Car Accidents

February 3, 2023

New Traffic Law Protects Bicyclists, Pedestrians, and Other Vulnerable Road Users

A new Massachusetts law designed to reduce traffic deaths gives increased protection to “vulnerable users” sharing the road with motor vehicles. Signed in January, the legislation requires drivers to stay at least four feet away from bicyclists, pedestrians, skateboarders, wheelchair users, horseback riders, and other vulnerable road users when passing them. It also requires motor vehicle operators to maintain a “reasonable and proper speed” while doing so.

The law makes additional safety changes, including mandating rear red lights for cyclists, requiring backup cameras and other protective features on large state vehicles, clarifying the process for municipalities to modify speed limits, and standardizing reporting on crashes involving vulnerable road users. The Massachusetts Bicycle Coalition (MassBike) says the safety bill passed after 10 years of advocating for “An Act to Reduce Traffic Fatalities.”

Massachusetts Traffic Accidents on the Rise

October 25, 2022

Brain Injuries Caused by Car Accidents

by Altman & Altman

Traumatic brain injuries (TBIs) happen when a blow or jolt to the head disrupts normal brain functioning. In a single year, according to the Centers for Disease Control and Prevention (CDC), TBIs were diagnosed in nearly 2.9 million emergency department visits, hospitalizations, and deaths in the U.S. And how are most brain injuries sustained? After accidental falls, the second leading cause of TBI-related hospitalizations is motor vehicle crashes. In children and adolescents under the age of 18, in Massachusetts and around the country, car accidents are the leading cause of TBI-related death.

Severity of Brain Injuries Caused by Car Accidents

Brain injuries can range from mild concussions to fatal trauma. A driver may hit his head on the steering wheel, an unrestrained passenger may go through the windshield, or a bicyclist traveling on the streets of Boston may strike her head on the pavement after colliding with a car. A Department of Veterans Affairs (VA) and Department of Defense (DoD) classification system categorizes TBIs as mild, moderate, or severe based on the following criteria:

April 20, 2022

As Life Returns to Normal in Massachusetts, Car Accidents Increase

by Altman & Altman

As Life Returns to Normal in Massachusetts, Car Accidents Increase

The coronavirus pandemic affected life in ways large and small, and traffic was no exception. In the early days of COVID-19, Massachusetts traffic volumes plummeted, as did crashes. When society opened back up, traffic returned in full force. As MassDOT Highway Administrator Jonathan Gulliver said in 2021, “Traffic, for all intents and purposes, is back to about 2019 levels on most roadways in Massachusetts.”

More motor vehicles on the roads generally means more crashes. And that holds true for MA car accidents in virtually every category. The worst statistic? Over 400 people died in Massachusetts crashes in 2021– the highest number of fatalities in over a decade.

July 27, 2021

NTSB Says Drowsy Driving Accidents Continue To Rise In Massachusetts and Across U.S.

by Altman & Altman

Drowsy driving is an issue that impacts people across the county. In a study done by the National Highway Traffic and Safety Administration, there are at least 100,000 crashes due to this each year, contributing to thousands of accidents, injuries, and deaths. The term drowsy driving is used to describe when a driver operates their car when they are feeling tired or fatigued. A driver’s alertness is reduced, reaction time is slowed, and overall decision making can be compromised leading to potentially dangerous outcomes.

What is the impact of drowsy or fatigued driving?

Drowsy driving often mimics some of the same symptoms that occur for people who operate vehicles who are under the influence. When a driver is drowsy, their reaction times can be delayed, they may briefly fall asleep, and they may swerve into other lanes, medians or off the road. This can cause catastrophic injuries for the driver, their passengers, other drivers around them, and pedestrians. Knowing the signs of drowsy driving can help drivers make safe decisions for themselves and others on the road.

August 11, 2020

How is driver liability determined in a Massachusetts car accident?

by Altman & Altman

Car accidents are at the very least inconvenient and at the most can lead to serious injury or death. A huge question arises as to who will pay for the damage to both property and person. Massachusetts is a modified no-fault state. This means that individuals can be held responsible for car accidents if they are over 50% at fault.

