Articles Posted in Car Accidents

As a consumer, you know that there are many ways to evaluate products before you decide to make a purchase. One of the largest purchases made by the average consumer is a car, truck or SUV. While you may have considered consumer reports, automobile magazines, and other industry standards, remember that evaluating the safety of a vehicle can be more complicated than simply comparing reports.

Whether you are buying your first vehicle, upgrading for a new family member, or you simply want a newer model, there are a number of critical factors to consider when buying a new car. In addition to comfort, style, and advanced technology, your priority is going to be the safety of the vehicle. Government reports, insurance records, crash-test scores and independent research are all ways to gauge vehicle safety; however, recent evidence suggests that these reports will not paint a fully accurate picture.

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Every year, motor vehicle accidents cause serious injury and accidental death. Our Boston car accident attorneys are experienced in the investigation of these accidents and are committed to helping victims and their families recover full compensation for their losses. We also know that preventing accidents is the best way to prevent catastrophic injuries and fatalities.

To test vehicle safety, automobile manufacturers may try to recreate various accident scenarios. Unfortunately, statistics are rarely able to encompass the wide range of accidents that may occur on the road. Vehicles could strike a pole, be struck from the side, rear-ended by a semi-truck or be involved in a multi-vehicle collision. As most drivers already know, an accident with a vehicle that is twice the size or weight can significant increase the chance of serious injury.

According to a recent report, the vehicle you choose to buy can largely impact how well you and your passengers fare in a collision. In addition to analyzing safety features, you should also consider the size of a vehicle and the style of vehicle you are looking to buy. The odds of fatality are 7.6 times greater for car drivers than for drivers of SUV’s in an SUV-car collision. While it is common knowledge that larger vehicles do cause greater damage to smaller cause, the study highlights the very significant difference a vehicle size can make when involved in an accident.

Government reports, insurance industry records, and other crash-test data may consider safety features including anti-lock brakes, airbags, or design. Newer safety features may be high-tech, allowing cars to communicate with other vehicles on the road. Some analysis will also consider the demographics of drivers and their passengers, including whether the vehicle is safe for children or older drivers.

Head-on crash collision was analyzed in the FARS (Fatality Analysis Reporting System) which is maintained by the federal government. Analysis of this data proved that the type of car (SUV or car) was more important than the safety features offered by individual vehicles. When purchasing your next vehicle, consider the type of vehicle, not just the crash-test ratings. Vehicle scores can be helpful, but remember that the size of a vehicle may be more important than the safety ratings.
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For decades, parents have been advising their teenagers not to drink and drive. Parents of today’s teenagers may not realize that the greatest risk to teenage drivers is not alcohol, but texting. According to reports, there are more teenage deaths caused by texting and driving than by alcohol. The numbers indicate that there were over 3,000 teen deaths associated with texting while driving where there were only 2,700 deaths caused by drunk driving.

Researchers have suggested that the discrepancy may be because teenagers have access to their cell phones 24/7 while they do not always have access to alcohol. The sheer number of times a teen may get behind the wheel with a cell phone outnumbers the number of times a teen may be exposed to drinking and driving. Our Boston car accident lawyers are experienced in the investigation of teen accidents caused by texting and driving.

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While teenagers may not be drinking and partying all week, they are likely using their cell phones on a regular basis. Many teens are so dependent on their cell phones that they have been called addicted. They want to check their phone every minute or 30 seconds to respond to a text or update a Facebook status. Both texting and Internet surfing can pose a significant risk to teen drivers, passengers, and other motorists, pedestrians, or cyclists sharing the road.

Teens admit that when their cell phones are “on” it can be difficult to ignore the notifications. Despite clear evidence of the dangers of texting, over 50% of teenagers admit to texting while driving. If you have a teen driver, you should advise them to turn their phones “off,” put them in the glove compartment, or even the trunk, if they are behind the wheel. Cutting off cell phone use may be the best way to avoid the temptation to text and drive.

