Car Accidents

September 25, 2017

Lyft/Uber crash claims in Boston

Ride sharing apps like Lyft and Uber have taken cities by storm. Being able to herald a ride from anywhere at any time is not only incredibly convenient (not having to rely solely on the T is certainly a positive), it also makes the streets safer as fewer people are inclined to engage in inebriated driving when such a service is available. But what happens if your driver crashes and injures you? In such a case, our experienced Boston personal injury attorneys are here to help.

Drivers who sign up to be a part of Uber or Lyft must undergo checks for safe driving and background checks to ensure that they don’t have a history of criminal activity. For Uber, potential drivers must fork over a whole host of information, including their full name, date of birth, social security number, driver’s license number, a copy of their driver’s license, vehicle registration, insurance policy information and proof of a valid, completed vehicle inspection. Drivers must also have reliable cars that do not pose a safety risk to passengers.

However just because these checks are implemented prior to the drivers earning employment with the companies, this does not ensure that they will be properly checked for continued safety standards throughout the length of their employment. Perhaps their car has experienced a recent mechanical issue that makes the car unsafe, but the driver does not disclose this fact to Uber of Lyft for fear of being let go.

September 18, 2017

Pedestrian Accidents in Massachusetts

by Altman & Altman

Traffic-related accidents involving pedestrians are shockingly common. According to the National Highway Traffic Safety Administration, pedestrians accounted for about 13 percent of total traffic-related fatalities in 2010, and more than 70,000 pedestrians were injured that year. These are nationwide figures, but MA is no exception. Read on for more information about pedestrian accidents, and what to do if you are injured by a negligent driver while walking.

Most traffic-related pedestrian accidents are the result of drivers or pedestrians who are simply not paying attention. As little ones rarely pay attention to their immediate surroundings, it’s not surprising that children under 15 account for more than one-third of annual pedestrian injuries.

In MA, pedestrians have the right of way when using a crosswalk, or crossing at an intersection with a green light or walk signal. If such signals are not present – or if they are malfunctioning – it is up to the driver to yield to any pedestrian using a crosswalk. If the driver fails to do so, and the pedestrian is injured, the driver may be liable for any resulting damages. A Boston personal injury lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

What do Do if You’re Injured as a Pedestrian

Immediately after a traffic-related accident in which you are injured as a pedestrian, following the steps below will help to protect you now, and in the future:

Call police immediately if no one has already done so. If medical assistance is required, police can call for help. They will also file an accident report, which will be invaluable if you choose to file a personal injury claim in the future.
Photograph the scene, including injuries and property damage. If your lap top was smashed, and you have a cut on your leg, use your cell phone to take pictures. You should also photograph anything that may have contributed to the accident, such as a blocked stop sign or patch of ice on the road.
Ask any witnesses for their names, addresses, email addresses, and phone numbers. Do this as soon as possible. Unless injuries are severe, witnesses don’t often stick around for too long.
Exchange information with the driver, and anyone else involved.
Once you get to a safe place, record details about the accident, including the date and time, weather conditions, and possible causes. For example, if you saw the driver texting just before you were struck, write this down. Memories fade quickly. Preserving your memories in writing will help immensely if you decide to file an injury claim.
Contact an experienced MA pedestrian accident lawyer You should consult with an attorney before speaking to the insurance companies. It is the insurance investigator’s job to figure out how not to pay for your damages. Anything you say can be used against you at a later date. An attorney can help you navigate this process effectively so that you can get the compensation you deserve in a timely manner.

August 14, 2017

Accident With an uninsured Driver? Here’s What You Need to Know.

by Altman & Altman

In MA, as in most states, it’s against the law to drive without insurance. Unfortunately, not everyone heeds this law. In fact, nearly 13 percent of all drivers on American roadways are uninsured; that’s about one in eight drivers. If you are involved in an auto accident and the other driver is uninsured or underinsured, what should you do? If you’re not at fault for the accident, the other driver’s insurance should pay for your damages. But if the other driver doesn’t have insurance, who will pay for any resulting medical expenses or vehicle repairs?

