Commonwealth of Massachusetts. Motor Vehicle Crash. Police Report < LOCATION >

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1 Police Use Only Date of Crash 09/9/06 Time of Crash 9:6 City/Town NEWTON 4HR AT INTERSECTION: BEACON ST Route# Direction Name of Roadway/Street At Commonwealth of Massachusetts Number Motor Vehicle Crash Vehicles Police Report < LOCATION > Number Injured Speed Limit Latitude Longitude State Police Local Police MBTA Police Other: NOT AT INTERSECTION: Route# Direction Address # Name of Roadway/Street Feet of LANGLEY RD N S E W or Mile Marker Exit Number Route# Direction Name of Intersecting Roadway/Street Also at Intersection with Feet N S E W of Route# Intersecting Roadway/Street Feet N S E W of Route# Direction Name of Intersecting Roadway/Street Landmark X Vehicle # Occupants Hit/Run Moped Case Number RMV Document Number License # S93033 MA St DOB/Age -/--/-- - Reg # 5050G Reg Type RPN Reg State MA Sex M Lic. Class A M Lic. Restrictions CDL Veh Year 997 Veh Make INTERNATIONAL Veh Config. 6 Endorsment Operator DONAHUE DAVID Owner TODYS SERVICE Last First Middle Last First Middle Address 40 RUSSELL RD. Address 4 WASHINGTON ST City NEWTON State MA Zip 0465 City NEWTON MA State Zip 0465 Insurance Company ARBELLA MUTUAL INS Vehicle Action Prior to Crash 4 Damaged Area Code: (Circle Up to Three) Vehicle Travel Direction: N S E W 3 4 X Responding to Emergency? Event Sequence Undercarriage Citation # (If Issued) Most Harmful Event O 9 5 Totaled 4 4 Violation : Ch Sec Violation : Ch Sec Driver Contributing Code Violation 3: Ch Sec Violation 4: Ch Sec Underride/Override Towed Y Please fill out for operator and all occupants involved Seat Safety Airbag Airbag Eject Trap Injury Transp. Name (Last First Middle) Address Age/DOB Sex Pos. System Status Switch Code Code Status Code Medical Facility Operator See Above X Please Select One Vehicle # Occupants Non-Motorist A Type Action Location Condition Hit/Run Moped of the Following: X License # St DOB/Age Reg # Reg Type Reg State Sex F Lic. Class Lic. Restrictions CDL Veh Year Veh Make Veh Config. Endorsment Operator KAPLAN JANET K Owner Last First Middle Last First Middle Address 43 DEDHAM ST. (apt. E) Address City NEWTON State MA Zip City State Zip Insurance Company Vehicle Action Prior to Crash Damaged Area Code: (Circle Up to Three) Vehicle Travel Direction: N S E W Responding to Emergency? Event Sequence 3 4 Citation # (If Issued) Most Harmful Event 3 0 Undercarriage 9 5 Totaled Violation : Ch Sec Violation : Ch Sec Driver Contributing Code 4 4 Violation 3: Ch Sec Violation 4: Ch Sec Underride/Override 5 Towed Please fill out for operator and all occupants involved Seat Safety Airbag Airbag Eject Trap Injury Transp. Name (Last First Middle) Address Age/DOB Sex Pos. System Status Switch Code Code Status Code Medical Facility Operator/Non-Motorist See Above BETH ISREAL