Teen accidents caused by texting while driving can be devastating. A new promotional series sponsored by the US Department of Transportation and the National Highways Traffic Safety Administration features the stories of families who have lost their sons and daughters to tragic texting while driving accidents. Compared to other age groups and demographis, teens are most vulnerable to the risks of distracted driving and texting while driving.

Any accident that appears to be caused by negligence should be investigated as soon as possible to determine who was at fault. If an accident is the result of texting while driving a driver could be held civilly or criminally responsible for any injuries or deaths. Accident reconstructionists, police reports, and witness statements are all critical to determine how an accident occurred and who was at fault. Individuals and related entities may be targeted in a civil lawsuit to collect full compensation after an accident.

As a driver or parent of a teen, remember that the risks of texting and driving are high. Drivers who use cell phones while behind the wheel are 4 times more likely to be involved in an accident. Remember that it takes an average of 4.6 seconds to send or receive a text. During that time, the average vehicle traveling at 55 mph can travel a full football field. The risks are not worth it: this is enough time and distance to cause a fatal accident.
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When a car is recalled, it may seem like common sense that everyone would stop driving that vehicle. Unfortunately, sometimes people don’t have a choice because they are given a recalled car without being told of the risk. How does this happen? The drivers rent a car and are given a rental vehicle that has been recalled. 1198014_motorway.jpg

Unfortunately, this problem is far more common than anyone would imagine. Rental car companies can and do rent cars that have been recalled and this significantly increases the chances of a deadly accident occurring. Our Boston car accident lawyers know that there is currently a law being debated in the Senate that would prohibit rental car companies from renting out recalled vehicles. However, there is no guarantee that this law will pass and consumers could continue to be in danger from rental vehicles if it doesn’t.

Rental Car Accidents a Real Risk Due to Recalled Vehicles

According to AOL Autos, safety advocates and lawmakers are facing off against auto industry representatives in a heated debate about whether to pass a law banning rental car companies from renting out recalled vehicles.

Safety advocates believe that it is just common sense that a rental car company should not rent out a vehicle that has been recalled. The president of Consumers for Auto Reliability and Safety, for example, indicated that she believed many people would be surprised to find out that it is not already the law that a rental car company cannot rent out a recalled car.

Car recalls, of course, occur in cars when there is a serious problem that creates a danger to drivers or other motorists. The fact that rental car companies could rent out vehicles with these problems has very real consequences. In fact, the proposed law to ban rental car companies from renting out recalled vehicles is named after two victims of an accident that occurred in a recalled rental.

The accident victims were young sisters from California who died in a car accident in 2004. The rental car they were driving had a leak that could result in a fire starting in the compartment of the engine. The rental car company was notified of the defect in the car and of the recall a month before the girls rented the vehicle. Unfortunately, the young sisters got into an accident and died as a result of a fire that broke out. The law, named in their memory, is now called the Raechel and Jacqueline Houck Safety Rental Car Act of 2013.

If the law is passed, rental car companies would be required to park recalled cars as soon as they receive notice of a recall. Most major rental car companies are on board with the law and support its passage. However, it is auto industry representatives who have a problem with this requirement and the reason is that it can take several months from the time when a recall notice is sent out until the vehicle is actually fixed.

Drivers of private vehicles are normally able to continue to drive their cars during this intermittent period until the vehicles are able to be fixed. The law would take this option away from rental car companies and the companies could be forced to ground large portions of their fleets, which would impose a big burden on small rental car companies.

While this may be a concern, the fact is that renting out a recalled car can be very dangerous if the vehicle puts people at risk. Something needs to change in order to provide better protection to consumers and to ensure no further lives are lost in preventable accidents.
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The risks of texting and driving are widely known; however, new evidence suggests that texting while driving laws are not necessarily being enforced. According to reports, only about one citation is issued per day. Some suggest that enforcement of texting while driving laws may be difficult because it is hard to catch drivers in the act.

In every state, motorists, passengers, as well as pedestrians and bikers can be severely injured or lose their lives to distracted drivers. Victims and their families have advocated for harsher penalties for violators, including criminal convictions and sentences. Our Boston car accident lawyers are committed to helping stop distracted drivers to prevent injury and fatality among our nation’s motorists.

