Boston Car Accident Lawyer Blog

When the air temperature is warmer than the pavement, moisture in the air or from precipitation can freeze rapidly on the road. As a result of the rapid freezing, a very thin layer of ice can form. This thin layer of ice is normally transparent, meaning all you see is black like the pavement below.

Black ice.

Black ice is extremely dangerous because of the fact that you don’t see it and you don’t know it is there. Since it catches you off guard, you don’t have time to slow down, practice defensive driving or employ safe driving techniques for getting over an ice patch. You simply encounter the ice and have to react. Our Boston injury attorneys want to help make sure you react in a way that helps you avoid an accident. As such, we’ve provided some tips for staying safe if you encounter a patch of black ice.

Tips for Safe Driving on Black Ice
The single most important tip that will keep you safe when it comes to driving on black ice is to be aware of when it is most likely to form. Keeping up with weather alerts is a simple and easy way to stay aware of when black ice is on the roads. On January 8 2013, for example, CBS Boston warned that falling temperatures overnight would result in black ice in the morning. These types of warnings are issued commonly during the Boston winters and by simply watching the weather report, you’ll learn when there is a danger of black ice.

When you know in advance that black ice is on the road, you can be vigilant in watching for signs of slippery asphalt. You can also slow your speed to account for the more dangerous road conditions.

Outside of staying aware of when black ice is likely to be on the roads, there are also some other key driving tips for avoiding an accident on black ice. Some tips for driving safely on black ice include:

• Braking only as you approach the black ice and never braking while driving on the ice. Putting pressure on the brakes can cause your car to skid.
• Maintaining a safe following distance. It can take you twice as long to stop on ice as it does on dry pavement. As such, you should try to keep at least three car lengths in between you and the car in front of you so you can leave yourself ample time to stop.
• Taking your foot off of the gas pedal when your car starts to slide. You don’t want to provide more gas when your car is sliding on its own momentum.
• Staying calm. Panicking is the worst thing you can do as this can lead to you trying to slam on the brakes, wildly turn the steering wheel or otherwise doing things that increase your chance of getting into a crash.

By following these tips and by being aware of when you are likely to encounter black ice, hopefully you can stay safe during the Boston Winter driving season.
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Drowsy driving is a major public health issue and a top cause of car accident deaths. In 2009, for example, 730 people died in just one year as a result of car accidents related to driver fatigue. And that includes only those accidents in which fatigue was reported as a contributing cause; the true number is likely much higher.

Unfortunately, newly released data and information indicate that the dangers of drowsy driving may be getting worse as more people suffer from sleep disorders and conditions that could increase the likelihood of falling asleep at the wheel.

Our Boston accident attorneys urge you to take a look at some recently published information about drowsy driving and about the number of people in the U.S. seeking assistance for sleep problems. Drivers who consider this newly released information can be more informed about the dangers of drowsy driving and can hopefully stay safer on the roads because they are aware of the risks of fatigued drivers.

New Data on Drowsy Driving
Both the New York Times and Money News recently published recent articles highlighting the risks.

According to a December 2012 Money News article:

• Estimates indicate that there may be 70 million people in the U.S. facing sleep problems that cause interruptions in sleep cycles or that make sleeping through the night impossible.
• There are record numbers of people seeking assistance for sleep problems. There is so much demand for help with sleep issues that the American Academy of Sleep Medicine has just accredited its 2,500th sleep center. The number of centers has doubled in the past decade and there are now more accredited centers operating than at any time since accreditation began in 1977.
• As many as one out of every five auto crashes in the U.S. can be attributed to a sleepy or fatigued driver.

While the new data published in Money News focused primarily on people getting help for sleep disorders, it demonstrates how widespread the problem of drowsy driving is and it also indicates that this problem might be growing worse as more people seem to face sleep challenges nowadays.

The New York Times tells a similar story on the dangers of drowsy driving. The Times published information from a recent survey of 147,000 adults conducted by the Centers for Disease Control. According to the information garnered from the survey’s detailed questionnaire:

• 1.7 percent of elderly drivers (drivers 65 and up) reported falling asleep at the same time as driving in the month prior to answering the survey questions.
• More than 5 percent of drivers in the 18-44 age group answered yes to the same question. They had fallen asleep at least one time in the prior 30 days.
• In total, 4.2 percent of all of the adults surveyed admitted to sleeping at the wheel in the 30 days before they answered the survey.
• Men were more likely than women to be engaged in driving when they were too tired to do so safely.

As both the new information from Money News and the new information from the New York Times show, there are millions of people out on the roads who are driving fatigued and who may be falling asleep at the wheel. Every driver should make a commitment not to be one of those people and every driver needs to look out for drowsy drivers in order to stay safe.
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According to Boston.com, the Callahan Tunnel was shut down on December 23 so that the 2,800 wall panels in the tunnel could be inspected. The shut-down was necessary after one of the wall panels in the tunnel fell into the roadway on the prior Friday night, tying up traffic for several hours. An administrator employed by the Massachusetts Department of Transportation indicated that the plan was to physically yank on each of the wall panels.