What will my insurance pay?

Drivers in Massachusetts are required to have car insurance. Regardless of what actually occurred and whose fault the accident is, your insurance company will pay for your injuries up to your policy limit. This will apply to medical expenses and lost wages relating to the accident. You can, however, sue the at fault driver for non-monetary damages. These types of damages are things like pain and suffering. To sue for these in addition to recovering from your own insurance, your medical expenses must exceed $2,000, or your injuries must result in serious disfigurement or loss of bodily function. If one of these requirements is met, you can sue for non-economic damages.

June 12, 2019

How long do I have to file a car accident claim in Massachusetts?

by Altman & Altman

Filing a claim for personal injury damages following a car accident in Massachusetts is a somewhat complicated process compared to other states in the country. If you’ve been injured in a car accident where someone else was at fault, it is vital to contact a personal injury attorney from Altman & Altman LLP as soon as possible – and at a minimum, within three years of the incident – in order for your claim to go through the legal process necessary to decide if you will receive compensation.

The complexity of our state’s auto accident claims process is partially because Massachusetts is a “no-fault” state, meaning a driver who causes injuries through an accident must cover any injuries that other individuals sustained – whether another driver, their passengers or a third party such as a bicyclist – through their own personal injury policy, and a lawsuit cannot be filed for personal damages unless other certain criteria are met.

In the case of injuries where more than $2,000-worth of personal injuries are incurred, or where the damages from a car accident cause permanent or disfiguring injuries, such as serious scars or severely broken bones, the no-fault provision of law can be subverted and a personal injury claim may be filed to compensate the victim for their medical bills and damages incurred from pain and suffering or time missed from work.

June 10, 2019

Are Uber accidents covered by insurance?

by Altman & Altman

With the widespread rise of ride sharing services, the most popular being Uber, accidents occurring either while you are a passenger in an Uber or accidents that occur with Uber operators while you’re driving a separate vehicle are essentially a guarantee – it’s simply a matter of who gets involved and when. In either case, the legal framework of dealing with insurance may be more complex than traditional accidents, so having the advice from an expert personal attorney at Altman & Altman LLP is always a good idea.

Insurance implications as a passenger in an Uber

Driving as a passenger with Uber has several possible implications. While Uber has advertised its $1 million insurance policy as a means to make drivers comfortable with the idea that they are covered for any potential injuries that may occur if their Uber drivers get into an accident, this is not always the case.

There are different tiers, or categories, associated with Uber’s coverage of its drivers. If a driver is actively working as an Uber driver and is carrying a passenger at the time of an accident, the $1 million Uber policy is in play – however, this does not mean that Uber is compelled to pay out claims for that accident.

This is because Uber does not consider its drivers to be employees, but rather they are classified as independent contractors. As a result, if they feel as though the driver was at fault for the accident in any way, they may deny a claim against their insurance policy. The result, then, could be that the driver’s own personal insurance policy is left as the only recourse – which may be insufficient for the degree of injury you sustain. If this is the case, you have a right to sue Uber and make a claim to be compensated by their insurance provider.

Insurance implications if involved in an accident with an Uber driver

If you are a separate motorist and you get into an accident with an Uber driver, there are different implications based on the situation. First, if the Uber driver was not actively seeking rides, Uber’s insurance policy is not subject to the claims, rather the driver’s personal insurance policy is.

If the Uber driver is on the way to pick up a passenger when they get into an accident, the driver’s personal policy is once again the primary policy. However, Uber does have some liability coverage in these situations, up to $50,000 per injury with a maximum of $100,000 and up to $25,000 for property damage.

If you get into an accident with an Uber driver carrying a passenger, Uber’s $1 million insurance policy comes into play. However, as stated above, Uber can deny paying out a claim for a variety of reasons, including if the Uber driver was found to be at clear fault for the incident. In these cases, the driver’s personal insurance will be leaned on to pay out a claim.

