Car Accidents

September 27, 2010

Fatal highway construction accident illustrates dangers for Massachusetts road crews

He would have turned 58 on Sept. 16, the Boston Globe reports. Instead, the father of two boys who immigrated here from Russia many years ago for a chance at a better life leaves behind a mourning wife, two sons.

The inspector for Massachusetts Department of Transportation was struck and killed late Tuesday night while checking pavement temperatures at a Framingham construction zone. Authorities say an out-of-state driver was under the influence of alcohol at the time of the fatal Massachusetts construction accident.

After the accident, both the driver and the passenger fled their vehicle but were chased and caught by D&R Paving construction workers as the victim lay bleeding from a head injury in the breakdown lane. Both men, each of whom have a string of driving offenses in Massachusetts, Maine and Vermont, have been charged with OUI and leaving the scene of an accident with personal injury. The primary driver, a 29-year-old transient construction worker from Maine, was also charged with motor vehicle homicide.

The Bureau of Labor Statistics reports that in 2008 and 2009, there were 594 workers killed nationwide in transportation incidents where an employee was struck by a vehicle. In the field of highway, street and bridge construction, in 2009, there were 71 worker fatalities, 31 caused by a worker being struck by a vehicle while on the job. The National Highway Traffic Safety Department reports there were 364 alcohol-related fatal Massachusetts car accidents in 2009.
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September 20, 2010

Drowsy driving remains a silent contributor to Massachusetts car accidents

by Jeffrey S. Glassman

According to the National Sleep Foundation, 103 million drivers admit to falling asleep behind the wheel and 168 million say they’ve driven while drowsy. Of these, 11 million drivers admit they’ve either had a car accident or narrowly avoided one after dozing off behind the wheel. It is estimated that driver fatigue is responsible for about 71,000 injuries, 1,550 fatalities and comes with an annual price tag of about $12.5 billion annually.

With that said, what role sleepiness or driver fatigue plays in car accidents and near misses is difficult to calculate since few drivers attribute hazardous driving to fatigue, and field testing for driver exhaustion has yet to be invented.

In 2008, NSF issued a nine-question survey to all 50 states and Washington D.C. The survey ranked each state according to drowsy driving legal provisions, law enforcement training, sleep-disorder medical and driver restrictions, and public awareness and education efforts. Massachusetts was one of 33 states (Washington D.C. included) to earn a C and Mississippi was the only state to earn a B. The NSF issued 14 states a D grade, and 3 states earned an F.

NSF offers a handful of simple warning signs that indicate a driver is fatigued enough to be dangerous on the road:

~ Frequent blinking paired with heavy eyelids.

~ Realizing you are drifting, hitting rumble strips or suddenly swerving.

~ Missing exits, failing to properly respond at traffic signals and signs, momentary feelings of blackout.

~ Literally nodding off.

~ Blasting the radio or fussing with raising/lowering your windows.
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September 20, 2010

Massachusetts traffic accidents expected to post across-the-board declines in 2009

by Jeffrey S. Glassman

As our Boston injury lawyers await the release of Massachusetts traffic statistics for 2009, a look at the national statistics shows a decline in serious and fatal accidents across the board.

The number of fatal Massachusetts traffic accidents declined to 334 last year, from the 364 reported in 2008, according to the new statistics released by the National Highway Traffic Safety Administration.

Nationwide, 33,808 traffic fatalities were reported last year, compared to the 37,423 people killed in 2008. It was the fewest killed on the nation’s roads since 33,186 died in 1950.

Injury accidents and motorcycle fatalities also declined for the first time in a decade.

While safety officials were quick to credit enforcement efforts, including seat belt campaigns and anti-drunk driving efforts, other safety advocates also point to the downturn in the economy as a primary reason for the overall reduction in serious and fatal traffic crashes.

The Governors Highway Safety Association also points to the federal focus on distracted driving and the dangers of cell phone use and text messaging as a primary reason for the reduction.

