Articles Posted in Car Accidents

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Distracted driving is becoming far too commonplace on the streets of Boston.  All distractions present incredible risk to injury or death, not only the driver, but also passengers and bystanders.  There are three main types of distraction that are based on three types of attention, visual distractions (taking your eyes off the road), manual distractions (taking your hands off the wheel), and cognitive distractions (taking your mind off of driving).  Common distractions that can occur while operating a vehicle are texting or using a cell phone, eating or drinking, talking to passengers, applying make up or fixing one’s hair, reading (maps or directions), using a GPS, watching a video, and fiddling with radios or MP3 players to play music.

The more dangerous distractions are those that incorporate more than one of the groups of distractions.  For example, a particularly concerning distraction is using a cell phone to text because it requires so many forms of attention, visual, manual, and cognitive.  Some key statistics can illustrate just how damaging distracting driving can be.  In 2014, distracted drivers were associated with 3,179 fatalities and 431,000 injuries sustained in motor vehicle accidents.  Studies have show that distracted driving appears to be more prevalent in younger drivers.  Ten percent of fatal crashes, 18 percent of injury crashes, and 16 percent of motor vehicle traffic crashes were cases in which the teenage driver, between 15 and 19 years old, was described as being distracted at the time of the crash.  Specifically, it has been studied that texting takes your eyes off the road for 4.6 seconds.  If driving on a highway, assuming travelling about 55 miles per hour, you will travel the length of a football field while your eyes are focused on your text messages.

In order to discourage distracted driving, various state and federal laws have been enacted.  Many states have put a ban on texting and driving.  The Federal bans include banning texting while driving on government business/with government-owned equipment and banning cell phone use while on the job for various professions (railroad workers, motor carriers).  Most notably is the “It can wait” campaign sponsored by AT&T, which urges drivers that their phone can wait.  To date, there are over 8 million pledges made by those who pledge to keep their eyes on the road, not on their phones.  Although phones are the most well known driving distraction, other less obvious distractions can be just as dangerous.  As technology advances, cars are becoming more technologically sophisticated.  Most people believe that if respected car companies install intricate “infotainment” dashboards into cars, then they must be safe to use while driving.  However, anything that takes attention away from the road can distract drivers enough to get into an accident.  Driving is not an activity that can be used to multitask.  Continue reading

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In the past five years, it has been reported that more than 5,000 people have been killed in automobile accidents involving teen drivers during the summer weeks between Memorial Day and Labor Day.  AAA has gone so far as to dub this period the “100 Deadliest Days”.  Deaths during these months are at a higher rate than all other times of the year.  Mary Maguire of AAA Northeast attributes this spike to the increased hours of driving teens complete in the summer time.  Not only do teens spend more time driving, but they also drive greater distances and to places they may be less acquainted with, i.e. the beach or a summer internship.

The average number of deaths from crashes involving teen drivers during the summer months spikes 16 percent as compared to other days during the year.  Annually, this totals to more than 1,000 deaths making it the leading cause of death for American adolescents.  These crashes are not solely contributed to the inexperience of these young drivers.  The AAA Foundation for Traffic Safety discovered that in 60 percent of these accidents involving teen drivers, the drivers were distracted.  By utilizing recorded video, audio, and accelerometer data from dashboard cameras of cars involved in crashes, AAA determined the top three driving distractions for teen drivers.  Talking to passengers accounted for 15 percent of distracted driving behaviors.  This is followed by texting or talking on the phone, which accounted for 12 percent of accidents.  Lastly, distractions inside the vehicle (radio or GPS) were present in 11 percent of crashes.

As cell phones have become an integral part of daily life, the dangers of texting and driving have become better known.  Parents and organizations acknowledge this fact and have coined phrases such as “It can wait” in order to spread awareness to teens of the dangers of driving while distracted by a cell phone.  Even so, the National Highway Traffic Safety Administration performed a survey from 2007-2014 and found that the percentage of adolescent drivers found using an iPhone or similar hand-held device quadrupled, now totaling at 4.8%.  There is also a study that shows that although using a cell phone to make calls while driving is dangerous, averting one’s eyes to text or use social media while driving is significantly more dangerous.  Jurek Grabowski, research director for the AAA Foundation for Traffic Safety states, “They went from a dangerous activity to an extremely dangerous activity”.  Continue reading

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As fatal car accidents continue to rise across the country, a national ‘Click it or Ticket’ campaign kicked off this week. With Memorial Day marking the start of summer travel, state troopers from Massachusetts, along with those from New Hampshire and Maine, are working hard to promote seat belt use in New England. Nationwide motor vehicle deaths are up 10% this year, and deaths are up 17% in Massachusetts. Contact a Boston Auto Accident Lawyer Today.

