Boston Car Accident Lawyer Blog

According to a recent study from the National Highway Traffic Safety Administration (NHTSA), teenage passengers are least likely to speak up if they feel threatened by a driver’s distracting habits behind the wheel.

Teens make up the age group that is most likely to be involved in a distraction-related car accident in Milford and elsewhere. The Secretary for the USDOT, Ray LaHood, says that the findings of this recent survey serve as a call to action to get young drivers and passengers to talk about the dangers of using a cell phone or a text messaging device behind the wheel. More awareness and more communication can help to keep these young drivers, and other motorists, safe on our roadways.

With these findings, officials with the NHTSA launched a new contest for students across the country to design a social networking icon that will be used throughout the USDOT’s distracted driving campaign and will be used to encourage teens to speak up when riding with a distracted driver. It’s the Distracted Driving Design Challenge!

Our Milford injury attorneys understand that drivers between the ages of 18- and 20-years-old have the highest level of cell phone involvement in accidents and near-accident situations. These young drivers are roughly three times as likely to report to have been emailing or text messaging when an accident happened on our roadways. In addition, drivers under the age of 25 are nearly five times more likely to drive while engaging in these distractions. As drivers age they’re less likely to engage in distracting habits behind the wheel.

In the recent NHTSA survey, 6,000 drivers were polled to get a peek into the public’s self-reported behaviors, knowledge and attitudes related to cell phone use while driving.

Study Findings:

-About 90 percent of those surveyed said that they considered a driver who was reading, composing or sending emails or text messages behind the wheel was very unsafe.

-Younger drivers who were surveyed said that they were less likely to speak up and say something if they were riding with a distracted driver.

-Roughly a third of drivers between the ages of 18- and 24-years-old said that they would say something to a driver who was distracted behind the wheel.

-Half of surveyed drivers over the age of 65-years-old said that they would say something to a driver who was distracted behind the wheel.

With the DOT’s Distracted Driving Design Challenge, teens are urged to make an icon portraying the department’s anti-distraction message. The winning icon will be shared on Tumblr, Twitter, Facebook and other social media networks. The contest is running from the 16th of April through the 31st of July. Students aged 13- through 18-years-old are urged to participate. For more information regarding the contest, please visit Challenge.gov.
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According to a recent USAA study, returning military personnel typically experience about 15 percent more car accidents in Boston and elsewhere.

In these accidents, they’re typically at fault and the increase spans through the first six months they’re back from active duty. Their accidents are typically higher than the six months prior, while driving overseas. USAA, a popular insurer for those in the armed forces and their families, conducted its study be looking at more than 170,000 deployments over a three-year period. The study took place while everything was going on if Afghanistan and Iraq.

What the study concluded is that many of these soldiers continued an overseas combat-like driving style once they returned to the states. The auto accident rates for both Marines and Army members rose by nearly 13 and 25 percent, respectively. This doesn’t surprise researchers though, considering nearly 15 percent of these auto accidents were caused by “objects in the road,” which can be compared to “explosive devices” and other dangerous roadside obstacles found at war.

Our Boston personal injury attorneys understand that wasn’t the only correlation between on-duty driving and military personnel risks for accidents here. Officials with USAA also determined that there was an interesting correlation between the number of deployments of a driver and their rates of auto accidents on our roadways. Drivers who had been deployed more than twice were involved in nearly 40 percent more accidents. Those deployed only twice were in less than 30 percent more accidents and those who had only been deployed once had a less than 15 percent increase in accidents than a normal driver. According to a recent study, deployments typically have lasted from 8 to 14 months, since 2001.

The age of the military personnel was also relevant in the number of accidents they experienced once they got home. Military personnel who are 22-years-old and younger were involved in many more wrecks than those who were 30-years-old and older.

Military rank also played an important role in these soldiers’ risks for an auto accident. Higher ranked soldiers were typically involved in less auto accidents than their lower ranked soldiers.

“USAA has also shared the study with academics and traffic safety experts and has taken steps to make USAA members aware of the behind-the-wheel risks for returning troops,” said officials with USAA.

Officials with the Office of Public Affairs of the Army said they had nothing to do with it since it was headed by the insurance company and not the government.

The USAA survey and its findings are just another addition to the growing library of information regarding both the physical and psychological effect that deployment and war have on our soldiers.
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The state of Massachusetts is getting in on this year’s National Work Zone Awareness Week. According to Richard A. Davey with the Massachusetts Department of Transportaion (MassDOT), transportation officials with the Department are teaming up with Construction Industries of Massachusetts (CIM) leaders in Devens, the National Highway Traffic Safety Administration (NHSTA), the Federal Highway Administration (FHWA), Massachusetts State Police Colonel Marian McGovern and Executive Office of Public Safety and Security (EOPSS) Secretary Mary Beth Heffernan to help push this campaign in the area.

