Driving Hazards

March 16, 2011

State Senator Katherine Clark Calls for Clearer Drunk Driving Laws in Massachusetts

In an effort to make Massachusetts drunk driving laws easier to understand and apply, State Senator Katherine Clark has called for legislation that would make the laws more comprehensible. In Massachusetts, impaired driving laws have been amended 69 times and continue to become more confusing and repeated in many places. For example, when the legislation was changed in 2005 for repeat drunk driving, not only did it adopt the new name, “Melanie’s Law,” in memory of 13-year old Melanie Powell who was killed by a repeat drunk driver, but the change added eight new sections and seven new categories of amendments to the law that was already ambiguous. As a result, the law can be construed and interpreted in many different ways.

In an article written by State Senator Clark in today’s Boston Globe, Clark writes that: “…judges, prosecutors and defense counsel struggle to apply the law. Most experts agree that the content of the law is solid, but the language needs to be re-worked to ensure protections against drunk drivers.” She continues to say, “In an effort to reorganize the Commonwealth’s OUI laws, I have filed An Act to Protect the Citizens of the Commonwealth from Drunk Drivers.” She argues that this call to clarify the law will not change the substance, criminal sentences, or penalties, but will rather make it easier to understand and use in order to protect citizens from drunk drivers.

There are approximately 13,000 Massachusetts drivers who are convicted of drinking and driving each year. In 2008 alone, there were 363 traffic fatalities due to drunk driving in Massachusetts. State Senator Clark asserts that this legislation will improve the drunk driving law to “protect the citizens of the Commonwealth.”

If you have been injured in an accident, please feel free to contact one of our experienced lawyers for a free consultation.

Source:

Clark calls for clarifying drunk driving laws, The Boston Globe, March 16, 2011 Continue reading

March 11, 2011

State Trooper Hit Head-On in Framingham

by Altman & Altman

An investigation is underway to determine if the cause of a head-on crash with a Framingham state trooper is due to a car race. Just after 1 a.m. on March 9th, State Trooper Edward Treseler was hit head-on by Alejandro Ramos, 27, of Framingham, who had crossed over the double yellow line on Route 30 in Framingham. Treseler was taken to Framingham Union Hospital and has been released. Ramos, who was not wearing his seatbelt, was taken by helicopter to Massachusetts General Hospital with severe head injuries. Driving next to Ramos’ vehicle, in the other traffic lane, was Falcaneri P. Fuentes, 31, and his passenger, Yenci Pineda, 19, also both from Framingham. Fuentes and Pineda were not injured. Police report that both vehicles were going twice the speed limit, at least 70 mph in a clearly marked 35 mph area. Neither driver has been charged yet but they will be summoned for recklessly operating a vehicle, speeding, violating a marked lane, and driving without a license.

According to State Police, Treseler was at least the 11th trooper involved in a serious accident in the past 15 months that has been attributed to civilian reckless driving, speeding, or impaired driving. This year alone, three troopers have been involved in serious car accidents. Rick Brown, President of the State Police Association of Massachusetts, says that these crashes are due to fewer troopers on the road: “We’re down almost 500 troopers, so when drivers see us every 20 or 30 miles instead of every five or 10 miles, they tend to drive faster…We haven’t had a new class in almost five years…It’s a public safety issue, and it’s something that will also protect us more.” According to David Procopio, from the Executive Office of Public Safety and Security, the last class of troopers graduated in 2006, at which point there were 2,600 troopers and now there are less than 2,100.

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 car accident lawyers.

Source:

Trooper OK after cruiser is hit head-on, Boston Globe, March 10, 2011 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

February 18, 2011

90-Day Review of Massachusetts Distracted Driving Law

by Altman & Altman

Here in Massachusetts, the Distracted Driving Law took effect on September 30, 2010, which fines motorists $100 for using cell phones to call, text, or engage in internet searches while driving in an effort to reduce the risk of Massachusetts car accidents and fatalities caused by distracted driving. In a recent 90-day study of the law, police cited only 245 people for texting while driving, which for lawmakers is surprisingly low. This is likely due to the difficulty of enforcing the law and the fact that people can still appear to be an attentive driver while using a cell phone by hiding the phone.

Director of Mechanical and Industrial Engineering at the University of Massachusetts Amherst, Dr. Don Fisher, has created a driving simulation lab that tracks the driver’s eye movements while texting. Fischer says, “The risk while you’re texting is 23 times higher than while you’re not texting…when you’re texting you’re spending especially long periods of time with your eyes away from the forward roadway – much longer than the two seconds that’s barely safe.”

The National Highway Traffic Safety Administration reports the facts on distracted driving:
•20% of injury crashes in 2009 involved reports of distracted driving.
•Using a hands-free or hand-held cell phone while driving delays a driver’s reactions
as much as having a blood alcohol concentration at the legal limit of .08 percent.
•16% of all drivers under than 20 years of age who were involved in fatal crashes were
reported to have been distracted while driving.
•Distracted driving is reported to have claimed the lives of 5,474 people and injured
an additional 448,000 in the United States in 2009 alone.

Our experienced lawyers represent clients throughout Massachusetts who have suffered injuries or the death of a loved one because of such distracted driving accidents. If you have a question in regards to a case and would like a free consultation, please do not hesitate to contact us.

