Articles Posted in Car Accidents

The Boston personal injury lawyers and staff at Jeffrey Glassman Injury Lawyers wish each of you a safe and enjoyable Super Bowl weekend. While it won’t be as hectic as it would if the Patriots were playing, the year’s biggest football weekend brings an increased risk of drunk driving accidents.

A substantial number of Boston car accidents are caused each year by drunk drivers. The National Highway Traffic Safety Administration reports 151 of the state’s 363 accidents involved alcohol in 2009.
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“Football is one of America’s favorite pastimes, but fans can put themselves in serious danger if they don’t plan ahead,” said NHTSA Administrator David Strickland. “Whether you’re at the game or watching from a sports bar or a friend’s house, designate a sober driver before the game. And remember, Fans Don’t Let Fans Drive Drunk.”

Mothers Against Drunk Driving is encouraging party hosts to be prepared.

“There’s a reason it’s called throwing a party – a host has to be ready for the occasional trick play and juggle the unexpected when it comes to staging an event that’s fun, entertaining and safe for everyone,” the organization said. “Responsible hosts know that part of showing guests a great time is making sure they get home safely.”

Safety tips for party hosts and guests include:

-Plan Activities, which can reduce the consumption of alcohol.

-Avoid Mixers: They can cause alcohol to be absorbed more quickly and may cause people to drink more.

-Designate sober drivers.

-Provide plenty of food.

-Avoid too many salty snacks, which can prompt people to drink more.

-Offer plenty of non-alcoholic beverages.

-Never serve alcohol to anyone under the age of 21.

-Be proactive: If a guest has had too much to drink, make sure they have a safe way home or invite them to sleep over.
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The Business Journals reports several safety organizations are teaming up to offer a lucky teen $1,000 and a trip to Honolulu for creating the best public service announcement aimed at distracted driving.

Our Boston personal injury lawyers frequently report on the dangers of distracted driving accidents and the increased risk teenagers face behind the wheel. Nationwide, 5,000 motorists are killed and 500,000 injured in accidents caused by distracted driving.
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Massachusetts car accidents involving young drivers claimed 68 lives in 2008, according to the National Highway Traffic Safety Administration.

The National Road Safety Foundation and the National Student Safety Program are launching the “JST DRV” Radio PSA Contest. The winning message will be broadcast nationally during National Youth Traffic Safety Month in May.

“The JST DRV Radio PSA Contest hopes to engage young people in communicating important messages about distracted driving in their own voice,” said Michelle Anderson, operations director of the National Road Safety Foundation.

Teens ages 14 to 18 are invited to submit a PSA that talks to teens about the dangers of distracted driving. Entries should be 15 to 30 seconds in length. Three runners-up will get a $500 scholarship and a Bluetooth hands-free device. The winner will receive $1,000, a Bluetooth and a trip to Honolulu to participate in the NSSP National Youth Conference in July.

“A quarter of all teens admit to texting behind the wheel and, in 2009, the highest proportion of distracted drivers in fatal crashes was under the age of 20,” said U.S. Transportation Secretary Ray LaHood. “We know we have to engage teens in order to put an end to distracted driving. With their help, we can educate teens and adults about making smarter choices that will save lives.”

Visit www.nrsf.org or www.adtsea.org/nssp for more information about the competition. Deadline for entries is March 25, 2011.
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At a conference in Waltham this week U.S. Transportation Secretary Ray LaHood announced a multiple-agency partnership that aims to develop technology that will prevent drunk drivers from getting behind the wheel. The technology could someday reduce or eliminate the risk of Boston car accidents caused by drunk drivers.

The Driver Alcohol Detection System for Safety (DADSS) – a five-year $10 million initiative – will explore both touch-base and breath-based blood-alcohol analysis applications capable of evaluating impairment and preventing intoxicated motorists from driving. It is anticipated that integrating such technology as a standard or optional accessory in vehicle manufacturing will be available within the next decade.
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“What we’re doing is developing technology that won’t interfere with sober drivers, will require virtually no maintenance or upkeep and have such precision that it only stops a driver when their blood alcohol content is .08 BAC or higher, which is the illegal limit for drunk driving in every state,” said Shane Karr, V.P. for Federal Government Affairs at the Alliance of Automobile Manufacturers.

Our Boston personal injury lawyers frequently report on the risks of drunk driving — nationwide one-third of all fatal accidents involve alcohol. Somewhere in America someone dies from a drunk driving accidents every 45 minutes.

According to the National Highway Traffic Safety Administration, drivers with a BAC of .08 or higher the time of a fatal car accident are eight times more likely to have been previously arrested for driving while intoxicated than sober drivers linked to fatal wrecks. “Drunk driving continues to be a national tragedy that needlessly claims the lives of thousands of people on our highways each year,” said Secretary LaHood. “We need to put an end to it.”