2 Police Use Only Date of Crash Time of Crash 4HR City/Town AT INTERSECTION: Commonwealth of Massachusetts Number Motor Vehicle Crash Vehicles Police Report < LOCATION > Number Injured Speed Limit Latitude Longitude RMV Document Number State Police Local Police MBTA Police Other: NOT AT INTERSECTION: Route# Direction Name of Roadway/Street At Route# Direction Address # Name of Roadway/Street Feet of N S E W or Mile Marker Exit Number Route# Direction Name of Intersecting Roadway/Street Also at Intersection with Feet N S E W of Route# Intersecting Roadway/Street Feet N S E W of Route# Direction Name of Intersecting Roadway/Street Landmark Vehicle # Occupants Hit/Run Moped License # St DOB/Age Reg # Reg Type Reg State Sex Lic. Class Lic. Restrictions CDL Veh Year Veh Make Veh Config. Endorsment Operator Owner Last First Middle Last First Middle Address Address City State Zip City State Zip Insurance Company Vehicle Action Prior to Crash Damaged Area Code: (Circle Up to Three) Vehicle Travel Direction: N S E W 3 4 Responding to Emergency? Event Sequence 3 0 Undercarriage Citation # (If Issued) Most Harmful Event 9 5 Totaled 4 4 Violation : Ch Sec Violation : Ch Sec Driver Contributing Code Violation 3: Ch Sec Violation 4: Ch Sec Underride/Override Towed Please fill out for operator and all occupants involved Seat Safety Airbag Airbag Eject Trap Injury Transp. Name (Last First Middle) Address Age/DOB Sex Pos. System Status Switch Code Code Status Code Medical Facility Operator See Above Please Select One Vehicle # Occupants Non-Motorist A Type Action Location Condition Hit/Run Moped of the Following: X License # St DOB/Age Reg # Reg Type Reg State Sex M Lic. Class Lic. Restrictions CDL Veh Year Veh Make Veh Config. Endorsment Operator KAPLAN JOSEPH P. Owner Last First Middle Last First Middle Address 43 DEDHAM ST. (apt. E) Address City NEWTON State MA Zip 0459 City State Zip Insurance Company Vehicle Action Prior to Crash Damaged Area Code: (Circle Up to Three) Vehicle Travel Direction: N S E W Responding to Emergency? Event Sequence 3 4 Citation # (If Issued) Most Harmful Event 3 0 Undercarriage 9 5 Totaled Violation : Ch Sec Violation : Ch Sec Driver Contributing Code 4 4 Violation 3: Ch Sec Violation 4: Ch Sec Underride/Override 5 Towed Please fill out for operator and all occupants involved Seat Safety Airbag Airbag Eject Trap Injury Transp. Name (Last First Middle) Address Age/DOB Sex Pos. System Status Switch Code Code Status Code Medical Facility Operator/Non-Motorist See Above BRIGHAM AND WOMEN

3 = Direction = Vehicle =Vehicle = Pedestrian On Thursday September 9, 06 at approximately 930 hours I was notified by Sergeant Babcock via phone to respond to the area of Beacon Street and Langley Road for a report of a motor vehicle crash involving a commercial truck and two pedestrians with serious injuries. Upon arrival on scene, Officer Walton and Sergeant Babcock advised me of the crash, and one of the pedestrians identified as Joseph Kaplan d.o.b of 43 Dedham Street apartment E Newton, MA 0459 was transported to the Brigham and Womens hospital located at 75 Francis Street Boston, MA 05 ( ) for serious injuries and his wife identified as Janet Kaplan d.o.b of 43 Dedham 70 MOFFAT RD BURROUGHS, ALLISON, NEWTON,MA Y 67 WALKER STREET CEDRONE, FRANCO, NEEDHAM,MA Y Truck and Bus Information: Registration # (From 5050G Vehicle Section) Carrier Name TODYS TOWING Carrier Issuing Authority Code Address 4 WASHINGTON STREET City NEWTON St Zip 0465 US DOT #: State Number Issuing State MASSAC ICC #: Interstate Cargo Body Type Code 7 Gross Vehicle Weight Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

4 = Direction = Vehicle =Vehicle = Pedestrian Street apartment E Newton, MA 0459 was transported to the Beth Israel Medical center located at 330 Brookline Avenue Boston, MA 05 ( ) for serious injuries. I was also advised the operator of the truck identified as David Donahue d.o.b of 40 Russell Road Newton, MA 0465 was still on scene. While on scene Sergeant Babcock advised Captain Anastasia of a conflict. Mr. Donahue is a Contracted by the City of Newton and the driver of the truck having relatives on the Newton Police department. Sergeant Babcock also advised Newton Police Chief of the conflict of the situation. The MSP C.A.R.S. unit, ADA Biama, and FRANKLIN STREET TIMMONS, DONALD, FRAMINGHAM,MA Y Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

