Car Accidents

March 16, 2011

State Senator Katherine Clark Calls for Clearer Drunk Driving Laws in Massachusetts

In an effort to make Massachusetts drunk driving laws easier to understand and apply, State Senator Katherine Clark has called for legislation that would make the laws more comprehensible. In Massachusetts, impaired driving laws have been amended 69 times and continue to become more confusing and repeated in many places. For example, when the legislation was changed in 2005 for repeat drunk driving, not only did it adopt the new name, “Melanie’s Law,” in memory of 13-year old Melanie Powell who was killed by a repeat drunk driver, but the change added eight new sections and seven new categories of amendments to the law that was already ambiguous. As a result, the law can be construed and interpreted in many different ways.

In an article written by State Senator Clark in today’s Boston Globe, Clark writes that: “…judges, prosecutors and defense counsel struggle to apply the law. Most experts agree that the content of the law is solid, but the language needs to be re-worked to ensure protections against drunk drivers.” She continues to say, “In an effort to reorganize the Commonwealth’s OUI laws, I have filed An Act to Protect the Citizens of the Commonwealth from Drunk Drivers.” She argues that this call to clarify the law will not change the substance, criminal sentences, or penalties, but will rather make it easier to understand and use in order to protect citizens from drunk drivers.

There are approximately 13,000 Massachusetts drivers who are convicted of drinking and driving each year. In 2008 alone, there were 363 traffic fatalities due to drunk driving in Massachusetts. State Senator Clark asserts that this legislation will improve the drunk driving law to “protect the citizens of the Commonwealth.”

If you have been injured in an accident, please feel free to contact one of our experienced lawyers for a free consultation.

Source:

Clark calls for clarifying drunk driving laws, The Boston Globe, March 16, 2011 Continue reading

March 11, 2011

State Trooper Hit Head-On in Framingham

by Altman & Altman

An investigation is underway to determine if the cause of a head-on crash with a Framingham state trooper is due to a car race. Just after 1 a.m. on March 9th, State Trooper Edward Treseler was hit head-on by Alejandro Ramos, 27, of Framingham, who had crossed over the double yellow line on Route 30 in Framingham. Treseler was taken to Framingham Union Hospital and has been released. Ramos, who was not wearing his seatbelt, was taken by helicopter to Massachusetts General Hospital with severe head injuries. Driving next to Ramos’ vehicle, in the other traffic lane, was Falcaneri P. Fuentes, 31, and his passenger, Yenci Pineda, 19, also both from Framingham. Fuentes and Pineda were not injured. Police report that both vehicles were going twice the speed limit, at least 70 mph in a clearly marked 35 mph area. Neither driver has been charged yet but they will be summoned for recklessly operating a vehicle, speeding, violating a marked lane, and driving without a license.

According to State Police, Treseler was at least the 11th trooper involved in a serious accident in the past 15 months that has been attributed to civilian reckless driving, speeding, or impaired driving. This year alone, three troopers have been involved in serious car accidents. Rick Brown, President of the State Police Association of Massachusetts, says that these crashes are due to fewer troopers on the road: “We’re down almost 500 troopers, so when drivers see us every 20 or 30 miles instead of every five or 10 miles, they tend to drive faster…We haven’t had a new class in almost five years…It’s a public safety issue, and it’s something that will also protect us more.” According to David Procopio, from the Executive Office of Public Safety and Security, the last class of troopers graduated in 2006, at which point there were 2,600 troopers and now there are less than 2,100.

If you have been involved in a car accident and would like a free consultation, please do not hesitate to contact one of our experienced car accident lawyers.

Source:

Trooper OK after cruiser is hit head-on, Boston Globe, March 10, 2011 Continue reading

March 9, 2011

Rear-End Accident Turns Fatal in Lynnfield

by Altman & Altman

In Lynnfield, Massachusetts, a fender-bender turned into a fatal accident. After a taxi rear-ended a Chevrolet Cobalt, both of the drivers pulled over and exited their vehicles to inspect the damage. William Halpin III, 25, from Melrose, who was under the influence of drugs in a passing vehicle, hit both the taxi driver and the parked Cobalt. The taxi driver, from Lynn, died after he was taken to the hospital. Police arrested Halpin for vehicular homicide and for driving under the influence. The other injured victim was a six-year-old boy who was sitting in the Cobalt when it was struck by Halpin.