Our Boston car accident attorneys know this is a topic of special interest for Massachusetts drivers familiar with “Melanie’s Law” – enacted in 2006. Thirteen-year-old Melanie Powell, for whom the law is named, was killed in 2003 by a second-conviction drunken driver, the Patriot Ledger reports. It is her namesake law that imposes stricter penalties and restrictions and heavier fines for those convicted of drunk driving. It also permits state officials to have access to a driver’s entire driving record.

Among other things, Melanie’s Law requires habitual drunk driving offenders to install an ignition interlock device, a template technology similar to what DADSS is developing. Ignition interlock devices operate essentially like a breathalyzer. Before a car with an IID can be started, the driver must exhale into the device. If a breath-analysis indicates a BAC of .02 or higher, the IID prevents the car from being started.

Upon installation of a IID, a multiple-offender driver may get their license reinstated with a “Z” restriction. The “Z” designation indicates to law enforcement that the license-holder is a multiple OUI offender and may only drive a vehicle with an installed, functioning, IID. According to the Registry of Motor Vehicles, more than 4,000 ignition interlock devices have been installed since the program went into effect on Jan. 1, 2006.
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Just a week after a Pennsylvania woman’s texting-induced stumble into a mall fountain hit 3 million views on YouTube, (and an 18-year-old pedestrian was struck and killed while walking along Route 195 in Marion), My Fox Boston reports that one New York lawmaker is aiming to make texting-while-walking a citable offense worthy of $100 fine in his Brooklyn district.

Sen. Carl Kruger believes the ubiquitous presence and use of wireless electronics is directly linked to the increase of pedestrian accidents and fatalities in his community. And he isn’t the only one concerned.
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In their recently released national pedestrian fatality report, the Governors Highway Safety Association found that for the first time in four years the drop rate in pedestrian fatalities appears to be stalling. In contrast, the number of overall traffic fatalities fell 8 percent. Since 2005, the number of pedestrians struck and killed in car accidents has fallen, on average, by 200 victims a year.
In 2005, 4,892 pedestrians were struck and killed along U.S. roads. In 2009, there were 4,091 pedestrian fatalities – a difference in 801 lives.

Our Boston personal injury lawyers frequently report the risks of pedestrian accident caused by distracted driving. Unfortunately, distracted pedestrians also contribute to their own demise.

In Massachusetts alone 48 pedestrians were killed in 2009. During the first six months of the year, 14 people died. During the first six months of 2010, 25 Massachusetts pedestrians died from injuries sustained in a car accident.

In 2008, the City of Cambridge was named “America’s most walkable city” by the American Academy of Pediatrics and Prevention Magazine. The community boasts sidewalks on “virtually every street” and a 30 m.p.h. speed limit maximum on city streets. Cambridge officials estimate about a quarter of community residents walk to work.

City officials have implemented a pedestrian safety awareness initiative that includes five key safety practices, as follows:

~ RED MEANS STOP. Just like motorists and cyclists, pedestrians must follow all traffic signals. That means, wait for a green to go.

~ Only use crosswalks to traverse streets. And, only walk when the “WALK” signal is flashing.

~ Pay attention to your surroundings. Before you step or pedal your way into or through an intersection or turn, or pull away from the curb and merge into traffic – look for cyclist, for pedestrians, for motor vehicles or other obstructions.
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After a couple wonky years where national traffic congestion rates declined due to a poor economy and higher fuel costs, researchers with the Texas Transportation Institute say that as the economy continues to improve so will we see our national traffic congestion index again reflect across-the-board increases.

The 2010 TTI urban mobility report findings suggest that 2008 was the “best” year for commuters in more than a decade. With that said, a review of 2009 data indicates that urban traffic congestion is again on the rise. Traffic got so bad in 2009 that congestion costs soared to $115 billion and the total amount of fuel wasted idling in traffic topped 3.9 billion gallons.
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The Washington Post reports that the TTI annual evaluation has become a high-profile transportation industry resource, and that with its popularity have come questions from detractors regarding the survey parameters.

In some respects, our Boston car accidents attorneys agree that attempting to quantify and qualify commuter misery is as complex as glutted roadways are stressful. But, even more important (and treacherous) than establishing contributing factors is making fixes. Increased use of public transportation and more effective and efficient roadway operations (coordinated traffic signal engineering, for example) top the list.

According to the 2010 report, use of public transportation alone saved 640 million gallons of fuel and cut U.S. traffic delays by an additional 785 million hours.

But what does it all mean for Boston commuters, aside from an increased risk of being involved in a Boston car accident?

The Boston Globe reports that the Boston “metro region” spanning Rhode Island to New Hampshire ranked seventh on the TTI urban mobility report for most time commuters spend stuck in traffic during peak travel time.

