Driver Safety

June 9, 2016

Distracted Driving Accidents in Boston

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

June 3, 2016

100 Deadliest Days – Why Driving in the Summertime is so Dangerous

by Altman & Altman

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

May 26, 2016

Click It or Ticket Campaign Kicks Off in Massachusetts

by Altman & Altman

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

March 2, 2016

Helping an Older Loved One Cope with Hanging up the Keys

by Altman & Altman

The debate about when senior drivers should hand over their keys has being going on for decades. It’s widely understood that as we age, our driving abilities become a bit less “sharp.” Vision and hearing problems are often among the first issues to present themselves. Many seniors self-regulate by not driving at night, or wearing hearing-aids. Getting old doesn’t have to translate to bad driving. Every person is different; some may have difficulty driving safely at 65 while others are doing just fine at 90. One thing is for certain, however. Hanging up the car keys for good often comes with an overwhelming sense of personal freedom loss. For this reason, seniors are often hesitant to heed the advice of loved ones when the time comes. Contact a Boston Motor Vehicle Accident Lawyer Today.

As the American population ages, the debate of safety vs. freedom continues to grow. Age is, indeed, just a number. Stereotyping seniors as bad drivers can do more harm than good. There is no magic age at which driving is no longer safe. According to the University of Massachusetts in Boston, about 75% of American seniors over the age of 80 are still driving. In Massachusetts, seniors account for approximately 20% of auto accidents that result in hospitalization.

Over 75? Massachusetts Requires In-Person License Renewal

February 23, 2016

47 Million Vehicles with Outstanding Recalls Are Cruising Down America’s Roadways

by Altman & Altman

According to Carfax, an online service providing information on vehicle history, about 47 million vehicles on American roadways have one or more outstanding safety recalls. Many of the outstanding recalls are for vehicles that have been bought, sold, and traded multiple times. In these cases, it may be difficult to obtain recall information about a specific car or truck. Although one might think that dealerships are morally obligated to clear recalls before selling a used car, that is unfortunately not the case. At least not yet. Contact a Boston Motor Vehicle Accident Attorney Today.

With the advancement of technology becoming more rapid every year, the production cycles for vehicle models are getting shorter. New models used to hit the market every four or five years. Now it’s every two to three. Shorter production cycles mean less time for safety testing. The result is an onslaught of issues, with safety and with customer satisfaction. Last year saw a recall increase of about one million from the previous year.

How Do I Protect Myself?

For starters, if your vehicle is recalled, make sure you have the work done as soon as possible. The issue may seem insignificant, but even minor defects can turn into major problems if left unresolved. Don’t let the perceived inconvenience of taking your vehicle in for repairs put you and your family in harm’s way.

Check Your Vehicle’s History. If you are purchasing a car or truck from a dealership, request that a recall report is included as part of the purchase. If they are unwilling or unable, you should be able to find recall history by visiting nhtsa.gov. Once on the site, go to ‘vehicle safety’ on the pull-down menu, then click on ‘recalls and defects.’ You can also enter the vehicle’s WIN (vehicle identification number). If you do find outstanding recall information, demand that the work is completed before you will complete the purchase.

In most cases, recall information is easy to find. However, tracking down recall information on very old cars and trucks may be difficult. Typically, once you locate open recalls, you can get the work completed with relative speed and ease. But you may find it a bit more challenging if you have an off-brand vehicle. Either way, it’s important to get repair work done when you discover an open recall. “Many people are still unnecessarily risking their lives by not staying informed or taking action when their vehicle is under a recall,” says Larry Gamache, a Carfax spokesman. “It’s one of the many reasons family-oriented vehicles, including one in four minivans, are the most highly impacted.” Continue reading

January 28, 2016

Minor Car Accidents: To Report, or Not to Report?

by Altman & Altman

There are thousands of car accidents every day in the United States. In fact, in a single year there are typically over five million crashes, according to data from the National Highway Traffic Safety Administration (NHTSA). If that number sounds high, it’s because more than 50% of those accidents are minor. For many people, this brings up the following question: Do I need to report a minor traffic accident in which no injuries occurred? Contact a Boston Motor Vehicle Accident Attorney Today.

Especially in and around cities, heavy traffic can make accidents difficult to avoid. Thousands of people, many of whom are running late for work or to get to a child’s sporting event, weave in and out of congested traffic, increasing the likelihood of an accident with every vehicle they pass. Heavy traffic also means lots of stopping and starting, both of which can increase your risk of hitting the car in front of you or being rear-ended.

Do I Need to Report a Fender Bender?

