Articles Posted in Car Accidents

It is no secret that motorists caught speeding in a road construction zone face double fines as authorities work to reduce the number of serious and fatal Massachusetts construction accidents in roadwork zones.

But the Boston Globe recently reported on a reader’s surprise to learn that the double fines apply even when workers are not present. The motorist questioned whether there is any viable evidence that construction zones increase the risk of an accident.
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The Globe reported that such data does not exist, largely because determining accidents per-vehicle-mile-traveled (which you would need to do to get an apples-to-apples comparison) is largely impossible because of the shifting nature of roadwork and the task of trying to determine exactly how many miles are under construction at any given time.

Still, statistics suggest motorists driving in construction zones are at high risk, whether or not workers are present. Nationwide, 720 people, mostly motorists, were killed in work zones in 2008. And one study, sponsored by the National Work Zone Safety Information Clearinghouse, found that accidents increased by 88 percent in long-term construction zones around Chicago.

“Many road and bridge construction zones have altered lane configurations, lane shifts, and closures and a number of people working near live traffic,” explained Adam Hurtubise, spokesman for the Massachusetts Department of Transportation. “These situations can be unfamiliar to drivers, even those who drive those particular roads regularly.”

And that’s the real crux of the matter when it comes to Massachusetts car accidents. Many of these accidents are caused by driver distraction. In other cases, it is just the variance from the driving norm — stopped traffic in the road, flashing lights, shifting lanes, oncoming traffic sharing the road — that increases the risk for an accident.

We’ve all experienced the crawling sensation of slowing down for a work zone (often from 10 over the speed limit to 10 or 20 mph below the normal limit). But the fact of the matter is that driving faster is just not safe. And driving the work-zone speed limit will get you to your destination much faster, and far more economically, than will being pulled over and cited by law enforcement or being involved in an accident.
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A 39-year-old man has been charged with drunk driving in connection with a Cambridge car accident that injured a state trooper, the Globe reported.

It is the third time in two weeks that a Massachusetts state trooper has been struck by a motorist. As we reported on our Boston Personal Injury Attorney Blog, a trooper was struck in the leg while conducting a traffic stop on southbound Route 128 over the Fourth of July weekend. And a 52-year-old state trooper was killed on 1-95 while making a traffic stop. Both drivers in that case have been charged with drunk driving.

In this case, the defendant reportedly told investigators that he had consumed four beers in the half hour before the Cambridge crash. He pleaded not guilty to charges of operating under the influence, operating under the influence of liquor causing serious bodily injury with negligence and negligent operation of a motor vehicle. Authorities say the man has two other OUIs on his record. State police say they gave him a blood-alcohol test two hours after the crash and he tested .15, nearly twice the legal limit of .08 for drunk driving in Massachusetts.

He was allegedly driving a Nissan Maxima when he hit a state police captain who was directing traffic in Cambridge following the Fourth of July fireworks display.
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Vibrating car seats could soon warn drivers of an impending Massachusetts car accident.

MSNBC reports the seats are the latest safety feature that could begin appearing in new cars. Recent years have seen a host of new safety features, including curtain airbags, backup warning sensors and rearview cameras. While our Boston accident lawyers applaud the focus on safety, we have concerns about the extent to which such systems take the focus on safety out of the hands of drivers. For instance, drivers in cars with backup sensors are at higher risk for an accident when driving a car not equipped with the sensors. Their reliance upon a vehicle’s safety features has reduced their own awareness.

The new seats will alert drivers to cars in a vehicle’s blind spot or other hard-to-see spots around the rear of a vehicle. After wearing a seat belt, situational awareness remains the second most important safe driving virtue. However, as motorists zone out on the road, checking a car’s blind spot becomes the first safe-driving habit to go, MSNBC reports.

The vibrating, or “touch” system, has advantages over video or audio warning systems, according to the seat’s inventor, John Morrell of Yale University. Existing audio and visual warning systems just add to driver distraction while a touch cue can transmit location of the danger without requiring a driver to turn their head.