In Massachusetts, it is mandatory to wear a seat belt, regardless of age. This is different from some states, such as New Hampshire, that only require seat belt use under the age of 18. According to Tom Barron, a Chief Deputy Sheriff in Maine, “We see the difference seat belts make.” Maine’s seat belt compliance rate is at 85.5%, compared to Massachusetts’ 74.4%. Why the difference? It may have to do with the fact that not wearing a seat belt in Maine is a primary offense, meaning police can stop vehicles if a driver or passenger is not wearing a seat belt. In Massachusetts, that’s not the case. Not wearing a seat belt is a secondary offense in Mass. Not only are MA police officers prohibited from stopping vehicles strictly for non-seat belt use, not wearing a seat belt has no bearing if charges are filed.

Men Ages 18 to 34 Least Likely to Wear Seat Belts

The Click it or Ticket campaign urges everyone to wear seat belts at all times. According to statistics, women are more likely to use seat belts than their male counterparts. According to Massachusetts Director of Highway Safety, Jeff Larson, men between the ages of 18 and 34 who drive pick-up trucks are the most likely group to not wear seat belts in MA. There is also an issue with newly licensed drivers – mostly teens –  who opt not to use a seat belt.

In addition to always wearing a seat belt, it is crucial that we all become more attentive while driving. This is especially true around emergency vehicles and in construction zones. Just last week, a state trooper from New Hampshire was seriously injured when he was struck during a traffic stop in Bedford, N.H. And in 2015, a total of 23 NH police vehicles were struck between Thanksgiving and February. Distracted driving is becoming a nationwide epidemic. Texting, talking on the phone, operating a navigational system, adjusting the stereo, and eating are all forms of distracted driving. But there is no question – texting while driving is the biggest concern, and this problem is going to get worse before it gets better. Until technology advances to a point at which we can text without being distracted (which isn’t likely to be soon), the death toll is going to continue to rise.

Put down the phone and put on your seat belt. Not wearing a seat belt is only a secondary offense in Massachusetts. Unfortunately, that distinction will not save your life in a crash. A seat belt might. Use your head, and buckle up every time you’re on the road. Continue reading

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An underride crash occurs when a passenger vehicle goes under a truck, trailer, or other large vehicle. Unfortunately, these crashes often result in serious injuries and are significantly more likely to be fatal. The same is true of ‘side underride crashes’, which often involve bicyclists or pedestrians and are particularly dangerous in urban areas. Underride crashes and side underride crashes have been a hot button issue in the Boston area in recent weeks. Contact a Boston Motor Vehicle Accident Lawyer Today.

Earlier this month, a young woman on a scooter was killed by one of Boston’s iconic ‘duck boats’ when the driver failed to see her. The amphibious vehicles have been surrounded by controversy in recent years, as accidents in Philadelphia and the state of Washington have resulted in multiple deaths. The duck boats, which were not designed for recreational use on land, can be quite dangerous, especially for pedestrians and cyclists.

In response to a surge in underride and side underride crashes, the City of Boston was represented earlier this month at the Institute for Highway Safety’s roundtable on underride crashes. Beyond duck boats, other large vehicles, such as 18-wheelers, need adequate room to make turns. When they don’t have enough space, the consequences can be disastrous. Another dangerous situations occurs when a passenger vehicle attempts to pass a tractor-trailer on the right as the larger vehicle makes a right-hand turn. Certain modifications, such as rear and side underride guards, can help reduce serious injury and death.

“The one thing I hope everyone takes away from this session is that there has been a lot of progress in recent years on underride crashes,” said David Zuby, chief research officer for IIHS, “and there will be more ahead.” Of the eight major manufacturers of trailers, four have voluntarily improved the rear underride guard design of their vehicles, based on updated IIHS standards. The manufacturers who have made these improvements are Wabash, Vanguard, Stoughton, and Manac.

