Driver Safety

October 15, 2013

Middleborough Authorities Continue Search for Driver of Fatal Hit-and-Run Accident

Authorities in Middleborough have released new details in their search for the driver who struck and killed a local bicyclist last week.

Michael Dutra, 58, of Middleborough was the victim of the fatal hit-and-run accident, which occurred around 7 p.m. Friday evening. Authorities believe Dutra was either riding or walking his bicycle along Wood Street, where he resided.

Plymouth Country District Attorney Timothy Cruz, as well as Middleborough’s Chief of Police Bruce Gates, said that investigators of the accident had started to piece the scene together, and have collected debris from what they believe to be a light-colored model year 2005-2009 Jeep Grand Cherokee. Authorities think that the vehicle is possibly missing the front marker lens, may have a broken right headlight lens, as well as a damaged right front bumper. Investigators need your help. Anyone with any information regarding the case is encouraged to contact the Middleborough Police Department at (508) 947-1212.

While bike riding is a popular mode of transportation, it is also extremely dangerous, especially for individuals who choose ride at night. Unlike passengers in motor vehicles, bicyclists have no physical protective barriers against outside elements like cars, trees, guardrails, fences, and other large vehicles, and are at the mercy of others traveling on the road.

The U.S. Centers for Disease Control and Prevention estimates that more than 500,000 people are treated for serious bicycle-related injuries each year, and more than 700 individuals die each year. A majority of these injuries are head injuries attributed to not wearing a helmet. Though many people dismiss the idea of wearing a helmet because of atheistic reasons, or because they feel their short commute does not warrant wearing one, wearing a helmet could make all the difference, and could even save a life. In fact, the National Highway Traffic Safety Administration found that bicycle helmets are 85-88% effective in preventing severe head and brain injuries. Other types of injuries commonly sustained in bicycle accidents include concussions, spinal cord injuries, broken bones, lacerations, paralysis, and death.
Continue reading

October 9, 2013

No Charges Against Truck Driver Involved in May Bike Accident

by Altman & Altman

Prosecutors will not be pressing charges against the Amherst truck driver who struck and killed a bicyclist last May.

Livingston Pangburn, a Hampshire College student, was fatally injured when he collided with an Amherst College box truck. According to the Northwestern district attorney’s office, Pangburn was traveling in heavy traffic along College Street, and did not stop with the traffic to allow the westbound truck to make a left turn onto the college’s campus.

Police reports stated that the driver of the truck did not see the cyclist in time to stop, and Pangburn was not able to maneuver around the truck in time to avoid the crash. Prosecutors do not believe that any impairment, cell phone use, or mechanical defects with the vehicle played a role in the accident.

While this is undoubtedly a tragic story, it also puts into perspective the dangers cyclists face when riding their bikes. Because bicyclists are extremely vulnerable compared to passengers to a motor vehicles due to their lack of physical barriers to protect themselves, it is crucial for them to do their part to prevent a serious accident from occurring.

5 Tips to Stay Safe on Your Bike

1. Always, always, always wear a helmet. While it seems to be a phrase engrained in everyone’s head, so many individuals do not understand how important helmets are in preventing serious head injuries. Some people dismiss the idea of wearing a helmet because of atheistic reasons, or because they feel their short commute doesn’t warrant wearing one. But wearing a helmet could make all the difference, and could even save a life.

2. Travel with the traffic, not against it. Always ride on the right side of the road, and go with the flow of traffic. Remember that bicycles are considered vehicles too, and cyclists are responsible for adhering to the same rules of the road as drivers. If you come to a stop sign or red light, you are legally bound to stop. In addition, you are responsible for yielding to pedestrians at crosswalks, just as motorists are.
Continue reading

October 7, 2013

Junior Operator Cited After Weekend Crash in South End

by Altman & Altman

A 17-year-old was cited after she struck and seriously injured a couple and their infant child in the South End on Sunday afternoon.

According to witnesses and investigators, the teenager hit the couple and child as they were crossing the street near Columbus Avenue and Dartmouth Street. The teen’s car also hit a pole and the side of a brownstone at Lawrence and Dartmouth streets. The couple and their child were taken to Tufts Medical Center and Beth Israel Deaconess Medical Center for serious injuries. The child was not seriously injured and was released to family members. The father was admitted for a leg and head injury, and the mother suffered serious head and neck trauma.

