The bus was reportedly traveling at approximately 20 mph prior to the collision. After the fatal accident, the vehicle was observed stopped in the crosswalk where the victim had apparently been walking. It was also noted that a window on the side of the vehicle had been broken, and the victim suffered a deep gash on his head. Though emergency responders tried to revive the man at the scene, a sheet was placed over the man's body when resuscitation attempts failed.
]]> The MBTA bus driver will reportedly be placed on administrative leave as the investigation continues. Though there were no reports on any suspicions that the driver was operating his vehicle under the influence of drugs or alcohol, appropriate testing to exclude those possible factors was anticipated. Witnesses say that it appeared the driver was pulling into a bus stop when the tragedy occurred.The deceased victim's family members will surely follow the progress of the official investigation as they make final arrangements and struggle to come to terms with the seemingly senseless crash. Regardless of any action taken by Massachusetts law enforcement, the family retains the right to turn to the civil court system for reparations. A wrongful death claim is typically based upon evidence of negligence that is deemed to have caused or contributed to a fatal accident. Should the family wish to proceed, they will have an opportunity to prove the death of their loved one was caused by driver distraction or another form of negligent conduct.
Source: Melrose, MA Patch, "88-Year-Old Pedestrian Killed in MBTA Bus Accident," May 7, 2013
]]>The driver of the vehicle that struck the bread truck did not even stop at the scene of the crash. The bread deliveryman was left to fight for his own life at 4:30 in the morning. Tragically, he did not make it. Massachusetts law enforcement personnel tracked the driver to his home in Auburn by following a trail of automotive fluids that was leaking from his vehicle. Field sobriety tests were administered, and the 26-year-old man was arrested on vehicular manslaughter and homicide charges involving a DUI.
]]> Bail was originally set at $12,500. The accused man recently appeared in a Massachusetts criminal courtroom, following the return of a formal indictment against him. His bail was continued, conditioned on his wearing a monitoring device to track his movements. The next court date is scheduled for late June, and indications are that his defense counsel intends to challenge the field sobriety testing on legal grounds.As the surviving family members of the deceased victim struggle to cope with the senseless tragedy, they have the right to pursue separate legal action against the accused driver in a civil courtroom. A wrongful death lawsuit is appropriate in these types of circumstances, and it is must be based upon evidence that the fatality was caused by the negligence of another party. Should a criminal conviction be returned against the driver, the family's interests in any related civil action will likely be advanced.
Source: masslive.com, "Auburn man pleads not guilty to causing fatal accident," May 1, 2013
]]>The motorcycle riders are from West Springfield and both are said to be 45 years of age. Initial reports indicate that they were traveling southbound on Route 10. A photograph from the car crash site shows a roadway dotted with what appear to be residential homes. A police sergeant explained that a 19-year-old was backing a vehicle out of the driveway at her residence when she collided with the oncoming motorcycle.
]]> Both bikers suffered injuries that were characterized as serious. Though the precise nature of their medical issues was not disclosed, it is known they were rushed by ambulance to a Massachusetts hospital. Authorities cited the uninjured teen driver for careless driving.When a car crash of this nature occurs, there are several concerns. The most important issue is the health and well-being of the injured. They will now need to struggle with their respective recoveries, as well as the mounting bills that inevitable accompany these matters. The car driver must respond to the citation, and a conviction could help the victims in any subsequent claim for personal injuries. If they are able to establish that they were hurt due to the teen's negligence, the two may claim reimbursement of damages sustained from her as well as any separate owner of the vehicle she was driving.
Source: masslive.com, "West Springfield couple injured in Easthampton motorcycle accident," Jeanette DeForge, April 22, 2013
]]>The South American immigrant speaks a rare dialect. As such, the criminal court determined that he is not able to understand the charges against him in a sufficient manner to assist his defense counsel. The proceedings were adjourned for 60 days. At that time, the court will hold another hearing to determine if the defendant is competent to stand trial.
]]> The man, originally from El Salvador, is accused of being so inebriated that he continued to drag the victim, along with the victim's motorcycle, for more than 400 yards. He reportedly continued driving despite the pleas of witnesses to stop. When officers responding to the scene asked if he knew he had killed someone, the man is said to have simply shrugged. He has also had previous brushes with the law in Massachusetts in the more than 10 years he has lived in the country.The family members of the deceased victim are surely following the criminal proceedings and are no doubt disappointed at the apparent lack of progress. The law, however, offers other potential remedies. A wrongful death civil lawsuit is an appropriate option whenever a fatality is deemed to have occurred due to the negligent or reckless acts of another. In instances where the proof documents actions deemed to have been grossly negligent, our civil courts will consider demands for compensatory as well as punitive damages.