Our Boston car accident attorneys are concerned that more incidents like the falling wall panel may be likely in upcoming years as the infrastructure within the city ages. In this case, the problem in the tunnel only tied up traffic, but future incidents could be much worse if tunnels, bridges or roads fail in a way that causes a car wreck.

Aging Infrastructure Increases Auto Accident Risk
The Callahan Tunnel was constructed during the 1950s, as were many roads, bridges and tunnels in Boston and throughout the United State. The tunnel is scheduled to be refurbished in 2014 at a cost of approximately $10 to $12 million. Other similar projects are also necessary or scheduled as Massachusetts and other states work towards refurbishing and rebuilding old and aging infrastructure.

The recent incident with the falling panels illustrates just how necessary revitalization is. The panels weigh approximately 100 pounds each and are 4 feet by 9 feet. They were installed in 1990 and are inspected approximately once every three months. Unfortunately, the metal fasteners on some of the panels are rotting and it was likely this rotting that led to the panel falling in December. After the panel fell, one adjacent panel was left hanging by a single fastener and was removed, as were two other nearby panels as a precaution.

The panel did not hit any cars or injure anyone, but there was the potential that it could have. A falling panel could also be a distraction to drivers and increase the risk of an auto accident occurring.

Who is Responsible When An Accident Happens?
If an accident happens as a result of improperly maintained bridges, tunnels or roadways that are aging, those involved in the accident may be able to take legal action against the entity responsible for maintenance. Unfortunately, in many cases, this is a government agency.

Government agencies can be sued and made to pay damages, but they enjoy limited governmental immunity protections. This means that it is harder to bring a claim against the government than it would be against a private property owner that failed to maintain his or her property and that put others at risk.

Those who suffer an injury as a result of aging bridges, tunnels, roads or other infrastructure that becomes dangerous will, therefore, have an uphill battle on their hands to take legal action. Still, it is possible to collect compensation for damages including medical costs, lost wages and non-economic loss such as pain and suffering and emotional distress. You will need to work with an attorney who has experience representing clients in claims against the government for poor road, bridge, tunnel or infrastructure maintenance.
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According to Boston.com, a recent five-car accident in Springfield was attributed to fog. The accident occurred on St. James Avenue at around 9:00 PM on a Saturday evening in early December and resulted in three people being sent to the hospital. The accident was a serious one and first responders had to pry open the door of one of the cars using a mechanical device in order to remove one of the accident victims. In all, three people involved in the crash went to the hospital. No charges have been filed, and law enforcement indicated that fog was the cause of the five car pileup.

Our Watertown car accident attorneys are glad everyone involved in the crash survived the pileup. We know that fog can be an extremely dangerous condition that can lead to serious or even fatal auto accidents and we urge every driver to exercise extreme caution when driving under foggy conditions.

Driving in Fog
Fog typically occurs when a warm, humid mass of air meets a colder mass of air. When this occurs, water vapor in the air mass condenses too quickly and fog can form as a result. Fog can also occur when warm air is pushed by the wind across colder air, condensing into fog. In both cases, the actual fog is made up of tiny water droplets that form when evaporated water (dew or water in the humid air) meets the cold air and is cooled down. Fog, therefore, is essentially a cloud that forms but at ground level.

When fog forms, it can reduce the level of visibility on the roads significantly. In some cases, fog can reduce the visibility level to zero while in other cases, it can simply make it harder to see. Whenever there is fog, drivers need to exercise great caution to avoid an accident.

Tips for Safe Driving in Fog
The Weather Channel provides a number of helpful tips for how to drive safely in fog. These tips include:

• Driving using your lights on low beam. High beams make it harder to see by reflecting back off of the fog in the air.
• Reducing your speed. Driving slowly (sometimes slower than posted limits) is key when it is foggy. It is also important to watch your speedometer since the fog may give you the illusion that you are driving slowly even when you are going fast.
• Listening for traffic. If you open your windows and listen for cars, you may be able to identify traffic even if you can’t see it.
• Using your windshield wipers to increase visibility. Defrosters can also help make it easier to see.
• Watching painted road markings and the right edge of the road. These markings can serve as a guide to help you stay in your lane.
• Refraining from passing. Driving slowly and using extra caution is key when it is foggy.
• Refraining from stopping on heavily trafficked roads. Other drivers might be unable to see your vehicle as a result of the fog.

