Car Accidents

February 26, 2011

Separate bike trails would lead to fewer Boston bicycle accidents

Health practitioners encourage cycling as a measure to get fit. But cyclists are rightly concerned about the risk of being involved in a Boston bicycle accident.

Our Boston personal injury lawyers are often called to represent victims who sustain serious injuries as the result of an accident with a careless or negligent driver.

Bloomberg Businessweek HealthDay News recently published the result of a study that found cycle-only paths separated from street traffic are safer than paths riding alongside passenger vehicles in the streets.

It was reported that injury rates are 28% less when cyclists are separated from having to ride next to motor vehicles. The design of intersections and green or red bicycle signals also directly impact cycling safety.

The U.S. Department of Transportation recently reported over 600 deaths in fatal bicycle accidents nationwide in 2009, which accounted for 2% of all traffic fatalities during the year. Another 51,000 cyclists sustained injuries on American roadways in 2009 when involved in a motor vehicle crash. Massachusetts reported a total of 6 fatal bicycle accidents for 2009.

The Unites States is a little behind the times when it comes to cycling safety. American bike lanes are typically designated on roadways by a painted stripe. The Netherlands has approximately 18,000 miles of separate bike tracks. The lack of bike tracks encourages Americans to drive, not walk. In comparison, 25% of Dutch commuters bike, compared to less than 1% of Americans who commute to work via a bicycle.

When examining cycle tracks vs. cyclists riding next to motorists on roadways, the study found much lower risks on bike tracks. In fact, when given the choice, the study found that cyclists were 2 and a half times more likely to ride on congested bike paths than to choose a route that put them on the streets riding next to passenger vehicles.

The statistics indicate men have a much higher risk for being involved in a bicycling accident. That is mostly due to the fact that women fear cycling next to motorists on roadways. The study indicated more women would be interested in cycling, but only if separate tracks were to be implemented.

Americans are constantly trying to find ways to manage weight and stay fit. A healthy heart means a longer life, but is that really the case? Cycling is an excellent way to maintain a healthy heart but doesn’t necessarily mean a longer life when faced with the dangers of riding along next to motor vehicles.
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February 25, 2011

Unsecure loads common cause of Boston trucking accidents, work injury

by Jeffrey S. Glassman

Wicked Local recently reported on a man that sustained serious injuries when a truck fell on him from a transport trailer.

Our Boston personal injury lawyers are all too familiar with improperly secured loads on trucks and know the havoc it can create on our roadways.

The afternoon accident occurred at a car auction when a pickup truck fell off of a transport trailer. The victim, an employee from the auction, had just secured the truck and was about to check on another vehicle when the incident happened. It appears the truck was not properly secured according to the preliminary investigation.

The man’s injuries were so severe he had to be transported by helicopter to Brigham & Women’s Hospital.

According to the Bureau of Labor Statistics contact with objects and equipment while at work killed 734 U.S. workers, 12 were in Massachusetts.

This incident could have been far worse if the truck had broke free while in transport.

The Federal Motor Carrier Safety Administration (FMCSA) has many rules and regulations regarding securing cargo, which are documented in the Driver’s Handbook on Cargo Securement.

Sections in the handbook include the proper methods to secure: logs, dressed lumber, metal coils, paper rolls, concrete pipe, intermodal containers, vehicles (car, trucks and vans), heavy machinery, flattened or crushed vehicles, roll-on containers and large rocks.

There are a variety of different devices used to secure cargo including: synthetic webbing, chains, ropes, blocking, clamps, friction mat and steel strapping.

Cargo needs to be secured so it doesn’t spill, leak, blow off fall through or fall off the vehicle, shift to cause instability or become dislodged. Truckers should do a pre-trip inspection of their load and inspect securing devices throughout the trip.

There are also complex requirements on the amount of force a load needs to withstand from different directions. The load can not shift more than a certain amount from front to back, side to side or upwards.

Properly securing loads is the responsibility of truckers and trucking companies and is necessary to ensure the safety of motorists. An improper load can lead to a devastating crash, causing serious or fatal injuries.
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February 23, 2011

Boston bicycle accidents an ongoing concern even as cycling crashes decline nationwide

by Jeffrey S. Glassman

The 2009 data on pedalcyclist was recently released by the National Highway Traffic Safety Administration.

