Car Accidents

August 5, 2013

Provincetown Woman Arrested and Charged with OUI after Head-on Collision on Sagamore Bridge

A Cape Cod woman is facing a slew of charges, including operating under the influence, after causing a car accident on the Sagamore Bridge in Bourne last night.

Dorothy Hitchcock, 25, of Provincetown, MA was driving her GMC SUV when she veered into oncoming traffic while traveling eastbound on Route 6, Sunday evening. Hitchcock’s vehicle collided head-on with a Buick SUV carrying three passengers, who were later taken to the hospital with unknown injuries.

Hitchcock was also brought to a nearby hospital where she was treated for non-life threatening injuries. She is charged with operating under the influence of liquor and drugs, drug possession, negligent operation of a motor vehicle, a marked lanes violation, and a seatbelt violation. Unfortunately, this marks the second serious crash on the Sagamore Bridge within a month. Over the Fourth of July, there was a deadly hit-and-run-crash that claimed the life of an Israeli man, and injured four other victims.
While some car accidents are minor fender benders, many car accidents, as illustrated in this instance, are serious and often result in severe injuries and even death. At the law offices of Altman & Altman, LLP we understand that being a victim of any type of accident is stressful and there are many concerns both victims and family members have after an accident, such as:

• Who is responsible for paying my medical bills after I am injured?
• How do I collect my lost wages?
• When will my car get fixed?
• How much is my case worth?
• What do I do if the insurance company is saying it was my fault?
• What should I do if the insurance company for the other car wants to take my statement?
• What do I do if I cannot get the police report?
• Am I able to file a claim if the other car left the scene after the accident?

Although Massachusetts is a no-fault state and motorists, with the exception of motorcyclists, are covered by their own Personal Injury Protection (PIP) insurance, your medical costs may far exceed your PIP’s policy limit as well as the limits of your own medical insurance coverage. PIP also will not cover any lost wages.
Continue reading

July 22, 2013

Woman Seriously Injured after Marion, MA Hit-and-Run Accident

by Altman & Altman

A woman was seriously injured during a hit-and-run accident in Marion yesterday afternoon.

Marion police officers responded to a call of a pedestrian who was struck on County Road just after 4 p.m. on Sunday. The woman, aged 40, sustained severe injuries and one of her dogs was killed during the accident. She was taken to Tobey Hospital in Wareham, and then transported by helicopter to Rhode Island Hospital.

Police were able to track down the driver, David R. Pajunen, 22 of Wareham late last night. Pajunen was arrested and charged with leaving the scene of a motor vehicle accident, causing injury, and a marked lanes violation.

July 10, 2013

Two Plymouth Teens Injured in Texting and Driving Crash

by Altman & Altman

Police in Plymouth have cited texting while driving as the cause of a crash that left two teens injured early Tuesday morning.

A 19-year-old Manomet woman and her 18-year-old brother were struck head on by another vehicle while they were traveling on State Road shortly after 1 a.m. on Tuesday. The other driver, identified as a 19-year old man from Plymouth, strayed into the other lane and caused the crash near Melix Avenue. Police said that the 19-year-old male had been texting before the accident, and he was cited on charges of driving to endanger, committing a marked-lane violation, and texting while driving.

The brother and sister were taken to South Shore Hospital in Weymouth with serious, but non-life threatening injuries. The male driver was not injured in the accident.

Texting and driving has become a serious epidemic in the United States, not just with teenage drivers but with seasoned drivers as well. According to the Center of Disease Control and Prevention, about 20% of all car accidents are caused by distracted driving. In 2011 alone, 3,331 people were killed and 387,000 were injured as the result of distracted driving.

Massachusetts has a zero tolerance policy when it comes to texting and driving. Though individuals over 18 are allowed to talk on a cell phone while driving, all drivers, no matter what age or what type of license they carry, are banned from text messaging while operating a motor vehicle.

Drivers speaking on a cell phone are 4 times more likely to cause an accident. A person who is texting while driving is 23 times more likely to get into an accident than someone who is not distracted. According to the Ad Council, 5 seconds is the average time a person’s eyes are taken off the road while texting. At 55mph, that’s the equivalent of driving the length of an entire football field while blindfolded.

Texting is not the only type of distraction drivers can engage in while driving. Rather there are three types of distractions:

• Visual: taking eyes off of the road • Manual: taking hands off of the wheel • Cognitive: taking mind off of driving
Some common examples of distracted driving include:

• Cellphone or smartphone use • Eating or drinking • Talking to passengers • Daydreaming • Grooming • Reading, including maps • Using a navigation system • Watching a video • Adjusting the radio Continue reading

July 2, 2013

Worcester Police Investigate the City’s Third Pedestrian Fatality

by Altman & Altman

Worcester police are investigating a fatal pedestrian accident that left a 67-year old man dead last Friday night.

The victim’s neighbor, Christopher Maider, found the man lying face down in the road around 9:30 p.m. Friday. Police said the victim was crossing the road when he was struck by a 63-year-old female driver. He did not cross at a crosswalk, however. The female driver did stop, and no charges have been filed since the incident.

According to Maider, the street where the incident took place is especially busy, and he said he doesn’t feel safe walking down that street.

