Boston Accident Injury Lawyer Blog

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September 4, 2009 - Thomas McNevin, 26, of Wareham, Massachusetts has died from serious personal injuries suffered on Wednesday evening as the result of a motorcycle accident. McNevin was operating the motorcycle, which collided with a car on Summer Street in Kingston, Massachusetts.

The car was a Ford Taurus driven by a woman traveling southbount down a hill, who appeared to have crossed over the double yellow line while turning into a driveway. Some witnesses said that McNevin may have been speeding and he did not appear to be wearing a DOT certified helmet.

McNevin was first taken by ambulance to Jordan Hospital in Plymouth, but then air-lifted to Brigham and Women's Hospital for further treatment. According to police, he was pronounced dead at 9:51 p.m.

The accident occurred just before 6 p.m. at the corner of Route 3A and Maple Street, just north of the MBTA commuter rail tracks. A Massachusetts State Police accident reconstruction team is assisting Duxbury police as well as the the Bureau of Criminal Investigation of the Plymouth County Sheriff. The driver of the other car has not been identified and the accident remains under investigation at this time.

Source: Wicked Local

Continue reading "Kingston, Massachusetts: Young Motorcylist Dies After Collision" »

September 1, 2009 - Christopher Brooks, 18 of Middleboro, Massachusetts, has died as a result of personal injuries suffered when he was hit by a van. Brooks was skateboarding on Route 28 in Middleboro when he was struck by a 2003 Ford Minivan driven by Jordan Layman, 16 also from Middleboro.

The accident occured just before 11:25 p.m. on Saturday. When the Middleboro police and fire departments arrived, Brooks was pronounced dead at the scene. Brooks was apparentlt heading home and was wearing dark clothing. The stretch of highway that Brooks was traveling on was not well lit, did not have sidewalks, and has a speed limit of 50 miles per hour.

Layman had his junior operator's license for just 2 months but was driving within the limits of his license. Police do not suspect alcohol, drugs or speed to be factors in the accident. An investigation remains ongoing by the Middleboro Police Department and the Massachusetts State Police.

Source: Boston.com

Continue reading "Middleboro, Massachusetts Skateboarder Struck by Van" »

August 20, 2009 - Aaron B. Shickman, 41 of Lowell, Massachusetts died after sustaining serious personal injuries when his bicycle was hit by an sport utility vehicle. The accident occurred on Wednesday near the intersection of Middlesex and Pawtucket Streets at 1:35 p.m.

Shickman was not wearing a helmet when his bike was hit by a 1999 Ford Explorer driven by an 18 year old Lowell woman. The man was transported by a medical helicopter to Beth Israel Hospital in Boston.

This accident occurred just hours after Richard L. Campbell, 69, was hit by a car while riding his bike through Marshfield. Unfortunately, Campbell did not survive either.

The accident remains under investigation.

Source: Boston.com

Continue reading "Lowell, Massachusetts Bicycle Accident Causes Another Death" »

August 20, 2009 - Richard L. Campbell, 69 of Marshfield, Massachusetts, has died as a result of serious personal injuries sustained when he was hit by a car while riding his bike. The accident occurred at around 10:30 a.m. on Wednesday on Dyke Road in Marshfield near the Green Harbor Yacht Club. The driver, who's name has yet to be released, has been identified as a woman in her 20s.

Campbell was rushed from the scene to Massachusetts General Hospital on a medical helicopter. He was pronounced dead after arriving at the hospital.

Police have confirmed that Campbell was not wearing a helmet and that he was struck in the middle of the road

The driver stopped and was talking to police after the accident. The car's windshield was shattered and the bike was badly damaged.

The cause of the accident is unclear at this time and no criminal charges have been filed against the driver. The accident remains under investigation.

Source: The Patriot Ledger

Continue reading "Marshfield, Massachusetts Biker Killed" »

September 2, 2009 - Robert G. Farner, 81, and Chloe K. Farner, 77, both of Cottonwood Shores, Texas, have died as the result of personal injuries suffered when they were struck by a car in the breakdown lane on I-395 on Saturday morning. The elderly Texas couple had stopped to change a tire on their camper trailer. Both were pronounced dead at the scene, according to Massachusetts State Police.

Geoffrey K. Wahome, a 21-year-old from Lowell, Massachusetts man was driving his sedan, a Nissan Altima, driving northbound at about 6:40 a.m. when he veered off the road and slammed into the couple's truck and trailer, state police said.

Wahome was seriously injured when his car flipped from the impact and landed upside down in the breakdown lane. He was taken by ambulance to University of Mass. Memorial Medical Center for treatment and was listed in serious condition Saturday evening. It is unknown at this time whether alcohol or speed were a factor in the crash. The crash remains under investigation at this time.

Source: Worcester Telegram

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.

July 7, 2009 - Frederick Brantley, 36 of West Yarmouth, Massachusetts, suffered serious personal injuries in a motor cycle accident on Sunday. Brantley lost control of his motorcyle while riding on Water Street in Sandwich just after midnight. Brantley failed to negotiate a turn and then collided with a tree and a telephone pole.

Brantley was airlifted to Massachusetts General Hospital, where he was treated, admitted and currently remains in good condition. The accident is still under investigation.

Source: Cape Cod Times

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.

June 22, 2009: Cathyann Pandolfo, of Uxbridge, Massachusetts, has died as the result of personal injuries suffered in a motorcycle accident on I-93 South in Windham, New Hampshire. Cathyann Pandolfo was riding on the back of a motorcycle driven by Derek Pandolfo. Investigators believe that they were husband and wife.