For this data a pedalcyclist is a rider of pedal powered vehicles that have 2 non-motorized wheels or are a unicycle or tricycle. Our Boston personal injury lawyers remind you to ride safely to prevent a Massachusetts bicycle accident. While Boston was made significant improvements to its cycling infrastructure, riders still face the risk of serious or fatal injury in the event of a crash.

In 2009, there were 630 fatal bicycle accidents nationwide — down 12 percent from the more than 700 killed from 2008 and the lowest number in nearly a decade. More than 51,000 were seriously injured in bicycle accidents.

Some statistics from the report on nationwide bicycle accidents:

-The average age of crash fatalities is 41.

-Crashes occur in urban areas 70% of the time.

-Males accounted for 87% of the deaths and 80% of the injuries.

-Alcohol was involved by either the rider or driver in 40% of the crashes.

-33% of fatal crashes happened at intersections.

-Day time fatal crashes increased by 6% and night time crashes decreased by 13% from 2008.

Massachusetts had 6 cyclists killed in 2009.

The City of Cambridge Police Department remind cyclists of the following:

-Bicyclists must obey all traffic laws, must ride single file, should stay to the right of the roadway unless directed otherwise, and should always use hand signals.

-Bicycles can not be ridden on a sidewalk in the following area: (cyclist need to walk their bike, ride on the street or take another route) .

-Harvard Sq.

-Central Sq. business districts, as well as some newly created banned areas:

-Inman Sq.

-Huron Village

-Mass. Ave., from Wendell St. and Shepard St. to Russell St. and Cogswel

-Somerville Ave (entirely)

-Bicyclists when riding on a sidewalk must ride at a speed equal to a normal walk, give an audible warning before passing a pedestrian and remember that pedestrians have the right of way.

-Bicyclist will not pass to the right of a bus at a bus stop or ever be towed by another vehicle.

-Bicyclist riding between dusk and dawn must have a red light or reflector on the rear of their bike, have a white headlight on the front and have side reflectors.

-It is recommended that everyone wear a helmet while riding but riders 16 and younger must wear one when riding on public roads.
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February 21, 2011

Snow and ice an ongoing concern for Boston motorists looking to avoid an accident

by Jeffrey S. Glassman

The second part of our 2-part series about “Safety tips used to minimize the dangers of harsh winters” is directed towards Massachusetts motorists. Part 1 posted on our Boston Car Accident Lawyer Blog discussed the dangers of harsh winters as they pertain to roofing and power outage accidents and offered several tips about preventing these types of injuries to employees, tenants, and customers.

Our Boston personal injury attorneys want to draw attention to the dangers motorists face during harsh winter storms, which are a frequent cause of Massachusetts car accidents. Winter weather can cause havoc for motorists trying to manage their way through a storm. Massachusetts drivers often take an “I’m indestructible” attitude in getting where they need to go on winter storm days but that attitude can often get them in trouble.

The Massachusetts Executive Office of Public Safety and Security has several road safety tips to offer motorists if they insist on driving in adverse weather. They recommend the following to drivers:

-Snow banks limit visibility so be extra careful approaching intersections and while driving on narrow streets piled with snow. Watch for pedestrians.

-Before putting your vehicle in drive you should clear all ice and snow from roof, windows, license plates, exterior lights and mirrors. This allows for better visibility and fewer safety hazards for you and other drivers. Failure to do so could have legal ramifications.

-If your vehicle becomes entrapped in a snow bank, be mindful of the dangers of carbon monoxide poisoning if your tailpipe becomes clogged. Shut off your engine and cracking your window.

-Always carry a charged cell phone in case you get stranded or are involved in an accident.

-Don’t leave your vehicle if you become stranded. Have extra clothes, blankets, perishable food items, and bottled water available in your vehicle.

-During winter storms, Massachusetts State Police will determine what speed is considered safe and reasonable so motorists should slow down to below the speed limit. It is recommended to drive below 40 mph on all state highways and roadways during severe winter storms. Failure to do so is considered negligent and action may be taken.

-Large truck drivers are encouraged to pull off the side of the road to a safe spot during severe weather. Vehicles with excessive weight can be difficult to maneuver causing higher risks for accidents.

-Allow plenty of space between your vehicle and others.

