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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

    • Cambridge Police Searching For Man Who Pushed Cyclist Off Her Bike September 29, 2016
      TweetHave you seen this guy?  He apparently shoved a woman off her bike while she was riding through Inman on the 22nd. More here.
      Boston Biker
    • Two Hubway Stations Moved September 28, 2016
      TweetHappened last week, but if you haven’t noticed yet this might affect your commute. From Hubway: Stations to move after rush hour on September 22nd Effective Thursday morning, at 10am on September 22nd, after the morning commute rush, the two Hubway … Continue reading →
      Boston Biker
    • Submit Comments On Morrissey Blvd. Redesign September 28, 2016
      TweetFrom DotBike: Submit your comments re reconstruction of Morrissey Boulevard! And don’t forget to copy your State Rep and State Senator so they know what’s important to you. Www.wheredoivotema.com is where you can check who yours are. Department of Conservation … Continue reading →
      Boston Biker
    • Submit Comments On Morrissey Blvd. Redesign September 28, 2016
      TweetFrom DotBike: Submit your comments re reconstruction of Morrissey Boulevard! And don’t forget to copy your State Rep and State Senator so they know what’s important to you. Www.wheredoivotema.com is where you can check who yours are. Department of Conservation … Continue reading →
      Boston Biker
    • Rally For Safer Streets Sept 29th! September 28, 2016
      TweetFrom Livable Streets: The program will start at 6pm sharp with City Council President Michelle Wu and Chief of Streets Chris Osgood. Show up early to meet with Councilor Wu and share your street safety concerns! Streets are For People … Continue reading →
      Boston Biker
    • As Cycling Grows Cambridge Proactive In Education September 25, 2016
      TweetThe City of Cambridge is handing out a copy of the bike laws to all the residents (including incoming Harvard students).  Education is a key component in preventing bike accidents, and I am glad they are passing it out to … Continue reading →
      Boston Biker
    • Save The Date: Biketoberfest 2016! September 8, 2016
      TweetFrom the BCU   Thursday, October 13th in Somerville! It’s that time of year again! Join us for a celebration of local breweries, bike-powered businesses and a year of victories for safer streets and better biking in the Boston area! … Continue reading →
      Boston Biker
    • A Simple Sign Change Could Make A Huge Difference September 8, 2016
      TweetSomerville has already started using this new language, Boston has in some cases, but its time to make this the standard. From Road.cc Signs treat cyclists ‘less like potential hazards and more like the legal road users that they are’ … Continue reading →
      Boston Biker
    • DotBike September Update September 8, 2016
      TweetDotBike has been busy! From the email: Dear Dot Bikers,   As we move from sweaty- to sweater-weather biking I hope you’re enjoying your riding! Thanks to many of you who have joined us for #DorchestertoDowntown Bike Friday group commutes … Continue reading →
      Boston Biker
    • Bikes Not Bombs Update September 8, 2016
      TweetFrom the email: September 2016 Volunteer or Join with Youth Programs this Fall! Adult Instructor Training starts on Monday! Are you interested in volunteering to help with bike repair and ride marshaling within Earn-A-Bike? Learn more and apply on our … Continue reading →
      Boston Biker