Source: sentinelandenterprise.com, "Only in Mass.: The Dialect Defense," April 20, 2013
]]>The car crash is said to have happened on a recent Friday night at just about 11:30 p.m. Massachusetts State Police say a man suspected of driving under the influence was headed east in the westbound lanes of Route 195. In doing so, he struck a car headed west, causing injury to two of its occupants. Both were transported to a nearby hospital. Though the specific nature and extent of their injuries was not further described, authorities reported that both victims were expected to survive.
]]> It was not clear if the wrong way driver suffered any injuries in the auto accident. Regardless, Massachusetts State Police formally charged the man with driving under the influence, as well as operating his vehicle in a negligent manner. There was no information disclosed on whether any field sobriety or breath tests were administered.A wrong way car crash typically has disastrous consequences, particularly due to the sudden and unanticipated nature of these tragedies. As the victims in this auto accident recover from their injuries, they retain the right to sue the driver for monetary damages arising from the incident. Medical expenses have a way of mounting up quickly, and when a collision results from the negligence of another party, our civil court system provides for the right to reimbursement of resulting costs and other damages permissible under our laws.
Source: wpri.com, "Wrong way driver causes crash," John Mitchell, April 13, 2013
]]>The specific details of the crash were few. It appears this was a single vehicle accident in which the driver left his companions to fend for themselves. Police are looking for a red-headed man said to be about 6 feet in height.
]]> Two of the accident victims were tended to by first responders at the accident site. Thereafter, they were taken to a local hospital. The third victim, a high school student from Marblehead, suffered more extensive injuries. He was taken to Massachusetts General Hospital in Boston. There was no further word on the extent of the injuries suffered or the updated medical conditions of any of the accident victims.Massachusetts law requires drivers involved in a personal injury car crash to remain at the scene of the accident and give reasonable assistance to any victims. Failure to do so can result in criminal charges, something which likely awaits the driver from this accident once he is located. Apart from any criminal proceedings, the accident victims have legal rights. Should the evidence suggest that the accident and resulting injuries were caused by the negligence of the driver, our civil courts will adjudicate claims for reimbursement of monetary damages sustained.
Source: boston.com, "Marblehead police investigating car accident on Humphrey Street last night leaving three injured," Terri Ogan, March 29, 2013
]]>Police are seeking to hold a 23-year-old Massachusetts woman from Middleboro criminally responsible in connection with the fatal car accident. Details of the accident in an early news report were scant. Authorities have indicated it was a head-on crash that happened close to 2 a.m. on the final weekend of March. Both vehicles flipped over as a result of the impact, and an 18-year-old woman that was behind the wheel of the car that was hit lost her life.
]]> On the Monday following the fatal accident, the Middleboro woman was arraigned. She has been accused of vehicular homicide and driving under the influence of both alcohol and heroin. There was no information disclosed on her next court date, but she reportedly continued to be incarcerated in lieu of posting bail in the sum of $100,000.As this case now begins to make its way through the Massachusetts criminal justice system, the family members of the deceased teen are likely devastated. They will surely take interest in the progress of the court proceedings as well as any continued investigation by law enforcement authorities. They have the right to file their own civil legal claim against the accused driver as well as any separate owner of the vehicle she was operating. If the woman is ultimately convicted in criminal court, the conviction and the evidence used in those proceedings may be of use to the family in a related wrongful death lawsuit.
Source: wpri.com, "Driver arraigned after deadly crash," Chris Raia, April 1, 2013
]]>The surviving family of a 21-year-old man has brought a lawsuit against the Crystal Springs School located in the Massachusetts community of Freetown. The deceased victim apparently suffered from a debilitating medical condition that caused him to attempt to swallow inedible objects. In Oct. 2011, he apparently ingested a rubber glove, causing his death by choking.
]]> The family alleges in its claim that the school was negligent in failing to properly supervise the disabled man. The lawsuit was filed in Bristol Superior Court and names both the school and its President/CEO as defendants. It is further alleged that the school staff left the man alone, though it was clear he required perpetual supervision. The glove was apparently swallowed while the man was unattended by school personnel.As this wrongful death lawsuit now makes its way to a Massachusetts courtroom, the family will have the opportunity to present its claim. If credible evidence establishes that the school was negligent in a manner that caused or contributed to the tragic fatality, our courts will consider claims for monetary damages said to have been sustained. Nothing can undo what has already occurred, but a successfully litigated claim may help the family with any financial burden occasioned by the accident and also provide them with some measure of justice in seeking to hold negligent parties fully accountable for any wrongdoing.
