Car Accidents

October 3, 2014

Brookline Police Gauge Interest in New Bicycle Law

Bicycle safety continues to draw the attention of city officials as the number of cyclists grows across the city. With increasing attention to the environmental and health advantages of opting for bicycles instead of motor vehicles and public transportation, and the advent of bike share programs like Hubway, the volume of bicyclists has increased dramatically. With this movement towards cycling, bicycle laws may need to be reconsidered to ensure that cycling remains an attractive option for Bostonians, while ensuring the safety of cyclists, pedestrians, and motor vehicle drivers.

Boston.com reported that on September 17th, the Brookline Police Department solicited comments via Twitter regarding the adoption of a new bicycle law commonly known as the Idaho Stop. The law would allow cyclists to treat red lights as stop signs, and treat stop signs as yield signs, thereby letting cyclists move more quickly and have more freedom on roadways. In Idaho, bicycle injuries declined by 14.5% in the year following the implementation of the law.

Existing bike laws in Brookline follow a “same roads, same rules” approach, which requires cyclists to adhere to the same road rules as drivers of motor vehicles. Steve Sidman, Executive Director of the Boston Cyclists Union criticized this approach, noting that the rules applicable to motor vehicles cannot logically be applied wholesale to bicycles. Stidman also recommended the construction of a separate bicycle path on Commonwealth Avenue to reduce bicycle accidents.

Brookline Police Lieutenant Philip Harrington noted that there are no definite plans to adopt the new rule and the department is merely opening the topic for discussion at this point.
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September 30, 2014

Walmart Responds to Tracy Morgan’s Lawsuit: “Morgan Should Have Worn a Seatbelt”

by Altman & Altman

Retail supergiant Walmart has finally responded to a lawsuit filed by actor and comedian Tracy Morgan over a deadly car crash that left Morgan in critical condition. Its response: Morgan should have worn a seatbelt.

According to CNN and court documents, Walmart filed a 28-page response to a complaint by lawyers representing Morgan and three others who were injured in the accident, which occurred when Walmart semi-truck driver Kevin Roper collided with the rear end of the Mercedes Sprinter van in which Morgan was riding. Photos released of the incident show the Mercedes was hit with enough force for it to land on its roof and cause a chain reaction crash with four other vehicles. Roper pleaded not guilty in June to criminal charges that included vehicular homicide and assault by auto.

Morgan’s lawsuit claims that Walmart was careless and negligent in the operation of the vehicle that caused the accident, and that it should have known that Roper was not fit to be driving and that it violated Federal Motor Carrier Safety Administration Regulations enacted to combat the dangers of driver fatigue. Already, it was discerned by officials that Roper was potentially drowsy while he was driving (Roper had been awake for 24 hours prior), and it was speculated that his fatigue was ultimately what caused the tragic accident. Roper has denied that fatigue played a role in the crash.
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July 30, 2014

Low-Speed Collision ends in $3.1 Million Awarded by Jury

by Altman & Altman

According to the entertainment industry, car accidents are always exceedingly dramatic. They seem to only occur at a high rate of speed, culminating in a chaotic spectacle impressing viewers munching on popcorn in their seats. The problem is that entertainment industry is meant to be taken as just that-entertainment. Car accidents do not always end in movie-worthy fashion, but that does not mean serious injuries are not possible from smaller car accidents or those where the physical property damage is not immediately evident.

What happens if I am injured in a slow speed accident?
Am I still entitled to compensation for my injuries?

The aftermath of a car accident can be an incredibly confusing experience for victims recovering from injuries sustained in the crash. Lack of property damage on the vehicles involved can make the process seem even more frustrating. Victims of slow-speed motor vehicle accidents are urged to contact a Massachusetts Personal Injury Attorney as soon as possible to explore all legal options available to them.
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July 16, 2014

I’ve Just Been in Uber Accident, What do I do?

by Altman & Altman

You’re late for work on a rainy morning, you miss the bus. Thankfully, you called an Uber and your ride will be at your door within minutes. Problem solved. But what happens if the Ubercar in which you are travelling gets in to an accident? What should you do?

Don’t panic, we’re here to help.

