Surveillance video picks up so much these days that would have been lost in the past. For example, there is some dramatic video footage circulating in Massachusetts and nationally depicting a recent accident at a gas station in Walpole. It shows a spectacular car accident in which an 83-year-old driver accelerates his car wildly as he approaches a pump to get gas. While accelerating, the driver appears to swerve to avoid an SUV in front of him.
The video shows the driver not only crashing into the pump and taking the whole mechanism out of the ground but it shows the car clipping and knocking the gas station attendant about 20 feet into the distance. That may have been better for the attendant, despite the serious injuries. That's because a fire started where the pump had been located, which could have consumed the attendant in flames if he had been knocked in that direction.
He suffered broken bones and was taken to a hospital for treatment. The driver's recorded erratic driving in this auto crash constitutes at least negligence, making him liable for the attendant's personal injuries and also for the property damages caused to the gas station property. It's possible that the driver's car went out of control due to an acceleration defect which is now known to exist in thousands of Toyota and Ford vehicles. In that event, the driver can bring the auto company into any claim or litigation filed by the injured attendant.
However, it's reported that the driver could not remember details after the accident, which tends to dampen claims of an acceleration problem. Based on the facts now known and established by the video, the gas station attendant most likely has a clear liability claim for personal injuries against the driver in this car accident. Under Massachusetts law, the attendant also may be able to recover benefits under the workers' compensation law for a workplace injury. Because a work injury does not cover pain and suffering and certain other damages, the attendant can likely recover the appropriate measure of damages from each separate source.
Source: New York Daily News, Video: Car knocks over Massachusetts gas station pump, attendant in accident, Joel Landau, Jan. 7, 2014