It is very encouraging that fatalities have declined in all categories and vehicle types. It is also a sign of great progress that reductions were achieved in forty-one states,” said Executive Director Barbara Harsha. “Secretary LaHood’s focus on distracted driving has brought an unprecedented focus to behavioral highway safety, and as a result, lives are being saved.”

Traffic Fatalities: 33,808; down 9.7 percent from 37,423 Passenger Vehicles: 23,382; down 8.2 percent from 25,462 Large Trucks: 503; down 26 percent from 682 Motorcycles: 4,462; down 16 percent from 5,312 Pedestrians: 4,092; down 7.3 percent from 4,414 Bicyclists: 150; down 12 percent from 188
Injuries were also down in every accident category:

Total Injuries: 2.217 million; down 5.5 percent from 2.346 million Passenger Vehicles: 1.976 million; down 4.6 percent from 2.072 million Large Trucks: 17,000; down 26 percent from 23,000 Motorcycles: 90,000; down 6.3 percent from 96,000 Pedestrians: 59,000; down 14 percent from 69,000 Bicyclists: 51,000; down 1.9 percent from 52,000 Continue reading

September 18, 2010

Underage drinker dies in single-vehicle Massachusetts car accident, party host to be charged

by Jeffrey S. Glassman

A 19-year-old Sudbury teenager faces charges after serving a fellow teenager alcohol at a party thrown at his family’s Willis Road home. The 18-year-old guest later left the party and died in a one-vehicle Massachusetts car accident after the Mercedes-Benz SUV he was driving veered off the road and into the woods, the Boston Globe reports.

Depending on the state, Dram Shop and other laws permit a host of a private party or the owner of a bar or restaurant to be sued for negligence in over-serving liquor to a guest. Dram Shop is an old English term: Dram was a unit of measure used to serve liquor over the counter.

Law enforcement officials believe that the young man was speeding and intoxicated. He was not wearing a seat-belt and may have been on his cell phone prior to the crash. Both men are 2009 graduates of Lincoln-Sudbury Regional High School. If convicted under the social host law, the party host could be fined up to $2,000 and faces up to a year in jail.

The Center for Disease Control reports that every 45 minutes a person in the U.S. dies in an alcohol-related car accident and the cost drunk driving crashes exceeds $51 billion annually. In 2008, nearly one-third of all traffic fatalities – claiming 11,773 lives – were caused by alcohol-related car accidents. During the same time frame, more than 1.4 million drivers were charged with DUI, representing less than one percent of the 159 million incidents of self-reported alcohol-impaired driving among U.S. adults each year.

Despite a downward trend from 2008-2009 in Massachusetts fatal car accidents; there were still 698 fatalities, of which 228 – one-third – involved alcohol, the National Highway Traffic Safety Administration reports.
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September 15, 2010

Fatal Massachusetts drunk driving accidents follow national trend; responsible for one-third of deaths

by Jeffrey S. Glassman

While our Boston injury lawyers reported on the recent historic drop in traffic accidents last year, one-third of traffic fatalities nationwide remained the fault of drunk driving, according to new statistics just released from the National Highway Traffic Safety Administration.

Alcohol-related Massachusetts car accidents were responsible for 108 of 334 fatalities in 2009, compared to 120 of the 364 traffic fatalities in 2008. Nationwide, 10,839 motorists died in alcohol-related crashes last year, compared to 11,711 in 2008. While 33 states reported a decline, alcohol involvement in 1 in 3 fatal traffic deaths is still much too high.

“We are still losing more than 30,000 lives a year on our highways, and about a third of these involve drunk driving,” said NHTSA Administrator David Strickland. “We will continue to work with our state partners to strictly enforce both seat belt use and anti-drunk driving laws across this nation, every day and every night.”

As we reported earlier this month on our Boston Car Accident Lawyer Blog, new data shows that eight percent of all motorists — or some 17 million drivers — have driven drunk in the last year, despite the fact that 80 percent say drunk driving is a major threat to the safety of their family.

Organizations like Mothers Against Drunk Driving are vowing to redouble efforts to prevent the kind of senseless tragedy that results from drunk driving accidents in Massachusetts and elsewhere.