5 = Direction = Vehicle =Vehicle = Pedestrian Newton Police Chief about the crash and about the conflict. After discussing with MSP C.A.R.S. unit was not going to respond since it was not a fatal, and the Assistant District Attorneys Biama and the Newton Police Chief stated they were comfortable with the Newton Police handling the investigating of the crash. My observations around the crash site area were the crash happened during the nighttime hours. I observed that the lighting is very poor in the intersection. Beacon Street and Langley Road intersection are both public ways in the City of Newton, which is also maintained by the City. Beacon Street primarily runs in an east/west direction and is separated by double solid yellow lines. There is marked crosswalks intersection Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

6 = Direction = Vehicle =Vehicle = Pedestrian with fully functional traffic and pedestrian signals. The westbound lane of Beacon Street has two lanes separated with a solid white line. The left lane has arrow markings for straight and left turns and the right lane has marked arrows for straight and right turns. Both east and west lanes have a marked bike lane and marked parking spaces. There were vehicles parked in the east and westbound lane in the area of the crash site. The eastbound lane of travel lane is approximately 3 feet in width and the westbound lane is approximately 3 feet in each travel lane. The portion of Langley Road where the operated drove is a one way that has parking on both sides of the road and does not have a posted speed limit. As I looked in the eastbound lane of lane of Beacon Street I observed some clothing on the roadway and a couple of bags. I looked further west on Beacon Street I observed a ramp tow truck yellow in color with the Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

7 = Direction = Vehicle =Vehicle = Pedestrian headlights activated, marker lamps lit, and the truck engine was running. The truck is a 997 International model 4700 DT466 Massachusetts registration 5050G vin number HTSCAAM7VH4007 with a G.V.W.R. of 5, 00lbs the truck is registered to TODYS Towing 4 Washington Street Newton MA I observed some damage to the front grill of the truck. I observed some tire impressions on the roadway from the truck. I began taking pictures and made some markings on the roadway. While I was on scene I spoke with the operator of the truck David Donahue I asked him if he had a cell phone and if I could see it. He showed me the phone I observed the following calls Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

8 = Direction = Vehicle =Vehicle = Pedestrian. 7:pm missed call :pm dialed call for 9 seconds 3. 7:6pm dialed call for 5 seconds After I looked at his phone I handed the phone back to him and asked him if he could tell me what happened. Mr. Donahue stated he was notified via phone from the Newton Police Department to respond to the area of Lagrange Street for a tow. He stated that he was en route to LaGrange Street. He was traveling south on Langley Road from Centre Street. He stated Langley Road was congested with vehicle and pedestrian traffic in and crossing the street. He stated he was crawling down the roadway approaching the traffic signal at Sumner Street / Langley Road. He observed a mini van double-parked blocking anyone from being able to turn left to Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

9 = Direction = Vehicle =Vehicle = Pedestrian travel onto Sumner Street. He stated the traffic signal was green and he was unsure on how many other vehicle went through the intersection before him. He stated that he was crawling through at a low speed. He stated that he activated his left turn signal and accelerated as soon as he got passed Sumner Street. He stated he observed traffic coming down (north) on Langley Road. He stated that his turn signal was on as to notify the oncoming cars. He stated there was a vehicle in front of him but unknown the distance while traveling through. He stated that he had a clear line of path to turn left onto Beacon Street. He stated he never observed the pedestrians until impact. He stated after impact he checked on the pedestrians and a couple of people yelled out Im a doctor and they rendered aid. He stated that he took a step back and called the Newton Police Department to report the crash. After I spoke with Mr. Donahue I advised him if I Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

10 = Direction = Vehicle =Vehicle = Pedestrian had any follow up questions I would contact him. Sgt. Babcock stated he had a couple of witnesses that left prior to my arrival and their contact information. I will contact them later at a reasonable hour. I began making markings, Officer Devine took pictures and we took measurements of the crash site area. In addition we were able to view video footage from a camera inside Central restaurant located at 76 Beacon Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