If the Uber driver’s personal insurance policy is utilized to pay out a claim, this may also be problematic, since many insurance carriers prohibit policyholders from utilizing their vehicles as ride sharing vehicles. This may limit the amount you can collect in a claim, and leave you with no other choice but to sue Uber to try and gain financial compensation to pay for your medical expenses and damage to your property. Continue reading

December 12, 2018

Tesla Driver Found Drunk, and Asleep, Behind the Wheel of His “Model S”

by Altman & Altman

The defining feature of a Tesla is that it can be set to self-driving mode. When autopilot is engaged, a Tesla can drive without the help of the human driver behind the wheel. But this futuristic feature is intended to enhance the driving experience, not replace the driver.

Apparently, nobody relayed this pertinent piece of information to Alexander Samek, a California man who was found intoxicated, and asleep, behind the wheel of his Tesla Model S. Police struggled to pull over Samek’s car for at least seven minutes as the vehicle sped down the highway at 70 miles per hour. A Boston OUI defense attorney can help you determine how to proceed if you’ve been charged with OUI.

Is Tesla Fully Autonomous?

Although those in favor of autonomous vehicles claim that self-driving features will lead to a dramatic reduction in traffic injuries and deaths, incidents like the one above highlight a slew of potential problems. Tesla doesn’t market it’s vehicles as self-driving, likely to avoid lawsuits that would arise from situations like Samek’s. But what is unclear is how he was able to remain in autonomous mode for such a long time without disengaging the autopilot software. Teslas are equipped with stop-gap features intended to disengage autonomous mode if the driver touches the gas pedal, for example. Maybe Tesla is more autonomous than the company has led us to believe?

Drunk Driving on Autopilot?

Even though the vehicle was being operated on autopilot, not by Samek himself, the California man is still being charged with drunk driving.

At about 3:37 a.m. on the night of the incident, a police officer noticed a gray Tesla careening down Highway 101 near Redwood City, Palo Alto. The officer, who could see that the driver appeared to be sleeping, stopped traffic on the highway and pulled in front of the Tesla to slow it down to an eventual stop.

After multiple police vehicles pulled up to the car with lights flashing and sirens wailing, Samek woke up. He was given a field-sobriety test, which he promptly failed.

“It’s great that we have this technology; however, we need to remind people that … even though this technology is available, they need to make sure they know they are responsible for maintaining control of the vehicle,” said Art Montiel, a spokesman for the local police department. A MA OUI defense lawyer can help you protect your rights if you’ve been charged with OUI or any other criminal offense.

Are We Seeing a Trend?

This isn’t the first drunk driving incident involving a Tesla. In August, another California man was arrested for drunk driving after he crashed into a fire truck with his Tesla. And in a case similar to the one involving Samek, yet another California man was arrested on suspicion of drunk driving after he passed out in a Tesla as it drove across the San Francisco-Oakland Bay Bridge on autopilot. Continue reading

October 15, 2018

Involved in a Hit and Run Bicycle Accident? What Should You Do?

by Altman & Altman

The number of bicyclists in Massachusetts and across the country increases each year. As more cyclists take to the roads, more accidents occur, including those involving a hit and run. When one of the parties involved in an accident leaves the scene—without rendering assistance to injured parties, exchanging insurance information, or reporting the accident to police—this is known as a hit and run.

Approximately 700,000 hit and run accidents occur every year in the United States, and these numbers increase each year. That’s nearly 2,000 hit and run accidents per day. A large percentage of these accidents involve automobiles and bicyclists. Studies have shown that motor vehicle-bicycle accidents occur most frequently in urban environments, but can happen anywhere, especially after dark. A Boston bicycle accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

Motor vehicle and bicycle collisions can cause serious property damage, physical injury, and even death. These accidents sometimes result in the victim needing prolonged medical treatment, and missing work for an extended period. If the driver of the motor vehicle leaves the scene of the accident, the victim may be stuck without a way to receive compensation for medical bills, lost wages, damaged property, or pain and suffering.

Notably, wearing a bicycle helmet can decrease your risk of serious injury by almost 50%, and using a designated biking lane may decrease your risk of serious injury by almost 90%.