When minor accidents or fender benders occur, what should you do? Well, much of that answer depends on the state you are in when the accident occurs. In Massachusetts, you must contact law enforcement at the time of the accident, and submit a motor vehicle crash operator report within 5 days of the accident, if either of the following circumstances are present:

The accident resulted in injury or death
Damage to one person’s property or vehicle exceeded $1,000.00
Never Leave the Scene of an Accident

If nobody was injured and property damage is under $1,000, the accident does not need to be reported. However, do not confuse the reporting exemption with the ability to leave the scene of an accident. If you are involved in any type of auto accident, regardless of how minor, you are required to stop and exchange information with the other parties involved. In Massachusetts, the information you are required to provide to the other motorist(s) is:

Name, address, and phone number
Driver’s license number
License plate number
Insurance information

It should be noted that if you leave the sign of an accident, even if no property damage or injuries occurred, your driving privileges may be suspended.

Do I Need to Contact My Insurance Company?

Every auto insurance carrier requires immediate reporting of motor vehicle accidents. If you fail to do so, the decision may come back to bite you. For example, if the other driver notices property damage a few days later and files a claim, you may be denied coverage due to your failure to report the accident when it occurred. Continue reading

December 22, 2015

Automatic Crash Notification Systems Save Car Accident Victims’ Lives

by Altman & Altman

According to the US Department of Transportation, there are approximately 33,000 motor vehicle deaths each year in this country. When an accident results in serious injuries, the speed with which emergency responders reach the victim(s) has a direct impact on their chance of recovery and survival. Response time has become much quicker in the last decade, with many people having some type of smartphone or similar device on them at all times. As long as cell reception is strong enough, and someone in the vehicle is conscious and able to reach the device, it is possible to call, text, or email for help.

But what if any of those factors are not present? What if the accident occurs in a rural area with no cell service? What if the victim is unconscious or the cell phone is out of reach? In these situations, an automatic crash notification (ACN) system could save the victim’s life. Contact a Boston Motor Vehicle Accident Lawyer Today.

Advanced Features Provide More Detailed Information

General Motor’s OnStar service was the first ACN to arrive on the market in the late 90s, however, today’s systems are much more sophisticated. Newer ACN systems include advanced features, such as the ability to transmit details specific to the crash and vehicle. For example, information including changes in vehicle speed, the direction of impact, and even whether or not a seatbelt was being used, can all be relayed to the operator. This allows the operator to more accurately assess the situation and determine what kind of emergency services to dispatch. Due to their advanced features, the newer systems are called advanced automatic crash notification (AACN) systems.

The Golden Hour

According to Stephen Ridella, director of the Office of Vehicle Crashworthiness Research for the National Highway Traffic Safety Administration (NHTSA), up to 300 lives are saved every year due to AACN systems. Time is of the essence following a serious motor vehicle accident. A lot of crash victims die en route to the hospital. “There’s something called a ‘golden hour’ where if you get a person to a physician within one hour [of a serious injury] their chance of survival goes up a lot,” said Ridella. In addition to quicker response time, AACN systems allow emergency workers to arrive at the scene equipped with knowledge and important information about the crash. In some instances, this information can tell responders if an ambulance or a helicopter will reach the victim(s) faster.

There are several types of ACN and AACN systems on the market, and they vary based on the manufacturer. Some systems call a service operator who reaches out to the appropriate emergency responders when necessary, while others use Bluetooth to contact 911 directly. Ridella hopes that more vehicle manufacturers will realize the benefits of ACNs and begin to make this life-saving technology more available. “We won’t rate cars differently for not having it but we want to make the industry aware that we believe this technology can save lives,” said Ridella. Continue reading

November 30, 2015

MA Insurance Companies Often Favor Profit Over Policyholder Safety: Where Does Your Company Rank?

by Altman & Altman

More than 100 auto repair shops around the United States are in the midst of fiery lawsuits against a number of insurance companies who are purportedly favoring profit over their clients’ safety.

Massachusetts resident Katherine Spiers is one victim among thousands, according to Watch 5 Investigates, who is speaking out against her insurance company since experiencing numerous issues with her car after she brought it to an insurance-approved body shop to be fixed. According to Watch 5 Investigates, Spiers says she took her Toyota Corolla in for repairs and when she got it back, that’s when the issues unfolded. Mold had developed in the foam of her back seat due to leaks from poor bodywork, and the car’s gas door repeatedly popped open whenever she shut the car door. Spiers learned that her Corolla’s original parts were replaced with cheaper parts that were never crash-tested.