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Many states have enacted texting while driving bans. While legislators may believe that the laws are an effective way to fight texting while driving, law enforcement officers may not aggressively take action against drivers. According to a recent USA Today survey, drivers are not likely to get ticketed in most states. Some states average fewer than one texting while driving citation per day.

Police officers also agree that texting while driving laws are difficult to enforce. Many people just hold their phones below the window of their vehicle. Despite efforts to become more savvy when pulling drivers over, officers may need to adjust tactics to catch drivers in the act.

Every city, county, and state officer has the ability to give a citation when a driver breaks the law. In some states, local officers write more tickets for violators, while in other states, citations are more often distributed by state police. Currently, the Foundation for Traffic Safety is conducting a study to determine how many citations are actually issued. While it is difficult to assess, it is even more difficult to determine why there is not more enforcement of these laws. Some states don’t track texting while driving violations at all.

Even though most drivers know the dangers of texting while driving, many will still violate the law. According to recent studies, while 81% of drivers found texting while driving to be a serious threat, 35% of those surveyed had opened and read a text while 27% of those surveyed had typed and sent a text from their cell phone while behind the wheel.

Distracted driving has been found to be a greater risk to drivers than drinking and driving. Drivers who continue to text and drive face an accident rate 23 times that of drivers who are not distracted. While distracted driving could be attributed to other factors such as children, pets, or changing the radio station, the majority of these accidents are caused by cellphones and texting. The low numbers of those receiving citations may mean that drivers are not actually deterred by texting and driving laws.

To reduce the number of drivers who text when behind the wheel, safety advocates have also suggested additional penalties–through insurance companies. A recent survey found that 72.9% of drivers polled agreed that drivers who are caught texting should pay higher insurance rates.
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It’s the Memorial Day holiday weekend and it’s time to get out of town.

Officials are estimating that about 35 million people will be traveling at least 50 miles from home over the long-holiday weekend. With that being said, we can expect some congested roadways. That’s why officials with the Massachusetts Department of Transportation (MassDOT) are urging travelers to plan ahead before venturing out.
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Our Boston car accident lawyers understand that drivers can expect the worst traffic on either Friday or on Monday afternoon and early evening. According to officials, the Transportation Department will be halting all roadway construction during the weekend to help to keep the traffic flowing. Still, you’re urged to plan ahead for smooth travels.

Before beginning your road trip, we suggest that you check out the MassDOT’s live Traffic Cameras web page. This will help you to plan a trip with fewer delays.

Another way you can help to make your trip as smooth as possible is to sign up for the 511 Traveler Information Service to get travel information sent straight to your phone, text message device or email. (That doesn’t mean you can use your phone while driving!) Your best bet is to call the 511 service before heading out. By avoiding areas with heavy congestion, and heading down the path less traveled, you can help to ensure smooth driving with less aggregation.

You can also save some time and some money be joining the E-ZPass program. This is going to help you get through our state’s toll booths with ease instead of waiting in the toll lines. When you’re approaching a toll booth, make sure you’re in the proper lane as soon as possible. You don’t want to have to make a last-minute maneuver and endanger yourself and those around you.

Officials with the DOT are here to help keep you awake, too. They’re going to be serving up coffee (for free) at 18 of the MassDOT service plazas. You can stop in and get a free cup anytime from Monday at 10:00 p.m. to Tuesday at 5:00 p.m.

If you’re staying local, or heading somewhere where you’ll be using the MBTA, remember that all subways and buses are on a Sunday schedule on the actual Memorial Day holiday.

Be safe and be alert out there, whenever you get into a vehicle. Always wear a seat belt as it’s your best defense against injury or death in the event of an accident. As a matter of fact, officials with the National Safety Council (NSC) are calculating that there are going to be more than 400 roadway fatalities to occur during this long holiday weekend. They’re predicting another 44,000 injuries from these same accidents.

