The victim's family filed a wrongful death lawsuit on Sept. 6, naming both Joe Senser and his wifeas defendants. Joe Senser was named because he was the registered owner of the involved vehicle. The two sides reached a settlement shortly before the criminal trial began, but it was not revealed because of its possible effect on potential jurors.
]]> On May 4, 2012, the day after a jury convicted Amy Senser of criminal vehicular homicide, the attorney representing the victim's family in the civil suit announced that they had accepted the amount offered by the attorney for the Sensers' auto liability policy. He added that no amount of money would ever replace the victim.The amount of the settlement was not disclosed because of the family's request for privacy, but typically attorneys on both sides in wrongful death cases arrive at settlement amounts by predicting what damages a jury would award if the case went to trial. Damages usually depend on the victim's situation at the time of his or her death. The victim's age, life expectancy, earning capacity, health and intelligence are factors considered in the damage award. Losses to dependents are also considered, as are the dependents' circumstances.
In order to get damages in a wrongful death claim, one party's negligence or intent must have caused another's death. There must also be surviving family members who are suffering financial harm because of the death, and a personal representative for the victim's estate must be appointed.
Source: Star Tribune, "Phanthavong family settles suit against Sensers," Larry Oakes, May 4, 2012.
Source: FindLaw, "Wrongful Death Overview."
]]>The cause of the crash is still under investigation, but heavy rain that morning may have played a role in the accident. Sometimes the operators of these huge vehicles drive unsafely, and the trucking companies may not maintain the vehicles according to safety standards. This negligence can have devastating consequences for innocent victims of truck accidents.
]]> When an accident involving a truck occurs, it is vitally important to begin gathering evidence immediately. Information such as police reports, names of witnesses and insurance information will be necessary. Truck accident victims may be able to obtain compensation from the owner of the trucking company and the owner of the truck for pain and suffering, medical expenses, lost wages, damage to the vehicle and other damages.Victims may also have a claim against the trucking company's insurance company. The insurance company may try to make contact and offer a settlement. Contacting a personal injury attorney is generally a wise move before accepting such a settlement because the insurance company will not necessarily have the victim's best interests in mind.
Source: Plymouth Daily News, "Several injured in tractor trailer vs car accident at school bus stop; another on Federal Furnance Road," David G. Curran, April 23, 2012.
]]>The collision sent the man reeling through the air, and he landed on the pavement 25 feet away. His injuries were severe. His left leg bore the brunt of the impact, which broke his pelvis, crushed his foot and shattered his left tibia and fibula. Surgeons operated on him for hours immediately following the accident. But that was just one of eight surgeries he has endured to date as a result of the crash.
]]> Doctors had to insert a 21-inch metal rod to stabilize his leg. After a period of time had passed, the rod was taken out and replaced with an assortment of screws, plates and bolts. In addition, he had to have a muscle removed from his back and attached to his leg to replace his left calf, which sustained grave damage in the crash.At the time of the motorcycle accident, the man was working as an EMT and firefighter and hoped to stay in that profession for his career. But his injuries preclude him from taking up that line of work again. He still walks using the aid of crutches.
This man's injuries and the alteration of his life's course could have been prevented, however. The driver of the car was a teenager who, according to the man, was eating a slice of pizza and did not see him as she tried to turn across a line of traffic.
Distracted driving can lead to a great number of needless accidents, and cause untold suffering for victims. Eating, using a cell phone and changing the radio station are just a few examples of distractions that can take a driver's attention away from the road long enough to cause a life-changing accident.
Source: Worcester Telegram & Gazette, "Motorcycle crash victim is an advocate for safety," Craig S. Semon, April 23, 2012.
]]>Many of us recognize that a person's reaction time and eyesight--two physical qualities that must be sharp in order to drive safely--gradually deteriorate with age. This can increase the likelihood of car accidents, but statistics demonstrate that seniors in certain age groups are quite safe and do not pose a higher crash risk.
]]> The data reveal that seniors in their later 60s are just as likely to be in a deadly car accident as drivers in their 30s. But there is a tipping point. Seniors 85 or older are the age group that stands the greatest risk of being in a deadly crash.While state legislatures have addressed this issue to varying degrees, some believe that states should mandate that all elderly drivers appear in person to renew their licenses instead of being permitted to do so through the mail. At the time of renewal, the senior citizens can undergo visual acuity tests to prove their eyesight is good enough to drive.