4-25-13%20blog2.jpg The driver was operating with a junior operator’s license, and had been driving with another 17-year-old in the car; a violation of J.O.L passenger restrictions. According to Massachusetts Law, junior operators may not operate a motor vehicle within the first six months of obtaining his or her license with an individual under the age of 18 years, unless accompanied by a person who is at least 21 years old, has at least one year of driving experience, holds a valid driver’s license from Massachusetts or another state, and is occupying the passenger seat. Violations of this restriction may result in the driver having his or her license suspended for 60-days and paying a $100 license reinstatement fee for the first offense. Subsequent offenses result in a longer suspension period, taking a Driver Attitudinal Retraining Course, as well as a reinstatement fee.

The teenager was most likely cited for the passenger violation, as well as operating to endanger, negligent operation, and reckless driving, which carries a license suspension of 180 days and a reinstatement fee of $500, for the first offense. The cause of the crash remains under investigation.
Continue reading

October 2, 2013

4 Things You Should Know If You Are Involved In a Massachusetts Auto Accident

by Altman & Altman

Auto accidents occur every day in Massachusetts. While some auto accidents are minor fender benders that result in only minor property damage, many motor vehicle crashes are major accidents that may result in serious injury. If you have found yourself the victim or at fault-party of a motor vehicle accident, here are four things you should know:

1.) You may collect lost wages if you miss time at work due to a car accident injury.
In the event you are involved in an accident and the injuries you sustained prevent you from working, you may be entitled to reimbursement of 75% of your lost wages. These wages may be payable under the Personal Injury Protection (PIP) portion of your motor vehicle insurance. You have $8,000 of coverage under this policy, and this money may be applied to medical bills and/or lost wages.

2.) Most accident-related medical expenses are covered, even if you don’t have health insurance.
Under M.G.L. c. 90 § 34, “The PIP Statute,” your motor vehicle insurance carrier will pay the first $2,000 of your medical bills in nearly all circumstances, including if you were found at-fault for the accident. The remainder of your medical expenses will be covered under your health insurance policy. If you do not have health insurance, your motor vehicle insurer will pay for those bills, but only up to $8,000. In certain cases, people will have Medical Payment coverage as part of their motor vehicle insurance policy, and that coverage will go towards payment of additional medical bills one the primary coverage has been exhausted.

3.) If you were hit by a car with no insurance coverage you can still make a bodily injury claim.
We find this happens more often than you would think; people forget to renew their insurance coverage, send a payment in late, or accidentally have their coverage lapse. When this happens, they are driving an uninsured motor vehicle. If you happen to be the victim of being struck by an uninsured vehicle your own insurance policy will most likely provide you not only medical coverage benefits, but bodily injury benefits as well.
It is always a good idea to consult with your agent to ensure that all your policies are active and in place.

4.) Even if you are initially found at fault for the accident, you can challenge the liability decision.
Often times, insurance companies jump to conclusions when determining liability. We have helped numerous clients challenge the decisions made by insurance companies and we have a proven track record of successfully overturning their initial decision. We do this through witness statement, hiring investigators, and other various means to help prove our case.
Continue reading

September 26, 2013

Truck Involved in I-93 Crash Violated Numerous Safety Codes, State Police Inspection Shows

by Altman & Altman

An inspection report by the Maine State Police found that the truck and trailer that caused a fatal accident on Interstate 93 last week had violated safety codes and should have been taken out of service.

Part of the wheel assembly detached from a trailer hauling a modular home traveling southbound in Hooksett, New Hampshire on September 18. According to police, a wheel flew off the trailer, struck a northbound police cruiser, and bounced back into the southbound lane, subsequently striking another car, and killing the driver. The trailer, which belongs to Crawford Homes, Inc. which manufactures modular homes, violated numerous safety protocols.

In the report, State Police found that the trailer’s brakes were “inadequate” for safe stopping, as they were contaminated with grease and oil. In addition, the brake hose on one of the truck’s axels had deteriorated and was scraping against another piece of the truck. State Police reports also showed an issue with the service brake, in that when applied, there was significant air loss from the canister. Finally, the trailer’s remaining wheels had improper emergency braking. Safety records from the Federal Motor Carrier Safety Administration indicate that prior to this incident neither the company’s trucks nor drivers had been involved in an accident in two years.

Trucking companies have a lot at stake, as injuries from these types of accidents often tend to be serious or fatal, as, unfortunately was illustrated in the accident last week. Subsequent to any accident, trucking companies may hire a team of investigators in order to mitigate the liability as well as the legal costs associated with the accident. After an accident occurs, it is imperative for the victim and the victim’s family to seek legal counsel with an experienced attorney. Some of the major causes of these types of accidents include driver fatigue, equipment failure, negligent maintenance, overload or improper loading of truck, driver inattention, non-compliance with federal regulations, and speeding. While it is still under investigation, negligent maintenance and equipment failure seem to be the two most prominent factors in what caused last week’s fatal accident.
Continue reading

September 17, 2013

Waltham Boy Airlifted After Being Hit by Truck

by Altman & Altman

A 12-year-old Waltham boy was seriously injured after he was struck by a dump truck while riding his bike this morning.