Do you part to eliminate these risks and travel safely and responsibly. Happy Memorial Day!
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Car insurance companies are supposed to cover you in the event that you are involved in an accident and suffer injury or damage to property. Unfortunately, time and again it has been clearly demonstrated that car insurance companies are not on the side of insured drivers when it comes to paying claims and making sure that drivers don’t suffer serious financial loss in the wake of a collision. 259976_man_at_work.jpg

Our Boston car accident lawyers know that insurance companies try many tactics to try to pay out as little as possible after a car wreck. This is true whether you are making a claim with your own auto insurer or whether you are making a claim with the auto insurance company that represents another driver responsible for your collision. Recently, however, the Boston Globe published an article indicating one specific way that insurance companies are lowballing insureds. Unfortunately, these insurance companies are doing something that could be dangerous.

Insurance Companies May be Endangering Drivers

According to the Boston Globe, many insurance companies are forcing insured drivers to use salvage parts or generic parts to repair their vehicles after an accident. This saves the insurance company a lot of money since using a salvaged part can be between 20 and 60 percent cheaper than the cost of a new part.

Unfortunately, salvaged parts and generic parts are not necessarily the same quality as new parts and many car manufacturers including Ford and General Motors discourage the use of either salvage parts or generic copies of manufacturer parts. Car companies, consumer advocates and repair shop owners all argue that replacement parts that don’t come direct from the manufacturer may not fit correctly or match the performance of new, licensed auto parts.

This means when an insurance company mandates that salvage or generic parts are used, the car may not operate as well and may be less safe for the driver and passengers in the future. The car will also lose some of its value as a result of the salvage parts, since vehicles that use salvage parts may be worth an average of 10 percent less. While the decline in the value of a car is annoying, it is the danger to the driver and passengers that is the real concern when salvaged or generic parts are used. In fact, as the Boston Globe points out, it is very clear that these parts are more likely to fail.

If the salvage parts do fail, this could cause another accident to occur, potentially endangering the driver of the car as well as others who are affected by the crash. This is an unacceptable risk just for insurance companies to save money on paying out claims, especially since insured drivers pay insurance premiums specifically to get coverage so they are protected in the event of a crash.

In Massachusetts, the law mandates that insurance companies must tell customers if salvaged parts are being used to perform repairs. Unfortunately, insurance companies tend to bury this information in stacks of papers and when they send insureds to auto body shops to get cars fixed, the shops may use salvaged parts without specifically pointing this out to drivers. A driver thus may not know that his car has sub-standard parts, despite the fact that Massachusetts laws say he has to be told.

This type of behavior by insurance companies is yet another reason why you need a legal professional on your side any time you are dealing with a car insurance claim.
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The National Highway Traffic Safety Administration (NHTSA) runs a number of safety campaigns throughout the year in order to educate the public and to encourage law enforcement to take strong action in enforcing driver safety laws. This year, one of the events is the National Seat Belt Enforcement Mobilization Campaign. The Campaign will be ongoing from the two week period between May 20 and June 2nd and is an annual event that centers on Memorial Day weekend. 107206_buckle_up.jpg

Our Boston car accident lawyers know that buckling up can save lives and that the risk of a car accident death significantly decreases when a driver is wearing a seat belt. Yet, far too many people — and especially young people — don’t buckle up despite seat belt laws. The NHTSA’s Seat Belt Enforcement Mobilization Campaign is one way to begin to change this fact and to encourage people to buckle up.

Click it Or Ticket Event Educates the Public and Promotes Police Enforcement

The NHTSA’s Seat Belt Enforcement Mobilization Campaign is more commonly known as the “Click it or Ticket” program and is an annual event that has been successful in the past at encouraging people to buckle up.

According to a 2011 telephone survey conducted by NHTSA, most people will begin buckling up when police start writing more traffic tickets for failure to obey seat belt laws. The survey also revealed that many people who buckle up during high enforcement periods will continue to wear their seat belts even after the special program has ended. Once a driver starts buckling up, it can become a habit and the driver is more likely to automatically buckle his seat belt when getting into the car. This simple, quick act can significantly reduce the chances of a fatality or serious injury and can save the driver’s life.