If You Are a Bystander

A hit and run bicycle accident can be a terrifying experience for everyone involved, whether you are the victim or a bystander. Staying calm is critical. If you are a bystander, the very first thing you should do is to assist the victim. Be sure the victim is in a safe place and call 911. Stay with the victim until medical assistance arrives. Later, once the victim is being cared for, describe everything you saw to the police. A MA bicycle accident attorney can help you recover damages if you’ve been injured due to another’s negligence.

If You Are a Victim

If you have been injured in a motor vehicle-bicycle collision, call 911 for help if you’re able to. If not, ask a bystander for assistance. Even if you are not seriously injured, stay on the scene of the accident until police arrive; ask any witnesses or bystanders to stay with you. As soon as you are in a safe place, record everything you remember about the circumstances of the accident. An accurate and detailed police report will assist the police in finding the at-fault driver. These details should include:

Vehicle make, model and color
License plate or partial license plate, including what state the license plate is from
Any distinguishing characteristics of the car, including graphics, dents or other damage
Description of driver or passenger, if known
The vehicle’s direction of travel
The circumstances that led to the accident
The names and contact information for every bystander or eye witness
Photographs and/or videos of the scene of the accident, especially any skid marks, your injuries, and damage to your bicycle or other property

Once you have received initial medical attention and reported all relevant details to the police, call your insurance company and file a claim. A lawyer with expertise in these types of accidents can help guide you through the insurance and legal process. Continue reading

July 6, 2018

Would You Know If You Suffered a Brain Injury After A Car Accident?

by Altman & Altman

As research continues to confirm the link between car accidents and traumatic brain injuries (TBIs), physicians are placing additional emphasis on the importance of monitoring for brain injuries following any high-impact accident. With car accidents being a leading cause of TBIs, it is wise to know the signs and symptoms of these serious, potentially life-threatening injuries if you’ve recently been involved in a car accident.

Traumatic brain injuries can range in severity from minor to severe, and symptoms may not develop for days, weeks, or even months after the injury occurs. In many cases, serious TBIs have long-term, and even permanent consequences, and are often progressive. The damage caused by a TBI can cause changes in behavior, movements, and even a person’s overall personality. In fact, certain TBI symptoms are often confused for emotional problems, such as depression or anxiety, and they may worsen over time.

Signs of TBI Following a Motor Vehicle Collision

If you have been injured in an auto accident, an experienced MA car accident lawyer can help you determine how to proceed. In the days, weeks, and months following a collision, it is imperative to look out for the signs and symptoms below. If you develop any of these problems, it is in your best interest to seek medical treatment without delay.

Loss of consciousness, even if only temporary
Memory problems
Headaches
Nausea
Vision problems—especially blurred vision
Light and sound sensitivity
Motor problems
Personality or behavioral changes
Depression
Disorientation or confusion
Sleep problems

Keep in mind that you may be suffering a TBI without experiencing any of these symptoms. Even if no symptoms are present, you should visit your doctor if you’ve experienced any kind of head trauma, or violent shaking.

Do You Have a Concussion?

Concussions are the most common type of mild TBI. A concussion can begin with a brief loss of consciousness—generally, only a few moments—or no loss of consciousness, and symptoms will usually appear within a few days of the injury. According to the Centers for Disease Control and Prevention (CDC), about 14.3 percent of all concussions are caused by motor vehicle crashes. As such, crashes are the third most common cause of concussions. A Boston car accident lawyer can help you recover damages if you’ve been injured due to another’s negligence.

Neuro-degeneration

According to the University of Pennsylvania’s Perelman School of Medicine, even a minor traumatic brain injury can initiate the neuro-degeneration associated with Alzheimer’s. This is true even when the injury occurs in young people. Neuro-degeneration is “the progressive loss of structure or function of neurons and is the cause of such diseases as Parkinson’s, Alzheimer’s and Huntington.” The researchers established a link between TBI and all three of these neuro-degenerative diseases. Continue reading