Driver Safety

September 28, 2011

Driver in Head-On Collision Pleads Guilty to Driving to Endanger

Danielle Morin, a 23-year-old woman, was given a suspended jail sentence and probation after pleading guilty to causing a March head-on collision in Attleboro. In the Attleboro District Court, Morin was given a two-year jail sentence, which was suspended for two years with probation by Judge Daniel O’Shea after she had pleaded guilty to driving to endanger.

The March 5 head-on collision occurred around 9:30 p.m., when a passenger in the rear seat of Morin’s car allegedly put her hands over Morin’s eyes, which caused her to lose control of the car and crash into an oncoming car. The passenger, Latoya Garnes, 26, who allegedly covered Morin’s eyes, is scheduled to face trial on October 5. She pleaded innocent to assault and battery by means of a dangerous weapon, being disorderly, possession of an open container of alcohol and malicious damage. Police found a bottle of vodka, an open bottle of whiskey and a can of beer in the back seat of the vehicle. Morin, the driver, did not have alcohol on her breath and was not charged with drunken driving, according to court records. Morin was found responsible on civil charges of failing to drive within marked lanes and driving with an open container of alcohol, which were filed by the court.

O’Shea additionally ordered Morin to attend the Brains at Risk Program, which is a program to promote awareness about traumatic brain injuries and promote responsible driving. The Brian Injury Association of Massachusetts uses video, graphics, and group discussions as learning tools to demonstrate the importance of choices made by drivers and the potential impact of irresponsible driving.

The accident injured all three people in the other car. Jessica Coburn, 32, of Attleboro, and her 13-year-old daughter Janessa suffered from serious injuries while Scott Wilkins, 38, of Attleboro, had an arm injury. Coburn spent approximately a month in the hospital and another three months in a wheelchair from hip, leg and chest injuries.

If you have been involved in a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Source:

Driver pleads guilty to causing head-on crash, The Sun Chronicle, September 28, 2011
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Drunk Driver Causes Fatal Accident on Interstate 95
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May 25, 2011

Breathalyzer Test Records Not Considered Testimony In Massachusetts Supreme Judicial Court for Convicted Drunk Drivers

by Altman & Altman

The Massachusetts Supreme Judicial Court has ruled that prosecutors no longer have to ask a technician to testify that the breathalyzer machine was functioning correctly in drinking and driving cases. In the Commonwealth v. Zoanne Zeininger, SJC-10758, the state’s highest court refuted claims by Zoanne Zeininger, who had a breathalyzer test administered and was then convicted of operating a motor vehicle under the influence, that the certification of the machine and maintenance records was testimony and thus the technician who had prepared them should be cross-examined by her defense.

Zeininger´s defense argued that the Constitution´s Sixth Amendment gives people the right to cross-examine the witnesses against them and also referred to a United States Supreme Court case, Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), in which justices ruled that drug lab experts should testify because drug analysis certificates were used as testimony. The Court resolved that it was a violation of the Sixth Amendment right of confrontation for a prosecutor to submit a drug test report without the lab technician´s testimony.

The Massachusetts Supreme Judicial Court also referred to a section of the Melendez-Diaz case in which it admitted that “documents prepared in the regular course of equipment maintenance may well qualify as nontestimonial records.” Thus, as written by Justice Robert Cordy, in Commonwealth v. Zoanne Zeininger, the court ruled that the “records are non-testimonial, and their admission without the live testimony of the technician who prepared them did not violate the confrontation clause of the Sixth Amendment.” They also noted that such machine and maintenance records were solely office records, in order to “guarantee, internally, as a matter of course, and when necessary, in court, the accuracy and standardization of all breathalyzer testing across the various police departments of the Commonwealth.”

David E. Sullivan, Northwestern District Attorney, commented “I am very pleased that the SJC accepted our argument that requiring breathalyzer technicians to testify in every OUI trial is wholly unnecessary.”

If you have been in a Massachusetts car accident involving drinking and driving, it is in your best interest to contact an experienced a Massachusetts car accident lawyer.

Source:

SJC rejects challenge to breathalyzer test certification, Boston Globe, May 24, 2011

Keeping Safe on the Roads; May is National Bike Safety Month

by Altman & Altman

May is National Bike Safety Month. Bike fatalities and bike accidents with other vehicles plague the whole of Massachusetts in cities, on college campuses, and in rural areas alike. Because bicyclists have very little protection against cars or other large vehicles, the effects are more often than not, very severe. Unlike riding in a car, where the driver and passengers have protection such as seat belts, airbags, and other protection, bicyclists´ only protection is a helmet.