The NHTSA’s Seat Belt Enforcement Mobilization Campaign can thus have a major impact on driver safety. In fact, U.S. Transportation Secretary Ray LaHood indicates that earlier enforcement efforts have had a marked impact on improving seat belt use and that more people buckle up now than ever before. In 2012, for example, seat belt use was at a record high with 86 percent of drivers indicating that they buckle up when in the car. Unfortunately, this percentage is lower among teens, who are less likely than any other age group to drive without buckling.

Still, the fact that the vast majority of all drivers buckle up is a very good thing and has come about largely because of programs like Click it or Ticket as well as tougher seat belt laws in many states.

The Focus is on Night Time Drivers

NHTSA hopes that this years Click it or Ticket program will encourage even more drivers to adopt the safe practice of buckling their seat belts when they get into the car. This year, in particular, the focus will be on nighttime drivers who tend to be less likely to buckle up.

In 2011, for example, 62 percent of people who were killed in car accidents at night were not wearing seat belts, as compared with just 43 percent of drivers during the day. As Time Magazine reports, police intend to give out double the number of tickets than they normally do during this stepped-up period of enforcement. Many of those will be given out at night when NHTSA is encouraging law enforcement officers to be especially aggressive at pulling over violators of seat belt laws.
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We’ve all been there — spending hours behind the wheel, wanting nothing more than some shuteye. While most of us make it home safely, there are others who aren’t so lucky.
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According to Yahoo News, there were more than 11,000 people killed in drowsy driving car accidents from 2000 to 2010. It’s a problem that many researchers believe can be solved by tougher laws.

Our Boston car accident lawyers understand that there’s no way to determine if a driver was drowsy at the time of a collision. We have tests for drunk driving and driving under the influence of drugs, but drowsy driving is virtually undetectable. Still, many don’t even think the drowsy driving laws are helping. Researchers believe that the laws banning motor coach and commercial truck drivers from spending more than 11 hours a day behind the wheel are flawed because drivers reporters are rely upon the honor system and are too easily falsified.

According to Massachusetts Sen. Richard Moore, there was once legislation considered to ban this dangerous behavior after a constituent’s son was killed in a drowsy driving accident back in 2002. Unfortunately, there was no way to prove drowsiness of a driver. Instead, lawmakers decided to take the proactive approach and educate drivers — hoping that knowledge will help to keep drivers safe and alert behind the wheel.

Although nothing may be more effective in curing drowsy driving tendencies than sleep, officials with the National Highway Transportation Safety Administration (NHTSA) say that two cups of coffee and a 15- to 20-minute nap may be able to get the job done. While many drivers believe that loud music, getting out of the car and stretching and eating may be the cure — those will do nothing to wake you up behind the wheel.

According to a recent study from the Centers for Disease Control and Prevention (CDC), close to 5 percent of adult drivers in the country have nodded off or completely fell asleep behind the wheel at least once in the last 30 days.

“For some reason people in our culture think it’s OK to lose sleep and get behind the wheel,” said Mark Rosekind with the National Transportation Safety Board (NTSB).

Sleepiness can impair driving performance as much or more than alcohol, studies show. The American Automobile Association (AAA) estimates that one out of every six deadly traffic accidents, and one out of eight crashes requiring hospitalization, is due to drowsy driving.

We know it’s dangerous and it’s time to put an end to it.

Before heading out, whether you’re driving a commercial vehicle or your own personal passenger vehicle, it’s important that you get a good night’s sleep. If you start to feel drowsy behind the wheel, pull over and stop. There’s no point in keeping on and risking your life, and the lives of others. Stay safe out there this summer.
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Older drivers face some serious obstacles behind the wheel. But there could soon be a way to help them get around some of these problems. According to The Washington Post, officials with the National Highway Traffic Safety Administration (NHTSA) are proposing two new safety ratings geared toward older drivers and families.
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What officials are looking into is a “silver” rating. What this would do is look at how a particular vehicle can accommodate the needs of an older driver. They’re also looking at a “family” rating to see how well it’s going to protect back-seat passengers and children. These ratings would be extremely beneficial as the car we’re driving has a lot to do with how we’re going to make out in the event of an accident — and may even help us to avoid them in the first place.