Many repair specialists warn consumers about the dangers of going to an insurance-preferred body shop, with the notion that insurance companies will request these body shops to cut corners and use substandard or dangerous replacement parts in order to save money and increase shareholder profits at the expense of their policy holders. What some Massachusetts drivers do not know though, is that they can bring a car to any registered auto body shop and the shop can guarantee work, with the insurance company footing the bill, Watch 5 says.

November 19, 2015

Hands-Free Law ‘Right Around the Corner’ for Drivers in MA

by Altman & Altman

According to the Massachusetts State House News Service, it will be prohibited to use a hand-held device while driving under new legislation that was initially approved on Tuesday. Texting while driving has been illegal in the state for five years. When it was initially passed in 2010, the law failed to impose a ban on hand-held cell phone use. For this reason, it has been nearly impossible for authorities to enforce the law.

A second vote in favor of the new bill is required to move it to the Senate, however, it is highly likely that this will happen. Tuesday’s bill was passed with zero discussion. Contact a Boston Motor Vehicle Accident Lawyer.

Are Hands-Free Devices Safer?

Although it is widely understood that cell phones and other devices are dangerous while driving, there is some controversy around the use of hands-free devices. If the new bill is passed, it will encourage drivers to use hands-free devices in place of their hand-held counterparts. However, there is some concern that such a law will mislead drivers into thinking that hands-free devices are entirely safe. The reality is, any form of multi-tasking results in a distracted driver. Approximately 26% of Boston auto accidents involve cell phone use, and this includes hands-free. In fact, new studies show that voice-to-text can be more distracting than traditional typing.

The three elements of distraction-free driving are:

Hands on the wheel

Eyes on the road

Mind on driving

Cell phones and other devices are certainly not the only form of distraction while driving. Eating, drinking, talking to passengers, dealing with pets, changing the stereo, and putting on make-up are other common examples. However, cell phone use continues to remain the most dangerous form of distracted driving.

Although hands-free devices still pose a risk, the new law does have some clear benefits. A hands-free law allows police to finally enforce the law that has been on the books for more than five years. The knowledge that a phone in the hand is equal to a fine will likely result in drivers who are more inclined to leave their phone on the passenger seat, or put it in their glove box or handbag. The use of smartphones continues to grow, and they aren’t going away. Currently, 14 states ban the use of hand-held devices while driving. These laws aren’t perfect, and they will certainly continue to evolve right along with technology, but they are a solid effort at making Massachusetts roads safer for everyone. Continue reading

November 11, 2015

Winterize Your Car in Boston – Before the Snow Starts to Fall

by Altman & Altman

With the warm weather we’ve been having this November, it almost seems as though winter has decided to skip over Boston this year. But love it or hate it, winter is on its way. Getting ready for New England’s harsh and icy winters begins early, and there’s no preparation more important than that of your vehicle. Winterizing your vehicle not only makes you more comfortable and helps your car or truck run more efficiently, it can also save your life. If you’re looking to cut costs on expenses this winter, look somewhere else. Winterizing your vehicle is essential to your safety and that of everyone you share the road with. Contact a Boston Car Accident Lawyer Today.

How to Prepare Your Vehicle for Winter Weather

Maintain your tires and get snow tires if possible. Not only is it safest to have tire tread that’s at least 1/16 of an inch, it’s the law. Snow tires are not essential, but they certainly come in handy when conditions are snowy or icy, and even during heavy rainfall.
Make sure your battery is in good working order. Cold weather can make it extremely difficult for vehicles to start, and this can be especially damaging to batteries. Unfortunately, when a battery fails it can cause damage to the vehicle’s entire system. Buy a good brand of battery and have it checked before winter sets in.
Keep the gas tank as full as possible at all times.
Inspect hoses and belts for signs of visible wear and tear, such as cracking.
Check antifreeze regularly.
Use a cold weather windshield wiper fluid that contains a deicing solution.
Use dry gas, a gas line antifreeze that does just what it says. It prevents the moisture in the fuel from freezing which can result in damage to the fuel line.
Stash an emergency kit in the trunk. If you break down, you may be stuck in the cold for an extended period of time. Having a blanket, an extra hat and gloves, bottled water, snacks, a flashlight, a shovel, road flares, jumper cables, and a bag of cat litter or sand can be more valuable than gold if you have an accident, break down or get stuck in the snow, especially at night. The cat litter or sand can help to provide traction on a slippery surface, and the flares can attract the attention of passing cars.
Altman & Altman, LLP – Boston’s Car Accident Law Firm