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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

    • Amanda Phillips Dies After Being Hit By A Truck June 24, 2016
      TweetAs we mentioned yesterday there was a horrible crash in Inman Square.   Sadly Amanda Phillips has succumbed to her injuries and has died.   A 27-year-old woman was killed Thursday after she was hit by a truck while riding … Continue reading →
      Boston Biker
    • Amanda Phillips Dies After Being Hit By A Truck June 24, 2016
      TweetAs we mentioned yesterday there was a horrible crash in Inman Square.   Sadly Amanda Phillips has succumbed to her injuries and has died.   A 27-year-old woman was killed Thursday after she was hit by a truck while riding … Continue reading →
      Boston Biker
    • Amanda Phillips Dies After Being Hit By A Truck June 24, 2016
      TweetAs we mentioned yesterday there was a horrible crash in Inman Square.   Sadly Amanda Phillips has succumbed to her injuries and has died.   A 27-year-old woman was killed Thursday after she was hit by a truck while riding … Continue reading →
      Boston Biker
    • Serious Accident In Inman Square, Cyclist Currently In Surgery June 23, 2016
      TweetYet another potentially deadly interaction between a large truck and a cyclist.  I hope she recovers. More info when I get it. From The Globe: Cambridge police are asking the public to stay clear of a portion of the Inman … Continue reading →
      Boston Biker
    • Serious Accident In Inman Square, Cyclist Currently In Surgery June 23, 2016
      TweetYet another potentially deadly interaction between a large truck and a cyclist. More info when I get it. From The Globe: Cambridge police are asking the public to stay clear of a portion of the Inman Square area as they … Continue reading →
      Boston Biker
    • Summer Bike Adventure For MassBike! June 22, 2016
      TweetThis looks like an awesome way to go on a great ride and help MassBike at the same time. If your summer needs a little more fun and adventure, you’re in luck – there’s still time to sign up for Cycle … Continue reading →
      Boston Biker
    • Dedicated Bike Lanes, Other Improvements On Comm. Ave. June 22, 2016
      TweetFrom U-Hub State transportation officials signed off today on a $20.4-million reconstruction project along a bicycle-unfriendly stretch of Commonwealth Avenue that will include dedicated bicycle lanes on both sides of the road and wider sidewalks on both sides. Although only … Continue reading →
      Boston Biker
    • East Boston Will Get Hubway This Year June 22, 2016
      TweetFrom The City:   The Boston Transportation Department announced plans to bring the popular New Balance Hubway bike share program to 10 locations in East Boston this year.  These stations are in addition to 10 new stations opening this summer … Continue reading →
      Boston Biker
    • 2016 Bikes Not Bombs Bike-A-Thon June 21, 2016
      TweetOn Sunday, my son Peter & I rode the ten mile route in the Bikes Not Bombs Bike-A-Thon, raising $463 in donations for all the great work done by Bikes Not Bombs!  Even though the ride is over, you can still … Continue reading →
      Liam
    • Untitled June 21, 2016
      TweetOn Sunday, my son Peter & I rode the ten mile route in the Bikes Not Bombs Bike-A-Thon, raising $463 in donations for all the great work done by Bikes Not Bombs!  Even though the ride is over, you can still … Continue reading →
      Liam