Boston Car Accident Lawyer Blog

July 2, 2013

Worcester Police Investigate the City’s Third Pedestrian Fatality

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.
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June 28, 2013

Driver of Bus that Drove Through Worcester House on Monday Was New to Job

by Altman & Altman

The man behind the wheel of a Worcester bus that crashed into a home earlier this week was on his first day on the job.

According to his employers at Worcester Regional Transit Authority, the driver, Francis Artey of Worcester, had just gone through a “rigorous” training eight-week training program before his first day of work on Monday. According to Worcester officials, Artey crashed into the home in Auburn around 5 p.m. Monday afternoon, while two other passengers were riding the bus.

John Carney of the Worcester bus company said that Artey was an experienced driver and had a clean driving record. Authorities believe it’s possible that Artey may have suffered a medical emergency, or that the bus encountered a mechanical problem because it appeared the brakes had not been applied before the bus hit the house.

The owner of the home said the bus drove straight through the kitchen and the bus stopped only a matter of feet from where her children were playing. Seven people were injured during the crash, and the bus driver is still in serious condition. The four residents managed to walk away from the accident with only minor scrapes and bruises, and authorities say that the house, which was pushed more than seven feet off its foundation, will now need to be torn down.

Luckily none of the victims, with the exception of the driver, were severely injured during the accident. Though there are few details about why the accident occurred in the first place, we can speculate that the bus company may be liable for the accident-whether it occurred because the driver had a health emergency, the bus driver was unqualified, or because the bus incurred a mechanical malfunction.
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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.
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June 12, 2013

Seatbelts Could Have Saved 3 BU Students in New Zealand Car Accident, Officials Say

by Altman & Altman

The three Boston University students killed last May when their minivan flipped on a rural New Zealand road, could have survived had they been wearing seatbelts, officials said.

Rotorua, New Zealand Constable Tina Mitchell-Ellis, said that the three students who died, and a fourth who suffered severe brain trauma, were not wearing seatbelts and were thrown from the van. The four other passengers in the van who were wearing seatbelts survived and sustained only minor injuries.

The students had all been a part of a study-abroad program in New Zealand and were driving in a rural part New Zealand to begin a scenic hike. According to reports, the driver of the van, Stephen Houseman, became distracted while driving and drove onto the side of the road before over-correcting and flipping the van four times.

Neither drugs nor alcohol were involved in the accident, and police did not suspect Houseman was speeding before the accident. Officials believe that inexperience with driving a van and being unfamiliar with the roads contributed to the accident. Houseman pled guilty to careless driving and had his license suspended for six months.

This tragic accident involving Massachusetts college students is a stark reminder of the dangers of operating a motor vehicle or being a passenger in a motor vehicle, and not wearing a seatbelt. According to both the National Highway Traffic Safety Administration and the National Safety Council, seatbelts are the most effective safety device for preventing serious injury or death in the event of a car accident. In fact, wearing a safety belt can reduce the risk of serious injury during an accident by more than 50%.

In a study done by the NHTSA, 42% of motor vehicle passengers who were killed in accidents were not wearing a seatbelt. Under Massachusetts law, seatbelt violations fall under secondary enforcement laws; meaning that a driver can be ticketed by an officer for not wearing a seatbelt only if he or she has committed another traffic violation. The seatbelt usage rate in Massachusetts is estimated to be around 74%, which is lower than the National average (88%). However, the NHTSA estimates that over 1,600 lives could be saved and 22,000 injuries prevented each year if seatbelt usage was at 90% in every state.
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May 31, 2013

Marlborough Truck-Bicycle Accident Sends Cyclist to the Hospital

by Altman & Altman

State Police are looking into a Marlborough, MA box truck accident involving a bicyclist. The rider had to be flown by hair to UMass Memorial Medical Center in Worcester following the morning traffic crash.

