Wrongful Death
After Fatal Pedestrian Crash, City of Somerville Looks at Traffic Calming Measures
Somerville residents are asking for new traffic calming measures after a fatal pedestrian crash last weekend on Powder House Boulevard and Hardan Road. Police are searching for the driver, who fled the scene.
The Somerville community is wrestling with the horrific crash that killed a teacher in a crosswalk last Friday night.
Somerville Police are still searching for the driver in the Somerville pedestrian crash. The driver struck Allison Donovan, an educator in the Watertown public school system, shortly after 7 p.m. Friday, then fled the scene. Another woman in the crosswalk suffered non-life-threatening injuries.
As police investigate, city officials say a community meeting will be held to discuss accelerating traffic calming measures for the area. The pedestrian accident happened on Powder House Boulevard, at the intersection of Hardan Road, near the West Somerville Neighborhood School. In response to the crash, the city began setting up flex posts with neon reflectors Monday.
For the short term, Somerville Police will be there to assist students who are dropped off and picked up at the West Somerville Neighborhood School. Message boards are also being deployed in the area along with the flexposts.
But residents are now calling for more, including speed bumps to force drivers to slow down.
Traffic Measures to Change Driver Behavior
Communities can implement traffic calming measures to change driver behavior and improve safety conditions for non-motorized street users. Speed bumps and raised intersections are two examples of traffic calming measures. Other examples may include protected bike lanes and cycletracks which allow cyclists to travel inside curbing and away from cars, trucks and rideshare vehicles.
Different areas may require different traffic calming measures. Some communities may address a single intersection or street. But often, communities are working on larger areas.
Slower speed limits are another traffic calming measure. Boston, Cambridge and Somerville were among the first communities to reduce speeds to 25 mph a few years ago, when the state gave communities this authority.
In Somerville, city officials have already implemented many traffic calming measures, including on Powder House Boulevard, which has received physical and painted sidewalk bumpouts, improved crosswalk markings and flashing stop and crosswalk signs and vertical reflective crosswalk markers. In the City of Somerville’s online update, it also noted there is a flashing pedestrian activated crosswalk sign at the intersection near Hardan St. This is where the pedestrian crash happened.
But this spring, Somerville city officials had planned additional traffic calming measures on Powder House Boulevard, between Curtis Avenue and North Street (the fatal pedestrian accident happened in this area). Speed bumps and traffic tables were already on the schedule to be considered after the completion of bike lanes and sidewalk bumpouts. Now, city officials say they are seeking options to bring in speed bumps and traffic tables sooner.
About Breakstone, White & Gluck – Free Legal Consultation
The Boston personal injury lawyers at Breakstone, White & Gluck specialize in representing those injured by pedestrian accidents and other car accidents. Over the past three decades, our attorneys have helped pedestrians and their loved ones understand their legal rights and obtain the full compensation they need for their injuries. When a loved one is lost, a surviving spouse or the decedent’s children may be able to pursue a wrongful death claim against those who were negligent. Our attorneys are experienced in representing families in wrongful death claims in Massachusetts.
For a free legal consultation, call Breakstone, White & Gluck: 800-379-1244, 617-723-7676 or use our contact form.
Breakstone, White & Gluck Receives Tier 1 Personal Injury Ranking from U.S. News – Best Lawyers® 2019 Edition of “Best Law Firms”
Breakstone, White & Gluck was recognized with a 2019 Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.
We are pleased to announce that Breakstone, White & Gluck of Boston has received a Tier 1 ranking from the U.S. News – Best Lawyers® 2019 edition of “Best Law Firms.” The firm received the Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.
Breakstone, White & Gluck and our attorneys have been selected for U.S. News – Best Lawyers® and “Best Law Firms” rankings this year and in the past. In this year’s Best Lawyers ratings, Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for individual recognition in various areas of our practice, including personal injury litigation – plaintiffs, insurance law, medical malpractice and professional malpractice.
The “Best Law Firms” rankings are based on a rigorous evaluation process that includes client and lawyer evaluations, peer reviews from other attorneys and other information provided by law firms.