When pulled over on the side of the road, it is very important to assess the situation of passing vehicles. Although the driver in this case was under the influence, one must always look carefully for oncoming traffic. Remember to turn on your hazard lights and carry the necessary roadside accident supplies in your trunk, such as a reflective hazard indicator to put on the street and a reflective florescent vest.

In the event of a collision, Sheila Varnado, of the Driving School Association of the
Americas, suggests the following:

• Make sure that you are out of harm’s way. Once you are outside of your vehicle, you are at risk of being hit by oncoming traffic.
• If you are disoriented or injured, stay in the car.
• First check yourself for injuries, then check others.
• Only provide medical assistance that you are capable of and trained in. Vernado says: “Anytime you’re involved in a collision, only render aid within your ability.”
• Call 911. You are required to call the police or highway patrol if anyone is injured. Dial 911, or program the highway-patrol number into your cell-phone.
• Write down the other driver’s name, address, date of birth, phone number, car make and model, and license plate number. Varnado says, “Get the full information of all drivers, passengers, and witnesses…This includes driver’s license numbers, vehicle registration and proof of insurance with policy number.”
• For legal and insurance purposes, take pictures using a cell-phone or disposable camera. That way, Varnado says, you can “see how the intersection looked, the weather conditions, icy roads, exactly how much damage was done to the cars, the position of the vehicles, where the vehicles ended up, and the severity of the collision for example.”
• Inform your insurance company.

If you have been injured in an accident and would like a free consultation, feel free to contact one of our attorneys who have over 25 years of experience representing car accident victims.

Sources:

Car accident in Lynnfield, Mass. claims one life, NECN, March 5, 2011
What to do if you get into an accident, The Boston Globe Continue reading

March 4, 2011

Massachusetts Man Injured With Head and Face Trauma after Struck by Ice From Passing Truck

by Altman & Altman

A Massachusetts man suffered critical head and face trauma after chunks of ice fell off of a passing truck trailer on Route 31 in New Hampshire. Stanley Raczelowski, of Westford, Massachusetts, was driving northbound when the ice fell from a truck heading southbound near the town of Mason, New Hampshire. There are no witnesses of this single-car accident. Although it is possible that the driver was unaware of ice falling off of his or her vehicle, the driver, owner, or company of the truck, have not yet been found or identified.

Police reported that Raczelowski was first taken to Monadnock Regional Hospital and then transferred to a Worcester, Massachusetts, hospital for more treatment.

In New Hampshire, drivers who do not clear ice off of their vehicle can be charged with $250 to $500 and negligent driving. Known as “Jessica’s Law”, this legislation was passed after Jessica Smith was killed in 1999 in an accident in which the driver of a state truck lost control and crashed into her vehicle after he was struck by a 9-foot piece of ice that flew off of a passing trailer truck.

In Massachusetts, State Representative Cleon Turner is currently pushing for this same type of law. Turner argues “I’m…concerned about having legislation there or a statute there eventually that will give police the tools they need to stop a vehicle and say, ‘Look. You need to clean the snow off your vehicle because it’s dangerous.'” He said that the amount of the fine is negotiable but the concept that drivers should completely clear the snow off of their cars should be mandatory for the safety of other drivers.

If you have been involved in a car accident and would like a free consultation, please do not hesitate to contact one of our experienced lawyers.

Sources:

Flying ice causes Greenville accident, The Telegraph and NashuaTelegraph.com, March 4, 2011

Lawmaker proposes fine for not clearing snow off cars, 7-News whdh.com, February 4, 2011 Continue reading

March 2, 2011

Revere Accident Caused By Drunk Driver

by Altman & Altman

A two-car crash in Revere yesterday is under investigation. The driver of a Volkswagen was taken to Massachusetts General Hospital after he was hit by a drunk driver in a Lincoln. Both the driver and passenger of the Lincoln were reported to be drunk but only one of them was arrested as the other fled the scene. The extent of the injured man’s condition is unknown but the jaws of life were needed to extricate him from his vehicle.

Drinking and driving, as well as fleeing the scene of an accident, is illegal and can result in arrest, fines and/or imprisonment. Although it is sometimes impossible to prevent an accident from happening, especially when a drunk driver is involved, it is important to take caution and be a defensive driver. In order to protect yourself from drunk drivers on the road, here are a few tips to keep in mind:

• Always wear your seatbelt and make sure your passengers do the same.

• Be an alert driver and try to stay away from other drivers who appear to be intoxicated or distracted and/or are swerving.

• Stop driving if you are tired or weary. This not only causes you to be a potentially unsafe driver, but you also might not notice drunk drivers around you.