The states with the highest percentage of drunk driving accidents last year included Connecticut (44 percent), Hawaii (48 percent), Kansas (40 percent), Rhode Island (40 percent), South Carolina (42 percent), South Dakota (40 percent) and Washington (42 percent).
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September 13, 2010

Fatal Massachusetts car accidents follow nationwide decline in 2009

by Jeffrey S. Glassman

Four people an hour died on the nation’s roads last year, or almost 100 motorists a day. And more than 2 million were injured, according to new statistics released by the National Highway Traffic Safety Administration.

Still, the nation posted the fewest fatalities than at anytime since 1950. A total of 33,808 motorists were killed last year, a decrease of nearly 10 percent compared to the 37,423 who died in 2008. The number of people who were injured in auto accident declined for the 10th year in a row, dropping to 2.217 million last year from the 2.346 million reported injured in 2008.

“Today’s announcement shows that America’s roads are the safest they’ve ever been,” U.S. Transportation Secretary Ray LaHood said. “But they must be safer. And we will not rest until they are.”

Fatal Massachusetts car accidents declined to 334, from the 364 reported in 2008. The 30 fewer fatalities represent a decline of 8.2 percent, slightly less than the national average. As our Boston car accident attorneys have reported, Massachusetts has been one of a dwindling number of states that have not enacted a texting and driving ban or other laws to combat distracted driving. A new law has since passed and could further reduce the number of serious and fatal accidents in the coming year.

Mass Live reports that Massachusetts did have the fewest fatal accidents per capita, at 5 deaths per 100,000 residents.

Fatalities declined across all categories, including motorcycles; the number of fatal motorcycle accidents declined by 850, the first drop in more than a decade. Still, the Centers for Disease Control and Prevention reports that motor vehicle crashes are the leading cause of death for those ages 3 to 34.

“Today’s numbers reflect the tangible benefits of record seat belt use and strong anti-drunk driving enforcement campaigns,” said NHTSA Administrator David Strickland. “But we are still losing more than 30,000 lives a year on our highways.”

A total of 41 states reported fewer accidents, led by Florida (422 fewer fatalities) and Texas (405 fewer).
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September 11, 2010

MADD vows to continue fight against drunk driving car accidents in Massachusetts

by Jeffrey S. Glassman

A new survey found that 80 percent of Americans consider drunk driving to be a primary threat to the safety of their family, a statistic that has Mothers Against Drunk Driving vowing renewed vigilance as we head into the heart of the 2010 holiday season when motorists will be most at risk for a drunk driving accident in Boston and throughout the rest of the nation.

Despite the concern from 4 of every 5 motorists, about 8 percent of all drivers – or some 17 million motorists – admitted to driving drunk in the last year, according to the National Highway Traffic Safety Administration.

“The survey makes one thing very clear: drunk driving remains a primary threat to the American family,” said Laura Dean-Mooney, MADD National President. “This means that MADD’s work won’t be done until cars are turned into the cure, eliminating drunk driving forever.”

Still, much progress has been made: Drunk driving fatalities have declined by 44 percent since MADD was organized 30 years ago. The survey found continued support for ignition interlock devices and sobriety checkpoints, two of the cornerstones of the organization’s “Campaign to Eliminate Drunk Driving.”

Like most poor driving habits, the survey also found that teen drivers are among the most at risk. About one-fourth of young males admitted to either driving drunk or riding in a car with a drunk driver at some point in the last year.

“We know that the younger kids start drinking alcohol, the more likely they are to become drunk drivers,” said Dean-Mooney. “This data reiterates that point and makes it clear that parents need to talk to their kids about the dangers of drinking underage early, and often.”
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September 10, 2010

Brady uninjured after Boston car accident

by Jeffrey S. Glassman

Tom Brady claims a minivan ran a red light and caused a Boston car accident in which the star quarterback of the New England Patriots was involved on Thursday morning, the Boston Globe reported.