The good news is, you can add uninsured and underinsured motorist coverage (UIM) to your existing policy. The bad news is, you can’t add this coverage after an accident with a UIM driver. You have to be proactive. So, what if you’re learning about UIM coverage after it’s too late? A MA auto accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

What to Do Following an Accident with an Uninsured Driver

The steps you should take following an accident with a UIM driver are virtually the same as with any motor vehicle accident.

Make sure everyone is safe.
Once you’ve determined that nobody needs immediate medical attention, get the other driver’s information. This includes name, contact information, and driver’s license number. Ask for the other driver’s insurance information.
Call the police. In addition to providing assistance, police will file a detailed report of the accident. This can be of immense benefit if you decide to file a personal injury lawsuit.
Contact your insurance company. Tell them you were just involved in an accident with an uninsured driver.
Immediately following the accident, seek medical attention. Injuries can take days or even weeks to appear.

This is where things get a bit more complicated…

Following most auto accidents, medical expenses and vehicle repairs are at least partially paid for by the at-fault driver’s insurance. If the at-fault driver is uninsured or underinsured, however, you will need to rely on your UIM coverage…if you have it.

If you have UIM coverage: After you’ve confirmed that the other driver is uninsured, start a UIM claim with your insurance company. If the other driver is under-insured, you should only make a claim for the amount of damages that are over and above the other driver’s policy limits. In such a case, you will need to settle with the other driver’s carrier first. Then you can file with your carrier for any excess amount. Further, your UIM coverage cannot exceed that of your primary coverage. The process of filing a UIM claim is typically longer than for more straightforward claims. A Boston auto accident lawyer can help you recover damages if you’ve been injured by another’s negligence.
If you don’t have UIM coverage: If you are involved in an accident with an uninsured or underinsured motorist and you don’t have UIM coverage, you have the option of suing the other driver. Unfortunately, uninsured and underinsured motorists often – but not always – lack adequate coverage because they lack adequate funds. In layman’s terms, they are broke. And suing someone with little to no assets or money is unlikely to result in significant compensation to cover any damages and injuries. But if this is your only mode of recovery, the court may be able to set up a payment plan. Although this won’t provide immediate relief, it may allow you to gradually pay off outstanding medical expenses and vehicle repair costs.

August 7, 2017

The Dangers of Teen Drivers During Summertime

by Altman & Altman

We are in the midst of what the AAA Foundation for Traffic Safety calls “the 100 deadliest days of summer,” during which teen driving fatalities rise every year. In fact, according to AAA, “new teen drivers are three times more likely to be involved in a deadly crash.” Fatal teen accidents are a growing problem, but there are steps we can take to protect our children from becoming a statistic. Read on for more information about how to avoid serious injury or death in a motor vehicle accident this summer.

Why Summer?

First, it’s important to understand why teen driving fatalities increase in summer months. There are numerous factors, including:

Teens are not in school.
Teens are on the road more in summer than during the school year.
Teens have significantly less driving experience than their adult counterparts.

So what should parents do?

Be a Role Model for Your Teen Driver

Parents are the number one role model for teen drivers. Spend as much time as possible driving with your children to ensure that they have ample time to get acclimated to different driving conditions and situations. It’s also crucial to model good driving behaviors for your children. That means no speeding or texting while driving, and always wearing your safety belt. And talk to your kids about dangers, especially distracted and aggressive driving. A MA auto accident attorney can help you determine how to proceed if you’ve been harmed due to a distracted or aggressive driver.

Teen Driving Dangers – Statistics

The following statistics are provided by the AAA Foundation:

When teens are driving with one other teen passenger, their risk of a fatal accident increases by 44 percent.
When three or more teen passengers are in the car, the risk of a fatal accident quadruples.
When an adult passenger age 35 or older is present, the risk of a fatal accident decreases by 62 percent.
About 70 percent of teens admit that they they’ve used a cell phone while driving in the past month.
More than 50 percent of teens admit to texting while driving in the past month.
Approximately 80 percent of teens underestimate the dangers of their own distracted driving habits.
About 94 percent of teens admit to keeping their cell phones turned on while driving.