Uber defines itself as “everyone’s private driver.” A ride-sharing program launched in 2009, the company aims to connect those in need of a ride with their drivers through an iPhone or Android app. Passengers have their credit card information saved in the app, which is also connected to their Facebook accounts, allowing a picture to display for drivers to identify the rider. The amazingly simple operation allows a rider to open the app, and using the GPS capabilities on the phone, request a ride from the drivers close by. Within minutes, the map shows the driver’s arrival, along with their name, picture, license plate number, and the make and model of their car. Upon reaching the desired destination, the driver ends the ride and the card on file is automatically charged.

Uber eliminates the need to call a taxi dispatcher or hail one on the street. Bostonians know how difficult and frustrating it is to deal with taxis in the city, and city dwellers are flocking to the ride-sharing start-up in record numbers. Uber offers a few options to riders depending on how cheap or luxurious they want their car to be. Uber Lux is the most expensive option, offering a riders top-of-the-line sedans like Mercedes, BMW, and Audi. Uber Black and Uber SUV are black livery vehicles driven by professional drivers. Customers can request a taxi through the app, which uses the taxi meter plus an additional fee. The cheapest and most popular option is UberX, in which regular drivers in their personal cars can drive customers to their destinations.
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April 7, 2014

US DOT Aims New ‘Don’t Text and Drive’ Commercial at Distracted Drivers

by Altman & Altman

It can happen in a split second, with no warning. It can happen to anyone, and it could change your life. The new “Don’t Text and Drive” commercial put out by the United States Department of Transportation aims to shock drivers-especially teenagers-into putting their phones down and paying attention to the road. Distracted driving has become an epidemic in recent years as cell phones, tablets, and other devices have come on the market. Teenagers are especially susceptible to the effects of distracted driving because of their inexperience behind the wheel combined with an almost rabid attachment to their cell phones.

The commercial pinpoints the teenage and young adult audience with the slogan, “U drive. U text. U pay,” with the hashtag #justdrive. It features a group of young women traveling in a car on a seemingly normal day. They are seen talking and laughing as the driver becomes distracted by her phone and misses a stop sign. In an instant, they are struck by an oncoming truck in the intersection. The extremely jarring scene unfolds as the car flips over multiple times before coming to rest.

In perhaps the most poignant scene, a police officer stands beside the wreckage and explains, “Nobody likes to be stopped by police, but if I’d seen her texting while driving and given her a ticket, it just might have saved her life.” The shocking images are meant to jolt teens into understanding the reality and consequences of texting while driving at point in their lives when they may feel invincible.
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March 31, 2014

State Police Report 19-Car Accident Inside O’Neill Tunnel

by Altman & Altman

Massachusetts State Police confirmed four separate accidents involving a total of 19 cars on I-93 Monday morning. The accidents all took place in the left lane on the northbound side of the highway, right inside the Tip O’Neill tunnel. Traffic became a nightmare as “several miles of backups” were observed even after the crash site was cleared up. According to CBS Boston, the first accident was a chain-reaction involving nine cars. A few minutes later, four motor vehicles were involved in another, separate crash, followed closely by four more cars involved in yet another accident. The chaotic scene was capped off by a minor fender bender involving two vehicles.

State Trooper Todd Nolan said “one person was taken to Massachusetts General Hospital with possible injuries.” CBS Boston reports that the injured person was involved in the initial nine-car crash. There were no injuries in the last three accidents. Luckily, at this time it appears there were no life-threatening injuries, but 19 vehicles are now damaged, some perhaps totaled.

The cause of the crash was not immediately known and is under investigation, according to authorities. Boston has been hit hard with heavy rain all weekend, flooding some roadways and forcing the closure of several tunnels and ramps, including the Prudential ramp off the Pike on Sunday. WCVB Meteorologist Danielle Vollmar explained that, “between 2 and 5 inches of rain have fallen in just a few hours.” The rainfall, combined with temperatures hovering slightly above freezing provided treacherous conditions for especially distracted drivers rushing in on their morning commute. Several factors could have led to the string of left-lane accidents in the same spot including speed, an unsafe stretch of road, or weather. State Police also reported several crashes along the Mass. Pike as well as in Palmer, Shrewsbury, and Chicopee due to ice.
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March 5, 2014

Jury Awards $1M South Hadley, MA Wrongful Death Award to Family of Man Killed in 2011 Drunk Driving Accident

by Altman & Altman

A jury has awarded the family of 22-year-old Joe Kareta over $1 million in their South Hadley wrongful death case. Kareta died in 2011 when he was struck in a Massachusetts pedestrian accident. At the time, he was getting mail from the house of his aunt.

