Articles Posted in Car Accidents

In the wake of a lawsuit against Apple for a fatal accident involving a FaceTime-ing driver, a new lawsuit has been filed against the tech giant. The class action lawsuit alleges that the company put profits before the safety of its customers and the general public. The FaceTime-ing accident resulted in the tragic death of five-year-old Moriah Modisette. The new lawsuit alleges that Julio Ceja was rear ended because a distracted driver was texting on an iPhone.

Should the irresponsible behavior of a driver be Apple’s fault? Well, the class action is not seeking damages for Ceja’s back injury. Rather, it wants to hold the tech company accountable for failure to implement a “lock-out” feature for drivers. Apparently, the company holds a patent for this feature. Both lawsuits claim that implementing the feature would prevent iPhone-related distractions. If you’ve been injured in an auto accident due to a distracted driver, contact a Boston personal injury lawyer today.

What is Driver Lock Out?

Motor vehicle accidents can be a physically, emotionally, and financially stressful experience. In addition to injuries and property damage, the need to deal with insurance companies can be equally stressful and intimidating. Most of us don’t talk to our insurance agents on a very frequent basis, which can make post-accident discussions impersonal and confusing. Further, there’s a common misconception that an accident drives up insurance rates. That’s simply not always the case. If you’ve been involved in an auto accident, contact a Boston motor vehicle accident lawyer.

So, what does impact your insurance rates? Following an accident, the insurance company will consider multiple factors to determine whether to increase rates and if so, by how much. The following factors will likely impact whether or not your insurance rates will rise.

  • Your driving history: This is a big one. If you’ve previously been involved in multiple accidents, the likelihood of a rate increase is much greater than if this is your first fender bender. In addition to previous accidents, insurance companies will consider traffic citations and speeding tickets. If you have a clean driving history, the chances of a rate increase are low.
  • How serious was the accident? A fender bender is less likely to result in a rate increase than an accident involving multiple vehicles, serious injuries, and extensive property damage. In most cases, the greater the claim, the higher the rate increase.
  • Who’s to blame? If the accident wasn’t your fault, your rates probably won’t see an increase. The at-fault driver’s insurance company will likely pay the claim, so if the accident isn’t your fault, your insurance company should be off the hook. Even if you have to make an uninsured or underinsured claim against your policy, your low insurance rates may be safe. In these more complicated cases, having an accident report can be immensely beneficial to the outcome of your case. Alternatively, if you are the at-fault driver, you are almost guaranteed to see a rate increase. If fault is due to reckless driving or OUI, your insurer may actually drop your policy.
  • Accident forgiveness. Your insurance policy may have an add-on called accident forgiveness which allows you to file small claims without the fear of a rate increase. But buyer beware. Most of these products are subject to certain conditions, so review your policy thoroughly to determine if an accident forgiveness add-on is worth it. If you need help reviewing this product or any other type of auto insurance policy or add-on, contact a skilled Boston injury lawyer today.

The bottom line is this – an auto accident does not guarantee an insurance rate increase. Don’t let your fear of a rate increase keep you from pursuing a claim. If you’ve been involved in any type of motor vehicle accident, you should seek legal representation immediately. Continue reading

Holiday shopping before Christmas and holiday returns after Christmas can make parking lots a chaotic, crowded mess. Especially when New England winters add a healthy serving of snow, ice, and slush. It’s also an opportune time for thieves to stake out parked cars for gifts and gadgets. Extra traffic and adverse weather conditions can result in parking lot injuries and property damage. So, who’s liable for damages if you have an accident in a parking lot? Read on for more information about parking lot-related slip and fall accidents, collisions and theft, and who is responsible for any damages incurred.

Premises Liability

Whether in the parking lot or in the store, premises liability holds property owners legally responsible for maintaining their property at all times. Therefore, if a poorly-maintained parking lot causes injuries or property damage, the property owner will likely be liable for those damages. Management may be responsible if they knew, or should have known, that parking lot conditions were poor but failed to correct the problem. For example, if an area of a parking lot is covered in a sheet of ice, that area may be roped off to caution drivers against parking there. Alternatively, the icy-spots could be covered with ice melt to improve traction. If these steps are not taken, management has failed to take reasonable precautions and can be liable for medical expenses, pain and suffering, and costs to fix property damage.

In 2010, the Supreme Court updated its application of the “reasonable person” standard, saying,“If a property owner knows or reasonably should know of a dangerous condition on its property, whether arising from an accumulation of snow or ice, or rust on a railing, or a discarded banana peel, the property owner owes a duty to lawful visitors to make reasonable efforts to protect against the danger.”  If you’ve been injured in a parking lot-related accident, contact a Boston injury lawyer today.

