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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

    • How To Build A 1000$ Bicycle Trailer For $450 October 25, 2014
      TweetI have always wanted a huge ass bicycle trailer.  Something I can pile improbable amounts of stuff on, something I can use to grab dumpster dived treasures, something I could move to a new apartment with.  Something that can transport … Continue reading →
      Boston Biker
    • How To Build A 1000$ Bicycle Trailer For $450 October 25, 2014
      TweetI have always wanted a huge ass bicycle trailer.  Something I can pile improbable amounts of stuff on, something I can use to grab dumpster dived treasures, something I could move to a new apartment with.  Something that can transport … Continue reading →
      Boston Biker
    • How To Build A 1000$ Bicycle Trailer For $450 October 25, 2014
      TweetI have always wanted a huge ass bicycle trailer.  Something I can pile improbable amounts of stuff on, something I can use to grab dumpster dived treasures, something I could move to a new apartment with.  Something that can transport … Continue reading →
      Boston Biker
    • Much Ado About Fern Street October 24, 2014
      POST SCRIPT: Gordo informs me that he will now entertain questions from the public, and answer them here. Need advice on what beer goes best with high-protein soy-based kibble? Ask away at [email protected] You Have Questions. He Has Ear Mites... Continue reading →
      cyclemom
    • Quantifying The Amount Of Public Support For Investing In Bicycle Infrastructure October 23, 2014
      TweetUnless people have been living under a rock, they are aware of the growing demand for bicycle infrastructure. How they perceive this demand, and whether they are in favor of it or against it, depends on many factors, some of … Continue reading →
      IsolateCyclist
    • Ayanna Pressley To Hold Hearing On Safeguarding Cyclists, Introduces New Draft Legislation For Side Guards On Trucks October 21, 2014
      TweetGot this in the email, Ayanna Pressley has been diligently working to ensure safer conditions for cyclists in Boston, here is her latest, welcome effort.     ————- In conjunction with Mayor Martin J. Walsh, City Councilor Ayanna Pressley has … Continue reading →
      Boston Biker
    • Bikey Face Has A Book! October 21, 2014
      TweetOh Man!  This thing looks awesome, buy five and give them out to every cyclist you know! Go here right now, buy them! ———–   Announcing the first Bikeyface book, Bike There! Bike There is a 24 page mini-comic on how to bike … Continue reading →
      Boston Biker
    • It Might Be Better To Insure Your Bicycle Than To Insure Your Life October 20, 2014
      TweetThe market for cyclists’ lives isn’t very good right now. Apparently, you can buy a cyclist’s life for a mere $1,500. That’s right. For less than $2,000 you can kill a cyclist and face no additional penalties. In case you … Continue reading →
      IsolateCyclist
    • Vote No on Question 1 October 19, 2014
      Tweet“[The gas tax] is the only tax in Massachusetts that goes up without a vote” -State Representative Geoff Diehl of Whitman. Supporters of Question 1 on the Commonwealth of Massachusetts’ November 2014 ballot want to frame their argument this way.  They want … Continue reading →
      mattyciii
    • Commonwealth Avenue and the BU campus October 17, 2014
      TweetThe Boston cyclists Union and Livable Streets are promoting cycle tracks for Commonwealth Avenue. The bicycle industry’s Astroturf advocacy organization, Peoplefor Bikes, is asking people to sign a petition in support of them. Not a good idea. Cycle tracks on … Continue reading →
      jsallen