been any charges as the investigation continues.

The Massachusetts Department of Transportation reminds pedestrians to:

• Follow the rules and cross in the intersection, cross when the pedestrian signal lights up with the “walk” light, cross with the green light if there is no pedestrian signal, and in both instances, look both ways for turning or approaching vehicles.
• Walk along the shoulder of a road facing traffic if there is no sidewalk.
• Pay attention to vehicles that are backing up or pulling out as drivers may not see you in their rear view mirror.
• When walking, wear bright or florescent colors in the daytime and lit or reflective material at night to increase your visibility

Because the vehicle in this case was not occupied when it hit the pedestrian and the vehicle´s emergency brake reportedly failed, the legal implications of this accident could be very complicated and will undoubtedly need an experienced Boston pedestrian accident lawyer. If you have been involved in a pedestrian car accident, it is in your best interest to contact a lawyer as soon as possible.

This case has numerous angles we could discuss, for the purpose of this blog we will look at some of the insurance coverage issues that the injured pedestrian may encounter. Clearly the pedestrian has a claim against the owner and his insurance carrier. While the owner claims that the brakes failed, this argument doesn’t necessarily get him or his insurance carrier off the hook. The vehicle needs to be looked at by experts that can determine if the brakes failed and if that was the sole cause of the accident. In addition, the pedestrian may find out that the vehicle didn’t have enough insurance coverage to pay for the injuries in the claim. It will be important to know if the pedestrian had their own insurance policy or if someone in the household had an active automobile insurance policy. Generally hiring a personal injury attorney can help you get answers to these questions in a prompt manner. In addition an injury lawyer can assist with the medical bills, lost wages and other expenses that can occur with an accident of this magnitude.

Sources:

Woman seriously injured by rolling vehicle on Beacon Hill, The Boston Globe, May 25, 2011
Chaos ensues after empty car hits woman, The Boston Globe, May 27, 2011
Pedestrian Safety Tips, Massachusetts Department of Transportation
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UConn Student from Westminster, Massachusetts, Killed by Campus Shuttle Bus

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The Massachusetts Supreme Judicial Court has ruled that prosecutors no longer have to ask a technician to testify that the breathalyzer machine was functioning correctly in drinking and driving cases. In the Commonwealth v. Zoanne Zeininger, SJC-10758, the state’s highest court refuted claims by Zoanne Zeininger, who had a breathalyzer test administered and was then convicted of operating a motor vehicle under the influence, that the certification of the machine and maintenance records was testimony and thus the technician who had prepared them should be cross-examined by her defense.

Zeininger´s defense argued that the Constitution´s Sixth Amendment gives people the right to cross-examine the witnesses against them and also referred to a United States Supreme Court case, Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), in which justices ruled that drug lab experts should testify because drug analysis certificates were used as testimony. The Court resolved that it was a violation of the Sixth Amendment right of confrontation for a prosecutor to submit a drug test report without the lab technician´s testimony.

The Massachusetts Supreme Judicial Court also referred to a section of the Melendez-Diaz case in which it admitted that “documents prepared in the regular course of equipment maintenance may well qualify as nontestimonial records.” Thus, as written by Justice Robert Cordy, in Commonwealth v. Zoanne Zeininger, the court ruled that the “records are non-testimonial, and their admission without the live testimony of the technician who prepared them did not violate the confrontation clause of the Sixth Amendment.” They also noted that such machine and maintenance records were solely office records, in order to “guarantee, internally, as a matter of course, and when necessary, in court, the accuracy and standardization of all breathalyzer testing across the various police departments of the Commonwealth.”

David E. Sullivan, Northwestern District Attorney, commented “I am very pleased that the SJC accepted our argument that requiring breathalyzer technicians to testify in every OUI trial is wholly unnecessary.”