Rear and Side Underride Guards Save Lives

To test the design improvements on the trailers, the IIHS conducted tests during the May 5 roundtable. In one test, they crashed a 2016 Chevy Malibu into the rear underride guard at 35 mph. The guard successfully stopped the car, and the Malibu’s test dummy ‘survived’ the crash. Although this is a significant step in the right direction, pedestrians, cyclists, and drivers must remember that not all trucks, trailers, and large vehicles currently have side or rear guards. Use caution around large vehicles, and always remember, if you can’t see a truck’s mirrors, the driver can’t see you. Continue reading

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A Lexus SUV crashed into a school bus early Thursday morning in Boston’s O’Neill Tunnel. Thankfully, this story ends well. The SUV was being driven by 52-year-old Thomas Wells, a construction worker from Saugus, Mass. Wells was on his way to work when he dozed off behind the wheel. The crash occurred at around 6 a.m. Contact a Boston Motor Vehicle Accident Lawyer Today.

Fortunately, there were no children on the bus at the time of the accident. The traffic on Interstate 93 was backed up for hours. According to witnesses, after being hit by the SUV, the bus skidded to a stop in the tunnel’s southbound lanes. The stopped traffic extended to Wilmington, about 19 miles from the crash site.

Drowsy Driver Claims to Work ‘Long Hours’

“I wasn’t like snoring or anything, I just shut my eyes for a second, I guess, and drifted over,” said Wells, going on to say that he often works long hours. “Maybe I didn’t sleep that well last night, I don’t know. … I will tell you what, I’m 52 years old, and that’s the first accident I’ve had since I was 18.” However, when WBZ asked Wells if he was awake during the accident, he said, “Of course I was. I was on my way to work, like I do every day.”

Common Side-Effects of Drowsy Driving

More than 300,000 accidents are blamed on drowsy or fatigued driving annually. According to the National Sleep Foundation, drowsy driving can result in:

  • Impaired reaction time
  • Impaired judgment
  • Impaired vision
  • Short-term memory problems
  • Difficulty processing information
  • Decreased vigilance
  • Decreased performance
  • Aggressive behaviors
  • Moodiness

Due to the dangers of drowsy driving, certain states are considering drowsy driving legislation. This legislation would permit law enforcement to charge fatigued drivers with a crime if another person is seriously injured or killed as a result of their lack of sleep.

Drowsy Driving Warning Signs

  • Frequent blinking and yawning
  • Missing an exit
  • Drifting into the other lane
  • Running over rumble strips
  • Trouble remembering the last few miles
  • Who is Most at Risk for Drowsy Driving?

Continue reading

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The most common concern following a car accident is the safety of everyone involved. Once it’s been determined that no serious injuries have occurred, or that injured parties have been cared for, the next step is to determine who was at fault. Unless it is an extremely minor fender bender, a car accident almost always results in some costs, whether property damage to the vehicles or physical and emotional injuries to victims. Based on a variety of factors, costs can be relatively low or astronomically high. Contact a Boston Motor Vehicle Accident Lawyer Today.

In some situations, determining who was at fault is quite easy. If a woman is stopped at a red light and a drunk driver slams into her, it’s pretty obvious who’s at fault. In reality, however, most car accidents are much more complicated. This is why it is so important to work with a car accident attorney if you’ve been involved in any type of motor vehicle crash. Even if you think you were at fault, a consultation with an experienced attorney can help you determine how to move forward.

Who is at fault in a three vehicle collision?

In order to determine who is at fault in a three car accident, it must first be determined whether any party was negligent. As a driver, you have a duty of reasonable care to other drivers, passengers, and pedestrians. If an accident occurs due to a driver’s failure to meet that duty of care, he or she may be deemed negligent, and thus liable for damages. But what if two of the drivers were negligent? In these cases, courts will assign appropriate percentages of liability based on comparative or contributory negligence. For example, if a driver is deemed to be 20% at fault, he or she will only be entitled to 80% of the damages.

If I’m injured in a work-related car accident, is my employer liable?

Let’s say you’re driving the company car during work hours and you T-bone another car at an intersection. Who is liable for the damages? An employer is only liable for an employee’s actions if any of the following circumstances are present:

  • The actions were within the employee’s scope of employment
  • The employee was hired to do the activity
  • The employer derived a benefit from the activity

So, the short answer is yes. An employer can be liable if you are driving to perform an activity that you were hired to do. If, however, you were grossly negligent during that activity, the employer will not be liable. For example, if you are performing your job duties but you also happen to be drunk, your employer will not be liable for your negligence.

Workers’ compensation may also come into play in a work-related car accident. If you are also injured in the accident, you are likely eligible for workers’ comp benefits.

Following a car accident, should I file an insurance claim or a lawsuit?

