Attorney Marc Breakstone Speaks for Clients in Hit and Run Accident With Possible Link to Former Patriot Player’s Mercedes

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As State Police investigate a weekend hit-and-run car crash in Foxborough, attorney Marc L. Breakstone spoke on behalf of his clients who were injured. Breakstone told The Boston Globe there is “overwhelming evidence” that his clients’ vehicle was struck by the Mercedes-Benz Mabach registered to ex-New England Patriots linebacker Brandon Spikes.

Breakstone, a personal injury attorney at Breakstone, White & Gluck in Boston, is representing the Billerica family who was struck in the early Sunday morning crash. The parents and child were taken to the hospital with minor injuries after their Nissan Murano was struck suddenly.

Breakstone said the car that struck his clients was likely traveling at least 80 to 85 miles per hour and that his clients never saw any headlights.

“It is an extraordinary act of negligence for one vehicle to strike another vehicle that’s traveling 60 miles an hour on the highway,” Breakstone told the Globe. “I suspect that whatever that driver was under the influence of is the reason that the driver left the scene.”

Around the same time, State Police were notified the 2011 Mercedes-Benz Maybach registered to Spikes had been abandoned nearby in the median strip of Interstate 495 in Foxborough. A Mercedes roadside assistance service operator contacted State Police, telling them the driver of the vehicle reported hitting a deer.

State Police say the investigation is ongoing and they have not established who was driving the Mercedes-Benz Maybach or whether the Maybach hit the other car.

Spikes was released by the Patriots on Monday. He played for the Patriots from 2010 through 2013, then joined the Buffalo Bills for the 2014 season. He had recently returned to the Patriots on a one-year deal which would have been worth up to $2 million.

Breakstone told the Globe his clients are working to move past the hit-and-run accident.

“They want their normal lives back,” he said. “They want their good health and their comfortable state of mind. … They’re alarmed, first, that they could have been killed. They’re alarmed that it may have been an NFL player behind the wheel, and they would just [prefer to] not be in the spotlight and just have a return to normalcy.”

Related Coverage:
Accident Blindsided Family, Lawyer Says, The Boston Herald.

Patriots release Brandon Spikes amid crash investigation, WCVB.

Police probing whether ex-Patriots linebacker Spikes’ car hit Billerica family’s, The Lowell Sun.

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Aging Motorcyclists Face Greater Risk for Injuries

Baby boomers are taking to the open road on motorcycles at greater rates than ever before and as they do, their personal injuries and fatalities resulting from motorcyle accidents are increasing.

The American Motorcyclist Association reports its average membership age is now 48. The Motorcycle Industry Council trade association, meanwhile, reports the average age of all motorcycle owners increased from 33 to 40 years old between 1998 and 2003.

motorcycle rider.jpgThe Massachusetts Department of Public Health reports the rate of motorcycle-related deaths and injuries in the state for riders between 55 and 64 quadrupled between 1998 and 2007.  Additionally, although nationally there was a decline in motorcycle related fatalities regardless of age, Massachusetts experienced an increase in fatal motorcycle crashes.

The state Department of Public Health is not the only one to notice a correlation between age and severity of injury.  Researchers at the University of Rochester Medical Center recently found that motorcyclists over the age of 40 sustained more serious personal injuries, spent more time in the hospital, and were up to twice as likely to die from a motorcycle accident than riders under 40.

Dr. Mark Gestring, the lead author of the study and director of the trauma center, noticed older riders and more severe injuries in the emergency room.  His research team examined records in the National Trauma Databank and noted several disturbing trends:

  • Riders over 40 were 5% more likely than riders under 40 to require hospitalization in the intensive care unit.
  • Riders over 40 were more likely to suffer complications such as blood clots, pneumonia, or infections.

The Johns Hopkins Bloomberg School of Public Health found a 145% increase from 2000 to 2006 in death rates for motorcyclists over 65.

Doctors report that there are several factors accounting for the increased severity and fatality of injuries sustained by older riders.  First, older riders have less resilient skin, bones and blood vessels and cannot handle as much physical trauma as their younger counterparts.  Additionally, older riders come into the hospital with more preexisting heath problems and take more medications that can complicate injuries.

For more information, read this recent Boston Globe article about aging motorcyclists in Massachusetts.
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Boston Personal Injury Attorneys Urge Residents to Seek Loaner Lexus SUVs As Toyota Conducts Retesting Following Safety Warning

As Toyota suspends sales of the 2010 Lexus GX 460 amid motor vehicle safety questions, concerned drivers can find relief by requesting a loaner sports utility vehicle.

Toyota – already forced recently to recall 2.3 million vehicles over motor vehicle safety defects – halted sales this week after Consumer Reports issued a “Don’t Buy: Safety Risk,” warning because tests revealed handling problems with the electronic stability control. The magazine is concerned about potential motor vehicle accidents and motor vehicle rollovers. No motor vehicle accidents involving personal injuries or deaths have been reported, but the magazine’s “don’t buy” warning is its first in nearly a decade for a motor vehicle.

“Drivers are facing an extraordinary number of recalls, mostly from Toyota,” said Boston personal injury attorney David W. White of Breakstone, White & Gluck. “Massachusetts residents should immediately seek repairs or loaner vehicles to protect themselves, their families, and other drivers.”

Lexus will provide a loaner vehicle for any customer who has bought a 2010 Lexus GX 460 since the vehicle’s December release. Customers can call Lexus at 800-255-3987. Lexus has sold about 5,000 vehicles since the Lexus GX 460 was released.

Toyota has suspended sales and production of the Lexus 460 as it tests all its Lexus and Toyota SUVs following the Consumer Reports warning. The carmaker said its engineers previously found no issues with motor vehicle safety, but are now trying to duplicate Consumer Reports’ testing to correct the product safety rating.

Toyota recalled 2.3 million vehicles in January for a so-called “sticky pedal defect.” The National Highway Traffic Safety Administration (NHTSA) is now seeking the maximum civil penalty of $16.375 million against Toyota for failing to notify the government agency for at least four months about the product safety defect. Government officials say company officials knew about the potential risk to consumers.

The penalty being sought against Toyota would be the largest civil penalty ever assessed against an auto manufacturer by NHTSA.

For assistance with a product liability case or case involving a wrongful death or personal injury, contact the experienced attorneys at the Boston firm of Breakstone, White and Gluck. The lawyers have over three decades of experience with motor vehicle accident lawsuits and truck accident lawsuits. To consult with a professional and experienced attorney, call 800 379 1244.