Source: Boston.com, "Family sues Freetown facility over son's death," March 26, 2013
]]>A recent crash near Worcester injured four people. Initial details concerning the accident were scarce. It is known that two vehicles collided with one another on Route 140. The car accident happened around 9:30 p.m. on a recent Thursday night in Westminster. It was not initially disclosed what factors may have led to the collision.
]]> At least one of the vehicles caught on fire, and an individual was trapped inside. A good Samaritan that lived near the accident scene suffered minor injuries while trying to help get the victim out of the vehicle. The critically injured vehicle occupant was rushed to UMASS Medical Center. The other two injured parties to the collision were transported to another nearby hospital. There was no further information on the specific nature of any injuries or the updated medical conditions of those involved.Massachusetts authorities now have the responsibility of piecing together exactly what happened. In doing so, it is possible that one or both drivers could face criminal charges, depending on the evidence gathered. Regardless of any law enforcement actions, the injured parties may have the right to pursue personal injury claims for reimbursement of monetary damages, including pain and suffering occasioned by the car accident. To prevail, each party will need to document that their injuries were caused by the negligence of another party, and the official police report may provide valuable evidence concerning the sequence of events that culminated in the frightening collision.
Source: myfoxboston.com, "Fiery car crash in Westminster," March 15, 2013
]]>A former Massachusetts animal control officer recently debunked some of the myths about dogs and offered some suggestions about keeping safe. For starters, the time honored myth about extending one's hand to a dog turns out to be the wrong approach. After asking the dog owner's permission, apparently the best approach is to gently tap your hand on your hip as a welcoming gesture. If a dog does attack, the animal behaviorist actually suggests a similar approach - that is, tapping your hand on your hip or offering a friendly greeting such as "good girl." Of course, asking someone facing an aggressive dog running at them to act cheerful and unafraid may not fit every circumstance.
]]> The breed does not make the dog, though all dogs are capable of biting. They are pack animals that follow a certain pecking order, and they see you in relation to their view of the world - meaning that you are a friend, an enemy or a prey. Threatening behavior on your part may trigger an aggressive response, as may any perceived interference with their surroundings or supply of food. Dog owners are also cautioned to avoid "Beware of Dog" signs as counter-productive and fostering fear when a less threatening approach may provoke a better response from the dog as well as passersby.While it is important to be aware of predictable animal behavior as a means of protecting one's safety, Massachusetts law is squarely on the side of the dog bite victim. As a strict liability state, the mere fact of an attack and injury may trigger liability under the relevant statute. Those victimized have rights, and the best first step is likely to become informed and assess what legal steps, if any, may be appropriate under the circumstances.
Source: News-Record.com, "Expert shares five dog myths," Melissa Berryman, March 12, 2013
]]>The 33-year-old victim was transferred to a local hospital. Thankfully, authorities indicated she did not appear to be in danger of losing her life. She was later released from the hospital, though the exact nature of her injuries was not further reported.
]]> Following up on witness statements, authorities alerted nearby police departments. The Massachusetts State Police located the driver in Brockton, based upon a description of the motor vehicle involved in the car crash. The 24-year-old SUV driver was then arrested and formally accused of driving to endanger, leaving a personal injury accident scene and maintaining defective motor vehicle equipment.As the accused man now prepares to defend himself in a Massachusetts criminal courtroom, the injured victim has further legal options. Should she choose to do so, she may elect to pursue a personal injury action against the driver and any separate owner of the SUV involved in the car accident. This type of claim is brought in a civil courtroom and is based upon proof that the injuries sustained were caused by the negligent conduct of the driver. If the woman is able to establish liability, our courts will consider claims for monetary damages accrued as a result of the car crash.
Source: Wicked Local Braintree, "Charges sought in Braintree pedestrian accident," Bob Aicardi , March 6, 2013
]]>The incident occurred at a private home in early January while the homeowners' teenage daughter was babysitting for a 6-year-old neighbor. The family dog was lying on a couch when the boy reached out to pet it. Instead, the dog lunged at him, causing serious personal injuries. The boy has since endured extensive surgery and faces another operation and additional medical care. Several hundred stitches were required to close the wounds to the boy's cheek.