You can be compensated for injuries and property damage by filing an insurance claim, but it’s not always the best option. If negligence was involved, you may be entitled to much greater damages by filing a personal injury lawsuit. However, neither option is perfect, nor is either option a one-size-fits all solution. If injuries are grave, negligence was a factor, or your insurance claim was denied, it may be in your best interest to file a lawsuit. Continue reading

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With winter over, the risk of driving on icy and snowy roads is coming to an end. But it’s easy to underestimate the dangers of driving in heavy rain and fog. Not to mention, early spring in New England still has its fair share of snow flurries and black ice, especially at night. In the dark, these rapidly changing conditions can be difficult to see. You don’t have to be exceeding the speed limit to be driving too fast for adverse road conditions. Contact a Boston Motor Vehicle Accident Lawyer Today.

 One of the most dangerous wet weather conditions is heavy fog. Reduced visibility can instantly create a hazardous condition. Avoid driving in heavy fog whenever possible, but if you must drive in fog, let the painted road markings guide you. Although this won’t help to avoid crashing into vehicles or other obstructions in front of you, it will ensure that you remain in your lane.

Rain

Every year, rain is blamed for thousands of accidents nationwide. Driving on wet roads always comes with a risk, but this is especially true within the first few hours of the onset of rain. Before heavy rains wash away oil and engine fluids that accumulate on the roads, water mixes with these substances, creating a slick, greasy surface. Skidding, hydroplaning, and reduced visibility are common rain-related dangers. When roads are wet, slow down. Excessive speeds are a factor in most weather-related car accidents.

Snow and Ice

Yes, spring in New England often means snow and ice. The normal risks involved with driving on snowy or icy roads still exist, but with an added danger – the element of surprise. In Massachusetts, rain can quickly turn to snow and wet roads can become icy. This is most common after dark, when the change in conditions is difficult to see. Drivers may think the road is just wet, when it’s actually covered in black ice. Once again, slow down. Speeding kills, especially on wet or icy roads.

Skidding

If you start to skid on wet or icy roads, do not slam on the brakes. Instead, steer in the direction of your skid and lightly pump the brakes. If you have antilock brakes, do not pump them. Apply even, steady pressure.

 Hydroplaning

Hydroplaning occurs when all 4 wheels simultaneously lose contact with the road due to a film of water getting between the tires and the road. Do not turn the wheel or brake hard. Take your foot off the gas pedal, apply light, steady pressure to the brake pedal, and straighten the wheel. Continue reading

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As one of the leading causes of death in the United States, motor vehicle accidents concern us all. Fortunately, the vast majority of auto accidents are not fatal. Approximately 80 people are killed on US roads every day, but more than 5 million non-fatal crashes are reported annually. Fatal crashes typically involve a drunk driver, speeding, distracted driving, or inclement weather. We have listed the top 5 causes of motor vehicle accidents below. Avoid engaging in these dangerous behaviors to dramatically reduce your risk of being seriously injured or killed in a crash. Contact a Boston Motor Vehicle Accident Lawyer Today.

Top 5 Causes of Auto Accidents

  • Speeding: We’ve all been guilty of driving over the speed limit at some point in our lives. Maybe you’re running late for work, or you have to get to the school bus on time. Even driving 10 miles above the speed limit increases your chances of being involved in a crash. Speed limits are set for a reason. If you’re driving too fast for a particular area, you may be unable to respond to road hazards, animals running into the road, vehicles backing out of driveways, or cars entering from blind corners. Although arriving late can be a major inconvenience, it’s certainly better than expensive property damage, painful injuries, or death.
  • Distracted driving: In the age of smart phones and other electronic devices, distracted driving has become increasingly deadly. Although texting is one of the main types of distracted driving, it is far from the only type. Adjusting navigation systems or the stereo, applying make-up, talking to passengers, and talking on the phone all take your attention from the road. Even minor distractions can prove fatal. As one of the top causes of motor vehicle accidents today, distracted driving concerns all Americans. In response to this growing problem, many states have enacted laws to combat distracted driving, such as banning cell phone use while driving.
  • Driving under the influence: Any amount of drugs or alcohol in your system impairs your ability to drive. Up to 20,000 people die in alcohol-related crashes every year. Avoid driving under the influence by always choosing a designated driver before you go out. The importance of this cannot be overstated. We have worked with countless clients whose lives have been forever changed because of a drunk driver.
  • Fatigued driving: According to the National Highway Traffic Safety Administration (NHTSA), approximately 100,000 reported crashes are due to driver fatigue every year. These result in over 1,500 deaths and about 71,000 injuries. The groups most at risk for fatigued or drowsy driving include adults between the ages of 18 and 29, adults with children in the household, men, shift workers, individuals who are sleep deprived, and those with sleep disorders