Others suggest that families take a larger role in helping seniors give up driving as the circumstances dictate. But some family members may have trouble maintaining an impartial view of an aging parent or grandparent. In addition, family dynamics can affect when seniors relinquish their driving privileges. Delays in addressing this issue can increase the risk of getting into a car crash and potentially injuring another motorist.
Source: FOXNews.com, "Diminished motor skills: 'Silver tsunami' of elderly drivers prompts tough decisions," Joshua Rhett Miller, April 16, 2012.
]]>Local police are currently conducting an investigation into the motorcycle accident. The driver of the car that killed the motorcycle rider has yet to be charged in relation to the crash. She spent one night in a hospital for treatment. The collision occurred near the campus of the University of Massachusetts-Amherst, where the victim went to school. According to the victim's mother, he lived very close to the accident site and had nearly made it safely home when the car struck him.
]]> The victim was only 24 years old and was a few short weeks away from graduating. He was studying chemical engineering. According to friends and family, he was well liked and made friends easily.It appears that the man was an experienced motorcycle rider. He once toured the country on his motorcycle and visited a number of national parks, a journey that logged more than 5,000 miles.
Nothing can ever replace the man in the lives of his family and friends. But his family may be able to seek compensation for his loss, which while not replacing him, can provide a measure of closure on this tragic accident.
Source: The Berkshire Eagle, "Hadley crash kills Pittsfield native, 24," Tony Dobrowolski and Trevor Jones, April 17, 2012.
]]>The study looked at crash statistics from three decades' worth of filing deadlines and compared them to the numbers from the days preceding and following tax day. By controlling for such variable factors as traffic laws and access to medical treatment, which could influence driving behavior and crash survival rates, researchers determined that an average of 13 more traffic fatalities occurred on tax day.
]]> Interestingly, the difference in accident deaths did not disappear when the government made electronic filing available. This suggests that people were not getting into more accidents as they were rushing to beat the deadline at the post office, but rather that there was a pervasive stress that affected people's driving habits. Researchers suggested that people may experience anxiety because they have had to pay additional taxes instead of receiving a refund. And there is the nerve-wracking possibility, though relatively small, of being audited.Increased stress levels may diminish drivers' normal level of attention, as they concentrate more on their tax returns and less on the road. One researcher advised drivers to ensure that they are appropriately focused on driving prior to getting behind the wheel. All drivers have an obligation to operate their vehicles in a prudent manner and to avoid incidents of distracted driving.
Source: MSNBC.com, "Deadly car crashes spike 6 percent on tax day, study finds," JoNel Aleccia, April 10, 2012.
]]>The husband and wife were enjoying an afternoon beside their hotel's pool. The wife was sitting in a cabana that stood on the edge of the hotel property, next to a road. Without any warning, a car came crashing into the cabana. The woman and her child were trapped under what remained of the structure and both died at the scene of the accident.
]]> According to reports, the driver of the car lost control of the vehicle, causing it to leave the road and tragically strike the cabana. The woman's husband was also in the cabana at the time of the accident. He was using the bathroom, and endured small injuries. Although he survived, when he emerged from the bathroom, he discovered that the area where his wife was sitting only moments before was devastated by a careening automobile.The cause of the crash was not immediately known. Investigators were not sure whether the driver had been under the influence at the time of the accident. The driver had to be taken to the hospital for medical treatment, so law enforcement had to wait to administer tests for drugs or alcohol.
While the law can never replace the man's wife and future child, it can provide some closure by allowing him to seek recovery for his losses.
Source: Sun Sentinel, "Tragedy strikes Fort Lauderdale visitors preparing for son's birth," Mike Clary, Mar. 19, 2012.
]]>But one man was not cautious when he approached a worker on Route 9 in 2010. Instead, he was intoxicated when he slammed into a worker, killing him. The drunk driver then left the scene of the accident, but was apprehended when the deceased man's co-workers followed him. He was convicted for his role in the wrongful death accident and this week he received his sentence.