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

Source:

SJC rejects challenge to breathalyzer test certification, Boston Globe, May 24, 2011

Related Blog Posts:

Alcohol Detection System Being Developed to Promote Safe Driving

State Senator Katherine Clark Calls for Clearer Drunk Driving Laws in Massachusetts

Drunk Driver Kills Two Teens Not Wearing Seatbelts in Somerville

Massachusetts Woman Arrested for Driving Under the Influence and Causing Fatal Accident on I-395
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An accident in Avon involving a young boy and a police cruiser yesterday evening is under investigation. Anthony Charette, age 7, was riding his bicycle when he was hit by a Holbrook police officer. Charette first landed on the cruiser´s windshield and then fell into the street. He was taken to Boston Medical Center with serious injuries, but reportedly not life-threatening. He is reported to have multiple broken bones. Police report that the police cruiser was travelling at a slow speed. The boy was out with his grandmother and younger sister and had just come out of the driveway and onto the street at the time of the accident. The name of the cruiser´s driver has not yet been released.

This bike accident comes at the time of National Bike Safety Month and last week was Massaschusetts´ Bay State Bike Week, from May 14th to 20th. MassBike and the Massachusetts Department of Transportation, along with several statewide departments, have created Same Roads. Same Rules., a helpful safety resource for bicyclists of all ages.

Safety guidelines for all bicyclists are to:

• 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 • Give pedestrians the right-of-way
The National Highway Traffic Safety Administration (NHTSA) recommends that children under the age of ten should not ride in the street as is recommended for older bicyclists. They recommend that the sidewalk is a safer place for a child under ten to ride their bike. The NHTSA also reports that 630 bicyclists were killed in 2009 in the U.S. and 51,000 bicyclists were additionally injured in accidents with cars.

At Altman and Altman we have been representing individuals who have been injured in bike accidents, motorcycle accidents and mo-ped accidents for over three decades. We have seen that once springtime arrives, bicyclists hit the roads after a long winter hiatus. Drivers are not often used to seeing bicyclists, which often leads to an increase bicycle accident injuries. When a bike accident occurs often times it is confusing for the cyclist. There are insurance coverage questions, lost wage issues, and bike repair bills that need to be addressed.

In addition, bicycle accidents can sometimes be catastrophic. If you have been involved in an accident, it is generally in your best interest to get a lawyer involved sooner than later. Preserving the evidence, hiring experts, bringing in accident reconstruction teams, often has to be done immediately after an accident. These types of steps among others are often needed to identify which party was at fault.

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

Sources:

Child hit by police cruiser, Fox25/ MyFoxBoston.com, May 23, 2011
Same Roads. Same Rules., MassBike.org
Bicycles, National Highway Traffic Safety Administration
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Charges are pending for 29-year-old Timothy Tatro from Pittsfield as an investigation is underway as to why he drove his van off of the road and crashed into a house on Route 7 in Williamstown. Tatro´s vehicle drove approximately 178 feet off of the road at a large curve, onto the front lawn, and into the house´s front bedroom. The crash then quickly ignited a fire in the house and Tatro was rescued before he was harmed by the fire.

The two residents of the house were home but out of harm´s way in the living room. Authorities explained that everyone involved is very fortunate, given the severity of this situation. Williamston Police Chief Kyle Johnson confirmed “There were two people in the home. I’m told they were both away in the living room when the car hit, and I think it jolted one of them out of their seat.”

Donna Sampson, a neighbor who witnessed the house catching on fire explained that the house was quickly engulfed in flames after the car hit the house. She said that the accidents on this road are usually coming from the opposite direction of the curve, whereas this vehicle was heading southbound.

Although the cause of this crash is still under investigation, given the circumstances, distracted driving could have played a role in this one-car accident. Distraction.gov, the Official US Government Website for Distracted Driving, reports that in 2009, approximately 448,000 were injured in car accidents due to distracted driving, meaning that 20% of all injury crashes involved distracted driving.

Distractions that can inhibit driver ability are:

• Talking on a cell phone (even if it is hands-free)
• Texting • Eating or drinking • Talking with passengers • Grooming • Reading (including maps)
• Using a PDA or navigation system • Watching a video • Changing the music or radio station

If you have been involved in a Massachusetts car accident or your personal property has been damaged due to a car accident, it is in your best interest to contact a Massachusetts car accident lawyer.

