Deadly Newbury Street Intersection Claims Another Life

A man in his 80s was struck by a dump truck at the intersection of Massachusetts Avenue and Newbury Street at around 10:30 on the night of February 8. The man was taken to Brigham and Women’s Hospital where he was later pronounced dead.

The driver of the truck did not stop at the scene. He was pulled over by police a short time later.

Boston’s Back Bay has been a frequent site of fatal accidents in recent years. In April 2017, a cyclist was killed by a hit-and-run driver on Commonwealth Avenue. In August 2015, a cyclist was struck and killed by a truck turning from Massachusetts Avenue onto Beacon Street, just blocks away from Thursday night’s fatal accident.

This area of Boston, and the Massachusetts Avenue/Newbury Street intersection, are well known by police and pedestrians as one of the city’s most dangerous. Dense traffic combined with heavy pedestrian traffic and an entrance to the Massachusetts Turnpike that attracts heavy trucking combine to create unsafe conditions.

Wrongful Death Can Be a Challenge

Winning a civil wrongful death case can be a challenge if there is not clear evidence of a hit and run. This becomes a question when large vehicles, such as trucks and buses, are involved in accidents with pedestrians and cyclists. Attorneys and law enforcement want to know if the driver was aware that an accident occurred. If a driver knowingly leaves the scene of an accident, this shows intent to avoid criminal penalties. If a driver is not aware of an accident, intent cannot be established.

A key detail is still missing in the coverage of Thursday night’s Newbury street fatal accident: Was the driver cited for leaving the scene? If the driver was unaware that he had hit somebody, there will be no citation for hit and run.

Without that citation it can be more difficult to prevail in a wrongful death case. The actions of both the driver and the pedestrian will be closely scrutinized by insurance companies and the courts if a civil case is filed.

Most consumers buy adequate insurance to protect them in the event they are at fault for an accident. However, often they forgoe purchasing under/uninsured coverage because of cost. By obtaining this coverage, you can insure that you and your family will be protected in the event you are badly injured in a hit and run accident. Isn’t it more important to protect your own family?

Sheff Law is one of Boston’s leading wrongful death firms, with a track record of proven results in vehicle accident cases.  Every Sheff Law client has a team of attorneys assigned to their case to provide compassionate support and to ensure that no detail is overlooked during the legal process. Contact us online for a free case evaluation, or call us at 1-888-423-4477.

Night time view of a police car at a Massachusetts Turnpike on ramp where a pedestrian was struck and killed

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