Brady said he was driving in Back Bay when he entered the intersection at Commonwealth Avenue while traveling on Gloucester shortly after 6:30 a.m. He said the light was green when the minivan entered the intersection from the other direction. He said he swerved to avoid the crash but ended up broadsiding the van. The 21-year-old driver of the van also claimed to have the green light when he was struck by Brady’s Audi.

Police cited the other driver for running a red light, based on information from a witness. The witness said she was walking her dogs and could confirm that Brady had the green light. The Globe reports that the other driver has had his driver’s license suspended five times since first earning the right to drive in 2006.

Brady was uninjured. However, the father of the other driver had to be extracted from the minivan by the Jaws of Life.

Records show the at-fault driver has been cited repeatedly for not wearing a seat belt and failing to properly secure children in his vehicle. His license was suspended in 2008 for having amassed seven traffic citations in three years.

The New York Daily News reports that Brady’s Thursday got better as the day went on. By Thursday night he had signed a contract extension making him the NFL’s highest paid player at $19 million a season.
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September 8, 2010

Life-saving technology being tested in Waltham; fewer Massachusetts drunk driving accidents could result

by Jeffrey S. Glassman

Fewer Massachusetts drunk driving accidents could result from a system under testing in Waltham, which could prove the greatest lifesaver since the seat belt, the Boston Globe reports.

The system would test the blood-alcohol level of all drivers with just the touch of a button — before permitting a car to start — and could become as standard as seat belt or airbags in next-generation automobiles. Currently, ignition interlock devices, which conduct a breath test on drivers before permitting a car to start — are required for those convicted of two or more drunk driving offenses in Massachusetts. They have been mandated for first-time offenders in some states, including New York.

But the $10 million program backed by the National Highway Traffic Safety Administration is the first that would develop a high-tech instrument for the mass market, which could be installed as standard equipment in all new automobiles.

Safety advocates contend the devices could save 9,000 of the 11,000 people a year who are killed in alcohol-related traffic accidents. That would be a staggering achievement rivaled only by the 15,000 lives a year saved by seat belts.

The devices are currently under development at QinetiQ North America, a Waltham defense contractor with a five-year trial that ends in 2013.

A number of hurdles remain, not the least of which are the privacy concerns and implications. The prototype devices would also need to be cheaper and smaller to make them conducive to mass-market use. Prototypes are about the size of a shoe box or larger.

“MADD is very excited about this,” said Mothers Against Drunk Driving spokesman J.T. Griffin. “This could really eliminate drunk driving in America.”

In 2008, 151 of 363 fatal car accidents in Massachusetts involved alcohol.
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September 6, 2010

Teens at increased risk of distracted driving car accidents in Massachusetts

by Jeffrey S. Glassman

Despite an aggressive national public service campaign and text messaging bans in 30 states, 9 out of 10 teens admit to distracted driving
Two seconds. Two seconds is the time it takes to turn off, or answer, a cell phone. For teenage drivers in Massachusetts a two-second distraction can mean the difference between life and death, between getting into a Boston car accident or avoiding one.

Despite this simple truth, a recent online survey conducted by Seventeen magazine and auto club AAA found that 86 percent of teens admit to distracted driving – including texting and talking on their cell phones – while behind the wheel, usatoday.com reports. What makes this figure more disturbing, is 84 percent of teens admit they know distracted driving is dangerous.

In an effort to reduce the number of Massachusetts car accidents, after six-years of debate state lawmakers have penned the Safe Driving Act, which goes into effect on Sept. 30. As our Boston car accident attorneys reported earlier on our Boston Car Accident Blog, the agreement, among other things, bans Massachusetts teens from using cell phones, laptops and other hand-held electronic devices while driving.

Of course, chatting or texting aren’t the only ways for teen drivers to be distracted, although according to distraction.gov, drivers using a hand-held electronic device while behind the wheel are four times more likely to be involved in a serious injury car accident. Other common distractions include: eating or drinking, applying makeup or grooming, reading (maps included), watching a video, or changing radio stations/CDs.

For more information, or to participate in the Seventeen magazine’s Two-Second Turnoff Day viral video challenge, go to http://www.seventeen.com/fun/articles/two-second-turnoff.
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