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More On The Wigl Vs Ross Express Case

Written by Boston Biker on Nov 08

David B. Was nice enough to send me the complaint in the Weigl vs Ross Express case in
Superior Court, along with this context for folks who are not lawyers.  You can download the complaint here.  (pdf)  For more info on the case see here and here and here.

 

At this time (Nov 7), there’s no answer from the defendants; the only things in the case file are the “cover sheet” used by the court to get the case going, and the complaint, which sets out what the plaintiff claims and will have to prove. All of the causes of action involve “negligence,” which the plaintiff will have to show by proving that the defendants had a duty to Chris Weigl (to drive safely and not cause accidents) and that they breached that duty (by causing an accident) and caused injury to Weigl. They’ll also try to show that the trucking company was not careful enough in hiring the driver. Perhaps he has a bad record or something like that. The defendants will try to show that there was nothing the driver did wrong, even though the accident occurred. They will also, no doubt, try to show that Weigl rode carelessly and was responsible for the crash. The police report of their investigation will be important evidence and hasn’t been released yet, as far as I know. If the jury finds that both the driver and Weigl were negligent, they will have to determine how much each was at fault and that ratio will figure in the determination of any award.


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Christopher Weigl’s Parents Sue Trucking Company

Written by Boston Biker on Oct 29

Ten months after Christopher Weigl, a 23-year-old graduate student, was killed on his bicycle in Allston, the man’s family has sued the truck driver and trucking company involved in the crash, arguing that the company has a responsibility to train drivers to watch for cyclists in dense urban areas.

The lawsuit reflects frustration within Weigl’s family and the Boston cycling community at the lack of criminal charges in the case and channels the growing sentiment among bike advocates that the trucking industry should be proactive in preventing bicycle crashes.

In a complaint filed in Suffolk Superior Court, Weigl’s family contends that the crash in December was the result of negligence on the part of the driver, John A. Brothers of Uxbridge, and the company that employs him, New Hampshire-based Ross Express.(Via)

Some very interesting things could come from this lawsuit. Having large trucks in an urban center requires that the large truck operators be highly trained. I hope the family gets some justice.


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Cyclist Killed On Comm. Ave By Semi-Truck

Written by Boston Biker on Dec 06

Its happened again…

(img src)

U-hub reports:

A bicyclist did not survive a collision this morning with a semi at Comm. Ave. inbound at St. Paul St..

At 8:51, Sasha tweeted from a passing trolley:

Body covered by a tarp. RIP. what a bad start to the morn.

By coincidence, a City Council committee holds a hearing on making Boston safer for bicyclists today at noon at City Hall.

More info when I get it:

NPR reports, that a cyclist was in a bike lane when the semi-truck made a right turn and hit him. Was a white male in his 20′s.

(img src)

 

Bostinno reports:

According to Boston Police, at 8:36 a.m., a cyclist was struck by an 18-wheeler at the intersection of St. Paul Street and Commonwealth Avenue, near Boston University campus. Police closed down the 900 block where the accident occurred.

Police confirmed at 9:49 a.m. that the cyclist died as a result of the accident.

People reported seeing a sheet over the bike and the victim at the scene as they passed the accident near Boston University’s campus.

EDIT: A picture of the truck.

EDIT: another image of the scene

The globe reports:

Boston police spokeswoman Cheryl Fiandaca said in an e-mail that the bicyclist was killed and that the department’s Homicide Unit is now investigating the incident. Suffolk District Attorney Daniel F. Conley’s office has also sent a prosecutor to the scene, officials said.

EDIT:
WHDH-TV –

EDIT: Heading to this meeting, on bike safety, see you there, more when I get back.

EDIT:
Students name released:

Christopher Weigl (COM’14), a 23-year-old BU graduate student who was pursuing a master’s in photojournalism at the College of Communication, collided with a 16-wheel tractor-trailer at about 8:30 a.m. Witnesses say Weigl and the truck both were traveling east on Comm Ave and collided when the truck made a wide right turn onto St. Paul Street. The accident is being investigated by the Boston Police Department, which cordoned off the area and closed Comm Ave eastbound. No citations have been issued.

“Chris was just a great guy,” says Sarah Ganzhorn (COM’13), a fellow graduate student in COM’s photojournalism program. “He was always smiling. He was just a really chill guy who never had anything negative to say about anything.”

EDIT: More photos:


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The Word On The Street

  • RSS Here is what people are saying

    • #boston bike polo by bostonbikepolo July 22, 2014
      Tweet Posted by Instagrate Pro v1.5.1 The post #boston bike polo by bostonbikepolo appeared first on Boston Hardcourt Bike Polo.
      polonick
    • Don’t Blow Red Lights. July 21, 2014
      TweetYeah – the title says it all. Don’t Blow Red lights. You know why, because for every light you blow off – there is a driver who sees me and thinks of you, and your actions. Now – you may … Continue reading →
      altbiker
    • Speed Up Slow Down Cyclists July 21, 2014
      TweetToday I will take a break from the recent discussions on this blog about where cyclists should position themselves when sharing the road with cars, to discuss — OK, rant — about something that really irks me. As a long-time … Continue reading →
      IsolateCyclist
    • #boston bike polo by bostonbikepolo July 20, 2014
      Tweet Posted by Instagrate Pro v1.5.1 The post #boston bike polo by bostonbikepolo appeared first on Boston Hardcourt Bike Polo.
      polonick
    • #boston bike polo by papi_facil July 19, 2014
      Tweet Posted by Instagrate Pro v1.5.1 The post #boston bike polo by papi_facil appeared first on Boston Hardcourt Bike Polo.
      polonick
    • #boston bike polo by rydono July 18, 2014
      Tweet Posted by Instagrate Pro v1.5.1 The post #boston bike polo by rydono appeared first on Boston Hardcourt Bike Polo.
      polonick
    • FROM BETTER TO WORSE ON COMMONWEALTH AVE: City Leaders Need To Step Up For Their Own Policies July 17, 2014
      For a while it was feeling like stodgy Boston was jumping back into the elite group of city’s whose actions around transportation (and its joined-at-the-hip land-use twin) set the pace for the rest of the country. Our environmentally-based Smart Growth policies were state-of-the-art, which became even more valuable as climate-change storms and rising sea lev
      Steve Miller
    • Headstarts At Traffic Lights July 17, 2014
      TweetDespite years of debate, there is still disagreement about where a cyclist should position him or herself when stopping at a traffic light. Different groups of cyclists have arrived at various conclusions about what constitutes the safest and most efficient … Continue reading →
      IsolateCyclist
    • Headstarts At Traffic Lights July 17, 2014
      TweetDespite years of debate, there is still disagreement about where a cyclist should position him or herself when stopping at a traffic light. Different groups of cyclists have arrived at various conclusions about what constitutes the safest and most efficient … Continue reading →
      IsolateCyclist
    • If You Want To Empower African American Children, Give Them A Bicycle July 16, 2014
      TweetI thought this article from Grist was pretty good.  Its a model followed by Bikes Not Bombs, also Boston Bikes, and Hub on wheels.  All to great results.  I would go one further and say that if you want to … Continue reading →
      Boston Biker