Boston Car Accident Lawyer Blog

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Drunk Driver Causes Fatal Accident on Interstate 95

Elderly Driver Hits Three Pedestrians in Concord

Wed, 15 Feb 2012 15:06:16 -0500

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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Peabody Teenager Charged With OUI After Crashing Into House

Tue, 17 Jan 2012 09:22:50 -0500

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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Recent Accidents Spark Seatbelt Enforcement Debate in Massachusetts

Tue, 10 Jan 2012 21:22:55 -0500

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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Bicyclist Hit and Killed by Oil Tanker in Cambridge

Sun, 01 Jan 2012 18:55:51 -0500

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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Peabody Teenager Survives After Crashing into House and Catching Fire

Mon, 26 Dec 2011 09:22:13 -0500

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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Peabody Police Hit as a Pedestrian

Mon, 12 Dec 2011 07:44:21 -0500

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

Wed, 30 Nov 2011 10:41:03 -0500

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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General Motors Questioned After Electric Vehicle Catches Fire

Mon, 28 Nov 2011 13:45:40 -0500

General Motors Company has recently announced that they are developing a way to discharge the battery in Chevrolet Volts to prevent the battery from causing car fires after car crashes. This announcement comes after the Volt was crash-tested by the National Highway Traffic Safety Administration (NHTSA) and subsequently caught fire three weeks later, causing skepticism over safety of the electric vehicle.

Rob Peterson, a GM spokesman, said that GM is currently working with the NHTSA and will announce their safety procedures as soon as they are finished. Peterson said “We had a process internally but I don’t believe it was shared with anyone…The incident with NHTSA raised awareness that we had to develop a procedure and alert all stakeholders.” The executive director of the Center for Auto Safety in Washington, Clarence Ditlow, said “I can’t conceive that they didn’t have a standard operating procedure in place for handling a wrecked vehicle before the car went on sale…NHTSA and GM should have established protocols in place before it went on sale.” Although The Volt´s counterpart, the Nissan Leaf, had already developed and established a safety plan by the time both cars were released for sale in December 2010. Additionally, Nissan´s Leaf has a protective steel case around its battery to protect the battery from puncture, unlike the Volt.

GM believes that a coolant leak carried an electrical charge to a flammable material inside the battery. When a lithium battery is punctured by steel, a chemical reaction will raise the temperature and could potentially cause a fire. GM’s chief engineer for electric cars, Jim Federico, said that GM´s new technology reduces power in the battery so it won’t catch on fire after a collision. He said “The fire occurred because the battery wasn’t completely discharged after the test…GM developed its battery depowering process for the Volt after NHTSA’s test.”
GM previously had a process to discharge the Volt batteries but the automaker did not distribute the training to tow truck drivers, body shops, salvage yards and others who may handle or be in contact with the car after emergency personnel had finished working at the scene of an accident. The company was individually sending out engineers to check any Volt that got in an accident. If it was necessary, they would discharge the battery.

Although the NHTSA confirmed that it did not believe the Volt or any other electric vehicles are at higher risk for fires than gasoline engines, the NHTSA is currently examining the safety of lithium-ion batteries that power all electric vehicles. NHTSA is asking all automakers that sell lithium-ion powered vehicles or will sell in the future, about the batteries´ safety and potential fire risk.

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:

U.S. probes EV batteries after Chevy Volt fire, Reuters, November 11, 2011

GM Seeks Ways to Discharge Volt Batteries Following Car Crashes, Bloomberg News, November 17, 2011

Stolen Car Crash

Wed, 16 Nov 2011 14:00:07 -0500

Massachusetts and Connecticut police report that three teens have been hospitalized and remain in serious condition after they stole a car from Connecticut and crashed in Massachusetts. Early Friday morning, the three teenagers stole a gray Dodge Sebring from Grosvenor Dale, Connecticut. Connecticut State Police notified Massachusetts State Police that they were chasing the stolen vehicle on Route 395 North near the Massachusetts state line in Webster. A Massachusetts police officer, Ronald Tetreau Jr., was parked on the side of the road, and soon saw the car speeding over 100 miles per hour in Douglas. The officer attempted to follow the vehicle but temporary lost sight of the speeding vehicle. Officer Tetreau then came upon the vehicle´s debris on Webster Street, also known as Route 16. The vehicle had hit a fence, a utility pole, and rolled over several times.

The two occupants who were seated in the front of the car had been thrown from the vehicle. A 15-year-old from Putnam, Connecticut, was driving, police said. A 16-year-boy from Dudley, Massachusetts was in the front passenger and was also seriously injured. A 16-year-old female passenger was sitting in the back seat and had to be extricated from the vehicle. Police have identified the female passenger as Skyelynn Mathieu of Ware, Massachusetts, but have not released the identities of the two males in the vehicle. All three victims were taken to University of Massachusetts Memorial Medical Center, University Campus in Worcester, where they remain in critical condition.

Authorities found stolen property in the vehicle and charges could potentially be filed when the investigation is complete.

Police Chief Patrick T. Foley said that the crash is under investigation. Douglas Police are working with Connecticut State Police, and the Central Massachusetts Law Enforcement Council Crash Reconstruction Unit and the District Attorney’s Office are also investigating.

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

Sources:

Teens remain hospitalized from stolen car crash, Worcester Telegram, November 14, 2011

3 Teens Hurt in 100 MPH Crash, NBC Connecticut, November 11, 2011

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Man in Wheelchair Killed on Busy Street in Brockton

Fri, 28 Oct 2011 03:46:40 -0500

U.S. Marine Corps veteran Edwin Nelson, 65, was killed when his motorized wheelchair was hit by oncoming traffic earlier this week in Brockton. According to witnesses, Nelson was crossing in a crosswalk on Belmont Street, also known as Route 123, when a Hyundai Elantra driven by 26-year-old Frank Dernoga, of Taunton, crashed into his wheelchair. He was knocked off his wheelchair near the crosswalk and rolled into the street. He was taken to Good Samaritan Medical Center and was pronounced dead.

Nelson was living at the Veterans Affairs Medical Center which is located less than a mile away from the crash site. He was a Vietnam veteran with a spinal cord injury that led to the amputation of both of his legs. His son, Geoff Nelson, wrote that his father had been a part of research to help pioneer spinal-cord medicine over the past 36 years, along with many other spinal-cord injury patients at the Veterans Affairs Medical Center.

Nelson’s fatal accident has drawn attention to safety issues for pedestrians on Belmont Street, especially for disabled veterans who frequent the notoriously busy street. A spokeswoman for the Veterans Affairs Medical Center, Pallis Wahl, said that a treatment team including a doctor, nurse, and social worker, evaluates each patient on an individual basis to determine the necessary care and whether or not a patient needs to be escorted when outside of the facility. It was determined that Nelson was fit to be outside of the facility without supervision from an escort. Wahl said, “It’s a case-by-case basis.”

Some local residents believe that the disabled patients should always have an escort for their own safety given the circumstances of Belmont Street. One resident commented, “It is sad…I’ve seen the conditions of driving on Belmont Street. It’s atrocious.”

Police are reportedly reviewing surveillance video from a business close to the scene of the accident that captured the crash. There has not been any decision as of this week as to whether Dernoga will face charges.

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

Sources:

Disabled vet killed in Brockton accident helped pioneer spinal-cord medicine, Taunton Daily Gazette, October 26, 2011

Military veteran killed in Brockton road crash, www.Boston.com, October 24, 2011

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