-Stay off the roads and take public transportation when possible. Extra volume on icy and slippery roadways can cause motor vehicles accidents to occur more frequently.
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February 19, 2011

Boston car accidents, premise liability, a danger of winter snow accumulation

by Jeffrey S. Glassman

Our Boston personal injury lawyers often report about the dangers of roofing accidents for employees working in the construction industry. As Massachusetts continues to get buried by snow and ice storms this winter, we are reminded that we are all potential victims of roofing accidents caused by the weather.

In Part 1 of our two-part series about “Safety tips used to minimize the dangers of harsh winters” we are focusing on roof collapses and loss of power. These types of accidents can lead to cases of premise liability in Massachusetts and should be taken seriously by tenants, employees, and customers.

The Executive Office of Public Safety and Security in Massachusetts offers the following winter storm tips to avoid collapse and potential roofing accidents:

-Snow and ice can be heavy and should be removed from roofs and awnings whenever possible.

-Flat roofs can trap vast amounts of snow for long periods of time. Build-up of roof ice dams can lead to interior damage. If snow and ice can be reached or broken up from the ground it is recommended to use a snow rake that can be found at most hardware stores.

-Flat roofs should only be shoveled clear if the roof is safe to stand on. Drainage systems on flat roofs should be kept clear so that when melting begins water accumulation does not become an issue causing structural damage.

-Ladder rungs tend to ice up and the collection of snow and ice on the bottoms of your boots can be an added danger. Eye goggles and protective headgear should be worn if climbing a ladder is the only option for snow removal.

-Overhanging icicles along walkways should be removed carefully. Icicles are sharp and can cause injury either by falling on someone or by dripping water on the sidewalk.

Loss of power is another danger that harsh winter weather can bring to tenants, employees, and customers. The EOPSS offers these winter storm tips to prevent loss of power:

-Keep an Emergency Supply kit available in case of extensive power outage. Items can include: flashlight, batteries, portable radio, first aid kit, prescription drugs, and bottled water.

-Lighting candles can be dangerous and should be avoided.

-Snow, sleet, and freezing rain when accumulated on trees and power wires can be heavy and is likely to cause power outages. You should call the electric company or Mass 2-1-1 if you experience ice build-up or power loss that could lead to a dangerous situation.

-Check your batteries in your Smoke and Carbon Monoxide detectors to ensure they are working properly.

-Space heaters should only be used if they have at least a 3-foot circumference of space around them. Never leave them running if you go to sleep or leave the room as they could catch fire to something in the room.

-Only follow manufacturer’s instructions when using emergency generators. Failure to install and ground the generator properly could hold you liable for damage or injury to other property or people.

-Maintain outside fuel and exhaust vents by keeping snow and ice removed from the openings.

-Keep a light water drip from your faucet to prevent pipes from freezing.

-Following a storm, be extra cautious of downed or hanging wires as they could be live and result in being electrocuted if touched. Snow can bury these wires at times so you should be aware of where you are stepping at all times.
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February 17, 2011

Program aims to teach teens of texting dangers, risks of Boston car accidents

by Jeffrey S. Glassman

In a previous post on our Boston Car Accident Lawyer Blog we reported about the “JST DRV” Radio PSA Contest being launched by several safety organizations. The contest is offering a lucky teen winner $1,000, along with a free trip to Honolulu for the National Youth Traffic Safety Month in May.

Nationwide, teens can enter the contest by submitting a public service announcement which targets the dangers of distracted driving.

Our Boston personal injury lawyers support the notion that teens should get more involved in addressing the dangers of distracted driving. Such emphasis can lead to a better understanding of the heightened risks of Massachusetts car accidents.

February 14, 2011

No electronic defect found in Toyotas; defective vehicles can lead to serious or fatal Boston car accidents

by Jeffrey S. Glassman

Toyota Motor Corporation can breathe a sigh of relief after a recent announcement by the U.S. Department of Transportation. regarding an investigation into unintended acceleration in certain Toyota models.

Toyota has been under tremendous scrutiny the last several months for producing faulty parts in vehicles which have led to serious accidents all over the country.

Our Boston personal injury lawyers want buyers to beware prior to purchasing their next vehicle. Despite the outcome of the recent investigation by NHTSA, car manufacturers produce thousands of vehicles a year and it is the industry’s responsibility to make sure they are safe and functioning properly.

