Car Accidents

June 11, 2009

Rhode Island Auto Accident Takes Two Teenage Lives

by Boston Lawyer

Marcello Ventrella, and Aram J. Pothier, respectively of Bellingham and Blackstone, Massachusetts, have died as the result of personal injuries suffered after a night of teenage drinking. They were passengers in a motor vehicle driven by Robert Baez, who was seriously injured, but survived the accident. The accident took place on I-295 in Smithfield, Rhode Island. Both of the deceased were riding in the backseat, were not wearing seatbelts and were pronounced dead at the scene. The fourth passenger, Christopher J. Cuomo, escaped without serious injuries.

The young men began their night in Massachusetts, but allegedly ventured to a Providence, Rhode Island bar, where it appears they were served alcohol. Rhode Island State Police are still investigating the details of the accident and the events preceding the accident. However, it appears that all four of the young men had been drinking and were served in the bar, as yet unidentified.

The obvious question arises as to who is ultimately responsible for this tragic accident. Baez, the young driver, of course is the primary responsible party. However, the tougher question is whether others can and should be held responsible for the condition he was in at the time of the accident. Given that all four were underage, including Baez, if it is true that he was served at a public drinking establishment, the owners of that bar may bear some responsibility for the accident.

The law with respect to the responsibility and liability of public establishments, which are licensed to serve alcohol is well established in Massachusetts and Rhode Island, “Dram shop liability” arises when bars and liquor stores negligently serve alcohol to underage or noticeably intoxicated individuals. This requires proof that the bar knew or should have known that the customer who drove a vehicle was intoxicated.

A traditional dram shop case involves an innocent injured third party such as the driver of another vehicle or somewhat walking down the street. The fact that the claimant in this instance were passengers in the vehicle, may have also been drinking themselves, and likely knew that Baez also had been drinking. Such facts may raise issues of comparative negligence, but does not bar recovery for the families of the deceased young men who died in this accident.

Source: Bostonchannel.com

January 23, 2009

Worcester Area Car Accident Reminds of Duty of Emergency Responder to Stop before Proceeding through Intersection

by Boston Lawyer

A January 22, 2009 collision between a police cruiser responding to an auto accident and a vehicle driven by an Auburn woman has reminded us of a law little known to most, which limits the unfettered rights of official vehicles responding to an emergency.

While it is well known that laws require driver’s to yield to police and other emergency vehicles, few are aware that the responders also have limitations on their rights. Specifically, although permitted to pass through an intersection against a red traffic light or where there is a stop sign, in the interest of avoiding dangerous collisions, the responders are nonetheless required to come to a complete stop before proceeding.

This particular car accident occurred in Sutton, Massachusetts at around 8:45 a.m. when a car collided with a Sutton police cruiser at the intersection of Route 146 and Boston Road. Although the woman was cited for failing to yield, it appears that she was legally passing through the intersection with a green light, and the police cruiser passed through a red light signal.

Apparently, other vehicles were aware of the cruiser and had yielded, but the woman did not. It is assumed she was not aware of the presence of the police car, and the obvious question is whether the cruiser indeed came to a complete stop before proceeding through the intersection.

police-cruiser-collision If it is determined that the officer did not completely stop before proceeding, he violated a Massachusetts statute, G.L. c.89, §7B, entitled Operation of emergency vehicles , which states in part:

….that the driver of a vehicle of a police or recognized protective department or the driver of an ambulance, in an emergency and while in performance of a public duty or while transporting a sick or injured person to a hospital or other destination where professional medical services are available, may drive such vehicle …through an intersection of ways contrary to any traffic signs or signals regulating traffic at such intersection if he first brings such vehicle to a full stop and then proceeds with caution and due regard for the safety of persons and property…

December 17, 2008

The Massachusetts Appeals Court has Reversed a Superior Court Judgment denying Uninsured Motorist Coverage due to Late Notice for a Passenger Injured in a Worcester Taxicab

by Boston Lawyer

PILGRIM INSURANCE COMPANY vs. MOLARD

No. 07-P-1676, December 16, 2008.