Chicago, Los Angeles and Washington D.C. led the nation as the most congested cities. But Boston wasn’t far behind. Essentially, if you commute to work in or around Boston, in 2009 you spent two days – 48 hours – stuck in traffic.

With that said, use of public transit raked in an annual savings of 32.9 million hours, earning Boston a respectable fifth place in this category. As for coordinated traffic signals, Boston didn’t even make the top ten. Trimming just 5.1 million hours off the Boston commute earned the city 14th place. On a lighter note, while we do spend two days inching about the city, we squeak by the top 20 most stressful commutes at 21st.
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State law enforcement officials are reviewing citation data covering the first 90 days since the enactment of a distracted driving law. The law fines motorists $100 for texting and driving in an effort to reduce the risk of Boston car accidents. Meanwhile, the Insurance Research Council is collecting data for a 30-day review of texting-while-driving habits of U.S. motorists.

According to UPI, as of the 90-day mark Massachusetts police had issued 245 texting citations around the state. Meanwhile, data collected by for the IRC report suggests that across the nation 18 percent of drivers surveyed during that time admitted to texting and driving. That’s one in five. Think about that the next time you’re stuck at a red light and everyone around you is fiddling with their phone.
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As our Boston accident attorneys continue to report, distracted driving is one of the leading causes of car accidents in Massachusetts and across the nation.

“These findings confirm that a large number of drivers are engaging in very dangerous behavior,” said IRC Senior V.P. Elizabeth Sprinkle. “The need to find an effective response to this behavior is becoming increasingly clear.”

At least one state lawmaker says that the citation number is admittedly dismally low, but not unexpected. Others say they are surprised it’s so high. It is, after all, a difficult law to enforce. The Boston Globe reports there is some debate regarding the effectiveness of legislation that outlaws a behavior so challenging to spot if practiced with discretion.

And let’s face it, texting can be done covertly. Unfortunately in doing so, the driver only further increases their risk of being involved in a distracted-driving related crash. The Globe reports that texting drivers are 23 times more likely to be involved in a serious or fatal car accident than non-texters.

At 41 percent, the IRC report revealed that drivers aged 25 to 39 were far more likely than any other age group to admit to texting behind the wheel. Behind them, at 31 percent, were drivers aged 16 to 24. Just 12 percent of drivers 40 to 54 text and drive; and, for drivers 55 and older, that number drops to five percent.

The National Highway Traffic Safety Administration reports that 20 percent of all traffic fatalities – roughly 5,500 people – were killed last year in crashes linked to distracted driving. Another 448,000 were injured.

Advocates of distracted driving laws say it isn’t the number of tickets that are issued that matters, but raising awareness that counts. A AAA Foundation spokesperson told the Boston Globe she thinks that from a public-awareness perspective the campaign is off to a great start.
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Distracted driving has been a danger to drivers for many years but it seems to be more of a focus for government officials now that cell phone use has become commonplace behind the wheel.

Boston drivers might ask themselves, is cell phone use (handheld or hands free) the primary distraction relating to Massachusetts automobile accidents?
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Our Boston personal injury lawyers know distraction is one of the leading causes of serious and fatal accidents in Massachusetts. But there is a growing debate about whether the crash data supports the focus on cell phone use and text messaging when it comes to distracted driving, according to a recent article in USA Today.

Distracted driving has always been a cause for accidents; it just seems the awareness is now there more than in the past. Over the past five years, studies have shown that fatal accidents associated with driving distracted have gone from 10% in 2005 to 16% in 2009.

Last September the NHTSA did an analysis of 7,000 crashes. They found that 30% of crashes were a result of at least one of 14 sources of distracted driving found in a vehicle.

Texting did not appear to be a factor in any of the 7,000 crashes analyzed. This is ironic, considering the number of monthly text messages sent has increased from 7 billion in 2005 to 173 billion in 2010.

In the 7,000-crash study, 16% of the crashes were reportedly due to talking to another passenger; talking, hanging up, or dialing accounted for 3.4% of the crashes; and looking at other objects in the car accounted for 3.2%.

Perhaps the auto-making industry could be held somewhat accountable for distracted driving. In a period in which vehicles come equipped with so many gadgets, bells, and whistles, it is difficult not to become distracted while driving. Despite the phone-related technology that most vehicles come equipped with, the automakers have taken a stand in support of state legislatures to ban all cell phones and texting devices. And to make it a primary offense in each state. However, restricting hands-free calls is not something they are in support of.

Focus Driven is an advocate group celebrating their one year anniversary on the fight against cell phone use while driving. Though their goal is not to punish drivers, their message is to make a choice. Choose to put the safety and well-being of those around you more important than texting or talking on the cell phone.