• Make sure your car’s safety features have recently been inspected and are fully functioning.

• Be aware of what time you are driving. In 2004, 39.6% of drunk driving accidents happened between 10pm and 2am, and 37.5% of drunk driving accidents happened on Friday or Saturday nights.

Our lawyers have over 25 years of experience representing car accident victims throughout Massachusetts. Please do not hesitate to contact us if you have a question on a case or would like a free consultation.

Sources:

Drunk driving likely cause of 2-car crash in Revere, 7-News whdh.com, March 1, 2011
How to Protect Yourself from Drunk Drivers, DrunkDriving.com Continue reading

February 28, 2011

Victims of Fatal Crash Not Wearing Seatbelts

by Altman & Altman

Massachusetts State Police are investigating a fatal accident in which Karla Nieves-Vazquez, 23, and Jesus Nieves, 17, both of Springfield, were killed on Interstate-91. Police believe that neither Nieves-Vasquez or Nieves were wearing seatbelts. In this single-car crash, it is reported that Nieves-Vasquez lost control of her 2002 Dodge Stratus. The car turned over multiple times and then landed in the ditch of the median. The car’s other two occupants, Jesus A. Ferreira, 20, and Martin A. Nieves, 18, also of Springfield, were taken to Baystate Medical Center for medical attention.

The National Highway Traffic Safety Administration (NHTSA) reports that seatbelts save over 13,000 lives per year. In 2006, over 60% of victims of fatal car crashes between the ages of 16-24 were not wearing seatbelts. These lives could have been saved if they were wearing seatbelts. The NHTSA provides the following life-saving reminders on the importance of seatbelt safety:

• Wearing your seatbelt is the best thing you can do to protect yourself in an accident • Airbags are not designed to replace seatbelts • Buckle-up correctly; the lap belt and shoulder belt should be secure across the pelvis and rib cage, which can endure crash forces better than other parts of your body • Make sure your seatbelt fits; you can obtain belt extenders or a new shoulder belt from your car dealer or manufacturer • Age or condition is not an excuse; everyone should wear a seatbelt. There are effective ways for pregnant women, obese, and eldery, to safely buckle-up. Visit A Parent’s Guide to Child Safety on
how to safely buckle-up your child.

Our experienced lawyers have over 25 years of knowledge representing car accident victims throughout Massachusetts. Please do not hesitate to contact us if you have a question on a case or would like a free consultation.

Sources:

I-91 crash victims identified, WWLP-22News, February 25, 2011
The top 5 things you should know about buckling up, National Highway Traffic Safety Administration Continue reading

February 24, 2011

Fatal Three-Car Pile-Up in Peabody

by Altman & Altman

At 6:44 a.m. on Wednesday morning, a three-car accident on Route 128 resulted in the death of Wallace Arnott, a 56-year-old man from Haverhill. Dr. Joshua Namias, who was on his way to Salem Hospital for work, pulled over and provided assistance alongside an unidentified nurse, who had also pulled over to help. They were able to provide CPR for Arnott until paramedics arrived.

Arnott was first taken to Salem Hospital, and then transferred to Massachusetts General Hospital where he was pronounced dead in the early afternoon. Arnott was driving a 2005 Chevrolet Aveo, which is a small car. The other two vehicles involved were a 1996 Jeep Cherokee and a 2002 Chevrolet Venture minivan. Kenneth Weeden of Peabody, was the driver of the Jeep and was taken to Salem Hospital for serious injuries. The driver of the minivan, Rita Tavarez, was not injured. Although the crash is under investigation, state police have confirmed that the accident was a series of rear-end accidents.

State police, the Peabody Fire Department, and the Massachusetts Highway Division, all responded to the scene of the accident.

Reported shortly after this crash in the northbound lanes, an accident in the parallel southbound lanes occurred. There were no serious injuries reported in the second crash and both lanes were cleared by 10:30 a.m.

Our lawyers have over 25 years of experience representing clients throughout Massachusetts who have been involved in car accidents. Please feel free to contact us if you have a question in regards to a case and would like a free consultation.

Source:

Man killed, 1 injured in crash on Route 128 Gloucester Times, February 23, 2011 Continue reading

February 22, 2011

Alcohol Detection System Being Developed to Promote Safe Driving

by Altman & Altman

QinetiQ North America, a research and development company based in Waltham, is developing a system that can sense a driver’s blood alcohol level and prevent the car from moving if the driver’s alcohol content is at or above the .08 legal limit. The system, the Driver Alcohol Detection Systems for Safety, will use sensors on the steering wheel and door locks to determine the driver’s blood alcohol level via skin contact.