A Boston motor vehicle accident attorney can help you recover damages if you’ve been injured due to another’s negligence.

How to Prevent Teen Driving Fatalities in Summer, and All the Time

The death of a child is every parent’s worst nightmare. Considering that motor vehicle accidents are the leading cause of death for young people, it’s essential to educate teens on safe driving behaviors. The following tips can help you protect your teen this summer, and all the time.

Tell teens to never text or talk on their cell phone while driving. Teach them to put their phone in the glove box while driving, and pull over to a safe location if they need to send a text or make a call.
Speeding is always dangerous, but it’s especially risky for inexperienced teen drivers. Teach your kids to always follow the posted speed limit.
If possible, new teen drivers should avoid driving at night or in inclement weather until they have more experience. Evening hours and weekends are the worst time for teen accidents, year round.
Remind teens that summer is the deadliest month for teen auto accidents. They may roll their eyes at your constant reminders, but they will

July 24, 2017

What to Do After a Motor Vehicle Accident in Massachusetts

by Altman & Altman

Motor vehicle accidents can be traumatizing, even minor ones. When you’re in such an emotional state, it can be difficult to think clearly. But the moments following an auto accident are crucial to the outcome of your case if you choose to file a personal injury claim. Read on for more information about what to do immediately following a car accident.

Remain at the scene: This is important for many reasons. For starters, if someone else was injured or property was damaged, you could face criminal charges as a hit-and-run driver. Secondly, never assume that you weren’t injured or that no damage occurred to your vehicle. Injuries and damages can appear hours, days, or even weeks after an accident. If you didn’t stick around to get the other driver’s information, you’ll be out of luck when it comes to recovering damages.

Make sure that passengers and other drivers are safe: Don’t proceed to the next steps until you are certain that everyone involved in the accident is safe. If anyone needs medical attention, call for help immediately. If someone is unconscious, or complaining of severe pain in the back or neck, avoid moving them until professionals arrive. If you are injured and conscious, ask someone to call for help.

Contact the police: Once you’ve determined that everyone is okay, it’s time to call the police. If there is property damage or injuries, this is of the utmost importance. If no injuries or property damage are apparent, go to the next step.

Exchange information with the other driver and any witnesses: It may be unnecessary to call the police if no damages or injuries exist, but it’s never a good idea to avoid exchanging information. Ask the other driver for his or her name, phone number, address, license plate number, and driver’s license number. Also get the names and numbers of any passengers and witnesses. Be polite, friendly, and cooperative. And willingly provide your information in exchange.

Don’t apologize or talk too much: Anything you say can be used against you. Don’t apologize, even if you think the accident was your fault. Simply ask if everyone is okay and offer to get help if needed. Certainly don’t admit liability. A MA injury lawyer can help you determine how to proceed if you’ve been injured in an auto accident.

Contact your insurance company: Immediately following the accident and exchange of information, inform your insurance carrier that you’ve been involved in an accident. Give straightforward, clear facts, and avoid lying as this could amount to big trouble down the road.

Photograph the accident: With today’s smart phones, we always have a camera on hand. Take as many pictures as possible. Photograph the accident scene, damage to your vehicle, any other property damage, and anything that may have contributed to the accident, such as a blocked stop sign. Also photograph your injuries. A dark blue bruise today may be completely faded by tomorrow. A Boston injury lawyer can help you recover damages if you’ve been injured in a motor vehicle accident.

Keep records of any medical treatment and automotive work following the accident: Make a note of any appointments with physicians, chiropractors, and physical therapists, as well as a detailed account of any medications you are prescribed. In addition to your own notes, obtain copies of medical bills. These are invaluable if you decide to bring a personal injury lawsuit. In addition, make a note of how your injuries have negatively affected your life, from lost work time to activities you can no longer participate in.

July 5, 2017

Dangerous Driving Habits of Millennials

by Altman & Altman

In many ways, millennials have had an uphill battle; they inherited a struggling economy, lackluster job market, and even a reputation for being lazy and selfish. Stereotypes of millennials living in their parents’ basement, taking selfies and binge watching Netflix all day are just that – stereotypes. But there may be some merit to the claims that millennials are not the best drivers. In fact, a new AAA Foundation study says that young millennials are among the worst drivers on the road.