“If I went to this crosswalk and stood there, nobody would stop, which is the motor vehicle law. You see somebody in the crosswalk, you are required to stop; that’s the law. That’ll never happen here,” Maider said.

Sadly, this incident marks the third pedestrian fatality in the city of Worcester, alone, and it serves as a grave reminder to both pedestrians and drivers to be vigilant and safe on the roadways.

Pedestrian accidents account for more than 13% of all traffic fatalities. Pedestrians also make up 3% of all persons injured in motor vehicle accidents. The National Highway Traffic Safety Administration (NHTSA) estimates that a pedestrian is injured every eight minutes and one pedestrian dies every two hours as the result of a traffic accident in the United States.
Continue reading

June 17, 2013

Study Finds Voice-to-Text is Just as Distracting as Manual Texting

by Altman & Altman

If you are under the assumption that hands-free texting is safer than manual texting, think again. A recent study published by AAA found that using voice-to-text devices are extremely dangerous and mentally distracting despite the fact that they are hands free.

The study comes in wake of a new projected five-fold increase of vehicles with elaborate infotainment systems, by 2018. With more and more cars with “smart” technology joining the road today, AAA is requesting its research be taken into consideration by car and tech manufacturers.

“It’s time to consider limiting new and potentially dangerous mental distractions built into cars, particularly with the common misperception that hands-free means risk-free,” Lloyd P. Albert, AAA Southern New England Senior Vice President of Public and Government Affairs said.

AAA’s study, which was conducted at the University of Utah, found that as these mental distractions increase:

• Reaction time slows • Brain function is compromised • Drivers scan the road less and miss visual cues, which may result in drivers missing objects in front of them such as pedestrians, or running stop signs and traffic signals.

Dr. David Strayer, a cognitive distraction expert at the University of Utah, and his research team, measured brainwaves and eye movements of drivers to evaluate the effects of multitasking and using devices while driving on mental workloads. The team conducted a series of tests and used cameras inside an instrumented car to track drivers’ eye movements, detection-response-task (DRT) devices to record driver responses, as well as a special electroencephalographic (EEG)-configured skull cap to measure brain activity so that researchers could determine drivers’ mental workloads.

Subjects performed a series of tasks while driving including, listening to the radio, talking on the cell phone (both handheld and hands-free) and listening and responding to in-vehicle, voice-activated email features, and researchers rated these tasks on a scale of 1 to 5 (with 5 being the highest level of distraction). Researchers concluded that listening to the radio ranked as a category “1” level distraction or minimal risk. Talking on a cell-phone or passenger in a car ranked in category “2” and posed moderate risks.
Continue reading

June 12, 2013

Seatbelts Could Have Saved 3 BU Students in New Zealand Car Accident, Officials Say

by Altman & Altman

The three Boston University students killed last May when their minivan flipped on a rural New Zealand road, could have survived had they been wearing seatbelts, officials said.

Rotorua, New Zealand Constable Tina Mitchell-Ellis, said that the three students who died, and a fourth who suffered severe brain trauma, were not wearing seatbelts and were thrown from the van. The four other passengers in the van who were wearing seatbelts survived and sustained only minor injuries.

The students had all been a part of a study-abroad program in New Zealand and were driving in a rural part New Zealand to begin a scenic hike. According to reports, the driver of the van, Stephen Houseman, became distracted while driving and drove onto the side of the road before over-correcting and flipping the van four times.

Neither drugs nor alcohol were involved in the accident, and police did not suspect Houseman was speeding before the accident. Officials believe that inexperience with driving a van and being unfamiliar with the roads contributed to the accident. Houseman pled guilty to careless driving and had his license suspended for six months.

This tragic accident involving Massachusetts college students is a stark reminder of the dangers of operating a motor vehicle or being a passenger in a motor vehicle, and not wearing a seatbelt. According to both the National Highway Traffic Safety Administration and the National Safety Council, seatbelts are the most effective safety device for preventing serious injury or death in the event of a car accident. In fact, wearing a safety belt can reduce the risk of serious injury during an accident by more than 50%.

In a study done by the NHTSA, 42% of motor vehicle passengers who were killed in accidents were not wearing a seatbelt. Under Massachusetts law, seatbelt violations fall under secondary enforcement laws; meaning that a driver can be ticketed by an officer for not wearing a seatbelt only if he or she has committed another traffic violation. The seatbelt usage rate in Massachusetts is estimated to be around 74%, which is lower than the National average (88%). However, the NHTSA estimates that over 1,600 lives could be saved and 22,000 injuries prevented each year if seatbelt usage was at 90% in every state.
Continue reading

May 28, 2013

Police Investigate Memorial Day Motorcycle Accident in Holliston, MA

by Altman & Altman

A motorcyclist was flown to Brigham and Women’s Hospital yesterday after being critically injured in a crash in Holliston, Massachusetts.

The male motorcyclist was the only person involved in the single-vehicle accident which occurred on Brook Street around 2:30 p.m. Monday. Police are still investigating the cause of the crash.