The government made its announcement after testing fewer than 100 Toyotas. Toyota sold more than 8 million vehicles last year.

Faulty parts like accelerator pedals and floor mats causing the car to accelerate without the driver operating can lead to a serious or fatal Boston car accident.

The National Highway Traffic Safety Administration (NHTSA) employed engineers from NASA to study and test potential electronic causes of unintended acceleration in certain models of Toyotas. NASA engineers, experienced in computer controlled electronic systems, software integrity, and electromagnetic interference; found no electronic defects in Toyota vehicles.

U.S. Transportation Secretary Ray LaHood said, “We enlisted the best and brightest engineers to study Toyota’s electronics systems, and the verdict is in. There is no electronic-based cause for unintended high-speed acceleration in Toyotas.”

According to a follow-up statement posted on Toyota.com by Steve St. Angelo, Toyota’s Chief Quality Officer for North America said “Toyota welcomes the findings of NASA and NHTSA regarding our Electronic Throttle Control System with intelligence (ETCS-i) and we appreciate the thoroughness of their review.”

St. Angelo continues by stating “We will continue to develop and equip Toyota and Lexus vehicles with industry-leading safety technologies, including many based on breakthroughs in sophisticated electronics systems. We will also continue to cooperate fully with NHTSA and respected outside experts in order to help ensure that our customers have the utmost confidence in the safety and reliability of our vehicles.”

The NHTSA is proposing the following actions be taken following the recent investigation of Toyota:

-Look into the placement and design of brake and accelerator pedals to determine if placement can be improved.

-Administer research on reliability and security of electronic control systems.

-Require that event data recorders and brake override systems be installed in all passenger vehicles, as well as, making keyless ignition systems a standard operation by the end of this year.

“While today marks the end of our study with NASA, our work to protect millions of American drivers continues,” said NHTSA Administrator David Strickland. “The record number of voluntary recalls initiated by automakers last year is also very good news, and shows that we can work cooperatively with industry to protect consumers.”

It should be noted that Toyota recalled almost 8 million vehicles in the last 2 years for the sticky pedal and pedal entrapment by floor mats. Failure to recall in a timely manner led to $48.8 million in civil penalties cited by the government for these actions.
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February 12, 2011

Tougher laws reducing risk of Boston car accidents among teens

by Jeffrey S. Glassman

Our Boston personal injury lawyers frequently report that teen drivers are most at risk of getting into a car accident in Boston.

Sadly, motor vehicle crashes are the leading cause of death for teens nationwide, according to the National Highway Traffic Safety Administration

The Boston Herald reported on the recent death of a 19-year-old driver who lost control of his vehicle on Route 93 and fell onto an entry ramp over 30 feet below. It is still unclear why the teen lost control and the accident is still being investigated. The teen driver was pronounced dead shortly after arriving at Massachusetts General Hospital.

The Centers for Disease Control and Prevention reported in 2009 that there were roughly 3,000 teens ages 15 to 19 fatally injured and over 350,000 were hospitalized for injuries sustained in a car crash.

Drivers 16 to 19 years old are 4 times more likely to crash than any other age group when comparing per miles driven. It is startling to think that an average of 8 teens ages 16 to 19 died every day in 2009 as a result of injuries sustained in motor vehicle crashes.

Studies show that states that have a graduated drivers licensing program greatly reduce death and injuries to teen drivers. In fact, an article in The Boston Globe reported that the number of fatal accidents has decreased 75% for young drivers under 18 in Massachusetts in the last three years.

In recent years, the state mandated stricter penalties for teens committing violations, in addition to making it tougher to obtain a driver’s license in the state. Since passing the laws in 2006, speeding tickets for young drivers have plummeted by 60%; similarly, seat-belt violations for drivers and occupants have diminished at a comparable rate. Word of mouth has been a powerful resource in this instance. Teens are driving more responsibly in Massachusetts after hearing horror stories told by their friends following the consequences of a violation.

To obtain everything you need to know about how to acquire your junior operator license in Massachusetts, visit http://www.mass.gov/rmv/jol/index.htm for full list of details including driving tips, statistics, what to expect, and what the law requires.

