January 3, 2017

Injured in a Parking Lot? Who’s to Blame?

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

November 11, 2016

Drowsy driving is dangerous driving

by Altman & Altman

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:

November 7, 2016

Toyota jumps into driverless taxi race

by Altman & Altman

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.

October 26, 2016

Mass. drivers ranked 48th in seat belt usage – No reason not to buckle up

by Altman & Altman

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.

October 21, 2016

Cell phone use leads to alarming vehicular accident statistics

by Altman & Altman

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

October 20, 2016

Fatal Accidents in MA This Week Raise Concerns About Pedestrian and Cyclist Safety

by Altman & Altman

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.

September 21, 2016

The Frightening Statistics Behind Distracted Driving in Massachusetts

by Altman & Altman

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

July 12, 2016

Tesla Driver Dies In Accident While Using Autopilot – Self Driving Cars Suffer Setback

by Altman & Altman

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

June 16, 2016

Does Automobile Crash-Avoidance Technology Actually Work?

by Altman & Altman

As a Boston Law Firm that handles all types of accident cases, we follow how technology can help provide safer roadways, and how technology can help identify causes of accidents. The Highway Loss Data Institute conducted a safety analysis of crash avoidance technology to determine its effectiveness in preventing car accidents. Examples of crash-avoidance technology include park assist and autonomous braking features, lane departure warnings, and blind-spot detection. The study revealed that certain forms of this technology are quite effective, while others can actually contribute to accidents. Contact a Boston Motor Vehicle Accident Lawyer Today.

While the study revealed that park assist features and blind-spot detection haven’t yet proven to be helpful or harmful, other features were actually associated with an increase in accidents. Lane departure warnings, for example, appear to cause an uptick in collisions. In addition to lane departure warnings, the study, which looked at Mercedes, Acura, and Volvo vehicles, examined various crash-avoidance features, including forward-collision warning systems, and adaptive headlights.

Features that Work

Forward collision warning systems alert drivers if they are moving toward other traffic too quickly. In addition to a warning signal, this feature may also automatically decrease the vehicle’s speed through the use of autonomous brakes. According to the report, there was a 14% crash reduction in the Mercedes and Acura vehicles with this feature. Volvos with this feature also experienced a lesser incidence of crashes, with a 10% reduction compared to vehicles without the system.

Adaptive headlights also appear to reduce the incidence of crashes, with accidents in these vehicles dropping by 10%. According to Matt Moore, the institute’s vice president, “These lights appear to help in more situations than we anticipated, though we don’t yet know why.”

Features that Hurt

As mentioned above, lane departure warnings are actually associated with a slight increase in accident claims. Although more research has to be conducted to determine the cause of this increase, there is some speculation that the problem can be blamed on the emerging, and as yet imperfect, technology. Warning signals may be inaccurate at times, resulting in an inappropriate reaction. “It may be that drivers are getting too many false alarms, which could make them tune out the warnings or turn them off completely,” said Moore. According to Consumer Reports, this inaccuracy can be especially problematic on windy, two-lane roads.

Moore believes that with further developments, the increase in accidents can see a turnaround. For example, a feature that autonomously forces the vehicle to remain in its lane could make the lane departure warning system more effective at crash prevention. In addition, warning signals can become so commonplace that drivers begin to ignore them. For instance, blind-spot monitoring detects large objects on the side of the car, including other vehicles, pedestrians, and cyclists. As cars are constantly passing these objects, the warning signal – often a light – goes on frequently. Although many people find this feature helpful, it can also be easy to ignore. Continue reading

June 14, 2016

Why Do I Need a Lawyer Following a Minor Car Accident in Massachusetts?

by Altman & Altman

Even simple fender benders can result in injuries and unpaid bills. Most people believe that if the damages are minor and no injuries are immediately present, there is no need to contact a Massachusetts attorney. They assume that a quick call to the insurance company will provide everything they need to schedule car repairs and pay for any damages. But that’s not always the case. In fact, more often than not, dealing with insurance companies becomes an overwhelmingly complicated process. And if injuries show up a few days or weeks down the road, things can get messy. Contact a Boston Motor Vehicle Accident Attorney Today.

Situations When Having an Attorney Can Save the Day

When there’s a conflict of interest with the insurance company: Yes, your insurance company may provide you with legal counsel following a car accident. But whose interest do you think that counsel is tasked with protecting? An attorney hired by the insurance company has the insurance company’s interests in mind at all times. If those interests align with your own, you’re in luck. But if they don’t? Well, that’s another story entirely.

If the insurance company denies your claim: Another car rear-ended you causing minor damage to your car. No big deal, you’ll just file a claim with your insurance company. But what if your carrier denies the claim? What’s the next step? Having an experienced car accident attorney on your side can help you collect the compensation you deserve in a timely manner.

When the insurance money doesn’t cover your damages: The insurance company cuts you a check, but it only covers a portion of the repair bill. What do you do now? Just as with denied claims, inadequate compensation is best handled by a skilled auto accident lawyer. An experienced lawyer will know what questions to ask, and will understand how to work with insurance companies.

If anyone suffered injuries: Injuries that are immediately apparent, and those that don’t show up for days or weeks, can be a nightmare for everyone involved. In addition to pain and suffering, lost work time, scarring and disfigurement, and disability, injuries can cause the insurance claims process to become drawn out and overly complicated. If you are injured, the last thing you want to do is spend hours on the phone with insurance companies. A knowledgeable car and truck accident attorney can help you navigate this process with ease so that you can concentrate on recovery.

Not to mention, if injuries are involved, there is a good likelihood that your case will result in a lawsuit. The right attorney can help prove you weren’t at fault, and differentiate between special damages and general damages. Most car accident lawsuits are settled before going to trial, but that doesn’t mean you don’t need to hire a lawyer. The outcome of your settlement is dependent on multiple factors, and an experienced attorney will know how to position you for the best possible outcome. Continue reading