Sources:

245 texting-while-driving tickets in Mass., UPI.com, January 6, 2011
Maine Summit Takes Aim at Texting While Driving, Maine Public Broadcasting Network, February 16, 2011

Statistics and Facts About Distracted Driving, National Highway Traffic Safety Administration Continue reading

October 12, 2010

Boston Car Crash Lawyers Discuss Teen Driving Statistics

by Altman & Altman

National Teen Driver Safety Week starts next week, running October 17-24. Teen drivers are four times more likely to be involved in a fatal car accident than an adult driver, according to the National Highway Traffic Safety Administration. In fact, roadway accidents are the leading cause of death for teens, causing two out of five teen deaths.

In 2004, 33.9% of 16-year-old Massachusetts drivers were involved in car crashes. That percent was slightly lower but still significant for 17-year-olds and 18-year-olds. Over two dozen teen drivers died that year in fatal car crashes. With thousands of teens being issued a driver’s license each year (over 44,000 16-year-olds received Massachusetts driver’s licenses in 2005), it’s important that junior operators understand the seriousness of operating a motor vehicle.

Massachusetts’ new Distracted Driving Law, which went into effect on October 1, prohibits 16 and 17-year-old drivers from using a cell phone while driving, even if they have a hands-free set. Massachusetts teens who violate the law are subject to a $100 fine and could lose their license for 60 days for a first offense.

Sources: Simple steps can keep kids safer on the road, Superior Telegram, September 24, 2010
Some Statistics that You Should Know about Teen Drivers, Mass.gov Continue reading

September 27, 2010

SRPEDD Releases List of 100 Most Dangerous Intersections in SE Massachusetts

by Altman & Altman

Last week, the Southeastern Regional Planning and Economic Development District (SRPEDD) released a report entitled “The Most Dangerous Crash Locations in Southeastern Massachusetts 2006-2008.” The list includes the locations with the highest number of pedestrian and bike crashes, road departure crashes, red light running accidents, and fatal collisions.

Topping the list is Plymouth Avenue and Rodman Street in Fall River, which reportedly had 125 crashes during 2006-2008. Intersections in Swansea and New Bedford also ranked high on the list with 114 and 85 accidents respectively. Fall River had the highest number of dangerous intersections with 16. Attleboro had 12 dangerous intersections on the list.

SRPEDD released the list to coincide with its Regional Transportation Plan, which is an analysis of existing and future needs of the regional transportation system.

September 25, 2010

Fall River Intersection Tops List of Most Dangerous Intersections in Southeastern Massachusetts

by Altman & Altman

The intersection of Plymouth Avenue and Rodman Street in Fall River is number one on a new list of dangerous intersections in southeastern Massachusetts. According to the report, the intersection averages a crash every nine days.

The study was conducted by the Southeastern Regional Planning and Economic Development District. The data which was used was gathered from the Massachusetts Department of Transportation.

The report found that one of the more serious problems plaguing the area is red-light runners. The number of crashes caused by drivers running red lights more than doubled between 2006 and 2008.
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September 15, 2010

Jeep Rollover on Sandy Neck Beach Leaves 1 Dead

by Altman & Altman

This past week, a Jeep rolled over on Sandy Neck Beach in West Barnstable, landing in the ocean. There were three individuals traveling in the Jeep at the time of the accident. One of the passengers, a 39-year-old resident of Forestdale, was pronounced dead at the scene.

One of the other passengers, who is also a resident of Forestdale, was taken to Cape Cod Hospital where he received treatment for a broken leg.

The third passenger in the Jeep was not injured. This man, a 28-year-old from Sandwich, was the only one of the three in the Jeep who was wearing a seatbelt at the time of the accident.
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September 10, 2010

Massachusetts Traffic Fatality Attorneys Discuss Roadway Statistics

by Altman & Altman

Statistics released by the National Highway Transportation Safety Administration show that deaths from roadway accidents are on the decline. Here in Massachusetts, the number of deaths on all roads declined from 476 in 2004 to 363 in 2008, the most recent year for which statistics are available. In Norfolk County, motor vehicle deaths dropped from 46 to 27 during that same period.

Traffic experts attribute this trend to the use air bags and other automotive technology, as well as greater enforcement of traffic laws.

However, the number of Massachusetts fatalities on major arterial roads and interstate highways actually increased from 2003 to 2008. Experts say these major roads pose additional hazards because of faster speeds and the fact that many motorists routinely drive 10 mph or more over the speed limit but can’t react fast enough to avert an accident.

Source: Safer by the mile?, The Sun Chronicle, September 5, 2010 Continue reading

August 10, 2010

Revere Sisters Pulled From Rollover Accident in Lynn

by Altman & Altman

Two sisters from Revere were rescued from their 1995 Oldsmobile Cutlass after their vehicle rolled over the Fox Hill Bridge on Route 107 in Lynn. The vehicle is thought to have struck an angled concrete barrier at the end of the bridge which caused the Oldsmobile to flip.

Three Lynn men are being credited for rescuing the women from the car, which slid down the road on its roof until coming to a stop. The men witnessed the accident as they were fishing nearby.

One of the witnesses rushed to the car, kicked in the passenger side window, and pulled one of the sisters from the wreck. The men then attempted to remove the second victim, but had a difficult time.

Following the arrival of rescue workers, one of the sisters was transported to Massachusetts General Hospital for treatment of her head injuries which she sustained in the crash. The woman is currently listed in stable condition. The other passenger in the vehicle was taken to Salem Hospital where she was treated and released for her injuries.
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