Child safety advocates want the focus to be put back on children rather than so much emphasis on distracted driving. The 2009 data showed that child fatalities for those under age 14 were down 3%, however, ages 1-6 deaths were up 18 percent.

Using state funding to put the focus back on safety belts and child restraints is equally as important as using monetary resources to govern distracted driving and cell phone bans. Drivers and families who use common sense, regardless of the law, will be best able to avoid a serious or fatal accident.
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February is the safest month for driving on roadways (with the exception of 2008) over the last 4 years according to a report by National Safety Council.

The month of February has seen slightly over a 31% decrease in motor vehicle crashes between 2007 and 2010, which is more than double all other months except January and March.
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Boston drivers may find it curious since winter weather can be a leading cause of Massachusetts auto accidents during the winter months.

Deaths in motor vehicle accidents are down 4% in the months of January – November 2010 according to a report by the National Safety Council. The 2010 motor vehicle death count was reported at 31,740, down from 33,180 in 2009 during the same months. Fatal accidents are down 13 percent between 2008 and 2010.

Massachusetts only has a 4 month comparison as opposed to an 11 month comparison like most other states. Using the same four months to report data, Massachusetts recorded a 3 year low in motor vehicle deaths in 2010. The 2010 total was 77, down from 92 the previous year. This is a 16% decrease in motor vehicle deaths year-over-year.

According to the National Highway Traffic Safety Administration 74% of passenger vehicle occupant fatalities in Massachusetts occurred in passenger cars. The remaining 26% of passenger vehicle occupant fatalities occurred in SUVs (14%), pickup trucks (8%), and vans (4%).

Like most things, the NSC reports that estimated costs for motor vehicle deaths, injuries, and property damages have risen. The estimated cost for January-November 2010 is $216.5 billion. Reportedly this is a 12% increase over 2009. The costs include things like administrative expenses, property damage, wage and productivity losses, and medical expenses. Without legal help, those costs too often fall on the shoulders of injury victims.
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The National Safety Council reports about 1,500 fewer lives were lost on the nation’s roads during the first 11 months of last year.

Our Boston car accident lawyers have reported the impact the economic downturn has had on serious and fatal car accidents in Massachusetts and elsewhere in the nation. Fewer jobs has meant fewer cars on the roads during rush hour and less vacation travel. Those trends are reversing in about a dozen states, which saw slight increases in the number of fatal accidents last year as the nation climbs out of the Great Recession.
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Through November 2010, a total of 31,740 fatal crashes were reported — a 4 percent reduction from the 33,180 reported during the same period of 2009. Figures for 2009 were 9 percent lower than 2008, while 2008 figures were 10 percent lower than 2007.

Massachusetts was one of the few states that could not provide all of its accident data for the first 11 months of the year. For the four months reported, fatal Massachusetts car accidents claimed 77 lives, compared to 92 lives in 2009 and 79 lives in 2008.

Of course, fatal accidents tell only a part of the story. About 3.1 million motorists were seriously injured in traffic accidents during the first 11 months of last year. The cost of accidents, including serious injury and death, was estimated at $216.5 billion.
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The National Highway Traffic Safety Administration has released comprehensive information on safe winter driving amid what is becoming one of the toughest winters in recent memory.

Our Boston personal injury lawyers continue to urge you to stay off the roads whenever possible in bad weather. In cases where going out is unavoidable, please allow plenty of extra time to reach your destination. Telling someone where you are going and when you plan to arrive is also a good idea, as is traveling with a full tank of gas.
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The government offers the following advice for safe winter driving in Massachusetts:

Car Maintenance

-Get a tuneup.

-Have vehicle hoses, belts and fluids checked.

-Have battery checked and/or replaced.

-Have cooling system checked.

-Fill windshield-wiper fluid with proper mixture and keep an extra bottle in trunk.

-Check wipers and defrosters.

-Inspect and replace worn tires.

Driving

-Practice winter driving during the day in an empty parking lot.

-Drive slowly.

-Brake carefully and steer into skids.

Winter Travel

-Check weather and road conditions.

-Give yourself plenty of time.

-Tell others of your planned route and intended arrival time.

-Travel with plenty of gas in the tank.

-Avoid hazardous travel conditions whenever possible.

Emergency Kit

-Broom, shovel and ice scraper
-Sand, kitty litter or other abrasive material for traction.

-Jumper cable, flashlight, warning devices tools.

-Blankets.

-Cell phone.

-Food water and necessary medications.

If Stranded

-Remain calm.

-Don’t overexert.

-Stay with your vehicle.

-Tie bright cloth to antenna or window.

-Run vehicle sparingly. Keep tailpipe clear. Beware carbon monoxide.

Protect your Family

-Wear your seat belt.

-Avoid distracted driving.

-Understand bulky winter clothing can impact fit of car seats and seat belts.
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