]]> The town's Selectmen are considering a complaint from the boy's mother to classify the dog as vicious. The local Animal Control Officer visited the home, where the dog has been quarantined, and did not observe any threatening tendencies. Nevertheless, the dog previously bit the father and daughter in separate incidents. The father's wound was described as deep, and it was also noted the male dog acts aggressively about his food. The Selectmen will ultimately determine if the animal is dangerous and could order it to be euthanized or removed from the town.Massachusetts is known as a strict liability state when it comes to dog bite attacks. Nevertheless, in cases of serious injury, there are a number of legal issues and factors to take into consideration in making a premises liability claim. The best first step is to get appropriate medical care and document the details of the incident. Once that has been accomplished, it will be possible to determine the appropriate legal steps to pursue a claim for reimbursement of damages sustained.
Source: Wicked Local Mansfield, "Hearing next week in Mansfield on dog's fate," Susan Parkou Weinstein, Feb. 21, 2013
]]>The collision took place in downtown Springfield in the early afternoon. A little over two hours later, when a police spokesman commented on the accident, the details were still largely unknown. What is known is that a woman was hit by a car. A witness who happened along after the collision had already occurred said others saw a car strike the woman and then flee the scene. That version was neither confirmed nor denied by Massachusetts law enforcement personnel.
]]> The local police department's Forensic Investigation Unit was investigating the incident. No information was disclosed concerning the injuries sustained by the victim or her updated medical condition. Her age was also unavailable, as was a description of any vehicle thought to be involved.A pedestrian versus car accident is rarely good news for the pedestrian, and this one appears to be no different. As Massachusetts law enforcement investigators continue to piece together what happened, one focus will surely be on locating the vehicle involved. Once the driver is located, criminal charges are likely for leaving the scene of an accident with an injury. Moreover, the injured victim, or her family if she does not survive her injuries, has recourse to our civil court system. If the evidence establishes that the accident was due to the driver's negligence, a claim for reimbursement of monetary damages sustained is appropriate under our laws.
Source: Masslive.com, "Springfield Police block off area of Main Street in North End," Feb. 18, 2013
]]>Toward the end of Aug. 2012, a local man riding a bicycle was struck and killed by an 18-wheeler in Wellesley. The truck driver did not stop and was subsequently located by police. After an investigation, the matter was presented to a Massachusetts grand jury in Norfolk County. Despite the fact that authorities presented more than 50 exhibits and the driver was said to have had his license suspended on 19 separate occasions, the grand jury refused to indict.
]]> The grand jury's action ends the prospect of Massachusetts criminal proceedings in the matter. Nevertheless, the family has already sued the driver, his employer and the company that owns the truck he was driving. That case is based upon claims of negligence and will now move forward in civil court, where the burden of proof is less stringent than in criminal proceedings.The deceased victim, 41 at the time of the fatal accident, was survived by his wife and a 6-year-old son. The family recently commenced their wrongful death litigation in Norfolk Superior Court. In addition to alleging that the truck driver negligently caused the deadly accident, the family asserts he never should have been permitted to drive a truck. That accusation is based upon the man's lengthy driving record in our state, including the fact that he was previously involved in at least six accidents where he was deemed to be a party responsible. While it remains to be seen what the outcome of the civil litigation will be, in the interim the Department of Motor Vehicles has already suspended the man's driver's license indefinitely.
Source: The Boston Globe, "Civil suit, but no criminal indictment, against truck driver in fatal Wellesley bicycle crash," Evan Allen, Feb. 5, 2013
]]>The bus accident occurred on the first Saturday in February as an out of state bus began the trip home after a campus visit. Despite signs warning of height limits, the driver ended up on Soldiers Field Road. As he apparently tried to figure his way out of Boston, he reportedly diverted his attention to look at a GPS device. When the driver looked up again, a bridge overpass was too close to avoid a collision., The resulting crash imperiled the lives of the passengers and sent emergency personnel scrambling to save them.
]]> There were over 40 people on the bus at the time of the crash, and one suffered life threatening injuries. That individual was listed as critical. Another victim was in serious condition, while four more were designated as stable and another was awaiting discharge. In all, 35 people suffered injury. The bus driver escaped injury.Understandably, a bus or truck accident on Boston roadways is potentially treacherous. Here, the driver is expected to be cited for disobeying the height restrictions on the Soldiers Field Road. He, and the company that employed him, could face other charges if it is determined that the driver was operating the vehicle in violation of safety regulations. Further, those injured in the crash have the right to rely upon Massachusetts personal injury laws by pursuing claims for reimbursement of monetary damages sustained due to the apparently negligent actions of the driver and the bus company.
Source: Yahoo! News, "After Harvard visit, dozens injured in bus crash," Feb. 3, 2013
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