I am curious as to Mr. Rivera driving illegally which by all accounts is a criminal act. If Mr. Rivera was not driving and not there, then Mr. Alder would be alive today. I am also curious why the Mr. Leones office is quashing this, when by all accounts it is perfectly clear that Mr. Rivera was at fault for the accident and responsible for the death of Mr. Alder. When your license or driving privilege is revoked or suspended and you drive any ways, then you are breaking the law which is there to protect all of us. Should you break the law and an accident occurs then you are at fault. Regardless of the circumstances if you were not there the accident would not have occurred.

It's a tough one but the fact is Allder drove into the oncoming lane which is also against the law.

It's tempting to use a hypothetical. What if Rivera had a passenger who had no idea his license was suspended. If that person was injured could they not blame the driver of the vehicle running into them? Or what if there was a driver behind Allder injured running into him because he ran into the truck?

Both Allder and Rivera are guilty but for different reasons.

This artical is ridiculous. The Allder family should be ashamed of themselves. Incinuating that Rivera holds any fault in this accident is like saying that it's a woman's fault for getting raped because she just happened to be home when a rapist was walking by her house. Obviously Allder should not have been behind that wheel. There is a lot of road he had to cross to hit the other driver. My guess is that he fell asleep. I've seen the pictures......I'm no expert but it's pretty black and white. It disgusts me that the Allder Family would try and lay blame on anyone but the obviuos cause of that accident. Shame on the Allder Family, shame on Stephen Allder for driving when he should not have been and almost killing an innocent person as well as himself, shame on the Tewksbury Patch for printing this article, shame, shame, shame on all of you.

Jessica, while i appreciate your frustration, the facts in the case are accurate. A criminal complaint was filed. As for the road, you are mistaken. Route 38 is 2 lanes. A driver would only have to drift a couple of feet to be in oncoming traffic.

Just because someone is suspended/revoked and they do drive and get in an accident, that does not make them responsible for the accident if they were following the rules of the road. That is just how it is. Rivera should not have been driving, but that does not mean he was at fault. Again, that is just how it is. The family needs to accept that and move on. The longer they argue those facts the longer it will take to get over their family members death. I wish all involved well.

On April 11, 2011 my brother was killed in an accident which affected two families. We, the Allders have accepted our brothers death. The problem is the conflicting information we have been getting. My brother paid the ultimate price for this accident with his life. He is not here to tell us what happened. However, he had a valid license and had every right to be on the road. Mr. Rivera had a revoked license and never should have been driving, it is against the law. The article printed by Bill Gilman will hopefully get the attention of the proper people so that we, the family, can get some straight and honest answers to our questions. nothing will bring our brother back but our family needs closure. Why was Mr. Rivera's license revoked? Is this because of a habitual problem or a one time event? We think it is only fair to get an answer to these questions. We sincerely hope that Mr. Rivera has made a complete recovery from his injuries. Larry

8 time drunk driver in court now. 80% of drunks that go before a judge in this state get off. People driving with suspened licenses or revolked licenses are off the road for a reason. they are breaking the law. It's bad enough out there driving without people who are not supposed to be driving out there also. How many more times will this guy drive without a license???

Bottom line. The law is the law and Mr. Rivera broke the law by getting behind the wheel without a license. So how do you put blame on one driver that crossed the line but the one who broke the law with no license is not at fault?? and shame on you jessica for hypocritacally saying mr allder should not have been driving, but it was ok that Mr. rivera was??? we have laws about licenses for a reason! We dont know exactly what happened but we do know that had Mr Rivera not been driving like he shouldn't have been, he would not have been hit! And to say someone else would have been hit if it wasn't Mr. Rivera is pure speculation.

Through persistence and dedication on both Mr. Gillman and the Allder family Mr. Rivera has been arrested for driving with a REVOKED license. The facts have come to light and the truth is in the writing. We all must work together to ensure that those who break the law are held responsible for there actions and if so Mr. Allder would be here today. I do know that the law must hold accountability or else what is the point of the law. The law is there to protect us all. If you break the law it stands to reason that while you are breaking the law you are responsible for what happens regardless of most circumstances. Such as saving a life or an emergency. Again had Mr. Rivera stayed off the road and did not engage in ignoring/breaking the law he would not have even been in any accident and by taking Mr. Rivera out of this than it stands to reason Mr. Allder would be here today. Mr. Gillman I look forward to seeing how this all comes to fruition.

Gary, mr allder caused the accident. How do u know he would still be here? It is what it is. People need to move on.

I understand... you misunderstood my intent, Bill. My response to Gary in the form of a question was facetious. I know how and why you reported.