Continue reading

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A tragic accident on Friday morning has resulted in the death of a woman, and a massive, city-wide inspection of all manhole covers on Boston highways. According to police, the woman’s car was struck by a manhole cover as she was exiting the O’Neill Tunnel, southbound on 1-93. The initial investigation into the incident reveals that the dislodged manhole cover became airborne and struck the windshield of the victim’s vehicle. Contact a Boston Injury Lawyer Today.

The female driver, whose name is being withheld until her family can be notified, was killed on impact. The cause of the incident, which occurred at approximately 7:50 am, is still under investigation. According to the Massachusetts Department of Transportation (MassDOT), a typical manhole cover weight 200 pounds or more. “Our sympathy goes out to the family of the victim involved in this horrific incident this morning,” said MassDOT administrator Thomas Tinlin. “This tragedy is leading us to take several steps immediately out of an abundance of caution.”

Manhole Cover Hadn’t Been Inspected Since 2014

Determining what caused the manhole cover to become dislodged is the first step in the investigation. In response to this tragedy, MassDOT crews and state police are conducting an inspection of each and every manhole cover, electrical panel cover, and grate on highways in and around Boston. The manhole cover that struck the victim’s car had been covering a storm drainage system. The metal object smashed through the car’s front windshield, covered the entire length of the vehicle, and exited through the rear windshield. The car continued to careen down the highway for nearly half a mile before hitting a wall near East Berkeley street.

Reporting on a similar incident in New York last year, a Con Edison spokesman told CBS news that manhole explosions can be caused by damaged underground electrical wires that spark,  igniting gases. According to MassDOT records, the manhole in today’s incident hadn’t been inspected since June 12, 2014. Continue reading

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This Thursday, January 21, the Massachusetts Senate is set to consider a bill that will ban holding any type of handheld electronic device while driving. The bill is intended to amend the existing law that was implemented in 2010 which banned texting but didn’t address distracted driving associated with handheld devices in general. Contact a Boston Car Accident Attorney Today.

Distracted driving is one of the leading causes of motor vehicle accidents. In fact, approximately 26% of all fatal crashes in 2013 were due to distracted driving. “We made a mess in 2010 by doing a half-baked law,” said Montigny, the Senate’s assistant majority leader. “All you have to do is get in the car on any given day, a significant number of people are breaking the law and the law is very difficult to prove without subpoenaing phone records. … No one who is tempted to break the law is really all that troubled by the law as written.” Although texting while driving is illegal, using an electronic device for other purposes is not. Considering it’s nearly impossible for law enforcement to differentiate between a driver who is texting and one who is dialing a phone number or navigating with a GPS, enforcing this law has been futile.

The other problem with the ‘no texting while driving’ law is that it conveys the message that texting is unsafe but other forms of distraction are less so. According to a survey conducted by the AAA Foundation for Traffic Safety, 60 percent of Massachusetts drivers think it is unacceptable to talk on a cellphone while driving, but 97 percent think it is unsafe to type a text or email while driving. Furthermore, the majority of the group surveyed, admitted to doing one or both during the previous 30 days.

Bill Seeks to Amend 2010 ‘Ban on Texting’ Law

The proposed bill is much more specific in its wording than the 2010 law it is replacing. It seeks to ban drivers from using any type of electronic device unless it is in hands-free mode, or the driver is only touching the device to “activate, deactivate, or initiate a feature or function.” The bill goes on to state that no driver “shall use a mobile electronic device or other device capable of accessing the internet to compose, send or read an electronic message or to input information by hand into a global positioning system or navigation device while operating such vehicle. An operator of a motor vehicle who holds a mobile electronic device to, or in the immediate proximity of the operator’s head while operating such vehicle shall be presumed to be in violation of this section. For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of the roadway intended for travel.”

Affirmative Defenses

Under the new bill, a first-time offender will receive a $100 fine, a second-time offender will receive a $250 fine, and a third-time and subsequent offender will receive a $500 fine. However, there are exceptions. For instance, “affirmative defenses” include using the device for emergency purposes, to obtain medical assistance, or to contact emergency personnel such as police, fire, or ambulance services. Continue reading

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