Parking Lot Collisions

At this time of year parking lots are filled throughout Massachusetts, people are shopping for post Christmas deals or returning items from the holiday.  That combined with cold wet and slippery weather is a recipe for trouble. The same rules that apply on the road generally apply in parking lots. Always use caution, pedestrians always have the right of way, drive on the proper side, and of course drive with caution. If you are involved in a parking lot accident it’s important to treat it the same as if were on a city street.   As with all motor vehicle accidents, it’s wise to document as much information as possible. If you are able to do so, photograph injuries and property damage from multiple angles, exchange insurance and contact information with other drivers involved, and ask witnesses for statements and contact information. You should also call the police. An official police report can be immensely helpful in a lawsuit. If you’ve been involved in a parking lot collision, contact a MA injury lawyer today. Continue reading

According to the National Highway Traffic Safety Administration (NHTSA), 3,179 Americans died as the result of distracted driving in 2014. The total number of traffic deaths have risen more than 10 percent from the first half of 2015 to the first half of 2016.  According to AAA, 58 percent of the 963,000 automobile accidents involving teens aged 16-19 in 2013 were linked in some way to distracted driving. Approximately 10 percent of the 2,865 teen driving fatalities in 2013 were also linked to distracted driving.

When most people think of distracted driving, they think of people that are behind the wheel doing their makeup, checking their hair, eating a hamburger or updating their Facebook page about how annoying it is to sit in traffic. However, a lesser-discussed element of distracted driving is driving when you’re tired, or “drowsy driving.”  Driving while tired can affect anybody, from 16-year-olds headed to school after staying up too late the night before to professional truck drivers who have stringent schedules to keep that don’t allow for proper resting. But as much as we think it is sufficient enough to guzzle a coffee or open a window to feel a cold breeze, the dangers of driving while drowsy are very real.

The AAA Foundation for Traffic Safety found that:

Reuters reported in late October that Toyota had invested around $10 million in Getaround, a ride-sharing service based out of San Francisco that was founded in 2009. Getaround is different from services like Uber, as users of Getaround can search their local area for available privately-owned rental cars that they can rent and use personally for as little at $5.  Users have access to these rental vehicles for a certain amount of time, rather than simply being ferried from one location to the next like with Lyft or Uber. Automotive speculative analysts have reasoned that Toyota’s investment in a ride-sharing entity indicates they are stacking their chips for the upcoming industrial boom of driverless taxi services. Some project that the first fully-automated driving services will be enacted by 2020.

The potential benefits of driverless taxi services are multiple, and are enough for more than 18 large companies to invest resources into at least studying its practicality. In theory, they can create less traffic, lessen pollution, and increase the efficiency and safety of roads. Of course, on the other hand, a world filled with driverless taxis means millions of taxi drivers and drivers who work for companies like Uber will be out of a job.  While the technology is essentially ready for implementation, the legal framework surrounding driverless cars and taxis is a continuously-developing headache. There is no telling how legislation will translate between federal, state, and local lines, or if it will be possible to form any solid ground rules anytime soon.

After all, who is at fault when an accident inevitably occurs between a human driver and a driverless car? How about an accident that occurs between two autonomous vehicles? There are hundreds of possible factors in play and dozens of parties that could be at fault. Taking into consideration these uncertainties, most analysts don’t foresee driverless taxis making a significant impact on the world for at least a decade or two.  No matter how this industry, plucked straight from the pages of science fiction, pans out in the future, the fact that huge companies such as Toyota are entering the driverless car game proves that this is no fad or silly pie-in-the-sky fantasy. Driverless cars, and taxis, are coming sooner rather than later.

A short trip just down the road to Dunkin Donuts, picking up your kid from the neighbor down the street, or just a casual afternoon drive to spot some local foliage – no need to buckle up for such a trek, right?  Wrong, most likely, since most accidents actually occur within 25 miles of home. But that doesn’t stop about 25% of Massachusetts drivers from choosing to drive without a seatbelt, despite their proven record of saving about 15,000 lives every year, according to the National Highway Traffic Safety Administration.

Data gathered by the University of Massachusetts Traffic Safety Research Program showed that, in a study encompassing 147 different locations and 27,000 vehicles, only 78.2% of Massachusetts drivers report buckling up in a vehicle no matter what the situation. Fortunately, the data does show that seatbelt usage is increasing in Massachusetts, from 67% in 2006 and 74% last year.  Still, the only states to report less seatbelt usage than Massachusetts were New Hampshire and South Dakota. Shockingly and unsettlingly, one of the most common groups to admit to not using a seatbelt were commercial truck drivers. The other was men aged 18-34.

Some of the reasons for not buckling up included a lower perception of fear regarding an accident while making short trips. Drivers were more likely to report using a seatbelt while traveling fast and long distances on the highway. Still, some drivers admitted to not using seatbelts simply because they were uncomfortable.  For some, the idea of a seatbelt law is an affront to personal liberties. Despite their proven track record of saving lives – including the lives of drivers and passengers – people will still argue that it is their right to decide whether or not they buckle up.