The National Highway Traffic Safety Administration (NHTSA) reports that in 2009 alone, 630 cyclists were killed in the United States. In addition to this, 51,000 were injured in motor vehicle traffic accidents. Cyclist deaths thus made up 2% of all motor vehicle accident fatalities. Approximately 70% of all bicycle fatalities happen in urban centers where there are more cars and bikes on the road. The NHTSA also reports that bicycle helmets are 85% to 88% effective at preventing head injuries and death. However, the statistics show that less than 25% of all bicyclists wear a helmet.

Here in Massachusetts, the Massachusetts Department of Transportation (MassDOT) and the Massachusetts Bicycle Coalition (MassBike) have joined forces during National Bicycle Month to create Bay State Bike Week, from May 14th to 20th. Throughout the week, statewide events will be held to celebrate bicycle transportation and to promote bike safety.

In order to ensure a safe ride and to help prevent collisions with cars, here are some valuable safety tips:

• Always wear a helmet.
• Know the rules: just like motor vehicles, bikes must stop at stop signs and red lights, and only proceed when the light is green.
• Make sure your bike is in good condition before riding, especially if it has been neglected during the winter. Check the brakes, wheels, and tires.
• Always keep an eye out for open car doors, especially on narrow or busy streets.

If you have been involved or injured in a bicycle accident in Massachusetts, it is in your best interest to contact a Massachusetts bicycle accident lawyer.

Sources:

Bay State Bike Week, Massachusetts Department of Transportation
Bicycles, National Highway Traffic Safety Administration
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May 10, 2011

Single-Car Rollover Accident in Northborough

by Altman & Altman

A serious single-car rollover accident on I-290 in Northborough is under investigation. Massachusetts State Police reported that around 1 p.m. on Saturday, a Mazda rolled over in the median between the east and west-bound lanes. The female driver and the male passenger have been taken to the Worcester UMass Memorial Medical Center. Although their names have not yet been released, police confirmed that the passenger´s injuries were very severe.

Data produced by the National Highway Traffic Safety Administration shows that approximately 85% of rollover fatalities are the result of single-vehicle crashes. Most rollover accidents do not involve another vehicle and thus the status of the driver at the time of the crash is a key factor in the crash.

The Massachusetts Department of Transportation reports that 15% of vehicles involved in Massachusetts fatal crashes were rollovers in 2006.

Driving while exhausted, distracted, and under the influence can lead to a higher chance of rollover accidents. Properly inflated tires and ensuring that your cargo weight is not too heavy for your vehicle can also increase your ability to maintain vehicle control.

A tripped rollover, or a rollover caused by the tires digging into soft soil or hitting an object, can occur due to any of the following circumstances:

• Soft soil • Guardrail • Another vehicle • Steep slope
When involved in a Massachusetts car accident, it is advised that you contact an experienced Massachusetts car accident lawyer.

Sources:

Single-car rollover accident on I-290 seriously injures one, TheDailyNorthborough.com, May 07, 2011
Roadway Safety Tips, Massachusetts Department of Transportation
Related Blog Posts:

Vehicle Hit and Rolls Over on Route 9

SUV Rollover Accident in Sandisfield

Man Injured in Mass. Pike Rollover
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May 5, 2011

Vehicle Hit and Rolls Over on Route 9

by Altman & Altman

A severe two-car accident on the Boston Turnpike/Route 9 in Shrewsbury yesterday resulted in an overturned vehicle and the temporary closure of Route 9 Eastbound. A 2008 Subaru Forester, driven by Antonia Cappuccio who is 61 and from Jefferson, rolled over when she was hit by a 1995 Lincoln Continental driven by Mary Iannotti, age 84, from Worcester. Cappuccio and Iannotti both hit the center divide and the Subaru continued to rollover. The Lincoln drove off of the road to the right.

Each driver suffered injuries and were both taken to UMass Medical Center in Worcester. The two passengers in the Subaru were also taken to the hospital, one of which was a young child
who was taken to be evaluated.

The cause of this accident continues to be under investigation by an accident reconstruction team and the Shrewsbury Police.

Rollover accidents can occur in many different circumstances. The National Highway Traffic Safety Administration warns that there is a greater rollover risk if:

• The driver is inexperienced or fatigued • The driver is distracted • The tires are not the correct size for the vehicle • The tires are improperly inflated
• Cargo or passenger weight surpasses the recommended weight found in the vehicle´s user manual.

If you have been involved in a Massachusetts car accident, it is advised that you contact an experienced Massachusetts car accident lawyer.