11 = Direction = Vehicle =Vehicle = Pedestrian Street. While inside the restaurant I spoke with the manager Alex Nagi. I asked him if he knew what the pedestrians had for dinner and if he had the receipt. He advised me they had () glasses of Pinot Grigio () Bombay Sapphire Martinis () order of wings () order of Risotto, and he also gave me a copy of the receipt. Officer Wallace from the I.T. Bureau was unable to download the video at this time so he took a video from his cell phone. I will follow up on downloading the video footage from the security camera. I will have the pictures downloaded at the I.T. Bureau Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

12 = Direction = Vehicle =Vehicle = Pedestrian I observed the video footage from the Central restaurant, which showed the pedestrians leaving the restaurant. The pedestrians walked right outside the restaurant, went to the crosswalk. The pedestrians walked in the crosswalk into oncoming traffic. The pedestrians go out of sight of the video until impact from the tow truck. After observing the video I went back to the scene and I went inside the truck since it was still running. I did a visual inspection of the truck and took pictures of the truck. While on scene approximately two-three hours after the crash occurred MSP field Sergeant Pardo Montagano arrived on scene with another MSP field Sergeant Mark Burke and other Trooper arrived on scene. Sergeant Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

13 = Direction = Vehicle =Vehicle = Pedestrian Babcock advised me that the MSP was there for informational purposes only in case the crash resulted in a fatality. Sergeant Babcock shared the information with the MSP. Sergeant Babcock also advised me that if the State Police needed the pictures of the crash they would contact us. After the markings, pictures, measurements, and statements were completed, we notified an outside towing contractor respond to the scene and tow the truck back to Newton Police Support Services. Perfection towing Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

14 = Direction = Vehicle =Vehicle = Pedestrian of 483 Pleasant Street Watertown MA 047 ( ) arrived on scene. The tow truck driver identified as Kirk Huxunder. He towed the tow truck to the Newton from the crash site area along with Officer R. McNeil following the tow truck to Newton Police Support Services were it was secured by Officer McNeil. I will complete the towed motor vehicle inventory sheet. Due to the late hour I will be conducting a level one inspection on the truck on Friday September 30, 06. We then cleared the scene without further incident. Detectives McLaughlin and McCarthy went to the Brigham and Womens Hospital and Beth Israel Hospital to obtain the clothing of the pedestrians (see incident # Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

15 = Direction = Vehicle =Vehicle = Pedestrian 60346) Officer Devine took pictures of the pedestrians clothing and logged them into property evidence (see incident # 60346) When I got back to 5 Chestnut Street the Newton Police Traffic Annex Building I called both hospitals and at this time Mr. Kaplan and Mrs. Kaplan were listed in critical condition. On Friday September 30, 06 I conducted a level one inspection on the tow truck inside Support Services Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

16 = Direction = Vehicle =Vehicle = Pedestrian garage (see DRIVER/VEHICLE EXAMINATION REPORT). After the inspection was completed I logged the keys into property and evidence. I then went to Todys towing located at 4 Washington Street Newton, MA to drop off in hand the DRIVER/VEHICLE EXAMINATION report to the driver Mr. Donahue. Also on Friday September 30, 06 I spoke with a two witnesses below is their statement Witness one: Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

17 = Direction = Vehicle =Vehicle = Pedestrian Allison Burroughs stated she just crossed Langley Road from the restaurant No. Noodle house. She was with her six-year-old son on the corner of Beacon Street at Langley Road facing north. She stated that she pressed the pedestrian signal because she wanted to cross Beacon Street with her son. She stated that it was unsafe to cross without the pedestrian signal. She stated that she observed the pedestrians walking beside each other towards her direction. She also stated the pedestrians were wearing dark clothing and they looking down as to see where they were stepping. She also stated that the pedestrians were walking against the traffic light walking into traffic. Ms. Burroughs stated the pedestrians were a little more than halfway Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