]]> Under the sentence pronounced by the judge, he will spend eight years in prison followed by a seven year term of probation. He must also finish 1,000 hours of community service.The victim in the fatal accident had been working for the Department of Transportation as an engineer for just two years when he was killed. He had immigrated to the United States from Russia. His death leaves behind a wife without a husband and two children without a father. According to his superior at the DOT, who attended the sentencing with the victim's co-workers, he "was the best employee I ever had working with me, to be honest with you. He was a hard worker."
The sentence imposed by the judge is intended to punish the driver for causing the hit-and-run accident and to deter others from committing the same crime. While this may bring some closure to the victim's family, they can also seek compensation for their loss through the civil justice system.
Source: CBS Boston, "Man Sentenced For 2010 Drunk Driving Crash That Killed Highway Worker," Mar. 27, 2012.
]]>According to one version of the motorcycle accident, the man was riding south on Route 1 in Seabrook, just north of the Massachusetts state line. But a driver in a passenger vehicle, intending to turn northbound, pulled out of a parking lot and struck the motorcycle. The impact inflicted serious bodily injuries on the man. He endured broken bones and a brain injury.
]]> His injuries required treatment at Beth Israel Deaconess Medical Center, where he was airlifted from a local New Hampshire hospital.Of course, motorcycles have an equal right to travel the roads with cars and trucks. Drivers must operate their vehicles in a prudent manner, and this includes watching out for other motorists. Unfortunately, some drivers fail to watch out carefully enough for motorcyclists and sometimes do not see them because of their smaller profile.
Motorcycle accidents can lead to grave injuries, potentially causing the victim to incur substantial medical expenses and miss significant time from work. When a driver operates his or her vehicle in violation of the applicable standard of care, the victim has a right to seek compensation for injuries sustained as a result of the accident.
Source: The Daily News of Newburyport, "Route 1 accident seriously injures NH motorcyclist," David Rogers, Mar. 22, 2012.
]]>Regrettably, it appears that one driver in that accident may have been driving drunk before the crash. That is also the accusation leveled against another driver in a separate accident in Chelmsford. In that case, a New Hampshire driver lost control of his vehicle, resulting in a rollover accident. His passenger was ejected from the vehicle and sustained serious bodily injuries. Emergency responders transported her to the hospital where she remains in critical condition.
]]> Two trucks were involved in a third accident that occurred in Boxborough. Police reports indicate that a passenger vehicle braked abruptly, causing another chain-reaction crash. Following the vehicle was a truck loaded with fuel. The truck driver was able to avoid hitting the vehicle, but lost control and struck a barrier. A second truck, however, could not avoid slamming into the rear of the fuel tanker. The driver of the first truck was injured in the crash and received treatment at the hospital.All of the crash victims are lucky to be alive. But they still have to contend with their injuries, which may force them to miss time from work, deplete savings and potentially have effects that last a lifetime. Injured parties can seek compensation for losses incurred as a result of automotive accidents.
Source: The Boston Globe, "Car accidents Sunday briefly shut down I-93 north, I-495 south," Evan Allen, Mar. 11, 2012.
]]>In a county-wide study, those aged 65 or older had the fewest crashes in 2010. The highest number of crashes occurred in the 24 to 64 age group, while 16 to 24-year-olds had the second most. The study does not appear to take into account, however, the number of crashes as a percentage of the overall number of driving trips within each age group. It is natural to expect that the 24 to 64-year-olds would lead in crashes because they constitute the largest age group in the study by far, and because the drivers in that group, many of whom must commute to work, may make more driving trips than the average senior driver.
]]> According to a hospital executive, seniors are more likely than other age groups to have a pre-existing medical condition that can lead to a car crash. An 86-year-old woman admitted that driving can be difficult for some people her age because traffic rules do not always stay the same. "When you're not really sure what you're doing sometimes, with the new rules and new laws, it can be intimidating," the woman stated.Of course, many elderly drivers remain safe and capable behind the wheel. Some organizations offer classes for seniors so that they can assess and maintain their skill levels as drivers. Classes can cover a variety of topics, including how to drive safely in adverse road conditions.
Source: The Times Herald, "Study shows elderly have high crash, fatality rates," Holly Setter, Mar. 1, 2012.
]]>But the Berkshires were a scene of tragedy this week when a car crash on Route 7 left one woman dead and others injured. Passengers in four vehicles traveling along the road Tuesday evening were going about their daily routines, unaware that a drunk driver was only a few seconds away down the road.