The driver of the vehicle that struck Kareta, Attorney Craig Barton, 46, was reportedly traveling approximately 80 mph in a 30 mph area. His vehicle hit Kareta hard enough that he was yanked from his sneakers as his body flew over 100 feet, striking numerous mailboxes, striking another vehicle, and a traffic sign.

Barton has already pleaded guilty to criminal motor vehicle homicide while operating under alcohol’s influence, negligent operation of a motor vehicle, and another offense of operating under the influence in Kareta’s Massachusetts drunk driving death. He is serving 5 to 7 years behind bars. He did, however, leave jail so he could represent himself in Hampshire Superior Court during the Kareta family’s civil case.

December 19, 2013

Negligent Operation of Vehicle Leads to Car Crash in Cohasset, MA

by Altman & Altman

On Sunday, December 15th, several store employees at Aubuchon Hardware in Cohasset, MA found themselves jumping for safety when a 51 year old woman crashed through the front window of their store. McGurl, the woman operating the vehicle, was using a homemade extender taped to the gas petal of her car which she couldn’t reach due to her height. McGurl said she had been using this homemade device (a block of wood and duct tape), for several months. While attempting to back up, McGurl hit the accelerator by accident and crashed through the front of the store into the checkout counter. There was substantial damage to the property and merchandise. Thankfully, nobody was injured in the accident, but McGurl will be summoned to court to answer to the charge of negligent operation of a motor vehicle.

A charge of negligent operation is applied when the driver endangers any person or the public by operating the car in a reckless or unreasonable way. A person can be charged with negligent operation even if they were not involved in an accident. Even if there is no one else on the road, a driver who operates his vehicle in a way that could potentially cause an accident or endanger anyone can still be found guilty of negligent operation. Unfortunately, it is more likely that a negligent driver will be involved in an accident in Massachusetts and that someone will be injured as a result. Though the most common form of negligent operation is drunk driving, a driver does not need to be intoxicated to drive negligently. Other examples of this type of negligence include speeding, tailgating, driving while exhausted, angry, or under the influence of drugs or alcohol, and inattention. If you are the victim of an accident caused by a negligent driver, you are entitled to compensation for your injuries, pain and suffering, lost wages, and the resulting medical costs.
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December 10, 2013

WHAT SHOULD I DO IN MASSACHUSETTS IF I AM STRUCK BY A CAR WHILE ON MY BICYCLE OR AS A PEDESTRIAN?

by Altman & Altman

Although, being involved in an automobile accident while a bicyclist or a pedestrian has similar legal ramifications as when you are, yourself, in a motor vehicle, there are some important differences.

Obviously, the first thing that you must consider and tend to is your injury. You may want to consider seeking medical treatment that is covered by your private health insurance company, but sometimes your injuries and their immediate care must take precedence over health insurance complexities and monetary issues.
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December 6, 2013

Black Ice and Untreated Roads Blamed in 65-Car Pileup in Worcester, MA

by Altman & Altman

Officials in Worcester, MA have cited freezing rain, black ice, and untreated roads as the major causes of the massive pileup on Interstate 290 in Worcester last weekend.

Black ice began to cover the highway around 6:30 a.m. Several drivers lost control of their vehicles while heading down the declining section of I-290 westbound. The first accident was reported on the westbound side of the highway near Exit 14 (Grafton Street).

A chain reaction began as cars piled up in the roadway. Two tractor-trailers slid sideways at the front and rear of the accident scene. Two large commercial trucks were also struck. State police estimated 65 vehicles were involved. According to reports, public safety officials were forced to climb through the mangled mess of cars to respond to people in need. State Police reported that of the 35 to 40 people who were injured, only two had suffered serious injuries. In total, the crash scene was more than 1,500 feet long.

“I am extremely surprised that nobody was killed, especially the vehicles that went under the trailer truck,” State Police Sgt. Stephen C. Marsh said in a statement. “We had to walk over the hoods of cars, under the trailer trucks. The scene was impenetrable.”

Investigators are looking at why the roads were so slippery, and whether the roads had been effectively treated. Initial reports stated that the part of the bridge where the accident occurred typically freezes before the rest of the highway, and that it is conceivable that road crews had not properly sanded and salted the roadway. The case is still under investigation.
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