Sources:

Car crashes into home, bursts into flames, WNYT/CNN, May 18, 2011

Statistics and Facts About Distracted Driving, Distraction.gov Continue reading

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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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May is National Bike Safety Month. Bike fatalities and bike accidents with other vehicles plague the whole of Massachusetts in cities, on college campuses, and in rural areas alike. Because bicyclists have very little protection against cars or other large vehicles, the effects are more often than not, very severe. Unlike riding in a car, where the driver and passengers have protection such as seat belts, airbags, and other protection, bicyclists´ only protection is a helmet.

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 where there are more cars and bikes on the road. 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.

Here in Massachusetts, the Massachusetts Department of Transportation (MassDOT) and the Massachusetts Bicycle Coalition (MassBike) have joined forces during National Bicycle Month to create Bay State Bike Week, from May 14th to 20th. Throughout the week, statewide events will be held to celebrate bicycle transportation and to promote bike safety.

In order to ensure a safe ride and to help prevent collisions with cars, here are some valuable safety tips:

• Always wear a helmet.
• Know the rules: just like motor vehicles, bikes must stop at stop signs and red lights, and only proceed when the light is green.
• Make sure your bike is in good condition before riding, especially if it has been neglected during the winter. Check the brakes, wheels, and tires.
• Always keep an eye out for open car doors, especially on narrow or busy streets.

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

Sources:

Bay State Bike Week, Massachusetts Department of Transportation
Bicycles, National Highway Traffic Safety Administration
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SRPEDD Releases List of 100 Most Dangerous Intersections in SE Massachusetts

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A serious single-car rollover accident on I-290 in Northborough is under investigation. Massachusetts State Police reported that around 1 p.m. on Saturday, a Mazda rolled over in the median between the east and west-bound lanes. The female driver and the male passenger have been taken to the Worcester UMass Memorial Medical Center. Although their names have not yet been released, police confirmed that the passenger´s injuries were very severe.

Data produced by the National Highway Traffic Safety Administration shows that approximately 85% of rollover fatalities are the result of single-vehicle crashes. Most rollover accidents do not involve another vehicle and thus the status of the driver at the time of the crash is a key factor in the crash.

The Massachusetts Department of Transportation reports that 15% of vehicles involved in Massachusetts fatal crashes were rollovers in 2006.

Driving while exhausted, distracted, and under the influence can lead to a higher chance of rollover accidents. Properly inflated tires and ensuring that your cargo weight is not too heavy for your vehicle can also increase your ability to maintain vehicle control.

A tripped rollover, or a rollover caused by the tires digging into soft soil or hitting an object, can occur due to any of the following circumstances:

• Soft soil • Guardrail • Another vehicle • Steep slope
When involved in a Massachusetts car accident, it is advised that you contact an experienced Massachusetts car accident lawyer.

Sources:

Single-car rollover accident on I-290 seriously injures one, TheDailyNorthborough.com, May 07, 2011
Roadway Safety Tips, Massachusetts Department of Transportation
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Vehicle Hit and Rolls Over on Route 9

SUV Rollover Accident in Sandisfield

Man Injured in Mass. Pike Rollover
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A severe two-car accident on the Boston Turnpike/Route 9 in Shrewsbury yesterday resulted in an overturned vehicle and the temporary closure of Route 9 Eastbound. A 2008 Subaru Forester, driven by Antonia Cappuccio who is 61 and from Jefferson, rolled over when she was hit by a 1995 Lincoln Continental driven by Mary Iannotti, age 84, from Worcester. Cappuccio and Iannotti both hit the center divide and the Subaru continued to rollover. The Lincoln drove off of the road to the right.

Each driver suffered injuries and were both taken to UMass Medical Center in Worcester. The two passengers in the Subaru were also taken to the hospital, one of which was a young child
who was taken to be evaluated.

The cause of this accident continues to be under investigation by an accident reconstruction team and the Shrewsbury Police.

Rollover accidents can occur in many different circumstances. The National Highway Traffic Safety Administration warns that there is a greater rollover risk if:

• The driver is inexperienced or fatigued • The driver is distracted • The tires are not the correct size for the vehicle • The tires are improperly inflated
• Cargo or passenger weight surpasses the recommended weight found in the vehicle´s user manual.