According to police reports, the young man was hit near Pine Street in Waltham by a 22-year-driver of a dump truck. The boy was not wearing a helmet at the time of the accident, and was conscious when rescue officials arrived at the scene. He was flown by helicopter to Children’s Hospital in Boston to be treated for severe head and elbow lacerations.

With school back in session, it is important for drivers to be aware of the extra foot and bicycle traffic on the roads during the morning commute. This instance is an unfortunate example of how inattention can lead to a serious accident, injury, and sometimes death.

Pedestrians and bicyclists are extremely vulnerable compared to passengers to a motor vehicle because they do not have any physical barriers to protect themselves if they are hit by a car, truck, or any other vehicle or object on the road. Boston and the surrounding Massachusetts communities, like Waltham, are filled with activity and traffic that pose serious threats to pedestrians’ and bicyclists’ safety. Broken bones, serious cuts and lacerations, bruises, skin burns, spinal cord injuries, brain injuries, and even death are common injuries of pedestrian and bicycle accidents.

Both pedestrians and bicyclists can do their part to increase their own safety by:
• Always wearing a helmet while riding a bike. Helmets are the most practical way to prevent a serious head or brain injury in the event of an accident.
• Wearing bright or reflective clothing, carrying a flashlight or wearing a flashing headlamp when walking or riding at dusk and at night. Wearing dark clothing makes it harder for drivers to see, but wearing reflective clothing will ensure that you will be better seen by vehicle operators.
• Walk on sidewalks whenever possible or walk against traffic when there are no sidewalks.
• Ride in designated bike lanes, use proper hand-gestures to signal turns, and follow the rules of the road. Remember that bicyclists must follow the same rules as cars.
• Cross at designated crosswalks and avoid jaywalking whenever possible.
Continue reading

September 3, 2013

New Rule Seeks to Hold Those Who Text Drivers Responsible for Crashes

by Altman & Altman

It’s a statement that’s engrained in every driver’s head: “Don’t text and drive.” While Massachusetts and nearly every state across the nation have imposed laws against texting or using a cell phone while driving, one New Jersey state appeals court, has developed a new addendum for people who text drivers. Under this addendum, people who knowingly text a person who is driving, may be held liable if the driver causes an accident.

The idea may seem farfetched to some, but in fact, a couple from New Jersey used the notion as grounds for a lawsuit they filed against two teenagers. In 2009, the couple Mr. and Mrs. Kubert, were struck head-on while riding a motorcycle by then-18-year-old Kyle Best. Best was behind the wheel of his pickup truck while travelling down a rural highway road, when his friend Shannon Colonna, sent him a text message. Upon opening the message, Best’s truck crossed the center line and hit the Kuberts causing, in what court documents described as, a gruesome accident.

Both the Kuberts lost their legs in the accident. According to police and court documents, immediately following the incident, Best called 911, hung up, and then continued to receive at least two more messages from Colonna.

The Kuberts sued Best, but they also included Colonna in the lawsuit. To the Kuberts, had it not been for Shannon Colonna’s texts, Kyle Best would not have been distracted. They concluded that she was also responsible for their pain and loss. Though the Kubert’s initially lost against Colonna, they appealed the court’s decision. Their attorney, Stephen Weinstein argued that Colonna was “electronically in the car with the driver” and could essentially be treated like someone sitting next to Best, willfully distracting him. Despite the argument’s being unlikely to work, three New Jersey judges agreed with it – in theory.
Continue reading

July 10, 2013

Two Plymouth Teens Injured in Texting and Driving Crash

by Altman & Altman

Police in Plymouth have cited texting while driving as the cause of a crash that left two teens injured early Tuesday morning.

A 19-year-old Manomet woman and her 18-year-old brother were struck head on by another vehicle while they were traveling on State Road shortly after 1 a.m. on Tuesday. The other driver, identified as a 19-year old man from Plymouth, strayed into the other lane and caused the crash near Melix Avenue. Police said that the 19-year-old male had been texting before the accident, and he was cited on charges of driving to endanger, committing a marked-lane violation, and texting while driving.