Breakstone, White & Gluck is a top-rated Boston personal injury law firm with over 100 years combined experience and record-setting awards and settlements. Across Massachusetts and New England, our lawyers are known for our unwavering commitment to reach the best financial outcome for every client. We have earned recognition from “Best Law Firms” and Best Lawyers, along with Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers. Our attorneys hold top professional and ethical ratings from Martindale-Hubbell.
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Our Practice
Our firm specializes in personal injury and medical malpractice cases, including those involving catastrophic injuries and traumatic brain injury, including:
- Personal Injury Law
- Medical Malpractice
- Wrongful Death
- Car Accidents
- Truck Accidents
- Construction Site Accidents
- MBTA Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Gas Explosions
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- Premises Liability Accidents
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Boston Personal Injury Lawyers – Worcester Personal Injury Lawyers
If you have been injured, it is important to consult an experienced Boston personal injury lawyer or Worcester personal injury lawyer to learn your rights. You may have the right to obtain financial compensation for your injuries. Our attorneys represent those injured across Massachusetts, including in Boston, Waltham, Framingham, Cape Cod, Brockton, Plymouth, Worcester, the North Shore, the South Shore and Western Massachusetts.
For a free legal consultation, call our firm at 800-379-1244 or 617-723-7676 or use our contact form.
Breakstone, White & Gluck Representing Family in Wrongful Death Claim Against Columbia Gas and NiSource
Television news coverage showing Kenneth Deveau in a stretcher at a North Andover shelter after he was evacuated during the Columbia Gas explosions in Merrimack Valley.
Attorney Marc L. Breakstone has confirmed to the media that Columbia Gas and parent company NiSource will face a second wrongful death lawsuit following the Merrimack Valley gas explosions. Attorney Breakstone is representing the family of the late Kenneth DeVeau of North Andover, who suffered cardiac arrest and slipped into a coma after the Sept. 13th explosions. DeVeau, 57, suffered from illnesses such as Myotonic Dystrophy and a weakened heart, and had limited mobility due to a chronic neurological condition. DeVeau suffered the heart attack and injuries at an evacuation center. He was then transported to Lawrence General Hospital, where he briefly regained consciousness. He died from complications on Sept. 26.
Attorney Breakstone said the family has not yet filed the wrongful death lawsuit. They will do so once DeVeau’s sister is appointed the personal representative of his estate.
NiSource disclosed the second wrongful death claim yesterday when it filed its quarterly financial disclosures with the SEC. The company noted two parties had reported their intent to assert wrongful death claims after the Columbia Gas explosions in Merrimack Valley. Prior to this, only the family of 18-year-old Leonel Rondon had announced its intention.
News coverage:
Family of late North Andover man says he suffered cardiac arrest, slipped into coma after Merrimack Valley evacuations, Boston Globe, Nov. 2, 2018
Family says 2nd death linked to Merrimack Valley gas explosions, WCVB, Nov. 2, 2018
Second Family Plans Wrongful Death Suit Against Columbia Gas And NiSource, WGBH, Nov. 2, 2018
Second wrongful death lawsuit to be filed against Columbia Gas, Lawrence Eagle Tribune, Nov. 2, 2018
Family of man who died in aftermath of gas blasts plans suit, San Francisco Chronicle, Nov. 2, 2018
WBZ Radio Coverage: Attorney Marc Breakstone Interviewed, Nov. 2, 2018
Following Lawrence Natural Gas Explosions, Common Questions from Homeowners, Residents and Those Injured
Residents will spend weeks, months and even years recovering from the Lawrence, North Andover and Andover gas explosions. And throughout New England, many are also asking: are we safe in our homes?
If your family has been affected by the Columbia Gas explosions or fires, we can assist you. Please call us at 800-379-1244.
On Sept. 13th, natural gas explosions and fires erupted in the three Merrimack Valley communities. At least 70 blazes in all, causing devastation, dozens of injuries and one death.
Residents were forced to evacuate as Columbia Gas shut off service for 8,600 customers in Merrimack Valley. Emergency responders spent hours and hours putting out flames and stabilizing the area.
The next day, Governor Charlie Baker declared a state of emergency, putting Eversource, not Columbia Gas, in charge of the recovery. As the NTSB investigates the Merrimack Valley natural gas explosion, Columbia Gas says it will rebuild 48 miles of gas pipeline in the region. This accelerates its modernization plan for the region.