The trucker has not been criminally charged. However, he was cited for driving with an expired inspection sticker, not yielding to oncoming traffic, and marked lanes violation. Efforts are being made by the State Police to reconstruct what happened.

Massachusetts Bicycle Accident Cases

May 28, 2013

Police Investigate Memorial Day Motorcycle Accident in Holliston, MA

by Altman & Altman

A motorcyclist was flown to Brigham and Women’s Hospital yesterday after being critically injured in a crash in Holliston, Massachusetts.

The male motorcyclist was the only person involved in the single-vehicle accident which occurred on Brook Street around 2:30 p.m. Monday. Police are still investigating the cause of the crash.

The National Highway Traffic Safety Administration estimated approximately 81,000 people were injured and 4,612 were killed in motorcycle accidents in 2011 in the United States; a 2% increase from the number in 2010 and a 41% increase from 2002. Motorcycle accidents accounted for 14% of the total number of motor-vehicle crashes in the United States. The National Highway Traffic Safety Administration estimated that per every vehicle mile traveled, motorcyclists are 30 times more likely than passenger car occupants to die in an accident, and 5 times more likely to be injured during an accident.

The NHTSA stated that 49% of fatal motorcycle crashes involved collisions with other motor vehicles; 75% occurred with the motor vehicle in front of the motorcycle. Fatal motorcycle accidents were most likely to occur with fixed objects, rather than collisions with other motor vehicles.

Speeding, rider inexperience, and alcohol use are the three main factors that contribute to the high risk of accident on a motorcycle. According to the NHTSA, 35% of all motorcyclists involved in accidents in 2011 had been speeding before the crash. Inexperienced and un-licensed individuals made up 14% of those injured or killed in motorcycle accidents, and individuals who had had their licensed suspended previously were 1.4 times more likely to get into an accident compared to those with a passenger vehicle license revocation. Alcohol use is also a risk factor for fatal motor cycle accidents. The NHTSA estimated that about 29% of all motorcyclists were impaired by alcohol at the time of an accident. Riders aged 40-44 made up 38% of that group, respectively, followed by individuals ages 45-49 and 35-39 at 37%.
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May 20, 2013

Investigation Continues in Fatal Boston Hit-and-Run Accident Involving MIT Professor

by Altman & Altman

Police are still investigating a hit-and-run bicycle accident near Kenmore Square that killed an MIT professor this weekend.

Kanako Miura, 36, a native from Japan and visiting professor at MIT since 2012, was struck and killed by a truck while riding her bike at the intersection of Beacon Street and Baystate Road around 3:30 p.m. on Sunday.

The truck fled the scene. Police say they are looking for a garbage truck that was possibly involved in the accident.

Bikes are considered a way of life in the city, but residents say that the area around Boston University is especially dangerous for anyone including cars and pedestrians, with accidents occurring at an average rate of two to three times per week.

Since 2007, Mayor Thomas Menino has strove to make Boston a more bike-friendly city by implementing more infrastructures such as bike lanes and bike paths to support more cyclists as well as installing the Hubway bike share program. In 2011, Boston was rated one of the safest cities to ride in in the United States, and this year, Cambridge received a Gold-Level rating for being one of the most bicycle-friendly communities in the nation.

Still, with more riders on the road today than ever before, the city is faced with the challenge of how to prevent more accidents from occurring. In a report published by the City of Boston in correspondence to Bike Safety Month, the Boston Police Department reported a bike ridership increase of 28% (56,000 trips per day) as well as a 2% increase in accidents (488 in 2012) since 2010. In more than half of the bike accidents reported, the cyclist was not wearing a helmet.
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May 14, 2013

League of American Bicyclists Recognizes Cambridge, MA as Gold-Level Bicycle Community

by Altman & Altman

On Monday, the city of Cambridge was named a Gold-level bicycle friendly community by The League of American Bicyclists, making it the highest rated city to bicycle in on the East coast. The recognition and ceremony comes in observance of National Bike Safety Month.

