Articles Posted in Bus Accidents

breakstone_150Attorney Marc Breakstone recently reached a $1.375 million settlement for a 77-year-old man who was struck by an MBTA bus while crossing Dudley Street in Roxbury. The plaintiff suffered a traumatic brain injury and multiple bone fractures. Even after two months of hospital and rehabilitation, he showed significant cognitive decline. Prior to the bus accident, the plaintiff had been a healthy, vibrant retired master barber.

The on-board video showed that the plaintiff was visible to the operator of the bus for at least three seconds before the driver took any evasive action to avoid striking the plaintiff. Analysis of the video also showed the bus was traveling above the speed limit.

Further, the bus driver reported to the MBTA Police that the pedestrian had run out from between parked cars. The video made clear that plaintiff stepped off the corner into the street and did not walk between parked cars. The video also demonstrated that he was not running.

The case was settled at mediation in May 2016 and later reported in Massachusetts Lawyers Weekly. Read the case report.

Our Experience: One of the Largest Bus Accident Verdicts in Massachusetts
The attorneys of Breakstone, White & Gluck have over 100 years combined experience representing those who have been injured by the negligence of others in car, truck and bus accidents. Bus accident cases are complex and many attorneys do not have experience investigating these cases or representing those who have been injured or killed. But our attorneys have this unique experience; we have handled motor vehicle and bus accident cases from the insurance claims level through trial and appeal.

Many cases can be settled prior to trial, but not every case. In 2008, Attorney Marc Breakstone took a client’s case against the MBTA to Suffolk Superior Court. After a two-week trial, his client was awarded $5.4 million, including interest. It was believed to be one of the largest verdicts ever in Massachusetts for an injury of its kind.

The MBTA filed a motion for a new trial and was denied. It then appealed the case. The state’s Appeals Court affirmed the judgment and the Supreme Judicial Court denied a petition for further review. By the time the MBTA had exhausted its options, the judgment rose to $7.1 million, with interest and medical expenses and lost earning capacity. Read about this case.

About Attorney Marc Breakstone
Marc L. Breakstone has established a reputation as one of the top medical malpractice and personal injury lawyers in New England. His record-setting settlements and verdicts have earned him the distinction of being selected as one of the Top 100 Super Lawyers in New England and Top 100 Super Lawyers in Massachusetts. He has also been selected by his peers as one of the top medical malpractice plaintiff’s lawyers in the Super Lawyer balloting. In 2002, Attorney Breakstone was honored as one of ten “Lawyers of the Year” by Massachusetts Lawyers WeeklyMore on Marc Breakstone.

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State Police continue their investigation into last weekend’s bus accident on Soldiers Field Road in Allston, which injured more than 30 passengers.

The Calvary Coach bus, which was carrying approximately 40 students and chaperones from the Philadelphia area, was returning to Pennsylvania Saturday night when the crash occurred. The vehicle reportedly struck the Western Avenue bridge on the road which leads to the Mass Turnpike.

The Boston Fire Department released photos on Twitter showing firefighters standing on the bus and ladders, extricating passengers, some trapped in the vehicle for more than an hour. Several passengers were transported to local hospitals with injuries. At least one 17-year-old remained in critical condition in a Boston hospital on Monday, The Boston Globe reported.

The students were with the Philadelphia area non-profit, Destined for a Dream Foundation, which spent the day visiting Harvard University and Cambridge.

Massachusetts State Police said the bus accident occurred after the driver passed signs posted prohibiting the bus from traveling on that road, which has a 10-foot height limit, according to the Associated Press. State Police are investigating and have not determined whether to file charges or issue a citation against the 66-year-old driver, Samuel J. Jackson. CBS Philadelphia reported that the owner of the company, Ray Talmedge, said Jackson had looked down at his GPS and saw the bridge too late.

Calvary Coach apologized after the bus crash but defended the driver, reported the Boston Herald. The company’s buses have not been involved in a crash in the two years prior to the Boston accident, according to the Federal Motor Carrier Safety Administration. An unidentified driver was written up for unsafe driving.

The state Department of Conservation and Recreation, which maintains Soldiers Field Road, told the Boston Globe it installed rubber signs as a warning for truck drivers. For a period, they also used cowbells to sound an alert, but these were discontinued.

But the Western Avenue bridge never received rubber warning signs, an official with the state agency said. Agency officials told the Boston Herald they would contact GPS navigation companies to ensure the bridge’s height restrictions are recorded.

Related:
Bridge at site of crash lacked height warning, The Boston Globe.

Bus driver may have been distracted by GPS before Soldiers Field Road crash, CBS Boston.

Parents of bus crash victim pray for recovery, Boston Herald.

MassDOT: No plans to raise height of overpass after bus crash, CBS Boston.
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