Young drivers in Massachusetts should always remember to buckle up and drive safely.
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February 10, 2011

Ford teams up to reduce Boston car accidents among teens

by Jeffrey S. Glassman

The Governors Highway Safety Association (GHSA) recently announced that the Ford Driving Skills for Life (DSFL) National Tour will be coming to Boston, among other cities nationwide.

Our Boston personal injury lawyers know that young drivers will benefit from Ford’s driving program, which in turn will reduce their risk of Boston car accidents involving young drivers.

An additional $1 million from Ford is being invested to expand the safety program that started in 2003 in partnership with GHSA. It is one of the nation’s most well-rounded teen driver safety programs.

“Inexperience is the leading cause of crashes in young drivers, and this program delivers the key skill sets that will increase their knowledge, confidence and, ultimately, their safety,” said Sue Cischke, of Ford. “Ford is passionate about helping young drivers learn the rules of the road, better manage distractions behind the wheel and help make America’s roads safer for all of us.”

High schools in these areas will benefit from the program this year: Birmingham, Ala.; Little Rock, Ark.; Hartford, Conn.; Orlando and Tallahassee, Fla.; Atlanta; Shreveport, La.; Portland, Maine; Jackson, Miss.; Manchester, N.H.; Albany, N.Y.; Raleigh/Durham, N.C.; Providence, R.I.; Charleston, S.C.; Burlington, Vt. and Boston.

“This new commitment will bring Ford DSFL into many more communities. State highway safety offices will be able to use this program to complement ongoing laws and programs,” said GHSA Chairman Vernon F. Betkey Jr. “While teen driving safety is a key priority, too often our communities lack the resources to conduct these types of hands-on, high-tech trainings. We are grateful to Ford for helping fill these critical gaps.”

In 2009 the Centers for Disease Control and Prevention reported over 3,000 teens ages 15 to 19 were killed in car crashes. Additionally more than 350,000 needed medical attention from a hospital for injuries sustained in car crashes.

Ford realizes that speed, space management, driver distraction, hazard recognition and vehicle handling are all factors in more than 60% of teen crashes.

Last year The Boston Globe reported on the drop in teen driver fatalities. It cited new laws that went into effect in March 2007, which increased driver’s education requirements and increase fines for new drivers.

Prior to these laws, a new driver getting a speeding ticket would just pay a fine. Now the driver loses their license for 90 days, has to take the driver’s exam again, attend 2 four-hour classes and pay $500 to get their license back.
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February 7, 2011

Hours-of-service restriction could reduce risk of Massachusetts tractor-trailer accidents

by Jeffrey S. Glassman

Proposed hours-of-service changes for commercial truckers could help reduce the risk of Boston trucking accidents and truck accidents nationwide.

A public listening session has been scheduled for next week by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) on its proposed revision to the hours-of-service (HOS) requirements for commercial truckers.

Our Boston personal injury lawyers are familiar with the devastation caused by an accident involving a large truck and consider mandating hours of service critical to reduce the hazards associated with truck accidents.

The purpose of the listening session is to collect a wide range of observations, ideas and pertinent data on the proposed HOS changes. The current requirements are almost a decade old and need revising, though they were relaxed slightly during the final days of the Bush Administration.

The premise for considering these changes is to make sure commercial truck drivers are well rested in order to help prevent commercial vehicle crashes, fatalities and injuries.

“A fatigued driver has no place behind the wheel of a large commercial truck,” said Transportation Secretary Ray LaHood. “We are committed to an hours-of-service rule that will help create an environment where commercial truck drivers are rested, alert and focused on safety while on the job.”

These new rule changes would keep the 34 hour restart condition, but would limit restarts to once per 7 day stage and would include two uninterrupted off-duty periods from midnight to 6 a.m.

The FMCSA’s new rules would also require a driver to finish all driving in a 14-hour workday and to finish all work-related activities within 13 hours (with a 1-hour break).

They are considering reducing total driving time from 11 hours to 10 hours per day but this is still up for debate.

To accommodate loading/unloading at ports and terminals drivers would be allowed to extend on-duty shifts to 16 hours twice a week.

Violating the rules for hours of service could lead to fines being increased to up to $2,750 per offense and companies can be penalized up to $11,000 per offense if they allow their drivers to break the HOS rules.

Final decisions on the rulings will be made by the end of July.
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