The seat’s vibration corresponds to the area of the car where the danger arises, so that a car pulling along the rear-right side will trigger sensors in the lower right seat back.

No question the increased safety of modern vehicles has helped reduce the number of serious and fatal car accidents. Fatal accidents have declined nationwide, from 41,501 in 1998 to 37,261 in 2008, according to the National Highway Traffic Safety Administration.

To the extent that motorists use such safety systems to augment their awareness, we think they are welcome improvements. It’s when they become a crutch for inattention that a motorist could face the increased risk of being involved in a serious or fatal car accident.
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The texting craze has apparently captivated older generations as a study released by the Pew Research Center indicates adults are just as likely as teenagers to text while driving.

Our Boston accident attorneys frequently report on the dangers of texting while driving. As we reported earlier this month on our Boston Car Accident Lawyer Blog, lawmakers just sent a proposed law to the governor that would make it illegal to text while driving in Massachusetts.
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CNN reports that the research by the Pew Center found that nearly half (47 percent) of adults admitted to sending or receiving text messages while driving.

By comparison, 34 percent of teenagers admitted to texting while driving, according to a Pew Center report released last fall.

A similar percentage of adults (27 percent) and teens (26 percent) said they had sent text messages while behind the wheel. The statistics come as a bit of a surprise, as previous studies have suggested teenagers and young adults are most at risk of being involved in an accident while texting and driving.

“Adults may be the ones sounding the alarm on the dangers of distracted driving, but they don’t always set the best example themselves,” Mary Madden, a senior research specialist at Pew, said in a statement.

Overall, the study did find that those ages 18 to 34 were more likely to text and drive than other age groups. That holds with information from the federal government, which suggests that those under 20 have the highest proportion of distracted driving accidents.

Nationwide, more than 6,000 people are killed and 500,000 are injured each year in distracted driving accidents, according to the National Highway Traffic Safety Administration.
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State lawmakers have reached a tentative agreement on a new law that would ban motorists from texting while driving. The effort is aimed at reducing the number of Massachusetts car accidents caused by distracted driving.

As we reported recently on our Boston Car Accident Lawyer Blog, state leaders were taken to task in a report issued by the Governors Highway Safety Association, which found that Massachusetts lags being most of the rest of the states in the nation for efforts aimed at reducing distracted driving.

After six years of debate, the agreement would also ban young drivers under the age of 18 from using a cell phone while driving, the Boston Globe reported. Drivers over the age of 75 would be required to have their vision tested and would need to renew their license in person, rather than online.

Once passed, the Safe Driving Act will head to the governor’s office, where a spokesperson said he would review it. The effort would make Massachusetts the 29th state to ban texting while driving and the 29th to ban cell phone use for drivers under 18.

The texting ban would also cover e-mailing, Internet searches and other non-calling activities on phones, laptops and handheld devices by drivers. Texting, or phone calls by those under 18, would be allowed in an emergency or when a car is parked.

“If you’re behind the wheel and you’re texting and law enforcement sees you, you will be pulled over, you will be cited, and you will be paying a substantial fine,” said Sen. Steven Baddour.

The law would also make it easier for police officers and doctors to alert the Registry of Motor Vehicles regarding the driving fitness of older motorists. Massachusetts has more than 300,000 drivers over the age of 75 and about 170,000 drivers within five years of turning 75. Nearly 50,000 drivers are under the age of 18.

Under the proposed law, the Registry would also be required to establish an educational campaign warning of the dangers of distracted driving.
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Nine kids a day die in car accidents in the United States, according to the Centers for Disease Control and Prevention. And a recent report by the USA Today found that summer is the most dangerous time of the year for teenage car accidents.

As we reported earlier this year on our Boston Car Accident Lawyer Blog, parents need to remain proactive in warning their children about the dangers of being involved in a serious or fatal Massachusetts car accident.

Traffic accidents are the leading cause of death for young people ages 15 to 20, according to the National Highway Traffic Safety Administration. Sixty-eight teens were killed in Massachusetts car accidents in 2008.

