A biker was killed on Thursday near the Sullivan Square MBTA Station in Charlestown, Massachusetts, after he was struck by what witnesses described as a white sanitation truck with black lettering. The hit-and-run accident happened at the busy intersection of Cambridge Street and Spice Street at about 1:40 pm, on Thursday, April 3, 2014.
Police later identified Ricky Prezioso of Swampscott as the driver who left the scene of the accident. Prezioso’s arraignment was sheduled to be held Friday morning in Chelsea District Court for leaving the scene of an accident after causing death. If found guilty, Prezioso could face imprisonment for 2 1/2 to 10 years and fines between $1,000 – $5,000.
In addition to the driver facing criminal responsibility, the owner of the commercial truck involved could face civil liability to the victim’s family. Under the Federal Motor Carrier Safety Reguldations, owners of certain types of commercial trucks that are used in the course of trade or commerce must ensure that their trucks meet minimum safety standards, are inspected regularly and that their drivers have ongoing training. Any misstep by an owner of a commercial truck could trigger tremendous exposure to the owner’s business.
According to the Boston Globe, this is the first bicycle fatality of the year in Boston. There were five other bicycle deaths in Boston in 2012. There was no accurate data for bicycle deaths in 2013 according to the news report.
MassBike, an advocacy group dedicated to promoting a bicycling friendly environment and encouraging bicycling fun, fitness and transportation, supported two pieces of legislation in 2013 to increase safety for bicyclists and other “vulnerable users.” The legislation identifies vulnerable users as bicyclists, pedestrians, wheel chair users and other non-motorized road users.
Preserving Evidence in Truck Accidents is Essential
Phillips & Garcia, P.C. of Dartmouth, MA has filed a lawsuit in Massachusetts Superior Court against Tractor Supply Company of Tennessee for failing to pay full time workers time and a half on Veteran’s Day and Columbus Day and for failing to pay part time workers time and a half for hours worked on all Massachusetts holidays. The lawsuit, filed on behalf of a Pittsfield employee, seeks a change in Tractor Supply Company’s policies and procedures, as well as the payment of three times the unpaid wages. Tractor Supply Company has 14 stores in Massachusetts.
Under the Massachusetts Wage Act, Massachusetts law mandates that employees who work on a Massachusetts recognized holiday be paid “premium pay” of one and a half times their regular pay. In Massachusetts, employers must pay time and a half to all employees, regardless of whether they are full time or part time employees, for hours worked on the following Massachusetts legal holidays: New Year’s Day, Columbus Day, Veteran’s Day, Memorial Day, Labor Day and Independence Day.
If you were not paid “premium pay” on a Massachusetts recognized holiday, you can fill out a contact form here to make a Wage Act complaint to Phillips & Garcia, P.C. or simply call us at 508-998-0800.
Target Data Breach Class Action Massachusetts
Alleged Drunk Driver Involved in Road Rage Accident in Plymouth, Massachusetts May Have Caused Similar Accident in Marion
A Woods Hole, Massachusetts was charged by Plymouth Police on Saturday with driving under the influence of alcohol, leaving the scene of an accident and failure to yield after crashing into a car on Red Brook Road and Packard Street according to a report in the “Wicked Local Plymouth.” A Police Captain said that after crashing into the other car, the suspect allegedly staggered out of his vehicle and began yelling at the other driver.
Before police arrived, the suspect fled the scene. While the police were investigating the accident, they learned that the same driver and vehicle were involved in a car crash in Marion, Massachusetts after which he was charged with drunken driving.
In Massachusetts, driving under the influence is not only illegal, it can be very costly for a drunken driver who is also hurt. Read more about how an auto insurance company can refuse to pay medical bills for a driver who is caught driving drunk here.
Driving Drunk with a Child Under 14 in Massachusetts Carries Stiff Penalties
Rhode Island Boy, 10, Calls Police Reporting Father Driving Drunk on Route 95, Threatens to Jump to Safety
A Rhode Island boy of 10 called State Police to report that his father was driving drunk on Route 95 South into Connecticut and that he was considering jumping out of the Mercedes Benz because he was worried they were going to crash according to stories from CBS News and Yahoo News. The 49 year old Warwick, R.I. father was driving with his 10 year old son and 12 year old daughter.
Sure enough after the desperate 911 call, the father slammed into a Jeep Cherokee in Stonington, Connecticut causing it to flip over news reports say. The driver of the Jeep was treated for non-life threatening injuries. Fortunately, the children were only treated for lacerations.
Connecticut police arrested the father after he allegedly failed a field sobriety test. At an arraignment for a variety of charges including reckless driving, operating under the influence and endangering a child, a New London judge reportedly told the father that he “behaved horribly and should feel blessed his children are safe.” The father was released on $35,000 bond posted by his parents.
In Massachusetts, if a driver is charged with operating under the influence and there is a child under 14 in the car, that driver can also be charged with child endangerment while operating under the influence. A first-time conviction of this law carries with it a fine of between $1,000-$5,000, a possible jail term of no less than 90 days and up to 2 1/2 years, and a license suspension of 1 year.
To read the article, click here.
My Child Was Hurt in a Car Accident, Can I Settle the Case for My Child?
How are my lost wages calculated under PIP coverage?
A pregnant woman was walking with her 11 year old son on a Stoughton sidewalk this past weekend, when she was struck by an out of control car being driven in reverse. The mother was able to save her 11 year old by telling him to run to safety according to a story in the EnterpriseNews.com.
The driver of the car that careened in reverse across the street was arrested Sunday night by Stoughton police after she allegedly failed field sobriety tests. The driver has pleaded “not guilty” to five counts including motor vehicle homocide while under the influence of drugs and alcohol.
Following her arraignment in Stoughton District Court on Monday, the accused driver was held on $500,000 cash bail.