The National Highway Traffic Safety Administration estimated approximately 81,000 people were injured and 4,612 were killed in motorcycle accidents in 2011 in the United States; a 2% increase from the number in 2010 and a 41% increase from 2002. Motorcycle accidents accounted for 14% of the total number of motor-vehicle crashes in the United States. The National Highway Traffic Safety Administration estimated that per every vehicle mile traveled, motorcyclists are 30 times more likely than passenger car occupants to die in an accident, and 5 times more likely to be injured during an accident.

The NHTSA stated that 49% of fatal motorcycle crashes involved collisions with other motor vehicles; 75% occurred with the motor vehicle in front of the motorcycle. Fatal motorcycle accidents were most likely to occur with fixed objects, rather than collisions with other motor vehicles.

Speeding, rider inexperience, and alcohol use are the three main factors that contribute to the high risk of accident on a motorcycle. According to the NHTSA, 35% of all motorcyclists involved in accidents in 2011 had been speeding before the crash. Inexperienced and un-licensed individuals made up 14% of those injured or killed in motorcycle accidents, and individuals who had had their licensed suspended previously were 1.4 times more likely to get into an accident compared to those with a passenger vehicle license revocation. Alcohol use is also a risk factor for fatal motor cycle accidents. The NHTSA estimated that about 29% of all motorcyclists were impaired by alcohol at the time of an accident. Riders aged 40-44 made up 38% of that group, respectively, followed by individuals ages 45-49 and 35-39 at 37%.
Continue reading

April 25, 2013

Fatigued Driving in Massachusetts: As Dangerous as Driving Drunk

by Altman & Altman

Fatigued driving is probably familiar to every driver, especially early morning commuters and those driving late at night. While some may think that getting behind the wheel fatigued can be harmless, it is actually quite dangerous. In fact some studies suggest that drowsy driving is just as dangerous as drunk driving.
4-25-13%20blog2.jpg

Causes of Drowsiness

There are many risk factors associated with drowsiness, such as chronic sleepiness caused by frequent lack of sleep, acute sleep loss, and work shifts. A variety of circumstances can account for acute sleep loss like taking care of children, vacations, short-term work demands, and social events. Irregular work schedules, late night or overtime shifts may throw off a person’s internal clock and lead to increased sleepiness. The amount of time a person spends behind the wheel can also contribute to their level of fatigued. Tractor trailer drivers, for example, often experience fatigue because of the many hours they spend on the road.

Lack of sleep is not the only reason for drowsiness. Potent medications like sedatives, antidepressants or antihistamines used to treat allergies and colds, and even alcohol consumption can influence levels of tiredness.

The Dangers and Warning Signs of Drowsy Driving

Boston is surrounded by major highways and interstates like the Mass Pike, Routes 128, 495, 93 and 95. It is important to be vigilant of dangerous drivers and be aware of your own driving habits. According to a study by AAA, drowsy driving accounts for 17% of all motor vehicle accidents in the United States. Unlike drunk driving accidents, where a driver’s blood alcohol content can be measured, there is no objective way to measure how tired a person is.
Continue reading

April 12, 2013

Fatal Text Message Serves as Warning to Massachusetts Drivers of the Dangers of Distracted Driving

by Altman & Altman

The parents of a University of Northern Colorado student who died last week while texting and driving, are hoping that a photo of the text he was sending just before he crashed, will remind other drivers to put the phone down while behind the wheel.

“In a split second you could ruin your future, injure or kill others, and tear a hole in the heart of everyone who loves you,” the victim’s mother, Sharron Heit said.

Alexander Heit was responding to a friend’s message when he drifted into oncoming traffic, jerked the wheel of his car, and then went off the road, rolling his car. Heit never sent the message and a screenshot from his iPhone was published to serve as a stark reminder of the dangers of distracted driving.

MA Laws

Massachusetts has a zero tolerance policy when it comes to texting and driving. While individuals over 18 are allowed to talk on a cell phone while driving, all drivers, no matter what type of license they carry are banned from text messaging while operating a motor vehicle.
Continue reading

April 3, 2013

Investigation Finds Boston, MA Cabs Seriously Underinsured

by Altman & Altman

In a recent article published by Boston.com, the Boston Globe Spotlight Team found that Boston Cab Company, in addition to other Boston taxi companies, remains dangerously underinsured, and keeps passengers and victims of cab accidents at risk.

According to the Spotlight Team, most of the Boston Cab Company cars operate with the minimum amount of required insurance to cover serious injuries. The $20,000 minimum coverage is only fraction of what most motorists on the road today have in coverage; less than half of what is required for bicycle messengering services in Boston ($50,000), and only a tiny fraction of that required of black livery cars at Logan Airport ($1 million).

The major problem with having such minimal insurance is the limited protection and compensation for victims involved in taxi cab accidents. Elizabeth Rideout and her mother, for example, were both injured when a cab driver lost control of his vehicle, jumped a curb, and struck them while they were standing outside of a Logan Airport terminal. Rideout’s mother was dragged under the car’s axel and sustained injuries that left her hospitalized in Intensive Care for eight months. Boston Cab Co. initially offered $8,000 in compensation, and then increased their offer to no more than $20,000 stating that was all they were liable for.
Continue reading