18 = Direction = Vehicle =Vehicle = Pedestrian across the street at the time of impact. She also stated she thought the truck was traveling somewhat fast. Witness two Franco Cedrone stated that he was stopped on the left westbound lane of Beacon Street in his GMC pick up truck. He stated that he did not observe the pedestrians until they were near the front of his truck. He stated that observed the tow truck coming from Langley Road but he did not observe the impact. He stated he wasnt really paying much attention but he heard the impact and observed the pedestrians on the ground Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

19 = Direction = Vehicle =Vehicle = Pedestrian On Saturday October, 06 I called the Beth Israel Hospital I was advised that Ms. Kaplan was still in critical condition. I then called the Brigham and Womens hospital and the person on the phone introduced himself a MSP Daniel Tucker. I asked about Mr. Kaplan and he stated that he would call me back and I gave him my contact information. After a while we spoke again he advised me that the pedestrians were his in laws, and the night of the crash he called his Lieutenant to have someone respond to the crash in case it turned into a fatal crash. I advised him I would be investigating the crash and any questions to call me Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

20 = Direction = Vehicle =Vehicle = Pedestrian Later on Saturday I spoke with the driver of the truck Mr. Donahue. He stated that MSP Sergeant Montagano wanted to meet him at the Brighton barracks for an interview, and during this interview he issued him a citation for 89/ failure to stop for a pedestrian in a crosswalk. He also advised me that Sergeant Montagano based his citation on one witness statement and a video. I advised Mr. Donahue that I never heard of the MSP investigating the crash. I advised him that the Newton Police were the investigating the crash and I would look into it Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

21 = Direction = Vehicle =Vehicle = Pedestrian On Monday October 3, 06 I met with Newton Police I.T. Bureau Director Steve Smith at Central restaurant located at 76 Beacon Street along with the manager Alex Nagi. Director Smith was able to download the video of the crash that I will put in property and evidence. (see incident # 60346) Later on in the evening Sergeant Babcock scheduled a reconstruction of the crash to occur around the same time as the crash. I also performed test skids with the tow truck. During the field test I found the following: Based on skid tests and the physical evidence on the scene the night of the crash, using the basic minimum Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

22 = Direction = Vehicle =Vehicle = Pedestrian speed formula I determined that the truck was going approximately 0 M.P.H. at impact. Sgt. Babcock re enacted the role of the pedestrians and I operated the tow truck to re enact the drivers operation. The result of reconstruction revealed that the driver Mr. Donahue or any other reasonable driver could have not observed the pedestrians until impact of the pedestrians. On Tuesday October 4, 06 I requested a subpoena for Mr. David Donahue cell number, the target number is , Verizon is the carrier Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

23 = Direction = Vehicle =Vehicle = Pedestrian On Wednesday October 5, 06 I canvassed the area for additional cameras. I did find two cameras, one ATM camera located at the Wellesley Bank located at 776 Beacon Street MA and one camera located at 765 Beacon Street. I will make contact to obtain the videos (see incident # 60346) Later on Wednesday I learned that Mr. Kaplan was released from the hospital. I also learned that Mrs. Kaplan was still making improvements but still listed in critical condition Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

24 = Direction = Vehicle =Vehicle = Pedestrian Update: On Tuesday October, 06 I received the Mr. Donahues cell phone records from the ADA office. I notified the ADA office that the records were e mailed to me as an excel sheet. Update on Thursday October 3, 06 I obtained that Mrs. Kaplan was alert and conscious and still improving. I also received a certification from Verizon stating the records are certified. I observed and obtained video footage from 765 Beacon Street. The video footage showed Mr. & Mrs. Kaplan exit the restaurant, walk towards the pedestrian traffic signal. It showed that they were wearing dark clothing, they did not activated the Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