Although there is no federally-mandated seatbelt law, Massachusetts does have laws on the books that state all drivers and passengers 13 years or older must wear a seatbelt unless:

  • There is a proven medical condition that makes wearing a seatbelt impossible
  • The vehicle was made before July, 1966
  • You drive a taxi, livery, bus, tractor, or trucks with a gross weight of over 18,000 pounds
  • You are an emergency services personnel driving an emergency vehicle or are a postal worker

Stats about seatbelt usage

  • 53% of motor vehicle fatalities in 2009, passengers and drivers, were not wearing seatbelts
  • Wearing a seatbelt as a front-seat passenger or driver reduces the risk of death by 45% and reduces the rate of serious injuries by 50%
  • Drivers and passengers that don’t wear seatbelts are 30 times more likely to be ejected from a vehicle during a crash. Those who are ejected during a crash die 75% of the time in such incidents.
  • Seatbelts have saved an estimated 255,000 lives since 1975.

Continue reading

Even just 10 years ago, smart phone technology at the complexity and availability that we have today was relegated to the pages of starry-eyed technology articles, optimistic tech companies, and futuristic television shows and movies. The first iPhone didn’t come out until mid-2007, and anybody who owned one of those clunkers can attest that we’ve come a long way since then.  Fast-forward back to the present, and we now live in a world where, literally, almost 100 percent of people under the age of 50 own a smart phone. Statistics from State Farm’s 2015 annual distracted driving survey showed that 99 percent of people aged 18-29 owned one, 97 percent of people aged 30-39 owned one, 92 percent of people aged 40-49 owned one, and a whopping 74 percent of people aged 50+ own one as well.

Age is no longer a factor in owning a smart phone, which could be described with no trace of hyperbole as “distraction machines” when you’re on the road. Texting, apps, on-demand video, social media and relentlessly-updating emails provide a buffet of content that we have never been more addicted to or reliant upon.  Some statistics indicate that more than 600,000 people are attempting to use their phones in some capacity while behind the wheel of a car at any given moment during the day. Although people admitting to sometimes talking on the phone while driving has decreased significantly from 65 percent in 2009 to 51 percent in 2015, the much more dangerous practice of texting and driving increased from 31 percent in 2009 to 36 percent in 2015.

According to the National Highway Traffic Safety Administration (NHTSA), traffic deaths have risen more than 10 percent in the first half of 2016 than during the first half of 2015, indicating a frightful trend. In 2014, 3,179 Americans died on the road as a result of distracted driving incidents.

Teens at higher risks than anybody

According to AAA, teens are involved in more driving accidents than any other age group of people. In 2013, about 963,000 drivers aged 16-19 were involved in police-reported accidents, resulting in 383,000 injuries and 2,865 deaths. According to data from AAA and the NHTSA, about 58 percent of all teen accidents and 10 percent of teen driving fatalities involved some element of distracted driving.  A 2015 study utilized cameras to observe distracted driving incidents, and showed that distracted drivers had their eyes off the road for over four seconds. In rear-end incidents, half of the distracted teens observed were so distracted that they didn’t even attempt to stop before making impact. Although it’s hard to tell teenagers they aren’t invincible, these kinds of careless decisions can have much more dire consequences. Continue reading

A boy was struck and killed while riding his bicycle in Brockton Tuesday night. According to Brockton Police Sgt. James Baroud, the accident occurred on Main and Plain streets just before 7:00 PM on Tuesday. Baroud say the unnamed boy, who was about 12 to 14 years of age, was pronounced dead at the scene. The driver of the vehicle that struck the boy stopped at the scene and was interviewed by police.

In an unrelated accident on the same day, a pedestrian was struck and killed by an SUV in Waltham, and a second pedestrian suffered non-fatal injuries in the same incident. According to Waltham police, the accident, which occurred shortly before 7:00 AM Tuesday, is under investigation. The victim, a 65-year-old Watertown man, was exiting a bus on his way to work when a Lexus SUV struck and killed him. The other person injured in the accident was a 70-year-old Boston man who had also just exited the bus. He was taken to the hospital with serious injuries to the face and legs, but his injuries are non-life threatening. Both men were in the crosswalk on Wyman Street when the accident occurred.

Pedestrian Injuries

Pedestrians are 1.5 times more likely to be killed in a collision with a car than occupants of motor vehicles. In 2013, a total of 4.735 pedestrians suffered fatal injuries from traffic accidents in this country. On average, this is one traffic-related death every two hours. And many more are seriously injured; approximately 150,000 pedestrians are rushed to the emergency department for non-life threatening injuries each year. If you’ve been injured in any type of accident involving a motor vehicle, contact a Boston personal injury lawyer today.

