Boston Car Accident Lawyer Blog

April 12, 2016

Rain, Fog, and Other Boston Spring Driving Hazards

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

March 24, 2016

Share the Road: How Boston Drivers Can Avoid a Bicycle Collision

by Altman & Altman

Bicycling is healthy and great for the environment, but it can also be dangerous. Bicyclists share the road with other vehicles and due to their small size, they can easily disappear in a driver’s blind spot. Just as drivers are required to follow the rules of the road, so are bicyclists. However, a driver should never expect an oncoming bicyclist to obey traffic signals or signs. If, for any reason, a bicyclist doesn’t follow the rules (he or she doesn’t see a sign, isn’t aware of the rules, or just ignores a signal), a driver should yield to the bicycle for safety purposes. As a driver, you may (or may not) be in the right, but trying to prove your point may result in serious harm to the bicyclist. Contact a Boston Injury Attorney Today.

Driving Tips to Keep Everyone Safe

The best way to avoid an accident with a bicyclist is to follow the same rules that apply to all aspects of safe driving. Being distracted, tired, or reckless behind the wheel puts everyone in danger.
Never drive while under the influence of drugs or alcohol.
Don’t speed.
Don’t use your cell phone while driving. If you must make a call, send a text, or adjust your navigation, find a safe place to pull over.
Check your blind spots before turning or changing lanes.
Make eye contact with oncoming bicyclists (this also applies to pedestrians).
Avoid fatigued driving.
Don’t drive at night if you have trouble seeing after dark. Especially in Boston, there may still be a lot of cyclists on the roads at night. They should be wearing reflective gear, and their bikes should be equipped with a light and reflectors. But this is not always the case. Always be alert for bicyclists and pedestrians when driving in the city at night.

March 8, 2016

Is Your Massachusetts Insurance Company Acting in Bad Faith?

by Altman & Altman

You live in Massachusetts, you own or lease a car, you always make your monthly insurance payments, then “boom” one day your involved in an accident. You notify your insurance company of what happened and most of the time the insurance carrier will make all the appropriate payments, you receive the proper compensation and the case is closed. However, there are some instances where the insurance company may not be so amenable to making the payments- and that’s when customers can run into trouble.

The definition of an insurance company is “a business that provides coverage, in the form of compensation resulting from loss, damages, injury, treatment or hardship in exchange for premium payments.” You pay insurance companies in exchange for the promise that they will provide some level of protection if the need arises. An insurance company has a duty to not only provide that protection, but also to negotiate and settle claims with your best interests in mind. This is called ‘good faith.’ If you believe that your insurance company isn’t following good faith practices, what do you do?

What Constitutes a Bad Faith Claim?

When you purchase insurance, whether it’s home, auto, health, life, or any other type of insurance, the carrier is legally bound to the terms within the policy. If the insurance company fails to honor the agreement, it is acting in bad faith. This is true for both your own insurance company and a third party carrier, if one is involved.

Third Party Insurance and Bad Faith Practices

Although a third party carrier has a duty of care to handle your claims in good faith, they can get away with a bit more. For a third-party bad faith claim to have merit, the adjuster must have engaged in some relatively outrageous behavior, such as outright lying or fraud. Examples of actions which could result in a bad faith claim against a third party insurance company include:

Withholding or tampering with evidence
Tampering with a witness
Purposely “losing” important documentation or evidence

Your Own Insurance Company is Held to a Much Higher Duty of Care

Although outright lies and fraud will also land your own carrier in hot water, much less is required to legitimize a claim of bad faith. For example, if your adjuster is refusing to provide specific reasons for an offer of an extremely low settlement, this could be considered an act of bad faith. But where do you go from here?

Filing a Bad Faith Claim

Hiring a skilled Boston accident attorney with extensive experience in the area of insurance is crucial to a positive outcome. The beginning steps include putting your accusations in writing by sending a bad faith letter to the insurance company. These accusations are typically taken very seriously. However, if done incorrectly, approaching the carrier with a bad faith claim can cost you in the long run. If it can be proven that the insurance carrier acted in bad faith, the company may be required to pay damages in excess of the injury compensation. More commonly, however, a claim of bad faith encourages the carrier to offer a significantly more attractive settlement. 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 29, 2016

What are the Most Common Causes of Boston Car and Truck Accidents?

by Altman & Altman

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

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

February 12, 2016

Dislodged Manhole Cover Strikes Car, Kills Driver in Boston’s O’Neill Tunnel

by Altman & Altman

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

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

January 27, 2016

Truck Tire Comes Loose on Route 128, Killing Lexington Man

by Altman & Altman

On Tuesday afternoon, a tire came off the rear axle of a Dodge RAM pickup truck while the driver was headed southbound on Route 128 in Lexington. According to David Procopio, a spokesman for the Massachusetts State Police, the tire came loose, crossed the jersey barrier, and struck another vehicle in the northbound lane at approximately 1:15 p.m. Sadly, the driver of that vehicle, a Toyota Camry, was fatally wounded in the accident. Contact a Boston Personal Injury Lawyer Today.

Flying Wheel Strikes Two Vehicles

The fatally injured operator of the Camry was 26-year-old Charles Hu of Lexington, MA. According to police, the left rear wheel of a 1997 Dodge RAM broke free from the rear axle of that vehicle. The preliminary investigation indicates that once the wheel came free, it crossed the median, struck and bounced off a Toyota Highlander, and then struck the victim’s Camry. The collision caused serious damage to the Camry’s roof and windshield and resulted in fatal injuries to the driver. According to police, the victim was pronounced dead at the scene. The 50-year-old Braintree man who was driving the Toyota Highlander escaped without injury.

Cause of the Accident Still Under Investigation

The driver of the Dodge RAM was a 19-year-old Amesbury woman. Currently, no charges have been brought against her. However, the Massachusetts State Police are continuing to investigate the fatal accident and will determine if she was at fault once the investigation has been completed. The State Police Collision Analysis and Reconstruction Section and the State Police Crime Scene Services Section will assist Troop A of the Massachusetts State Police with the investigation. The Mass Department of Transportation and Lexington Fire and EMS also assisted at the scene. The name of the Amesbury woman will only be released if charges are filed against her. Continue reading

January 19, 2016

Proposed Bill Bans All Handheld Electronic Devices For Boston Drivers

by Altman & Altman

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