If you have been involved in a Massachusetts car accident, it is advised that you contact an experienced Massachusetts car accident lawyer.

Source:

Major accident snarls Route 9 in Shrewsbury, The Shrewsbury Lantern, May 3, 2011
Rollover, safecar.gov
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A fatal accident in Raynham over the weekend is under investigation. The head-on collision on Saturday killed a mother from Taunton. Her only passenger was her 2-year-old daughter, who survived. Kerrin Durrigan was driving a white sedan on South Main Street when it collided into a black pick-up truck driven by Richard Lawrence, 25. His passenger was Justin Hauk, 27. Both from Raynham, they were taken to Morton Hospital and Medical Center. They were treated and have since been released.

Durrigan was trapped inside her vehicle and had to be extricated from the severely damaged car. Firefighters then performed CPR on Durrigan and she was taken to Morton Hospital and Medical Center. Fire Chief James Januse said that she was pronounced dead soon after.

Her daughter, Teagan Wilson, was taken to a Boston hospital to be monitored. Fire Chief Januse said “The child was in a car seat. That probably saved her life.”

The National Highway Traffic Safety Administration (NHTSA) reports that approximately 8,959 young lives were saved from 1975 to 2008 because of child seats and restraints. Massachusetts law requires the use of child car seats until children are 8 years of age and are at least 57 inches tall.

The NHTSA recommends to:

• Find a car seat that fits your child’s age, height, and weight.
• Keep your child in the car seat for as long as they fit the seat’s height and weight requirements found in the manual.
• Children under 13 should always sit in the back seat.

When involved in a Massachusetts car accident, it is advised that you contact an experienced Massachusetts car accident lawyer.

Sources:

Raynham Fire Chief: Being in car seat ‘probably saved’ child’s life in car crash, Taunton Daily Gazette, May 2, 2011

Child Passenger Safety Laws, Governors Highway Safety Administration, May 2011
Related Blog Posts:

Massachusetts Car Crash Injures Mother and Baby
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A number of Wednesday morning car accidents this week left one man dead and Massachusetts State Police busy from accident to accident during the morning commute.

The most severe of four accidents involved a 46-year-old man from Derry, John Perry. After losing control of his vehicle on Route 3, he crossed over an exit ramp in Tynsgborough, crossed the median, rear-ended another vehicle, and then tumbled into the side embankment. Perry was pronounced deceased at the scene of the accident. State Police report that the accident is under investigation but Perry might have suffered from a medical condition that led him to lose control of his vehicle.

Another crash, on Interstate-93 South, was a two-car crash near Ballardvale Street in Wilmington at 6:45 a.m. One person was taken to the hospital for minor injuries.

The third accident involved a commercial vehicle and a 2008 Pontiac Grand Am. William Gurrisi Jr., 48, from Haverhill, was driving the commercial vehicle and Rosalie Papoutsy, 73, from Atkinson, was driving the Pontiac. Gurrisi was transported to Lawrence General Hospital for his injuries. Both vehicles were towed from the scene of the accident. The accident is under investigation and the cause of the accident is not yet known.

The final accident occurred at 6:50 a.m. on Interstate-93 South near Dascomb Road. Thomas Judd, 58, from Lowell was driving his 1998 Buick Regal when it caught fire. He was able to pull over to the side of the road and escape without any injuries before the vehicle was fully engulfed in flames. The Andover Fire Department was able to extinguish the fire and the cause of the fire is under investigation.

Although the causes of all of these early morning accidents are under investigation, it is important to be aware of common early morning driving hazards and to never drive when fatigued.

• Do not start your journey tired.
• Do not continue to operate your vehicle if you become tired while driving. Pull over to a safe rest stop as soon as possible.
• Plan at least 15-minute breaks every two hours for long drives.
• Opening the window for fresh air or turning up the radio are only sufficient until you find a place to pull over.

If you have been in a Massachusetts car accident in which fatigue may have been a factor, contact an experienced Massachusetts car accident lawyer.

Source:

Derry man dies in Mass. accident, The Eagle-Tribune, April 28, 2011 Continue reading

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