Source:

Major accident snarls Route 9 in Shrewsbury, The Shrewsbury Lantern, May 3, 2011
Rollover, safecar.gov
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2-year-old in Car Seat Survives Fatal Crash in Raynham

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April 28, 2011

National Highway Traffic Safety Administration Warns of Vehicle Safety and Odometer Fraud

by Altman & Altman

The National Highway Traffic Safety Administration has recently reported on odometer fraud and the importance of thoroughly inspecting a used car before purchasing it. When purchasing a used car, buyers usually inspect seatbelts, brakes, and air bags. However, the NHTSA’s Office of Odometer Fraud Investigations, is urging used-car buyers to also now consider odometers in order to prevent possible car accidents and ensure a safe drive.

The Office of Odometer Fraud Investigations (OFI) advises used-car buyers to be exceedingly scrupulous in order to guarantee that a car’s safety features have not been tampered with or that a seller has not rolled back the odometer. Because car professionals and automakers recommend part replacements, tune-ups, and oil-changes based on a car’s mileage, a faulty odometer reading can jeopardize the overall safety of a vehicle and result in a car accident. OFI reports that even a newer car’s odometer can be tampered with, leading one to believe that a car is safer and more valuable than it actually is.

Under Federal law, the odometer law (49 U.S.C. Chapter 327/Public Law 103-272) prohibits the disconnection, resetting, or alteration of a car’s odometer with intention of changing its number of miles.

When inspecting the safety features of a vehicle, some key items to help determine whether or not an odometer has been tampered with are:

• The overall performance and condition of the vehicle
• Statements from previous owner, repair receipts, service stickers, or any other document that shows a mileage discrepancy
• If previously owned, you can contact your state motor vehicle titling and registration office to obtain title and title transfer documents pertaining to your vehicle.

The OFI has convicted over 240 criminals in over than 30 states and has reimbursed over $10 million in court orders. Prison sentences for tampering with an odometer range from one month to eight years.

If you or your loved one has been injured in a car accident in which you suspect faulty parts or odometer fraud, it is advised that you contact an experienced Massachusetts car accident lawyer.

Sources:

Vehicle odometer fraud jeopardizes safety…and pocketbooks, Department of Transportation, National Highway Traffic Safety Administration, April 19, 2011

Office of Odometer Fraud Investigations, National Highway Traffic Safety Administration Continue reading

April 4, 2011

Ipswich Teenager Faces Charges for Breaking Massachusetts Junior Drivers’ License Law

by Altman & Altman

A teenager from Ipswich faces charges for breaking the Massachusetts junior drivers’ license law by driving after midnight. Drivers under the age of 18 are not allowed to drive between 12:30 a.m. and 5 a.m. After speeding and crashing his car in Gloucester around 1:30 a.m. on Friday morning, 17-year-old Alden Burnham told police that he had slid on snow and into a rock. Police have reported that when they arrived at the scene, there were approximately 40 feet of skid marks on about 4 inches of snow on the unplowed road. Burnham was not injured in this accident.

Such charges are very common amongst young drivers. In an effort to minimize teen accidents and teen driving fatalities, the state has adopted and implemented rules for junior drivers. Because car accidents are the most prominent killer of teens in the nation and young drivers are four times more likely to be killed and 14 times more likely to be injured than any other age group, the state has recently revised and toughened its junior driving law. Drivers under the age of 18 in Massachusetts can now expect to face multiple charges or license restrictions if they violate any of the following state laws:

• Not allowed to carry passengers for first 6 months (other than parents)
• Time Restriction Violation, 12:30 a.m. – 5 a.m.
• Operating to Endanger/Recklessly or Negligent • Drag-Racing not permitted • Speeding not permitte • Conviction for the use of a mobile electronic device (text or phone)
• Negligent operation and injury from mobile phone use
The first-offense charges for violating the time restriction is a 60-day license suspension and a $100 reinstatement fee.

If you or your loved one has been involved in a car accident, contact on of our experienced Massachusetts Car Accident Lawyers for a free consultation.

Sources:

Ipswich teen charged in Gloucester accident, The Salem News, April 2, 2011
Junior Operator License, Massachusetts Department of Transportation, mass.gov Continue reading

March 24, 2011

SUV Rollover Accident in Sandisfield

by Altman & Altman

In Sandisfield, Southern Berkshire County, a woman driving an SUV has been severely injured after her vehicle flipped over in a single-car accident. Massachusetts State Police have reported that Jazmine Solero, 33, of New York, was driving four passengers on Route 8 in an Isuzu Rodeo. Because of ice and snow, Solero lost control and veered off of the road into an embankment. Her vehicle then crashed into a telephone pole and flipped over. Solero was trapped inside until the emergency crew pulled her from the wreck. All four passengers, two in their twenties and two teenagers, are reported to have potentially serious injuries but the extent of which is unknown. Police have confirmed that Solero was not speeding when the accident occurred.

