Truck Driver in Fatal Wellesley Bicycle Crash Sued for Wrongful Death

The driver in the August 18-wheel truck collision with a bicycle in Wellesley, which claimed the life of a 41-year-old man, will not be criminally charged, the Boston Globe reports. According to the Globe, Wellesley Police and Norfolk County District Attorney’s Office sought indictment alleging motor vehicle homicide, but a grand jury chose not to indict.

The truck driver and his employer still face a wrongful death lawsuit on behalf of the cyclist’s family.

The accident occurred on August 24, 2012 when an 18-wheeler struck the cyclist while he was riding a bike near the intersection of Weston Road and Linden Street in Wellesley. According to police, the truck did not stop after the crash. Police found the driver two days later.

According to the trucker, he was driving the truck for his company at the time of the crash.

While the truck driver is not facing criminal charges, the victim’s family has filed a civil wrongful death suit against the driver and his company.

What is a Wrongful Death Lawsuit?

In fatal accidents where the negligent actions of a driver cause serious or fatal injuries, the victim’s family has the right to pursue a civil personal injury claim or, in the case where the victim dies from his injuries, a wrongful death lawsuit against the negligent party, seeking damages.

Depending on the causes behind the accident, the victim’s family may be entitled to financial compensation.

If You Have Been Injured in a Drunk Driving Accident

If you have been injured in a Massachusetts car accident that was caused by a negligent driver, you will likely have a lot of questions regarding your rights and legal options.

To find out if you have a case, consult with a Boston wrongful death attorney about your loved one’s accident. Your attorney will examine all the details of your accident and advise you on the best course of legal action to help you secure the compensation you deserve.

Call (888) 208-1695 to schedule your FREE consultation.

What Are the 10 Most Dangerous Intersections in Massachusetts?

Intersections are where different directions of vehicle, pedestrian, bicycle, and other road traffic meet. With so much going on in one place, it makes sense that intersections are the location of many car accidents. These accidents are not a natural consequence of an intersection, however. As Tom Kiley and the personal injury legal team at the Kiley Law Group know all too well, it is often the negligence of others that causes injury accidents and, in intersections, this negligence usually involves other drivers ignoring right-of-way rules or other traffic laws, such as speed limits. But in other cases, the intersection itself may be designed in a way that makes it more hazardous than others.

If motorists and other road users are aware of the most dangerous intersections in their state, they could exercise more caution and hopefully avoid a potentially hazardous situation, which is why the Massachusetts personal injury lawyers at the Kiley Law Group would like to pass on the following information concerning the 10 most dangerous intersections in MA, provided by GLocalProv.com:

1. Veterans of Foreign Wars Hwy – Varnum Avenue, Lowell, MA – 161 crashes, 42 injuries
2. Randolph Avenue – Chickatawbut Road, Milton, MA – 73 crashes, 40 injuries
3. Middlesex Street – Wood Street, Lowell, MA – 131 crashes, 25 injuries
4. Concord Turnpike – Cambridge Turnpike (Crosby’s Corner), Concord/Lincoln, MA – 103 crashes, 30 injuries
5. Pleasant Street – West Street, Brockton, MA – 90 crashes, 31 injuries
6. President Avenue – North Main Street, Fall River, MA – 92 crashes, 30 injuries
7. Plymouth Avenue – Rodman Street, Fall River, MA – 107 crashes, 27 injuries
8. Grand Army of the Republic Hwy – Swansea Mall Drive, Swansea, MA – 97 crashes, 27 injuries
9. Main Street – Pleasant Street, Woburn, MA – 121 crashes, 21 injuries
10. Main Street – Middle Street, Weymouth, MA – 121 crashes, 21 injuries

While being especially alert when driving through these intersections can help prevent traffic accidents, you can’t always trust that others will do the same.

 If you have been injured in a Massachusetts intersection accident caused by the negligent actions of another driver, you may be entitled to pursue legal action against the at-fault party. Contact the Kiley Law Group today to discuss your particular situation. Consultations are free, so you have nothing to lose.

MetLife Settles Over Surcharges to No-Fault Drivers

MetLife recently settled with Massachusetts over costly surcharges it applied to no-fault drivers in accidents, agreeing to refund the drivers and pay a $50,000 fine to the state, the Boston Globe reports.

MetLife’s surcharges were applied to customers even after state rulings found they were not the at-fault drivers in the accidents.