By following these tips, hopefully you can stay safe from fog accidents and avoid potentially injuring yourself or others.
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For many teenage drivers in Boston, this winter will be the first winter season that they have their driver’s licenses. Other teens may have some winter driving experience but may not yet be fully comfortable on the roads during bad winter weather. In any case, if your teen is driving and is going to be spending time behind the wheel during the winter weather months, it is more important than ever to talk to your teens about safe driving.

Our Watertown car accident attorneys know that teens are always in danger of becoming involved in a fatal car wreck, no matter what month of the year it is. However, we urge parents to make a resolution this New Years to make now the time to talk to their kids about how to be better drivers. Not only can you prepare your kids to drive safely through the winter season, but you can also set them on the right foot for a lifetime of safer and more responsible driving.

Why Talk To Your Teens About Safe Driving
There are many reasons that now is the time to talk to your kids about driver safety. Some of the key reasons include the following:

• Car accident deaths are the number one cause of death for teenage drivers according to the Centers for Disease Control.
• Teens are prone to driving distracted, which can be deadly. According to Distraction.gov, 11 percent of teens in fatal car accidents were distracted at the time. A University of Michigan Transportation Research Institute study reported by The Car Connection also showed 26 percent of young teen drivers texted every time they drove.
• Teens are prone to drowsy driving, which can also be dangerous or deadly. An AAA study reported in Auto Blog showed they were more likely to drive drowsy than the general population and less likely to stop and rest when they realized they were tired.
• Driving with friends is especially dangerous for teens. The University of Michigan study showed that teens driving with two or three passengers and no adults in the car were twice as likely to die in an auto accident

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Teens may also be ill-equipped for driving safely in the winter. Many younger drivers don’t know how to deal with snow or ice and aren’t sure to respond if their car skids or gets stuck in the snow. The standard car accident dangers that plague teens can, therefore, be exacerbated when the driving gets more dangerous in the winter months.

How to Help Your Kids Be Safer Drivers
If you want to help your children to become a safer driver both over this upcoming winter and beyond, there are a few key things to do:

• Set driving rules for your child, including rules about texting and rules about having passengers in the car.
• Supervise your child’s driving behavior.
• Discuss the dangers of teen car accidents with your teens, including the statistics on drowsy, drunk and distracted driving deaths.
• Practice safe winter driving with your teen and discuss how to respond in a skid or when there is ice on the road.
• Set a good example when you drive with your child.

By following these tips and talking with your teen this winter about safe driving, you may be able to help avoid a crash that could injure your child, his or her passengers, or other innocent victims on the roads.
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In December of 2012, Boston.com reported that a fund had been set up to help a Lexington family that was involved in a single car crash. The crash involved a couple and their two children and the fund has been set up to help the family pay for transportation, travel and non-reimbursable medical expenses.

The story of the crash and the subsequent fundraising efforts is an important reminder that single vehicle accidents can be very expensive. Our Foxboro car accident attorneys urge drivers to ensure they have sufficient insurance to protect themselves in the event that they are involved in a single vehicle crash. We also urge drivers involved in single vehicle accidents to understand that there may be situations where a third party can be held responsible for the cost of resulting injuries.

Single Vehicle Crashes Can Lead to Expensive Injuries
Single vehicle crashes involve car accidents where only one car is involved. These crashes may occur for any number of reasons. A car may veer off the road, for example, due to ice or snow. A car may become involved in a single vehicle crash due to a defect in the vehicle or as a result of a pothole or road debris. Collisions with animals, especially deer, are also very common single vehicle accidents.

When a single vehicle crash occurs, the injuries can be just as serious as the injuries resulting from a multi-car wreck. In the accident reported on Boston.com, for example, the man involved in the crash suffered two broken legs and a crushed hand, making it impossible for him to work for at least three months. The couple’s 15-month-old baby involved in the crash also suffered serious injuries, including spinal and neck injuries. These injuries can be very costly to treat, especially at a time when the adults in the family are unable to work. Unfortunately, after a single vehicle crash, there is no other driver to take legal action against to get damages and get the bills paid.

How to Protect Yourself
The best way to protect yourself against the costs associated with a single vehicle crash is to make sure you have adequate auto insurance. This includes buying insurance coverage that provides you with payment for medical bills and care.

Massachusetts is a no-fault insurance state, so personal injury protection (PIP) insurance is required. This means you should have at least some coverage for injuries and partial lost wages. However, buying more than the minimum in coverage may be advisable so you do not end up facing financial struggles if a single vehicle wreck occurs.

After a single vehicle wreck, you may also wish to explore the possibility that someone else may have been at fault, either wholly or partially, for the crash. Sometimes this isn’t the case, such as in situations where you hit an animal or simply veered off course. In other instances, however, there may be a third party who is to blame. For example, in a single vehicle crash:

• The accident may have been caused by a defect in the car and the car manufacturer could be held responsible.
• The accident may have been caused by poorly maintained roads and the entity responsible for road maintenance could be held responsible.