Many residents have now returned to their homes, but they are without gas service and the National Transportation Safety Board (NTSB) continues to investigate. The NTSB is investigating a pressure increase detected in the natural gas pipeline north of Boston, according to CNN. According to WCVB, NTSB Chairman Robert Sumwalt said the investigation will focus on the activity of the pressure sensors on the gas line.
Breakstone, White & Gluck provides answers to a few common questions:
- Homeowners Insurance Agents. If your home or property was damaged, contact your home insurance agent. Columbia Gas has set up a property damage hotline, but the company is struggling to keep up with claims. Many people waited in line this weekend, only to be turned away. Call your home insurance agent first. Your agent works for you and can be a resource in navigating this stressful situation. For more help, read this advisory from the Massachusetts Division of Insurance.
- Property Damage to Your Car. Contact your auto insurance if your car was parked on your property and damaged as a result of the fires and explosions.
- Gather Receipts. Collect receipts for expenses you incur as a result of the gas explosion, including for hotel rooms, the purchase of new groceries and home maintenance. Keep a written list of other losses, such as if you miss work or your child misses school. Note everything, even things such as your child missing out on playing after-school sports for an extended period, if relatives cannot come stay with you for the holiday and purchases of new clothing. Share the list with your home insurance agent and Columbia Gas. It is important to keep a list on a daily basis so you don’t forget any of the details. Remember to use your cell phone camera too.
- Injury Claims. If you or a loved one have been injured, learn your legal rights. Injury claims are much different than claims for property damage. Injury claims should be handled by a personal injury lawyer who specializes in representing those who have been injured by gas explosions, fires, burns and construction accidents. These cases require intense and thorough investigation and knowledge of state and federal regulations. Read more about our law firm’s experience.
Free Legal Consultation – Breakstone, White & Gluck
Breakstone, White & Gluck and our personal injury lawyers are reviewing cases for injury victims of the Lawrence, North Andover and Andover natural gas explosions. If you have been injured, you may have the right to seek compensation for damages, including medical bills, lost wages, emotional and psychological injuries and physical pain and suffering. If you are married, you may also seek damages for the loss of consortium, which is compensation for the stress and hardship placed upon a spouse.
Learn your rights. For a free legal consultation, contact our lawyers at 800-379-1244 or 617-723-7676 or use our contact form.
Construction Workers are Dying in Boston’s Building Boom
Boston is in the middle of a mighty building boom, with no sign of a slowdown ahead. As new condos, college dorms and office buildings go up, the companies making a financial profit must protect construction workers.
Workers are not always protected. As ribbons are cut on new buildings, the number of workers killed on the job stands at a 10-year high in Massachusetts, according to MassCOSH. During the past month, construction accidents have injured two workers and killed one in the Boston area.
A 56-year-old Seekonk man was found dead last week at the Wynn Boston Harbor resort in Everett. According to WBZ, the worker was in the cab of an excavator, taking apart a trench box when he was struck. The cause of the impact was not reported and the accident remains under investigation by the Occupational Safety and Health Administration (OSHA). The man worked for J. Derenzo Companies of Brockton. The company is a subcontractor of Suffolk Construction of Boston, which is building the casino.
The Boston Globe reported that OSHA has conducted previous inspections at the Wynn construction site. One involved an employee who was hit by an excavator bucket. Another worker was injured when he fell down a shaft. A third employee was injured by a scissor lift.
Technology Must Make Trucks Smarter Too
Large trucks are a stress for many Massachusetts drivers, especially on busy routes like the Mass Pike. The most challenging situations are when a truck comes up behind you or when one tries to pass you.
There were nearly 415,000 truck crashes in the U.S. in 2015, injuring more than 116,000 people and killing more than 4,060, according to the Federal Motor Carrier Safety Administration.
As phones, cars, drones and apps all make our world smarter and faster, the trucking industry must get smarter too. Let’s be clear: We are not advocating for self-driving trucks, but tools that increase video monitoring, expand the driver’s visibility and provide error warnings are all going to help improve safety.