Witnesses claim that the motorcycle drifted onto the shoulder between exits 3 and 4 and encountered some gravel. The bike flipped over twice throwing both from the vehicle. Ms. Pandolfo was pronounced dead at the scene. Mr. Pandolfo sustained serious injuries and was taken to nearby Parkland Medical Center and later transferred to Beth Israel Hospital in Boston.

The accident is still under investigation by New Hampshire State Police, but it does not appear that drugs or alcohol were factors in the crash. Police have confirmed that both riders were wearing helmets at the time of the accident.

A civil claim by the passenger of a motorcyle can arise against the driver for personal injuries or death, even if the parties are related. In the case of a death, a representative of the deceased person, after obtaining court approval in the state of residence of the deceased, may make claims on behalf the estate. When the driver is the spouse of the deceased passenger, in most instances, someone other than the spouse will become the representative of the estate, for obvious reasons. 

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.

June 16, 2009: Diya Patel, a 4-year-old Stoughton, Massachusetts girl, died early Sunday morning as the result of serious personal injuries after being struck by a car on Wahington Street in Stoughton, Massachusetts on Saturday. The girl was hit on Route 138 while she crossing the street on her scooter. She was in a crosswalk and accompanied by her grandfather and siblings. She was transported to Tufts medical center after a nurse and off duty firefighter at the scene had attempted to revive her by performing CPR on the child.

The driver has been identified as Ilse R. Horn who resides in senior community housing in Canton. The Stoughton police announced today that it would be summoning her to Stoughton District Court on charges of vehicular homicide, negligent operation of a motor vehicle, driving to endanger and failure to stop for a pedestrian in a crosswalk. The RMV revoked her operator's license today, saying she was a safety threat.

Stoughton Police investigated and were reconstructing the accident. There were no skidmarks and it appears that  the 88-year-old driver never saw the girl. The speed limit along that section of Washington Street is 35 mph. Investigators allege that Horn was driving a Toyaota Camry and was not speeding when the child was hit.

This was the third serious accident in the Boston area involving an elderly driver this month, including a 93 year old man who injured 6 pedestrians at a Walmart in Danvers and a 73 year old woman who injured 7 people in a crowd in Plymouth. Senator Brian Joyce, of Milton, is sponsor of a bill in the house, which would require mandatory road testing of anyone over the age of 85. The question is open whether driving tests for the elderly would have saved this little girl, but it appears that stricter requirements may result from this tragic accident. The legislature obviously needs to take a closer look at this issue. 

Sources: WPRI.com

            Boston.com

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours. 

Daniel Tourville, a 24-year-old Ware man was in serious condition early Monday afternoon at the University of Massachusetts Medical Center in Worcester after losing control of his motorcycle. Incredibly, Tourville was not wearing a helmet at the time of the accident. Apparently, Tourville drove off the road, hitting a tree stump and utility pole. He was initially taken to Baystate Mary Lane Hospital, and then airlifted to the U. Mass. Medical Center in Worcester. Police are investigating the accident.

Statistics indicate that the use of helmets saves lives and prevents brain injuries. According to the NHTSA, in 2007 motorcycle helmets saved 1,784 lives. NHTSA says that if all motorcyclists had worn helmets, 800 more lives would have been saved. Helmets are estimated to be 37 percent effective in preventing fatal injuries and 67 percent effective in preventing brain injuries.nd prevents brain injury.

See Masslive.com

See Insurance Information Institute Article

See 2005 NHTSA Study

The wife of an employee who suffered injuries while operating a forklift, which resulted in his death, is entitled to keep an award of $1.5 million awarded by a jury who found that the manufacturer of the forklift beached a duty it owed to the subsequent users of the machine, even though they were not its original purchasers.

The U.S. First Circuit Court of Appeals had certified a question to the Maine Supreme Court regarding a jury instruction given in the case, which was taken from the Restatement of Torts, section 10, involving products liability. The question was whether a manufacturer had a duty to warn known but indirect purchasers where a product was not defective at the time of sale, but a product hazard developed thereafter.

The Maine Supreme Court answered in the affirmative, not relying on the Restatement language, but based on the facts presented in the case, determining that liability could be established on a theory of simple negligence. This was so because the manufacturer specifically knew that this company owned one of its forklifts and therefore the risk of injury to this particular defendant was foreseeable.

The Defendant argued that it was entitled to a new trial because the Restatement jury instruction was improper, based on this interpretation. The First Circuit disagreed. Specifically, the Court found that the duty of care issue had been properly presented to the jury, and before the Court made any kind of ruling on the jury instructions, and in fact it was the Defendant who had requested the Restatement instruction.

Continue reading "Jury Award to Victim of Forklift Accident for $1.5 Million Upheld by U.S. First Circuit Court of Appeals" »

A claim filed in United States District Court filed by a 28 year old Derry, New Hampshire mother on behalf of herself and her deceased 6-year-old son settled on the eve of trial for $2.5 million.

The mother was driving a motor vehicle northbound on Interstate 93 in February, 2007 in a snowstorm and icy conditions when her the vehicle was struck by a tractor trailer, which jack knifed while attempting to pass her. Her car was dragged several hundred yards.

The boy was killed instantly and the mother suffered grave injuries, including a concussion, a lacerated liver, a fractured right hip and a collapsed lung. She remained in a coma for five days without knowing that her son had died in the accident.

Her Massachusetts accident attorney filed an action against the driver of the truck and his employer, Fidele Tremblay Inc., owner of the truck, alleging that the driver was operating at an unreasonably high speed given the road conditions.

As reported in: Manchester Union Leader

Continue reading "New Hampshire Accident Causing Injury to mother and death of child settles for $2.5 million" »