Summer is the most dangerous time of the year for teenage drivers. And the excitement surround summer holidays, including the upcoming Fourth of July weekend, can be particularly dangerous. Not surprisingly, authorities pin the increase in risk on less parental supervision, more night driving, more driving with friends and fewer curfew restrictions. Over the course of the year, Friday and Saturday nights from 10 p.m. to midnight are the most dangerous hours for teens on the road. But those statistics go out the window during the summer months.

“For many kids, every day in the summer is a weekend day,” says Justin McNaull, state relations director for auto club AAA. “Driving with your buddies to find a party at 10 p.m. is very different from driving to school at 7 a.m. on a weekday. There’s a very different environment both outside and inside the vehicle.”

The National Safety Council is offering free downloads of its “Family Guide to Teen Driving Safety.”

AAA provides the following tips and risk factors for teen drivers:

Risk Taking: Don’t do something you’ll regret for the rest of your life. Accidents don’t just affect you, they affect passengers, other drivers, pedestrians, bicyclists, children and families.

Unbuckled Belts: Wear your seat belt and make sure that all passengers are buckled up.

Speeding: Obey the speed limit. One-third of teen fatalities involve speeding.

Rowdy Passengers: Adding a passenger increases a young driver’s chances of an accident by about 50 percent. With two or more passengers, the risk of an accident increases fivefold.

Cellphones: Focus on the road. Don’t use a cell phone or text message while driving. Teens are at the highest risk for an accident as a result of text messaging or talking on the phone.

CD Players: Adjusting the radio is the most common distraction for drivers ages 16 to 20.

Nighttime Driving: Teen drivers are twice as likely to get into an accident from 9 p.m. to 6 a.m. than they are during the day.

Drinking and Driving: One-sixth of 16- and 17-year-olds killed in crashes were legally intoxicated.

Peer Pressure: Consider the risk factors before getting into a car with another driver. Never ride in a car with a driver you don’t trust or with a driver that has been drinking. Never ride in an unsafe vehicle or in a vehicle with more passengers than can safely be accommodated.

Overconfidence: Inexperience and overconfidence frequently lead to crashes when new drivers encounter unexpected or unfamiliar situations.
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State officials are doing a poor job of reducing the dangers of Massachusetts car accidents caused by distracted driving, the Boston Globe reported.

The Governor’s Highway Safety Association reports that 28 states have enacted bans on text messaging while driving. Georgia and Vermont enacted such laws just this month. Meanwhile, lawmakers in the Massachusetts House and Senate have passed different versions and continue to squabble over the details.

“A lot of it is common sense that people need to practice on their own,” said State Sen. Steven Baddour, who expressed optimism that lawmakers would pass legislation and send it to the governor before the session ends on July 31.

Seat belt use and not driving drunk are common sense, too.

“We’re really where we were with drunk driving 25 years ago,” said Jonathan Adkins, spokesman for the association. “You have to have a comprehensive system of approaches to address highway safety problems.”

Massachusetts also lags behind other states in the use of public education and law enforcement efforts aimed at reducing distracted driving, according to the report.

Other common forms of distracted driving includes talking to passengers, dressing, applying makeup, grooming, eating, smoking, reading or using in-car electronics like stereos and GPS devices.

Massachusetts does not record distracted driving as a cause of accidents, as 43 other states do. And it does not ask about the issue in driver exams. Nor does it enlist employers in the effort to reduce the dangers distracted drivers pose on the road.

“Massachusetts has not really focused on this issue in terms of their policy or their practice compared to other states,” said Jeff Larson, who heads a Massachusetts nonprofit that promotes safe driving. “I don’t think it has thus far been taken seriously by the state.”

While the overall number of traffic fatalities has declined, from 42,836 in 2004 to 37,261 in 2008, the number of people killed in distracted driving accidents has increased, from 4,978 in 2004 to 5,870 in 2008.
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The investigation into the April Boston car accident involving an MBTA trolley and members of the Boston College championship hockey team has largely cleared the students of wrongdoing. New information has left the transportation authority answering some tough questions. This case perfectly illustrates why an attorney should always be called to handle an injury case, regardless of what investigators determine at the scene or what parties claim in the immediate aftermath of an accident.