Cambridge, which is only one of 18 cities nationwide that has received this award, was recognized on its bicycle friendliness, infrastructure, and its investment into bicycle promotion with the establishment of the Hubway share program.

According to city officials, there are three times as many bikers on Cambridge and Boston roads today, than there were only a decade ago. Many bikers cite traffic congestion and the “Green” lifestyle appeal as their reasons for switching to two wheels.

State leaders have shown their enthusiasm for the shift in bike riding, and last fall, the Department of Transportation (MassDOT) announced that by 2030, it wanted to triple the rate of biking, walking, and public transit. Currently over 22,000 people regularly cycle to work around the entire commonwealth. The biggest challenge MassDOT faces is the process it will take to educate people about the rules of the road, and the development of necessary infrastructure to encourage and accommodate more cyclists.

Advocates are pushing for more improvements on safety before encouraging more cyclists onto the roads, based on the rates of bicycle accidents around the city-especially those involving collisions with motor vehicles. According to the National Highway Traffic Safety Administration, 39 cyclists were killed and 2,100 people sustained non-fatal injuries between 2007 and 2011 in Massachusetts. Five cyclists have already been killed this year.
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May 1, 2013

34 People Taken to Hospital after Bus Crash in Newton, MA

by Altman & Altman

Thirty-four junior high school students were injured and taken to hospitals following a three vehicle crash involving a school bus yesterday.

The accident occurred at about 7:30 a.m. Tuesday morning along Route 9 in Newton when a Metco bus traveling toward Lexington rear-ended a car stopped at a stop light, causing that vehicle to hit another car. School%20bus.jpg

Eleven of the students on the bus suffered minor injuries and were taken to area hospitals, while the remaining 23 students were taken to hospitals only as a precaution.

The cause of the accident is still unknown and remains under investigation. According to State Police, no citations have yet been issued.

Each year, thousands of children are injured in school bus accidents. Having your child be involved in an accident is traumatic and is something that no parent should ever have to endure. Whether dropping off kids at the bus stop, having his or her child go on a field trip, or even sending kids off to summer camp, there are always concerns in the back of every parent’s mind about who is driving his or her children, like has the bus driver had enough sleep? Has the bus driver been drinking? Should he or she be wearing glasses? Does the bus driver have a smart phone and will he or she text and drive? You can’t stop putting your child on the school bus, but hopefully bus companies will make sure that their drivers are providing the safest environment for all children.

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April 25, 2013

Fatigued Driving in Massachusetts: As Dangerous as Driving Drunk

by Altman & Altman

Fatigued driving is probably familiar to every driver, especially early morning commuters and those driving late at night. While some may think that getting behind the wheel fatigued can be harmless, it is actually quite dangerous. In fact some studies suggest that drowsy driving is just as dangerous as drunk driving.
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Causes of Drowsiness

There are many risk factors associated with drowsiness, such as chronic sleepiness caused by frequent lack of sleep, acute sleep loss, and work shifts. A variety of circumstances can account for acute sleep loss like taking care of children, vacations, short-term work demands, and social events. Irregular work schedules, late night or overtime shifts may throw off a person’s internal clock and lead to increased sleepiness. The amount of time a person spends behind the wheel can also contribute to their level of fatigued. Tractor trailer drivers, for example, often experience fatigue because of the many hours they spend on the road.

Lack of sleep is not the only reason for drowsiness. Potent medications like sedatives, antidepressants or antihistamines used to treat allergies and colds, and even alcohol consumption can influence levels of tiredness.

The Dangers and Warning Signs of Drowsy Driving

Boston is surrounded by major highways and interstates like the Mass Pike, Routes 128, 495, 93 and 95. It is important to be vigilant of dangerous drivers and be aware of your own driving habits. According to a study by AAA, drowsy driving accounts for 17% of all motor vehicle accidents in the United States. Unlike drunk driving accidents, where a driver’s blood alcohol content can be measured, there is no objective way to measure how tired a person is.
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