The National Highway Traffic Safety Administration (NHTSA) rates the Isuzu Rodeo with an average of three out five stars for rollover safety on models made between 1990 and 2010. They also explain that rollover accidents have a higher fatality rate than other types of crashes and are most likely to happen on rural roads as almost 75% of all rollover accidents occur on rural roads. As a precaution for drivers, the NHTSA provides these safety tips on how to prevent a rollover accident:

• Use extra caution on rural roads and highways, especially on undivided two-way roads. Soft shoulders or embankments can increase chances of flipping.
• Avoid panicked or quick steering; quickly overcorrecting steering at high speeds can result in loss of control and rolling over.
• Maintain tires with the correct amount of air. This will help the driver to control the vehicle and prevent a vehicle from sliding on wet or icy pavement.
• Know your vehicle’s weight limit. Find your car’s suggested weight limit in your car’s owner manual to ensure that the vehicle load does not exceed the suggested safe load.

If you or your loved one has been injured in an accident, please do not hesitate to contact one of our experienced Massachusetts Car Accident Lawyers for advice and a free consultation.

Sources:

Five injured in Sandisfield SUV crash, 22News, wwlp.com, March 22, 2011
5-Star Safety Ratings, National Highway Traffic Safety Administration Continue reading

March 4, 2011

Massachusetts Man Injured With Head and Face Trauma after Struck by Ice From Passing Truck

by Altman & Altman

A Massachusetts man suffered critical head and face trauma after chunks of ice fell off of a passing truck trailer on Route 31 in New Hampshire. Stanley Raczelowski, of Westford, Massachusetts, was driving northbound when the ice fell from a truck heading southbound near the town of Mason, New Hampshire. There are no witnesses of this single-car accident. Although it is possible that the driver was unaware of ice falling off of his or her vehicle, the driver, owner, or company of the truck, have not yet been found or identified.

Police reported that Raczelowski was first taken to Monadnock Regional Hospital and then transferred to a Worcester, Massachusetts, hospital for more treatment.

In New Hampshire, drivers who do not clear ice off of their vehicle can be charged with $250 to $500 and negligent driving. Known as “Jessica’s Law”, this legislation was passed after Jessica Smith was killed in 1999 in an accident in which the driver of a state truck lost control and crashed into her vehicle after he was struck by a 9-foot piece of ice that flew off of a passing trailer truck.

In Massachusetts, State Representative Cleon Turner is currently pushing for this same type of law. Turner argues “I’m…concerned about having legislation there or a statute there eventually that will give police the tools they need to stop a vehicle and say, ‘Look. You need to clean the snow off your vehicle because it’s dangerous.'” He said that the amount of the fine is negotiable but the concept that drivers should completely clear the snow off of their cars should be mandatory for the safety of other drivers.

If you have been involved in a car accident and would like a free consultation, please do not hesitate to contact one of our experienced lawyers.

Sources:

Flying ice causes Greenville accident, The Telegraph and NashuaTelegraph.com, March 4, 2011

Lawmaker proposes fine for not clearing snow off cars, 7-News whdh.com, February 4, 2011 Continue reading

March 2, 2011

Revere Accident Caused By Drunk Driver

by Altman & Altman

A two-car crash in Revere yesterday is under investigation. The driver of a Volkswagen was taken to Massachusetts General Hospital after he was hit by a drunk driver in a Lincoln. Both the driver and passenger of the Lincoln were reported to be drunk but only one of them was arrested as the other fled the scene. The extent of the injured man’s condition is unknown but the jaws of life were needed to extricate him from his vehicle.

Drinking and driving, as well as fleeing the scene of an accident, is illegal and can result in arrest, fines and/or imprisonment. Although it is sometimes impossible to prevent an accident from happening, especially when a drunk driver is involved, it is important to take caution and be a defensive driver. In order to protect yourself from drunk drivers on the road, here are a few tips to keep in mind:

• Always wear your seatbelt and make sure your passengers do the same.

• Be an alert driver and try to stay away from other drivers who appear to be intoxicated or distracted and/or are swerving.

• Stop driving if you are tired or weary. This not only causes you to be a potentially unsafe driver, but you also might not notice drunk drivers around you.

• Make sure your car’s safety features have recently been inspected and are fully functioning.

• Be aware of what time you are driving. In 2004, 39.6% of drunk driving accidents happened between 10pm and 2am, and 37.5% of drunk driving accidents happened on Friday or Saturday nights.

Our lawyers have over 25 years of experience representing car accident victims throughout Massachusetts. Please do not hesitate to contact us if you have a question on a case or would like a free consultation.

Sources:

Drunk driving likely cause of 2-car crash in Revere, 7-News whdh.com, March 1, 2011
How to Protect Yourself from Drunk Drivers, DrunkDriving.com Continue reading