A new study reports on four advanced safety technologies for trucks. The study, from the AAA Foundation for Traffic Safety, covers:
- Video-Based Onboard Safety Monitoring Systems
- Lane Departure Warning Systems
- Automatic Emergency Braking Systems
- Air Disc Brakes
AAA says these technologies could save up to 63,000 lives per year. For this study, AAA reported on a number of industry studies.
- Video-Based Onboard Safety Monitoring Systems could deploy two cameras. One would record the road ahead and the other would follow the driver’s behavior and performance inside the cab. To provide more thorough monitoring, the study said rear cameras could be added, one to capture the center line of vision and one for each side. According to the data, video monitoring systems may have prevented 38 to 52 percent of large truck safety critical events, 20 percent of large truck fatal crashes and 36 percent of large-truck injury crashes.
- Lane Departure Warning Systems monitor a truck’s position on the road and provide the driver with warning if the truck starts to leave the lane. AAA reviewed 13 studies which found lane departure warning systems were 13 to 53 percent effective in preventing roadway departure, sideswipe, opposite sideswipe and head-on truck crashes.
- Automatic Emergency Braking Systems are designed to prevent trucks from crashing into other cars from behind. The in-vehicle system uses a sensor to look ahead of the truck, then alerts the driver if there is a potential for collision. The driver can use this information to reduce speed or make another driving decision to prevent a truck crash. If the driver takes no action and the system detects a crash is coming, it will take control of the truck’s brakes. AAA reviewed five studies that found automatic emergency braking systems prevent rear-end collisions by 16 to 52 percent.
- Air Disc Brakes can reduce a truck’s stopping distance by up to 30 percent and reduce large truck rear-end collisions by up to 43 percent, according to the reviewed studies. This technology was not widely used in the U.S. for years.
Lower Technology Safety Measures for Trucks
Not every safety measure has to be high tech. Many U.S. cities are considering lower tech truck safety measures. In 2014, Boston approved the nation’s first truck side guard ordinance, requiring city-contracted trucks to use side guards and convex mirrors. Other cities have followed including New York City and Chicago. Meanwhile, the City of Cambridge has equipped its own city trucks with side guards and MassBike, the state’s largest advocacy organization for cyclists, had proposed legislation for a statewide truck side guard law in Massachusetts. But no action has been taken.
Truck side guards block the area below the truck’s cargo, between the wheels, so cyclists and pedestrians cannot get towed under. Read more on truck accidents and injuries to cyclists.
About Breakstone, White & Gluck
If you have been injured, contact the Boston truck crash lawyers of Breakstone, White & Gluck for a free legal consultation. With more than 100 years combined experience, our attorneys have investigated complex truck accidents which have injured drivers, motorcyclists and pedestrians. We have negotiated multi-million dollar awards for our clients. Contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Steps to a Safe Summer Driving Season
As we approach summer, the message for Massachusetts drivers is to please slow down. Last month, in a matter of days, several car accidents seriously injured or killed pedestrians, some in crosswalks.
On May 19, just after 7 a.m., an Acton 8th grader was struck by a van in a crosswalk at the intersection of Main Street and Hayward Road. She suffered serious injuries, leaving the scene by medical helicopter.
On May 22, a minivan crashed into two elderly women in Sandwich. The women, ages 70 and 88, went into cardiac arrest and later died at Cape Cod Hospital. At the time of impact, the women were in the crosswalk at the intersection of Route 6A and Merchants Road.
A few days later, a Watertown man was the victim, struck by a Toyota SUV at the intersection of Watertown Street and Aldrich Road. Then in Boston, the Memorial Day weekend ended with a fatal pedestrian accident on Tremont Street in the South End.
As we start summer, more people will be outside walking and everyone wants to stay safe. With a little planning, we can all drive safely this summer.
Slow Down. Under state legislation passed last year, Massachusetts cities and towns have the authority to reduce default speed limits from 30 to 25 mph. Boston, Cambridge, Medford and Quincy are among those which have dropped speeds.
Take it slow. Lower speeds give you more time to respond and prevent injuries. If there is a car crash, the impact may be less. According to the Active Transportation Alliance, if a pedestrian is struck at 40 miles per hour, the pedestrian has an 80 percent chance of dying. Reduce the speed to 20 miles per hour and there is a 10 percent chance of death.