]]> The intoxicated man lost control of his truck and slammed into other cars, causing a chain reaction accident that ultimately involved five vehicles. The violence of the impact killed a young woman--only 24 years old--who was driving one of the other cars. Another victim's injuries were so serious that he required a medical helicopter to transport him immediately to a hospital, where he is in critical condition.The driver of the truck has been charged with fifth offense drunken driving and motor vehicle homicide. He too is hospitalized, but the police maintain watch over his room.
Car accidents take only a few seconds to occur, but people can suffer the effect of injuries sustained in them for years. One negligent act can be enough to alter or end someone else's life. Drunk driving crashes are perhaps the most lamentable, because the injuries and deaths could have been prevented if the driver had simply made the responsible choice not to drink and drive.
Source: The Republic, "Conn. man faces vehicular homicide charge in fatal 5-car crash in Berkshire County," March 1, 2012.
]]>She had just exited the bakery on busy South Main Street when she was hit by a car. The force of the impact launched the woman onto the car's hood. She then fell to the pavement. Amazingly, however, the driver did not stop. The woman was thrown under the car and the driver ran over her legs.
]]> The driver fled the scene of the accident in his vehicle. But immediately after turning off of South Main Street, he crashed his car. Police were able to arrest the man after a witness retrained the man and prevented him from escaping on foot.Other witnesses observed the hit-and-run accident as well. They confirm that the driver hit the woman, ran over her legs and drove off. One witness had the quickness and forethought to capture the incident on his camera phone.
The driver was suspected of driving drunk and faces numerous charges including leaving the scene of an accident and driving under the influence.
Most car accidents are preventable. They are caused by a driver's inattention, distraction or, as in this case, drunkenness. Accident victims who sustain injuries as the result of another driver's negligence have a right to seek compensation. Victims may also find themselves fighting with insurance companies to provide compensation for their injuries. An experienced attorney can help victims obtain the treatment and compensation they need.
Source: WPRI.com, "Local woman survives horrific hit & run," Darren Soens and Nneka Nwosu, Feb. 15, 2012.
]]>Then a car flew by. No one caught the make, model or license plate number of the car. The best description witnesses could offer was that the man was hit by an SUV, dark in color and medium-sized. The driver sped from the scene and was never apprehended in the wrongful death accident until last month.
]]> The man's family offered a $5,000 reward for information leading to an arrest in the case. But nobody stepped forward. They doubled it to $10,000 when policed discovered that there may have been two people in the car at the time of the hit and run accident.Then an anonymous tip came from someone who wasn't interested in the money but "just wanted to do the right thing." The person knew a woman who sent her dark, medium-sized SUV in for repairs shortly after the accident. Saugus police arrested the woman and charged her with leaving the scene of an accident with property damage resulting in death. She could face up to 10 years in prison.
The victim's family perhaps can now seek the closure that they were denied during the past two years.
Source: The Daily Item, "2 years to day, arrest in hit-&-run," Taylor Provost, Jan. 30, 2012.
]]>A driver of an oil tanker truck may not have taken due care while traveling through Cambridge late last year. Reports indicate that the truck was turning from Massachusetts Ave. onto Vassar St. when it struck and killed a bicyclist in the intersection. The crash occurred after dark.
]]> The bicyclist was a 2010 graduate of MIT and had been working as a research assistant in Cambridge since his graduation. During his time at MIT, he was an upstanding member of the student body. He worked at a summer program for kids who have lost a parent to cancer and he pledged the Sigma Nu fraternity.Unfortunately, this is not the first time someone has been injured at this particular intersection. Last year, it was considered the second most dangerous intersection in Cambridge. And according to police figures, 55 accidents have occurred there since 2007, with 24 of those involving an automobile and a bicycle.
Bicycles are a great way to get around the narrow and crowded colonial streets of Boston and Cambridge. But bicycles share the roads with thousands of cars and trucks whose drivers may not be paying attention as closely as they should. Those riding bicycles should exercise caution while riding, but in the event of an accident, they should know their legal right to compensation.
Source: The Tech, "Three student deaths hit community," Derek Chang, Feb. 7, 2012.
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