In a two car motor vehicle accident where a passenger in a taxi cab sustained injuries, which did not become apparent until after she had returned home, and thereafter, despite reasonable efforts, was not able to identify the operator of either the taxicab or the second car in the accident, The Massachusetts Appeals Court has reversed a lower court judgment denying uninsured motorist coverage from a policy issued to the injured girl’s mother.

The passenger was an eighteen year old girl who was injured while riding in a taxicab in October, 2002. She was unable to identify either the taxi driver or the driver of the other vehicle involved in the accident, and therefore, because she lived at home with her mother, she filed a claim seeking uninsured motorist benefits under her mother’s policy. The insurer declined coverage on the basis that there was no hit and run accident and that it had been prejudiced by girl’s late notice of the claim. It then filed a declaratory judgment action in Superior Court and the girl counterclaimed. The lower court judge granted judgment for the insurer finding that there was a “hit and run accident” as defined under the policy, but that the late notice had prejudiced the insurer. The Appeals Court, however, concluded that genuine issues of material fact precluded entry of judgment for either party. More specifically, it found that a passenger in an at-fault vehicle who, unaware of her injuries or incapacitated by them at the time, leaves the vehicle without obtaining identifying information about the vehicle, may be entitled to recover under the hit-and-run provisions of the policy.

December 11, 2008

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

by Boston Lawyer

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.

December 2, 2008

SJC Says Boston Accident Victims can sue Livery Service for Permitting Intoxicated Customer to Operate Vehicle After an Evening of Partying

by Boston Lawyer

COMMERCE INSURANCE COMPANY vs. ULTIMATE LIVERY SERVICE, INC.
SJC-10149, November 26, 2008.

The Massachusetts Supreme Judicial Court has ruled that Boston Accident Victims of a two car collision could sue a livery service whose driver permitted an intoxicated customer to exit its van after a long night of partying and drinking, and to operate his vehicle to return home. He never made it, causing an accident with another vehicle, in which one occupant was killed and several seriously injured as the result of the crash.

The Court reversed a lower court dismissal of the action against the livery service, and also reversed a declaratory judgment, which had entered, permitting the insurer, Commerce Insurance Company to avoid coverage and its obligation to defend the action.

In August, 2001, a group of men had hired the services of Ultimate Livery Service, Inc. to attend a bachelor’s party. The group planned to consume alcohol and wanted someone else to drive, so they wouldn’t have to worry about getting home. It was arranged that the group would be picked up and dropped off at a bar in South Boston.

A member of the group, William Powers, drove his girl friend’s vehicle to the bar on the evening of the party. He drank at the bar until Ultimate’s driver and van arrived around 8 P.M. They left the bar, went to a liquor store to buy beer and then proceeded to a strip club in Rhode Island, where they continued drinking until closing around 1 A.M. They then returned to the Boston bar, continuing to drink beer in the van on the ride back.

The group arrived at the bar at about 2:00 A.M. It was closed, as was a nearby subway station. About ten minutes later, the driver departed with two member of the group, who intended to go to another party. The other passengers had left the van. The Ultimate driver did nothing to determine whether the passengers were capable of getting home on their own.

Powers, along with two others, drove off in his vehicle, and shortly thereafter, collided with another car, killing one passenger and seriously injuring most of the other occupants of both cars. Powers was transported to a nearby hospital, where a toxicology screen showed his blood alcohol level to be three times the legal limit.

November 27, 2008

Motor Vehicle Accident in Beverly, Massachusetts Kills Pedestrian

by Boston Lawyer

On Tuesday, November 25, 2008, a pedestrian was struck and killed in a motor vehicle accident, which occurred around 7:00 p.m. in Beverly, Massachusetts, north of Boston. The driver was a 37 year old Beverly resident, whom the police described as drowsy and “droopy-eyed” at the time of his arrest in his home, which was less than a mile away from the scene of the accident. Using a broken side mirror found at the scene of the accident, the police were able to identify the vehicle as a Ford Taurus, which it turned out had just backed into another car at a different location. Witnesses there were able to identify the car and provide a license number, and went to the driver’s residence. The driver was charged with driving while under the influence of drugs, leaving the scene of an accident with personal injury or death resulting, and speeding, as well as leaving the scene of another accident moments before the fatal crash. It is expected that he will later also be charged with vehicular homicide.