25 = Direction = Vehicle =Vehicle = Pedestrian fully functional pedestrian signal that was next to them. Mr. & Mrs. Kaplan observed the oncoming vehicles and start walking in the crosswalk into the oncoming vehicles. The video also showed witness Allison Burroughs and her son waiting for the pedestrian signal to activate on other side of Beacon Street at Langley Road so they can cross Beacon Street. As Mr. & Mrs. Kaplan are walking in the crosswalk into oncoming vehicles there is impact from the tow truck operated by Mr. Donahue. On Friday October 4, 06 I spoke with the attorney for Mr. And Mrs. Kaplan. The attorney Leo Boyle of Meehan, Boyle, & Bogdanow P.C. two Center Plaza Boston, MA 008 ( ) in regards to obtain a Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

26 = Direction = Vehicle =Vehicle = Pedestrian statement from Mr. Kaplan. Update: On Monday October 7, 06 I received an confirming from the attorneys office that the interview with Mr. Kaplan will be on October 5, 06 at am at 43 Dedham Street Newton, MA. Update: On Friday October, 06 I advised ADA Baima that I completed the inspection to the truck and since this crash was not a fatality if the truck could be released. She advised me that the truck could be Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

27 = Direction = Vehicle =Vehicle = Pedestrian released. I advised Support Services of the release and also notified Todys towing the truck is released. Update: On Tuesday October 5, 06 I met with Mr. Kaplan and his attorney at Mr. Kaplans residence. He stated he couldnt remember much, but he stated he and his wife went to the Central Restaurant at approximately 800 hours and left at approximately 900 hours. He stated that he had the lobster Risotto and his wife had the chicken wings. He only remembered that his vehicle was on the other side of Beacon Street (eastbound lane), he and his wife started to walk in the crosswalk. That was the last thing he remembered. He stated that was all he could remember about that night Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

28 = Direction = Vehicle =Vehicle = Pedestrian Conclusion: The investigation revealed from video cameras, statements, pictures and physical evidence that the time of the crash was in the nighttime hours, the intersection is poorly lit and you can barely see in the intersection except when vehicles in traffic have their headlights on. The pedestrians Mr. and Mrs. Kaplan exit the restaurant, they were wearing dark clothing. The pedestrians walked west to the handicap ramp on Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

29 = Direction = Vehicle =Vehicle = Pedestrian Beacon Street with a fully functional pedestrian signal that was a reasonable distance to activate. The pedestrians without pressing the pedestrian signal walk into the crosswalk on Beacon Street and walk south into oncoming traffic. There was a witness Ms. Burroughs who was with her son waiting on the corner of Beacon Street and Langley Road for the pedestrian signal to activate, to safely cross. She observes the pedestrians walking in the crosswalk towards her direction. Witness Franco Cedrone did not observed the pedestrians until they were near his truck. The operator of the truck David Donahue was traveling south on Langley Road, the roadway was congested with vehicular and pedestrian traffic and a vehicle was double parked blocking a lane of travel. Mr. Donahue continues on Langley Road he has a green traffic signal, he observes oncoming traffic on Langley Road traveling northbound towards his direction, he turns left (east) onto Beacon Street at Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

30 = Direction = Vehicle =Vehicle = Pedestrian approximately 0 M.P.H. based on minimum speed formula from physical evidence on scene and he has contact with the pedestrians in the crosswalk. I found several contributing factors to this crash, and I believe this crash could have been avoided if the lighting in the intersection was adequate, if the pedestrians activated the fully functional pedestrian light and waited for the pedestrian signal to activate just like the Ms. Burroughs did with her son. Under City Ordinance 9 4 (a) Pedestrian Actuation of Traffic- Control signals states At a traffic-control signal location where pedestrian indications are, a pedestrian shall not cross a roadway unless the walk Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP

31 = Direction = Vehicle =Vehicle = Pedestrian indication is displayed. Therefore with all the above mentioned I do not believe the operator David Donahue was at fault for this crash due to the poor lighting in the intersection and the pedestrians wearing dark clothing walking into oncoming traffic. I believe the operator was not able to observe the pedestrians Placard Material digit # Material Name Material 4 digit # Release code ROCCO D MARINI 63 NEWTON POLICE DEPARTM 09/30/06 CDP