No Distractions. Never use cell phones or electronic devices while driving. Give the road your full attention. If you are a parent, remind your teen about the dangers of distracted driving and the law. In Massachusetts, it is illegal for drivers under 18 to text or use cell phones and they could lose their driver’s license.
GPS Detours. Local police and communities are on to drivers who use GPS apps to find short-cuts. While it is perfectly acceptable to use these apps, remember that these detours typically lead to local roads. Unlike I-128 and I-93, you can expect pedestrians, cyclists, school buses and police officers who are monitoring traffic for speeding and violations. Read about stepped up patrols in the city of Quincy.
Crosswalks. Drivers should always stop for pedestrians in crosswalks and provide them with adequate time and space to safely cross the road. Drivers behind you are also required to stop.
Parking Lots. Always watch for pedestrians in parking lots. Last February, an employee at Trader Joe’s in Acton was hit by a SUV backing out of a space outside the grocery store. She died on the scene, just minutes after finishing her shift and preparing to head home for the day.
Summer Festivals. When possible, carpool or walk to concerts and summer festivals. Drivers can be impatient, increasing the likelihood of a crash.
No Driving and Driving. Don’t drink and drive. Driving and driving is against the law and you have zero ability to watch out for pedestrians if you under the influence.
Be Rested. Many drivers leave their Cape Cod or New Hampshire vacations early or late to avoid the commute. Make sure you are properly rested.
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing those injured and killed in pedestrian accidents and car crashes in Boston, Cambridge and across Massachusetts. If you have been injured, learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Attorney David W. White Interviewed About Future of Civil Lawsuits Following Aaron Hernandez Suicide
The Metro news website interviewed Attorney David W. White and other legal experts in the wake of Aaron Hernandez’ suicide at Souza Baranowski Correctional Center in Shirley, Massachusetts this week. Hernandez, a former New England Patriot who once received a $40 million contract extension for five years, had been serving a life sentence in the 2013 murder of Odin Lloyd. As prosecutors prepared the Odin Lloyd case, they also charged Hernandez with a double murder in Boston in 2012. Hernandez was acquitted on the Boston murder charges just last week in Suffolk Superior Court. As he headed back to prison, his lawyer spoke about hopes for appealing the Odin Lloyd conviction and seeing Hernandez walk free someday.
But Hernandez apparently had no plans for appeal. Come Wednesday morning, he was found hanging from a bed sheet in his cell at the Shirley prison. The state medical examiner concluded the cause of death was suicide by asphyxia from hanging. The football player’s brain will be sent to Boston University researchers who are studying CTE, or Chronic Traumatic Encephalopathy, a progressive degenerative disease of the brain which can only be diagnosed after death. It has been found in other football players.
The suicide changes everything for Odin Lloyd’s family, who was pursuing a wrongful death lawsuit against Hernandez.
During a 2015 trial, Hernandez had been convicted of the first degree murder of Lloyd. Hernandez had an automatic right to appeal to the state’s highest court, the Supreme Judicial Court, but had not completed that appeal. Massachusetts follows a legal doctrine known as abatement ab inito. If someone dies after a conviction but before their appeal is complete, the person’s legal records and convictions are null and void.
“Now that the conviction will be vacated, the family of Odin Lloyd has lost their collateral estoppel claim and they will have to start from scratch to prove he is guilty,” White said in the Metro interview.
Hernandez appeared to have a bright future with the Patriots, then came June 26, 2013. Police arrested him at his North Attleborough home in connection with the murder of Odin Lloyd, a semi-professional football player who had been dating the sister of Hernandez’ fiancee. Less than two hours later, Hernandez was released by the New England Patriots, who had signed him to the $40 million five-year contract extension the previous summer. The contract included a $12.5 million signing bonus. On August 27, 2012, The Boston Globe predicted, “The Patriots are going to have the tight end of duo of Rob Gronkowski and Aaron Hernandez at least through the 2018 season.”