If a third party was at fault for the accident, it may be possible to file a lawsuit to make that third party pay for the costs of your medical care, lost wages, pain and suffering, emotional distress and other damages arising from the single vehicle wreck.
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America’s population is aging. In fact, as the baby boomers grow older and enter into retirement, some are saying that a “silver tsunami” is coming. This phrase refers to the fact that the elderly will make up a much larger portion of the population in coming years, creating a host of complications with Medicare, social security and other programs for the elderly.

Some are also concerned that the increasingly elderly population will create a greater risk of auto accidents. Our Watertown car accident attorneys believe that elderly drivers can be a risk if they do not stop driving when they are no longer capable of doing so safely. However, data shows that the aging population will not, on the whole, create a greater accident risk.

Elderly Drivers and the Dangers of Auto Accidents
According to the Insurance Institute for Highway Safety, drivers in the 65+ age group are soon going to make up a huge portion of the driving population. When assessing the driving population, all those over age 15 who are potentially eligible to drive are considered.

All of the potentially eligible drivers are divided into age groups that span five years. For example, an assessment is made to determine the number of drivers ages 15-19, as well as how many drivers there are between the ages of 20-24, 25-29 and so on. IIHS reports that the number of potentially eligible drivers in each five year group is going down, except in the age groups over 65. This means that there will be fewer 20-24 year old drivers, fewer 25-29 year old drivers, and fewer drivers in all of the other age groups except for those involving drivers over age 65.

The larger portion of elderly drivers on the roads could be cause for concern because older drivers tend to have a higher fatality rate per miles driven than younger drivers. According to IISH, the age group with the largest number of accident insurance claims per miles driven are drivers ages 15-19. The number of accidents in each age group then begins to decline, until the drivers reach age 70 at which point the number of accident claims start to go up again. This means that those ages 70 and older are more likely than anyone else, other than teen drivers, to get into accidents.

Despite this bad news, IIHS indicates that the increase in elderly drivers is not likely to create an increase in the number of accidents that occur. In fact, while the number of accident claims per hundred miles is expected to increase from 6.12 claims for each hundred insured cars to 6.16 claims for each 100 insured cars, this slight increase in claims isn’t due to elderly drivers. It is instead due to the fact that there will be more total drivers.

The elderly may not present as great an accident risk as feared because the accident rate for elderly drivers has been steadily on the decline between 1997 and 2008. The fatal accident rate in older drivers has declined 30 percent during this time.

Of course, individual elderly drivers could still be a risk to themselves or others if they are no longer able to drive safely but continue to drive anyway. Drivers, therefore, need to evaluate their skills as they age to determine if they are still able to drive. Family members also need to take responsibility for the older relatives in their lives and to monitor the seniors to determine if they have become a hazard on the roads.
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The number of pedestrians, bicyclists and motorcyclists being killed on our roadways is on the rise, yet officials are seemingly pushing this information to the side to focus on the overall reduction in fatal crashes nationwide.

According to the most recent release from the National Highway Traffic Safety Administration (NHTSA), the overall number of car accidents in the U.S. was down about 2 percent last year. Sounds like good news, but not when you dig deeper into the information.

Our Boston accident lawyers understand that many residents and visitors in the area are bicyclists or pedestrians. We need cooperation from everyone, including drivers, bicyclists, pedestrians and motorcyclists, to help to bring these numbers down. Pay more attention out there and be more considerate. These steps are easy and they’re effective. We also need to call on transportation and city officials, too. We need more programs to promote safe travel throughout the area.

“The latest numbers show how the tireless work of our safety agencies and partners, coupled with significant advances in technology and continued public education, can really make a difference on our roadways,” said U.S. Department of Transportation Secretary Ray LaHood.

Transportation officials may be focusing on safety campaigns, but if they’re not targeting our problem areas then they are virtually pointless. We need to focus more time and energy in helping our most vulnerable travelers.

Do we know why there’s been an increase among these individuals throughout our county? Officials have an idea. Many say that is was the conditions of our economy in 2011. With the economy struggling and gas prices rising, we had more Americans trying to find a more cost effective way to get around. That’s where the bikes, the walking and the public transportation comes in.

In the state of Massachusetts, we saw 337 people die in traffic accidents in 2011. That’s only 10 less than the year before. Clearly, we have a ways to go.

Overall, there were more than 32.365 people killed in traffic accidents across the U.S. last year. This was the lowest number recorded since 1949. In addition to these deaths, we also saw more than 385,000 people injured in traffic accidents.

It’s important that we continue on in the fight to reduce accident risks. This isn’t a job for just one person or one organization. We need help from everyone to get the job done. Drive safely out there to protect yourself, and to help to keep other travelers safe, too!
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