According to State Attorney General Martha Coakley, customers of MetLife’s Metropolitan Property & Casualty Insurance Co. were penalized after filing accident claims, even after a state appeals board ruled that they were not the ones who caused the accidents. The Globe reported that MetLife is working on refunding the customers that were incorrectly charged.

Defending Your Rights and Finances Against Insurance Companies

Under Massachusetts law, a driver who was penalized with a surcharge by an insurance company because he or she is deemed at-fault in an accident can appeal the insurance company’s decision to the state. If the state appeals board vacates the surcharge, the insurance company is required to halt the extra charges or refund the penalty money which it already collected from the driver.

According to the Globe, Coakley’s office will also investigate whether other Massachusetts auto insurance companies similarly violated the law.

MetLife customers who believe they have been incorrectly charged following their accident can contact the attorney general’s insurance and financial services at 1-888-830-6277.

This story was brought to you by the Boston personal injury lawyers at Kiley Law group. If you have suffered personal injuries due to someone else’s negligence in a Massachusetts auto accident, call 1-800-410-2769 to find out about your legal rights. Free Consultations for auto accident injury victims and their families.

Driver in Fatal Taunton Crash Faces Criminal Charges

According to The Boston Globe, Taunton police will bring criminal charges against the 24-year-old Taunton driver behind the wheel of a recent fatal accident in Taunton that claimed the lives of two of his passengers.  

The Taunton Gazette reports that the driver collided with a tree around 12:30 a.m. on Sunday, December 9, on Bay Street. The two passengers who were killed in the accident, a girl and a boy, were both 18 years old and from Taunton. They were both pronounced dead at an area hospital. Three other passengers and the driver were transported to another local hospital for treatment of their injuries from the accident.

The driver is continuing to recover from his injuries at the hospital and will eventually be charged by police for two counts of motor vehicle homicide by negligent operation, having an open container of alcohol in the vehicle, and operating a motor vehicle on a suspended license. Police reportedly discovered an open bottle of vodka in the vehicle.

Taunton police are not ruling out additional charges to be brought against the driver as the department’s investigation continues.  

How Can You Stay Safe on the Roads This Holiday Season?

Now that the holiday season is finally upon us, many of us will be heading out for parties with friends and family. One of the most imperative reminders we can share with you is to have a plan for getting to and from your party in the safest way possible.

The National Highway Traffic Safety Administration (NHTSA) advises that if you are going to be drinking, look into other options for getting to and, most importantly, from your party. Find a designated driver who you can call, call for a cab, or take public transportation via bus or train if this option is available in the area. If you do drive to the party and find that you can’t make it home, call a taxi or a sober friend or family member to come pick you up.  

Have You Been Injured in an Accident Caused by a Drunk Driver? 

If you have been seriously injured in an accident caused by a reckless drunk driver in Massachusetts, you may want to consult with a personal injury lawyer with Kiley Law Group to discuss your options and potentially bring a claim against the at-fault driver.

Call our office at (888) 208-1695 to receive your free legal consultation today.

December is National Impaired Driving Prevention Month

By Presidential Proclamation, December has been designated as National Impaired Driving Prevention Month, according to the White House Office of the Press Secretary. December is, in fact, the perfect month to focus efforts on the issue of drunk driving and general impaired driving as holiday festivities have a very large concentration of people both celebrating and driving on Massachusetts roads.

Alcohol and drugs present risks to drivers all year-round, but can be especially dangerous around the holidays. Remember, that being impaired while driving does not just involve alcohol and illegal substances, but prescription medications and even distracted driving. Any action or behavior that impairs your ability to drive safely is a hazard. Being aware of the risks of impaired driving and taking the (easy) steps to prevent it can make a significant difference in keeping everyone safe on the road.

 What You Can Do to Ensure an Enjoyable and Safe Holiday Season

At the Kiley Law Group, our car accident attorneys have seen too many crashes involving impaired drivers, all of which could have been easily prevented by using one’s better judgment. The following are some important reminders to help you and your loved ones stay safe and keep others safe as well:

• If you plan to drink, don’t drive, period.
• Remember that “buzzed driving” is drunk driving, as the National Highway Traffic Safety Administration (NHTSA) puts it.
• Do not take any medications that can impair your driving abilities.
• If you are having a holiday party, don’t let people at your party drive if they have been drinking. Take their keys and arrange for a ride home.
• Stay off the road as much as possible, especially as the end of the month draws closer.
• Report suspected drunk drivers if you come across them while on the road.

The holidays are a time to spend time with the people you care about, and you owe it to them and to yourself to make sure you take the necessary steps to stay safe and keep others safe as well.