David Strickland, the director of the National Highway Traffic Safety Administration (NHTSA), said that the technology could prevent as many as 9,000 fatal alcohol-related crashes a year in the United States. In 2008 alone, 42% of Massachusetts driving fatalities were the result of drinking and driving. Alcohol-related accidents continue to plague the state.

U.S. Transportation Secretary Ray LaHood recently visited the Waltham facility for a public demonstration of the system, during which the system was tested and displayed. Strickland, who was also at the demonstration, said that although the device is in the early stages of development and that it will not be available for another few years, he emphasized that it will not be released until it is “seamless, unobtrusive and unfailingly accurate.” LaHood said that the alcohol detection system is “another arrow in our automotive safety quiver,” as it is envisioned to deter drinking and driving for the future.

Our experienced lawyers represent clients throughout Massachusetts who have been in alcohol-related accidents. If you have a question in regards to a case and would like a free consultation, please feel free to contact us.

Source:

In Future, Cars Might Decide If Driver Is Drunk,National Public Radio, The Associated Press, January 29, 2011 Continue reading

February 18, 2011

90-Day Review of Massachusetts Distracted Driving Law

by Altman & Altman

Here in Massachusetts, the Distracted Driving Law took effect on September 30, 2010, which fines motorists $100 for using cell phones to call, text, or engage in internet searches while driving in an effort to reduce the risk of Massachusetts car accidents and fatalities caused by distracted driving. In a recent 90-day study of the law, police cited only 245 people for texting while driving, which for lawmakers is surprisingly low. This is likely due to the difficulty of enforcing the law and the fact that people can still appear to be an attentive driver while using a cell phone by hiding the phone.

Director of Mechanical and Industrial Engineering at the University of Massachusetts Amherst, Dr. Don Fisher, has created a driving simulation lab that tracks the driver’s eye movements while texting. Fischer says, “The risk while you’re texting is 23 times higher than while you’re not texting…when you’re texting you’re spending especially long periods of time with your eyes away from the forward roadway – much longer than the two seconds that’s barely safe.”

The National Highway Traffic Safety Administration reports the facts on distracted driving:
•20% of injury crashes in 2009 involved reports of distracted driving.
•Using a hands-free or hand-held cell phone while driving delays a driver’s reactions
as much as having a blood alcohol concentration at the legal limit of .08 percent.
•16% of all drivers under than 20 years of age who were involved in fatal crashes were
reported to have been distracted while driving.
•Distracted driving is reported to have claimed the lives of 5,474 people and injured
an additional 448,000 in the United States in 2009 alone.

Our experienced lawyers represent clients throughout Massachusetts who have suffered injuries or the death of a loved one because of such distracted driving accidents. If you have a question in regards to a case and would like a free consultation, please do not hesitate to contact us.

Sources:

245 texting-while-driving tickets in Mass., UPI.com, January 6, 2011
Maine Summit Takes Aim at Texting While Driving, Maine Public Broadcasting Network, February 16, 2011

Statistics and Facts About Distracted Driving, National Highway Traffic Safety Administration Continue reading

February 14, 2011

Northborough Woman Dies in I-95 Accident

by Altman & Altman

Claudette J. Kumor, 57, of Northborough was ejected from her car after being rear-ended on I-95 in Attleboro early on Saturday morning. Kumor lost control of her 2004 Ford Explorer when hit from behind by Samantha Lee Fletcher, 19, of Danvers, in the slow lane of traffic. The SUV is reported to have flipped over many times and Kumor was ejected from the vehicle. Authorities have confirmed that Kumor was not wearing a seatbelt and was confirmed dead when the emergency crew arrived. Her passenger, Carolyn P. Bibbo, 34, of Woonsocket, R.I., was trapped inside the wreckage and then taken to Rhode Island Hospital in Providence, R.I., for serious injuries. Fletcher was not injured in the accident.

The accident is under investigation and police are considering Fletcher’s speed as the cause of the accident. No charges have been made.

Our attorneys have been representing personal injury and accident victims for over 40 years. Feel free to contact us to speak to one of our experienced attorneys for a free consultation.

Sources:

Northborough woman killed in crash on I-95 in Attleborough this morning, The Boston Globe, February 12, 2011
Northborough woman killed in crash on I-95 in Attleboro, The Milford Daily News, February 12, 2011 Continue reading