It’s no surprise that novice teen drivers have a greater risk of being involved in an auto accident than their older, more experienced counterparts. In addition to lack of experience, teens are more inclined to practice dangerous driving behaviors, such as distraction, speeding, and reckless driving. However, teens are not the biggest concern. In fact, young millennials – people between the ages of 19 and 24 – are the drivers with the most dangerous behaviors.

The AAA study reports that ““88% of young millennials engaged in at least one risky behavior behind the wheel in the past 30 days, earning the top spot of worst behaved U.S. drivers.” A MA auto accident lawyer can help you determine how to move forward if you’ve been harmed by another driver’s negligence.

What Dangerous Driving Behaviors Do Millennials Engage in the Most?

Any behavior that takes your focus from the road or limits your ability to safely control your vehicle can be deadly. The AAA study linked the following behaviors to young millennial drivers:

Driving and texting
Speeding
Running red lights

In 2015, traffic fatalities increased by approximately seven percent, making it “the largest single-year increase in five decades.” So why such a rise in roadway deaths? Careless driving may be the culprit.

Young People Underestimate Dangers

According to the AAA Foundation’s executive director Dr. David Yang, many people in this age group simply don’t understand the severity of their driving behaviors. “Alarmingly, some of the drivers ages 19-24 believe that their dangerous driving behavior is acceptable,” said Yang. “It is critical that these drivers understand the potentially deadly consequences of engaging in these types of behaviors and that they change their behavior and attitudes in order to reverse the growing number of fatalities on U.S. roads.”

Young Millennials – Dangerous Driving Statistics

Studies continue to prove that careless driving is a problem with young millennials. But what constitutes “careless driving”? See below for a few examples.

This age group:

Reads text messages six times more frequently than other age groups.
Is nearly twice as likely to send a text while driving.
Is four times as likely to speed.

And about 14 percent of young millennials think it is acceptable to run a red light just as it’s about to turn red, even if it’s still possible to come to a complete stop. A Boston motor vehicle accident lawyer can help you determine how to recover damages if you’ve been injured in an auto accident. Continue reading

June 28, 2017

The Importance of Uninsured and Underinsured Auto Insurance

by Altman & Altman

Motor vehicle insurance is intended to protect you from financial losses if you are involved in an accident. These losses can result from property damage to your vehicle, other vehicles, other property, and from personal injuries suffered by anyone involved in the accident. In addition to being important, auto insurance is required by law. But what if you are injured in a car accident and the at-fault person doesn’t have insurance? Will your policy cover your medical bills and damage to your car? What if the at-fault person just doesn’t have enough insurance to cover all of your damages? Read on for more information about uninsured and underinsured coverage, and why it’s so important.

Uninsured and underinsured motorist coverage (UM and UIM, respectively) is optional or “add-on” coverage that supplements a basic insurance policy. Don’t let the fact that UM and UIM are optional convince you that they’re unnecessary. If you are injured by a driver who doesn’t carry auto insurance, or whose coverage is inadequate, you may find yourself in serious financial trouble, unless you have UM and UIM coverage. A Boston auto accident attorney can help you determine how to proceed if you’ve been involved in an accident with an uninsured motorist.

Can’t I Just Sue the At-Fault Driver?

Yes, in theory you can sue anyone you want to, but statistics show that the majority of uninsured and underinsured motorists are driving without coverage because they can’t afford it. If they can’t afford $30-a-month for basic auto insurance, how much do you think you’ll get from them in a personal injury lawsuit? That’s not to say that a lawsuit is pointless, but having UM and UIM coverage can protect you against a financial crisis if the at-fault driver is destitute.