After Child’s Death, Another Safety Warning: Keep Hoverboards Out of Your Home and Away From Your Loved Ones
We saw the worst that can happen last week in Harrisburg, PA when a hoverboard caught on fire in a family’s home, claiming the life of a three-year-old child.
The hoverboard reportedly ignited while charging, destroying the home. The three-year-old girl died at a local hospital and two other girls were left in critical condition. The girl’s father and a teenage boy were treated for smoke inhalation.
This tragedy was compounded by another death; a local firefighter was reportedly killed in a motor vehicle accident while driving to the fire, the victim of an alleged drunk driver who now faces charges.
This is the first hoverboard fire to claim a life, though we have heard plenty about the product’s dangers. The hoverboard is a self-balancing electric scooter with no handlebars. You may anticipate injuries such as falls and broken bones. But the greater risk lies with the explosive lithium-ion battery packs, which have caused massive fire damage and now a child’s death.
Airlines, Retailers and the Federal Government
Airlines, retailers and the federal government have all taken action against hoverboards.
In December 2015, several major airlines banned hoverboards, dashing the hopes of last-minute holiday shoppers who wanted the cool new toy celebrities were riding all over social media. The airlines said the lithium-ion batteries could cause a fire onboard, and manufacturers were not providing consistent information on the size and power of batteries.
Over the next few months, hoverboards ignited and burned two homes to the ground, including one in Nashville. As her father watched, a teenager was forced to jump from an upstairs window.
Shortly thereafter, Amazon and Best Buy stopped hoverboard sales (at least temporarily). By July 2016, half a million hoverboards were recalled. Amazon was then named as a defendant in a $30 million lawsuit for selling the hoverboard responsible for the Nashville blaze. As the seller of the allegedly defective hoverboard, a retailer may be found liable for selling a defective product under most state product liability laws.
Hoverboard Recall
The July 2016 recall covered hoverboards from 10 manufacturers, all made in China. Consumers were urged to stop using the products immediately and return them. Check online to see if you have a recalled hoverboard.
According to a Consumer Product Safety Commission (CPSC) spokesman, the agency has investigated more than 60 hoverboard fires since Fall 2015. Massachusetts has seen several hoverboard home fires, including in Chelmsford and Somerville, according to The Boston Globe.
For all the dangers, hoverboards are still being sold. In 2016, the CPSC worked with UL, a global product safety testing organization, to develop new standards for hoverboards. Time will tell if the new generation is any safer. For now, hoverboards are a product to keep out of your home and far away from your family. Please share our blog with anyone who has a hoverboard or wants to buy one.
Results for Clients in Product Liability Claims
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Read about Attorney David W. White’s $1.15 million product liability award for his client who was seriously injured by defective fitness equipment.
With over 100 years combined experience in product liability cases, the attorneys of Breakstone, White & Gluck have obtained numerous awards for clients injured by defective products. Our attorneys are known throughout New England for our results in these cases and have been consistently recognized as Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers.
Report: Dramatic Rise in Traffic Accidents in 2016
Driving on U.S. roads became more dangerous in 2016. Preliminary data from the National Safety Council shows more than 40,000 people died in motor vehicle crashes last year, a 6 percent increase from 2015.
- This was the first year more than 40,000 people have died in traffic accidents since 2007.
- According to The New York Times, 2015 and 2016 saw a 14 percent increase in traffic deaths, the largest two-year increase in more than half a century.
- In addition to deaths, an estimated 4.6 million people suffered serious injuries in car accidents last year. The total costs came to $432.5 billion, for motor vehicle deaths, injuries and property damages.
- In Massachusetts, 399 traffic deaths were reported in 2016, a 13 percent increase over the prior year (these are also preliminary figures).
The National Safety Council said lower gasoline prices and an improving economy may be helping to fuel the rise in traffic deaths. Others point to seat belt laws and texting while driving and other distracted driving behaviors.
If you drive, take to the roads safely. Follow the speed limit and make sure everyone in your family puts down their cell phone while driving.
Read our Article: Understanding and Buying Auto Insurance in Massachusetts
Until it happens to you, few people understand the costs associated with a car accident, and the toll on your physical health and emotional well-being. We hope you are never injured, but encourage you to read our article to protect yourself and your family.