The brother and sister were taken to South Shore Hospital in Weymouth with serious, but non-life threatening injuries. The male driver was not injured in the accident.

Texting and driving has become a serious epidemic in the United States, not just with teenage drivers but with seasoned drivers as well. According to the Center of Disease Control and Prevention, about 20% of all car accidents are caused by distracted driving. In 2011 alone, 3,331 people were killed and 387,000 were injured as the result of distracted driving.

Massachusetts has a zero tolerance policy when it comes to texting and driving. Though individuals over 18 are allowed to talk on a cell phone while driving, all drivers, no matter what age or what type of license they carry, are banned from text messaging while operating a motor vehicle.

Drivers speaking on a cell phone are 4 times more likely to cause an accident. A person who is texting while driving is 23 times more likely to get into an accident than someone who is not distracted. According to the Ad Council, 5 seconds is the average time a person’s eyes are taken off the road while texting. At 55mph, that’s the equivalent of driving the length of an entire football field while blindfolded.

Texting is not the only type of distraction drivers can engage in while driving. Rather there are three types of distractions:

• Visual: taking eyes off of the road • Manual: taking hands off of the wheel • Cognitive: taking mind off of driving
Some common examples of distracted driving include:

• Cellphone or smartphone use • Eating or drinking • Talking to passengers • Daydreaming • Grooming • Reading, including maps • Using a navigation system • Watching a video • Adjusting the radio Continue reading

July 2, 2013

Worcester Police Investigate the City’s Third Pedestrian Fatality

by Altman & Altman

Worcester police are investigating a fatal pedestrian accident that left a 67-year old man dead last Friday night.

The victim’s neighbor, Christopher Maider, found the man lying face down in the road around 9:30 p.m. Friday. Police said the victim was crossing the road when he was struck by a 63-year-old female driver. He did not cross at a crosswalk, however. The female driver did stop, and no charges have been filed since the incident.

According to Maider, the street where the incident took place is especially busy, and he said he doesn’t feel safe walking down that street.

“If I went to this crosswalk and stood there, nobody would stop, which is the motor vehicle law. You see somebody in the crosswalk, you are required to stop; that’s the law. That’ll never happen here,” Maider said.

Sadly, this incident marks the third pedestrian fatality in the city of Worcester, alone, and it serves as a grave reminder to both pedestrians and drivers to be vigilant and safe on the roadways.

Pedestrian accidents account for more than 13% of all traffic fatalities. Pedestrians also make up 3% of all persons injured in motor vehicle accidents. The National Highway Traffic Safety Administration (NHTSA) estimates that a pedestrian is injured every eight minutes and one pedestrian dies every two hours as the result of a traffic accident in the United States.
Continue reading

June 17, 2013

Study Finds Voice-to-Text is Just as Distracting as Manual Texting

by Altman & Altman

If you are under the assumption that hands-free texting is safer than manual texting, think again. A recent study published by AAA found that using voice-to-text devices are extremely dangerous and mentally distracting despite the fact that they are hands free.

The study comes in wake of a new projected five-fold increase of vehicles with elaborate infotainment systems, by 2018. With more and more cars with “smart” technology joining the road today, AAA is requesting its research be taken into consideration by car and tech manufacturers.

“It’s time to consider limiting new and potentially dangerous mental distractions built into cars, particularly with the common misperception that hands-free means risk-free,” Lloyd P. Albert, AAA Southern New England Senior Vice President of Public and Government Affairs said.

AAA’s study, which was conducted at the University of Utah, found that as these mental distractions increase:

• Reaction time slows • Brain function is compromised • Drivers scan the road less and miss visual cues, which may result in drivers missing objects in front of them such as pedestrians, or running stop signs and traffic signals.

Dr. David Strayer, a cognitive distraction expert at the University of Utah, and his research team, measured brainwaves and eye movements of drivers to evaluate the effects of multitasking and using devices while driving on mental workloads. The team conducted a series of tests and used cameras inside an instrumented car to track drivers’ eye movements, detection-response-task (DRT) devices to record driver responses, as well as a special electroencephalographic (EEG)-configured skull cap to measure brain activity so that researchers could determine drivers’ mental workloads.

Subjects performed a series of tasks while driving including, listening to the radio, talking on the cell phone (both handheld and hands-free) and listening and responding to in-vehicle, voice-activated email features, and researchers rated these tasks on a scale of 1 to 5 (with 5 being the highest level of distraction). Researchers concluded that listening to the radio ranked as a category “1” level distraction or minimal risk. Talking on a cell-phone or passenger in a car ranked in category “2” and posed moderate risks.
Continue reading