Who’s Most at Risk?

Any person can be injured or killed in a pedestrian accident, but certain people are more at risk.

  • Young people between the ages of 15 and 29 are more likely to receive treatment in an emergency department for pedestrian injuries related to a crash than any other group.
  • Male pedestrians have a greater risk of serious or fatal injury in traffic-related accidents than their female counterparts.
  • The incidence of fatal pedestrian accidents generally rises with age.
  • Alcohol increases the risk of fatal pedestrian accidents; in 2013, approximately 34 percent of pedestrians who suffered fatal accidents had a blood alcohol concentration (BAC) of 0.08 or higher.
  • Child pedestrians have the greatest risk of serious injury or death in a traffic-related accident due to their smaller size.
  • In one out of every five traffic-related fatalities among children ages 14 and under, the victim was a pedestrian.

Continue reading

The dangers of distracted driving are well known. In fact, 46 states currently have laws against texting while driving. Most major highways are now equipped with “text stops”, designated pull-offs where drivers can safely, and easily, exit the road and read or send text messages. But despite the risks, millions of Americans still use their cell phones while driving every day. And texting is no longer the only phone-related concern. Apps, including Snapchat and Instagram – and even driving-related Apps, such as Waze – are taking our attention from the road.  Anyone driving in and around the Greater Boston area can see this problem on a daily basis – whether driving to or from work or just to the local market – if you look around you will see drivers  constantly looking down at their phones – and it’s very dangerous. Very dangerous. How dangerous you ask, look at the statistics below…

70% of Teens Report Using Apps While Behind the Wheel

All ages are guilty of talking, texting, or otherwise using cell phones while driving, but teens are the biggest offenders. Students Against Destructive Decisions (SADD) recently partnered with Liberty Mutual Insurance to conduct a survey of 2,500 teen drivers. Of those surveyed, about 70 percent reported using apps while driving. This is a scary statistic, but it gets even worse. When 2,400 drivers of all ages were surveyed by the National Safety Council (NSC), 74 percent reported using Facebook while driving.

Distracted Driving May be to Blame for 25% of Auto Accidents

Distracted driving is one of the leading causes of deadly auto accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), more than eight people are killed and 1,000 people are injured due to distracted driving, every single day. However, because distracted driving is rarely reported and hard to prove, these figures are likely much higher. The NSC estimates that approximately 25 percent of all auto accidents are a direct result of cell phone use while driving.

The average driver has traveled the length of a football field in the time it takes to read a single text. That is far too long to have your eyes off the road. If anything unexpected happens – an animal runs in front of your car, another car swerves, the car in front of you slams on its brakes – the results could be deadly. Continue reading

In the past few years, various automakers and technology firms have been competing to develop a safe autonomous vehicle.  Among the companies involved are many well-known automakers, namely Mercedes, BMW, and Tesla, as well as tech firms like Google.  The concept grew from the logic that computers should be able to more safely operate vehicles than humans who commit errors or unsafe driving behaviors frequently.  This premise may be under scrutiny after a deadly automobile accident involving a self-driving car.  The accident occurred on May 7 in Williston, Florida and involved a Tesla Model S electric sedan.  The driver of the Tesla sedan was killed while the car was in self-driving mode.  The National Highway Traffic Safety Administration made a statement about the incident saying a tractor-trailer made a left turn in front of the vehicle, and the car failed to apply the brakes.  This is the first known incidence of a fatal crash in which the vehicle was driving itself by means of computer software.  The driver was identified by Florida Highway Patrol as Joshua Brown, 40, of Canton, Ohio.  Brown was a Navy veteran who owned a technology consulting firm.  Tesla made a statement on Thursday saying Brown was a man who “spent his life focused on innovation and the promise of technology and who believed strongly Tesla’s mission.”  Brown had previously posted several videos of himself using the autonomous Tesla vehicle.  In one, he applauded the technology for successfully preventing an accident involving his car.

The release of this story has been detrimental to Tesla’s efforts in expanding its product line from pricey electric vehicles to more conventional models.  It is still unclear whether the car the driver, or both were to blame for the lethal accident.  In a news release, the company said, “Neither autopilot nor the driver noticed the white side of the tractor-trailer against a brightly lit sky, so the brake was not applied.”  Many critics of self-driving cars have noted that this is evidence that computers cannot make “split-second, life-or-death decisions” as humans often need to.  Companies have been conducting tests using self-driving vehicles in private courses as well as public roads.  However, it does not seem that the technology has been tested and developed enough for the government to sign off on the autonomous cars.  The National Highway Traffic Safety Administration has recently been working on new regulations concerning testing these self-driving cars on public roads which are anticipated to be released sometime this month.  Continue reading

Contact Information