Our Quincy car accident lawyers understand that these two ratings would be an excellent addition to the current five-star rating system. The truth of the matter is that we choose vehicles that can benefit and mold to our lifestyle. It’s important that this rating system grows as our needs do. Unfortunately, the addition of these two new ratings could take up to four years.

So why the “silver” rating? As we see more and more older drivers, as the baby boomer generation ages, we’re seeing more elderly drivers. This wave of drivers has been cleverly dubbed the “silver tsunami” and consists of drivers who are over the age of 64. By 2025, the AARP estimated that about 20 percent of drivers will be over the age of 54, meaning there will be more than 55 million elderly drivers on the road. That’s compared to the less than 40 million we have today.

Stereotypically speaking, elderly motorists are less likely to survive an accident compared to younger occupants. That’s why it’s important that our elderly motorists are best protected out there — and that can be done by purchasing a vehicle that can best suit their needs.

According to federal accident statistics, older drivers account for the highest fatality rate in serious crashes.

According to newly-released statistics from the National Highway Traffic Safety Administration (NHTSA), there were close to 100 people over the age of 64 who were killed in traffic accidents in the state of Massachusetts in 2011.

These older individuals made up 17 percent of all traffic fatalities and 8 percent of all people injured in traffic crashes during the year.

Our older drivers face vision problems and hearing deterioration. They may not be as flexible as they once were and their risks for accidents are higher. This is nothing to be ashamed of. It’s all a part of growing up. But there are ways that we can help to ensure their safety. Let’s all work together to keep those older drivers safe behind the wheel. Keep an eye on them, make sure they’re doing alright and make sure they’re in the best car to suit their needs.
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AT&T is targeting teen drivers with a safety campaign to open the long summer months.
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Recently, the campaign was significantly bolstered by the commitment of Verizon, Sprint, T-Mobile US, Inc. and more than 200 other organizations that joined the movement. Within this campaign, there is a texting and driving simulator that will be traveling the country, working to spread the word about the dangers teen drivers face behind the wheel. This effort also comes as we approach the 100 Deadliest Days on the roads for teen drivers — the summer months between Memorial Day and Labor Day.

Our Boston car accident lawyers understand that teen drivers will be closing up their books and welcoming summer break. With this comes more free time to play with, later nights to enjoy and oftentimes fewer rules to abide by. With this time approaching, we’re asking parents to step in and to remind these newly-licensed drivers about the risks they face out on our roadways.

“Awareness of the dangers of texting and driving has increased, but people are still doing it. With this expanded effort, we hope to change behavior. Together, we can help save lives,” said AT&T Chairman & CEO Randall Stephenson.

Need some help in approaching your teen about safe driving? Look over the following topics and get talking. Make sure your teen understands the risks that come along with a driver’s license and they know how to avoid these dangers out there on our roadways.

-Consider enacting a parent-teen driving contract. With this, you can enact your own household driving rules to make sure that your teen is as safe as they can be out there.

-Make sure your teen has, and abides by, a curfew. Teen drivers are more likely to get into an accident during the evening house than any other time of the day. Set a curfew and stick to it.

-Make sure they know that can call you at absolutely any time. You never want to put your teen in a predicament where they get in the vehicle with an intoxicated driver. Make sure they know they can always turn to you for a safe and sober ride.

-Remind all motorists that seat belts can save lives. Whether driving or riding along, make sure your teen is buckled in during every car ride.

-Keep distractions at bay. There is never a time when a driver should take their eyes off the road or their hands of the wheel. Teens may think they can text or make phone calls while driving, but the truth of the matter is they can’t. No one can.

As it stands now, car accidents are the leading cause of death for teens in the country. Step up, get talk today and help to change that sobering statistic tomorrow.
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