crash_reports: 2100000528

On Monday, July 19, 2021, while assigned to Traffic unit N525, I responded to the area of Commonwealth Avenue and Lowell Avenue, Newton for a report of a MVA/Pedestrian crash. Commonwealth Avenue and Lowell Avenue are both public ways maintained by the City of Newton. The weather at the time of the crash was overcast with light rain. The road surface at the time of the crash was wet. Feeney Brothers Utilities has been performing gas repair services at this intersection for the past month and they have had a paid Newton Police Detail with them during their service. The detail presented itself as follows on my arrival. There was service being conducted in the northbound lane of Lowell Avenue in-between the Commonwealth Avenue carriage roads. A large trench was present in the northbound lane that made the roadway impassible. Traffic was permitted to travel down the southbound lane of Lowell Avenue towards Commonwealth Avenue for the detail. Access to Lowell Avenue from Commonwealth Avenue was prohibited. The northbound lane was blocked by orange construction cones and road closed signs. There was also no access to the Commonwealth Avenue carriage roads at this location. Both of these roadways were closed with orange construction cones and caution tape. There was also caution tape and orange construction cones restricting access to a walkway that traveled from Commonwealth Avenue to its carriage road just after Lowell Avenue (E). I also observed a "Sidewalk Closed" sign posted on the walkway. I spoke with Officer Gabriel of the Newton Police Department. Officer Gabriel stated he was working a paid detail for Feeney Brothers at this location. Officer Gabriel stated he had just assisted two female parties cross Commonwealth Avenue (E) at Lowell Avenue. Officer Gabriel stated a short time later, he heard a scream and observed two female parties laying on the roadway on the opposite side of Commonwealth Avenue in the carriage road. Officer Gabriel immediately contacted Newton Police Dispatch via his portable radio and requested aid for the injured parties. Prior to my arrival, Officer Gabriel stated one of the pedestrians was transported to Newton Wellesley Hospital with a head injury. I spoke with one of the pedestrians involved in the crash, Ms. April Stein. Ms. Stein stated she was walking in the carriage road of Commonwealth Avenue (E) towards Lowell Avenue with her friend Sarah Kish. Ms. Stein stated when they got to Lowell Avenue there was work being done in the roadway, and a Police Officer assisted them with crossing the area. Ms. Stein stated they then re-entered the carriage road when they crossed Lowell Avenue. Ms. Stein stated they were walking along the edge of the roadway when they were hit by a front loader. Ms. Stein stated they fell to the roadway due to the collision. Ms. Stein stated she did not hear or see the front loader backing up towards them and did not notice it because they were having an "intense conversation". Ms. Stein reported no injuries and signed a patient refusal with Fallon Medics. I asked Ms. Stein if she had transportation to her residence. Ms. Stein stated she would walk home. I spoke with the operator of the front loader involved in the crash, Mr. Mark Mannion (S91049325). Mr. Mannion is an employee of Feeney Brothers Utilities and stated he was operating a 2015 Case Loader (MA CON: R99118) at the time of the crash. Mr. Mannion stated he was backing up the loader down the Commonwealth Avenue carriage road (E) from Lowell Avenue. Mr. Mannion stated he was going to get a load of fill from a pile of dirt on the side of the road inside the marked off work area. Mr. Mannion stated as he was backing up, he was looking over his right should behind him to make sure there were no obstacles in his way. Mr. Mannion stated his emergency backing alarm was activated while he was backing up. Mr. Mannion stated he noticed something enter the roadway to his right side and immediately slammed on his brake. Mr. Mannion stated then heard a scream and saw 2 female parties on the ground. Mr. Mannion stated he exited the loader and checked on the welfare of the two women. Mr. Mannion's CDL License, Vehicle Registration, and Hoisting License are all active. I asked Mr. Mannion to put the vehicle in reverse to assess if the emergency backing alarm was functioning properly. Mr. Mannion was cooperative and while reversing the vehicle the emergency backing alarm was functioning properly in my presence. I asked Mr. Mannion if the loader had moved since it was brought to a stop due to the crash. Mr. Mannions stated it had not moved. I observed this vehicle to be within the parameters of the work zone that was taped off. The vehicle at this time was released back to Feeney Brothers. Photos were taken of the work site and loader and submitted to the IT Bureau. I responded to Newton Wellesley Hospital and spoke with Ms. Sarah Kish (S85088490) in the Emergency Room. Ms. Kish stated she was walking down the Commonwealth Avenue carriage road (E) towards Lowell Avenue with her friend April Stein. Ms. Kish stated a Police Officer assisted them with crossing Lowell Avenue via the crosswalk located on Commonwealth Avenue. Ms. Kish stated after they crossed Lowell Avenue, they walked to the carriage road. Ms. Kish stated as they were walking, she was hit from behind by a front loader in the roadway. Ms. Kish stated she did not hear or see the front loader and believes the bucket hit her in the head. Ms. Kish stated she fell to the roadway. Ms. Kish was transported to Newton Wellesley Hospital for her injuries. Ms. Kish stated at this moment, she had some lacerations to her back and head, and her left shoulder/neck/back area was sore. I asked Ms. Kish how often she walks that particular route. Ms. Kish stated 5 times a week. Ms. Kish stated there was nothing in place to restrict her access down to the carriage road after she crossed Lowell Avenue. I spoke with a witness to the crash via telephone, Ms. Megan Boitano. Ms. Boitano stated she was traveling on Lowell Avenue (N) towards Commonwealth Avenue. Ms. Boitano stated she was stopped at the light right next to the trench that was in the northbound lane of Lowell Avenue. Ms. Boitano stated she observed two women crossing Lowell Avenue at Commonwealth Avenue in front of her. Ms. Boitano stated she then observed a heavy piece of construction equipment approaching the trench to her left at a high rate of speed. Ms. Boitano stated it startled her as the front loader dumped dirt into the trench. Ms. Boitano stated she then observed the front loader back down the carriage road at a high rate of speed towards a dirt pile. Ms. Boitano stated she observed the two women that just crossed Lowell Avenue in the roadway behind the front loader. Ms. Boitano stated she lost sight of the women, and then observed the front portion of the front loader aggressively shake. Ms. Boitano stated she then observed one of the women walk around from the side of the front loader holding her head. As presented while investigating this crash, the Feeny Brothers work site appeared to be properly set up to mitigate a potential safety incident with ample cones, barriers, caution tape, and signage. There was also a police detail present to assist with pedestrian travel. The area of the work zone where the pedestrans entered from Commonwealth Avenue after crossing Lowell Avenue was taped off with caution tape and a sidewalk closed sign was present. The crash happened inside the work zone parameters.