It now appears that these kids did very little wrong in an incident that colored the school’s championship performance and led to national media scrutiny.

As we reported on our Boston Personal Injury Attorney Blog, the SUV full of Boston College students collided with the Green Line trolley on a Saturday night in April in an accident that Massachusetts Bay Transportation Authority officials were quick to blame on the students.

Three of the passengers were members of the Boston College hockey team, which had just won the National Championship. Police reported finding Vodka in the Jeep and an MBTA official said three passengers took themselves to the hospital after fleeing the scene. The circumstances turned a relatively minor incident into national news covered by the USA Today, the New York Times and ESPN.

However, the Boston Globe now reports that the MBTA suspended the trolley driver for two weeks in May after the agency’s investigation determined he was driving 35 mph at the time of the crash — well over the 10 mph speed limit in that area. Then, in a closed hearing last week, the most serious charges against the Jeep’s driver were dismissed after toxicology results showed she had not been drinking.

On the heals of that news, the MBTA suspended the driver indefinitely this week and are pursuing perjury charges against him for testimony he gave in a hearing about the crash. The 34-year-old driver testified he had a clean driving record, despite having recorded multiple moving violations in both Massachusetts and Florida.
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The National Highway Traffic Safety Administration is launching a Safe Summer Driving campaign aimed at reducing the number of serious and fatal accidents on the nation’s roads during the summer driving season.

Our Boston injury lawyers encourage families to open a dialogue about the dangers of poor driving decisions, including speeding, drunk driving, distracted driving and other behavior that can lead to a serious or fatal Massachusetts car accident.
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Distracted Driving: As we continue to report, distracted driving is one of the leading causes of serious and fatal traffic accidents nationwide. The government estimates that 6,000 people are killed and more than 500,000 are seriously injured each year in driving accidents caused by distracted drivers. Drivers who text message or use cell phones while behind the wheel are at particularly high risk. Other forms of driver distraction include eating, grooming or applying makeup, talking to passengers or using in-car electronics like Mp3 players and GPS devices.

Vehicle Maintenance: Many of us limit our winter driving to commuting to and from work or school. But the summer brings with it the chance to get out on the road. The increased travel brings with it an increased risk of an accident caused by a poorly maintained vehicle. Be sure to have your car serviced and pay particular attention to your tires. Hot summer roads can be extremely hard on old or worn tires.

Click here for more information on tire safety.

NHTSA Safety Tips for Summer

-Never leave a child unattended in or near a vehicle. Warm weather can quickly raise the temperature inside a vehicle to lethal levels. Pay particular attention to where children are at when moving or backing a vehicle.

-Use appropriate safety seats and child restraints. For more information, visit www.safecar.gov.

-Always wear your seat belt.

-Don’t drink and drive.

-Avoid fatigue and stress by getting plenty of rest and ensuring that you leave in plenty of time to safely reach your destination.

-Have your vehicle serviced and pay particular attention to tire wear and fluid levels.
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Two people were seriously injured in a Boston car accident on I-495 Friday night, the Enterprise News reported.

The single-car accident occurred Friday morning near the Middelboro-Raynham line. A 29-year-old man was listed in critical condition and a 24-year-old woman was in serious condition late Friday after the 2003 Toyota Rav4 the woman was driving rolled and came to rest against a guardrail. Both victims were ejected from the vehicle. The crash happened about 8:40 a.m. on I-495 south, just south of the exit to Route 24.

The Enterprise News later reported that the man died as a result of his injuries. The driver has been upgraded to fair condition.

Police say she lost control of the vehicle near the weigh station in an area where the road narrows from three lanes to two. The right lane of the road was closed for three hours while police investigated.

The Taunton Daily Gazette reported that both victims were flown to Boston Medical Center.
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