Uninsured Driver Statistics

If you are involved in an accident with an uninsured or underinsured driver, or you are injured in a hit-and-run, UM and UIM can save the day. According to the Insurance Research Council, approximately one out of every seven U.S. drivers is uninsured. Further, 12.5 percent of accidents are caused by uninsured drivers, and $28,000,000,000 worth of auto damage is unpaid annually due to uninsured drivers. And there are even more drivers with inadequate insurance policies (UIM). Take the following scenario for example:

Mr. A is involved in an accident with Mr. B; it is Mr. B’s fault. Mr. A is rushed to the hospital, and weeks later the total damages (medical expenses and property damage) have amounted to just over $22,000. Unfortunately, while Mr. B’s insurance policy has bodily injury coverage, it caps at $10,000. If Mr. A has UIM in the amount of $100,000, his policy will kick in to pay the remaining $12,000 that Mr. B’s policy didn’t cover. If, however, Mr. A doesn’t carry UIM, he’ll be on the hook for that $12,000 himself. A MA car accident lawyer can help you recover damages if you’ve been injured by an underinsured driver. Continue reading

June 22, 2017

Summer Roadway Dangers

by Altman & Altman

Summer is the most popular season for day trips, road trips, and trips to the lake or beach. Although the more obvious hazards of winter, such as snow and ice, have vanished for the foreseeable future, summer driving carries its own set of risks. In fact, according to the National Highway Traffic Safety Administration (NHTSA), July and August are the two deadliest months for car accidents. What makes summer driving so dangerous, and how can you avoid becoming a statistic?

Common Hazards

There are multiple factors that increase the risk of driving in summer, but the main issue is the significant uptick in traffic. More people on the road equals more opportunities for accidents. Summer driving hazards include:

Novice drivers: Suddenly, millions of teens who were previously in school Monday through Friday are now on the open road, with little to do but celebrate. In addition to their lack of experience, young drivers often have a sense of invincibility and adventure that can result in dangerous driving behaviors, such as speeding. You can reduce this risk by traveling at off-peak hours, always driving defensively, and teaching your teen child about the risks of speeding, and reckless or distracted driving.

Heavy traffic: As stated above, there are more people on the road in summer than during any other season. In addition to school vacation and trips to the beach, there are also festivals, fairs and concerts just about every night of the week. Traffic can be especially heavy in tourist areas and around cities. Use caution; always leave ample space between your car and the car in front of you, drive defensively, and never allow yourself to be distracted when driving on a congested roadway. A Boston auto accident attorney can help you determine how to proceed if you’ve been injured in a car accident.

Construction: Summer is construction season. The sight of orange traffic cones is a good indicator that warmer weather is on the horizon. Construction zones are inherently dangerous. Lane changes can be confusing, and not everyone slows down to the required speed. And to make things even more harrowing, men and women working in the construction zone may be difficult to see. When approaching a construction zone, reduce your speed immediately, and avoid any type of distraction; don’t even adjust the air conditioning.

Cyclists and motorcycles: Cycling and riding are synonymous with summer. These environmentally-sound and economical modes of transportation are a good thing, but it may be difficult to see riders and cyclists due to their small size. Before switching lanes, always double check for motorcycles and cyclists in your blind spots. A MA motor vehicle accident lawyer can help you recover damages if you’ve been injured in an accident involving a motorcycle.

Heavy rain: Heavy storms, and even light rain, can make roadways dangerous. Hydroplaning occurs when tires lose traction with the road. Anyone who has ever hydroplaned knows how scary it can be; you temporarily lose control of the vehicle, much like on icy roads. To avoid hydroplaning, reduce speeds during rainfall, avoid driving during heavy rains if possible, and make sure your tires have adequate traction.

Blowouts: Hot roads and hot air during summer months can cause the air inside of tires to expand. If a tire is excessively worn, air expansion can result in a tire blowout. Blowouts, especially at high speeds, can be disastrous. To prevent this type of accident, you should replace your tires at least once every five years, and check them regularly for proper traction and inflation.

June 13, 2017

Memorial Day Weekend Starts the 100 Deadliest Days of the Year for Teen Drivers

by Altman & Altman

The start of summer can be an exciting time for everyone: warmer weather, the end of the school year, vacations, etc. But it also signals the beginning of a more disheartening season. According to research conducted by AAA, the 100 days after Memorial Day (until most school years begin again) are the “deadliest” for teen drivers. One sobering estimate, based on five years of research, is that approximately 1,000 people nationwide will die in automobile crashes involving teenage drivers (between the age of 16 and 19).

