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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

    • The Responsibilities of Businesses with Drivers August 30, 2015
      TweetSharing a couple of encounters from the past week, one with a Hubway van and another with a Uber driver. Hubway: Please educate your drivers. It’s their job to regularly pull over to park and balance the stations, they really really need … Continue reading →
      yourstruly
    • Mass. Ave. Intersection Repaved, No Lane Markings August 30, 2015
      TweetThe Mass. Ave. intersection at the base of the Mass. Ave. Bridge has been repaved, and all the street markings are gone. This, as you may recall, is the scene of the recent hit and run that killed Anita Kurmann. … Continue reading →
      Boston Biker
    • Put Your Street On A Road Diet August 28, 2015
      TweetFrom Jeff Speck and his campaign to slim down our roads.   more info here.
      Boston Biker
    • Put Your Street On A Road Diet August 28, 2015
      TweetFrom Jeff Speck and his campaign to slim down our roads.  
      Boston Biker
    • Cars…Not So Good August 26, 2015
      Tweet NPR reported today that Boston ranks 6th!  Sixth!   Sadly it isn’t “Awesome Cities”, it was Cities with the highest level of time wasted in traffic.  We didn’t get here by accident.  It was years of decisions, choices we … Continue reading →
      Boston Biker
    • test August 26, 2015
      Tweettest
      Boston Biker
    • Help Hubway Decide Where To Expand Next August 24, 2015
      TweetFrom The City: Since Hubway’s last expansion in Boston, we’ve received over 33,000 suggestions for station locations. Based on that input and consultation with community-based organizations, we have developed a range of station options for our 2015 expansion. We have … Continue reading →
      Boston Biker
    • Where should Hubway go next? August 24, 2015
      TweetBoston Bikes wants input on expansion of Hubway bike dock stations in Boston.  Fill out the ssurvey to help place new stations in Brighton, Charlestown, Dorchester, Jamaica Plain, Roxbury/Franklin Park, and South Boston.  Looks like the Hubway bike network will be even … Continue reading →
      Liam
    • Where should Hubway go next? August 24, 2015
      TweetBoston Bikes wants input on expansion of Hubway bike dock stations in Boston.  Fill out the survey to help place new stations in Brighton, Charlestown, Dorchester, Jamaica Plain, Roxbury/Franklin Park, and South Boston.  Looks like the Hubway bike network will be even … Continue reading →
      Liam
    • Nearly Doored; Passenger Good Enough to Apologize August 20, 2015
      TweetUsually I scan driver’s seat or the rear driver side seat to check for doors that might opening ahead of me. In this instance, a passenger in the rear reached over the seats to open the rear, driver-side door. I … Continue reading →
      yourstruly