It's interesting to read the comments/opinions, but when it hits home you look at things with a different perspective.It's even more disturbing under these circumstances since the other driver had a REVOKED license. The family would like to thank Bill Gilman & the Tewksbury patch this has helped give us some closure.

it's unfortunate all the way around. An accident is about cause and effect. Cause was Mr. Allder crossing the center line. Period. Effect was that he hit someone. It doesn't matter who the someone was. If it were a pedestrian, who maybe was an illegal alien, would we argue that the pedestrian was at fault for the accident for being in the country?

Mr. Rivera is responsible for breaking the law in which Mr. Allder would not have hit Mr. Rivera causing Mr. Allder's death. As for Mr. Gillman and the Allder family they are seeking truth and justice. Mr. Rivera has to live with the consequences of his actions, again I say live while the Allder family has to work through the death of a loved one. I am sure if anyone had lost a loved one in this manner they would seek justice. I am sure that Mr. Rivera did not intend for this to happen and this is the risk you take by driving with a revoked license. It is revoked for a reason. I am sure if this were a reversed situation the Rivera family would want the same justice. Perception is key. As for the perception of illegal alien a pedestrian has right of way. A license to drive is a privilege not a right. Revoked means you have no license at all due to a criminal charge or infraction. With mitigating circumstances due to the accident he should receive the maximum sentence afforded by the law. This is the risk Mr. Rivera chose. Cause was driving with a revoked license effect was an accident.

Uh is not a word but a rude and disrespectful response that is intended to insight. In this case it would show a distraction of thought annoying others and making your self less then. I wish you luck in your new grammer classes killbill

Gary, sorry but your logic is way off here. How many other drivers did Mr. Rivera pass going north without an accident that morning? My guess is Mr. Allder was not the first. So the act of driving without a valid license, if the cause, would have caused an accident prior with the first car he passed. Since there is no evidence he did anything else illegal while driving like running a red light, going through a stop sign or crossing the solid double lines his actions by themselves didn't cause the accident.
Mr. Allder crossed the double, solid yellow lines which is illegal. If that never happened, Mr. Allder is alive and Mr. Rivera probably gets away with driving illegally that day. Therefore logic says there is a single cause (crossing yellow lines) of the accident.
Mr. Rivera should be prosecuted for driving without a license. He should not be held responsible in any way for the accident. It was 100% Mr. Allder's fault.

anyone who drives down 38 at that time of day knows if he did not hit the car he did he most likely would have hit the next car. traffic is so heavey at any time on rte 38

Lets look at the facts Mr. Rivera went to the truck, started it up and proceeded to drive ILLEGALLY. Breaking the law and in the commission of a crime knowingly driving without a valid license. Now while driving ILLEGALLY and in the commission of a CRIME he is struck by a vehicle who has drifted into his lane. Now at that time for whatever reason the traffic was very light in fact there were only a few witnesses and no other vehicles were involved or even closely involved. Had Mr. Rivera not driven, not committed a crime, not been on the road than Mr. Allder would be here today. These are the unforseen acts that people who break the law find themselves in as Mr. Rivera now knows and will forever more never forget the life he has taken do to his choice to break the law and endanger everyone on the road and himself. Again revoked is serious. Driving to endanger, Habitual offender, DUI, DWI, Driving after suspension or revocation, excessive speed, road racing, road rage, Criminal Negligence. Now Mr. Rivera should have been arrested on the spot that is the normal procedure. In order to drive in Mass you have to have proof of insurance, there must have been deception on addresses and other pertinent information. If the vehicle was not Mr. Rivera's then the owner knowing let a criminal act ensue and is just as culpable and responsible as the act itself.

Welcome to January...

It's ridiculous that Rivera is allowed to pursue a claim when he was driving illegally. The next thing that will come out of this is that Rivera is not in the US legally.

My license was suspended in January and I was court ordered not to operate a motor vehicle until I reinstate my license next week. I followed the rules to avoid breaking the law and to avoid a situation where I may put my self in a worse situation. Now I almost regret not doing the right thing. Maybe I should have drove the whole time especially if I would face no consequences for doing so if I was to be involved in an accident. I am not arguing the cause of this accident but the law is the law and it seems the judicial system is not what many of us in this great country believe in it to be. I have lost much respect for it and in my experience the courts are no different then the big banks we bailed out. In my experience they have put their hand out in front of me with ridiculous fines and fees and as long as I put the dollar in their hand I have my freedom. Even though I highly disagree with the system I followed the law as I was instructed as should have Rivera.

Question, was Rivera charged with operating without a license? I sure hope so. That was all he was guilty of that day.