Much of this has been attributed to the increased number of teenage drivers on the road – when they are out of school, they are more likely to be driving around – however, this is also compounded by several other factors. For example, distracted driving is an issue for drivers of all ages, but especially for teenagers who are notorious for being “connected” at all times. It is estimated that distracted driving – including both talking and texting on cell phones – is behind almost 60% of crashes that occur over the summer. According to a study done by the University of Iowa which analyzed the final six seconds before a crash (by looking at over 2,000 dash-camera videos of moderate to severe crashes from August 2007 to April 2015) “15% involved talking to others in the car, 12% involved a cell phone (talking, texting, or otherwise operating), and 11% involved looking at or attending to something inside the car.” Additionally, according to Virginia Tech, using a cell phone or other device while driving, makes a crash more than 23 times more likely.

In order to work towards lessening these statistics of close to 10 teen driver-related deaths per day over the summer, it is important to take several different steps as parents, friends, and fellow drivers. If you are the parent of a teen driver, whether or not they recently acquired their license, it is crucial to both be aware of the increased danger of driving over the summer, as well as to communicate and discuss this with your child. Make sure that they understand how texting while driving (or even using their phone in another way) can dramatically increase the risk of crashing – and injuring themselves or others, or even causing a fatality.

May 30, 2017

Look for Delayed Symptoms Following a Car Accident

by Altman & Altman

More than two million people are injured or become disabled in car accidents annually in the United States. In many of these accidents, injuries are immediately apparent. But in tens of thousands of annual car accidents, victims don’t exhibit symptoms of their injuries for days, weeks, or even months. If you have been involved in an accident, it’s crucial that you seek medical attention immediately. A medical evaluation can help to determine whether initially-asymptomatic injuries could be hiding under the surface.

Delayed Symptoms May be Warning Signs

The list of injuries that may not initially present symptoms could go on forever. However, there are certain injuries that more commonly fall into this category. In most cases, mild symptoms will precede more serious ones. If days, weeks, or months following a car accident you experience any of the symptoms below (even if mild), it is in your best interest to contact your healthcare provider for a medical evaluation. A Boston injury attorney can help you recover damages if you’ve been injured due to another’s negligence.

Headaches: A headache that develops a few days or weeks after a motor vehicle crash could be an indicator of bigger problems. A headache can be a warning sign of a concussion, neck injury, or a blood clot. While it’s certainly possible that you “just have a headache,” following an accident, it’s always better to be safe than sorry.

Back pain: Any type of back pain, from mild to severe, can indicate an injury to the muscles and ligaments in your back. You may have even suffered nerve damage or injury to your vertebrae. A simple x-ray is usually sufficient to diagnose back injuries, but you may require a more sophisticated test, such as an MRI or CT scan.

Pain or bloating in the abdomen: These symptoms may indicate internal injuries, and may be accompanied by dizziness and fainting. As these symptoms may also serve as warning signs that you are bleeding internally, it is crucial that you seek immediate medical attention. Internal injuries and bleeding can be fatal if left untreated.

Personality of emotional changes: If you have suffered a traumatic brain injury (TBI), symptoms may not be immediately apparent. If days or weeks following a car crash you find yourself feeling “out of sorts,” you may want to seek medical attention. A health evaluation can generally identify the presence of a TBI. A MA injury lawyer can help you determine how to proceed if you’ve suffered a TBI in a car accident.

Post-Traumatic Stress Disorder (PTSD): Following a serious car accident, you may experience PTSD. Many people have immediate symptoms of PTSD, but fail to recognize them. The good news is, early treatment generally produces excellent results. Cognitive behavioral therapy (CBT) is a type of counseling that works well with patients who suffer from PTSD. Prolonged Exposure (PE) therapy is another option. There is also a type of therapy known as Eye Movement Desensitization and Reprocessing (EMDR) that is being used more frequently to treat And certain medications, such as selective serotonin reuptake inhibitors (SSRIs), are known to be quite effective.

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