The aims is to prevent work zone car accidents in Boston and elsewhere. This year’s event is taking place from the 23rd through the 27th of April. During this time safe driving advocates will be reaching out to drivers across the state asking them to have some compassion when traveling through Massachusetts’ work zones. Safe and responsible driving habits are one of the only ways to help keep both motorists and workers safe in these areas.

To help to make sure that drivers are being safe in these areas, there will be additional officers from the Massachusetts State Police at roughly 25 state highway work zones throughout the week.

Our Boston accident attorneys understand that there have been more than 70 accidents reported in our state’s work sites involving either a police cruiser or a state trooper. Officers in the state kicked off a new Work Zone Awareness program back in November and the program has already cited more than 3,000 drivers for speeding through our work zones. Another 400 were cited for not wearing seat belts and almost 100 more were cited for aggressive diving.

“Dedicated workers are building and maintaining the roads and bridges we rely on every day to get us where we need to go safely,” said Victor Mendez with the FWHA.

Secretary Davie adds that we’re entering the heart of the highway construction season. The sun is coming out, the weather is clearing up and workers are hitting our streets to help to improve our roadways for everyone. This is a time when drivers need to be reminded that construction zones come with an important warning: please slow down through work zones.

Both speeding and distracted driving has been proven to be two of the top causes of car accidents in these areas. These poor driving habits result in deadly consequences for motorists, law enforcement officials as well as public works employees. All drivers should slow sown, halt the distractions, avoid tailgating and keep an eye out for roadside workers when passing through these areas.

The Work Zone Awareness program that’s been working since November to help make these areas safer for workers has been funded through state and federal highway money. So far, the program has run up a tab of nearly $500,000 but has helped to save lives along the way.
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A recent hit-and-run car accident in Quincy left a local male driver with multiple charges and in deep trouble with law enforcement officers. According to the Quincy Herald-Whig, the accident happened just before 10:00 a.m. on the corner of Broadway and 24th.

Local officers say they’ve arrested the 46-year-old suspect on charges of driving while his license was suspended, leaving the scene of an accident, operation of an uninsured motor vehicle as well as improper lane usage. He is currently being held at the Adams County Jail.

Our Boston car accident attorneys understand what a headache it can be to be involved in an auto accident with a driver who isn’t licensed and who doesn’t have the proper car insurance to cover the damages they’ve caused. Many times, innocent, responsible and insured drivers are left to front the bill in these costly accidents. That’s why it’s important for you to contact and experienced attorney if you or someone you love has been involved in a car accident with one of these irresponsible drivers. You’ll need experienced representation to fight for your rights and the deserved compensation to cover the damages.

In the Quincy car accident, police report that the collision happened when a U-Haul truck attempted to cross over the eastbound traffic to make a turn. As the truck attempted to make the turn, a pickup truck slammed into it. One of the drivers was taken to the hospital and treated for injuries.

The uninsured and unlicensed driver fled the scene of the accident and was located by officers nearby, on Vermont and 22nd.

According to USA TODAY, about one out of every seven driver doesn’t have the proper motor insurance. Industry groups estimate that nearly 15 percent of all motorists are uninsured, which is a number that is expected to climb along with gas prices and unemployment rates.

“Over the last 20 years, uninsured motorists and the unemployment rate have tracked fairly closely,” says David Corum, vice president of the Insurance Research Council.

In 2007, insured drivers paid out nearly $11 billion for other motorists with no insurance policies. Some drivers have that part of car insurance that covers uninsured motorists. Some don’t.

Officials even conclude that state laws that make it a requirement to have this kind of insurance have been proven ineffective in keeping drivers insured. Some just can’t afford it and are willing to risk the well-being and the financial stability of those who play by the rules. Experts also conclude that nearly 5 percent of drivers in the state of Massachusetts don’t have any kind of car insurance. In our state, drivers are required to show proof of insurance before they’re allowed to register a vehicle.
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A recent car accident in Dorchester left three young motorists dead. The early morning accident happened just before 5:00 a.m. as three motorists headed north on Morrissey Boulevard. According to local firefighters and Massachusetts police officers, emergency responders tried to save the motorists, two 19-year-olds and one 20-year-old, after the accident left them trapped in their vehicle, which had flipped over.

Two died at the scene of the accident and one died later at the Boston Medical Center, according to 7NEWS.

“It’s the scariest thing to find out — one day you talk to them and then the next day they’re gone. It’s devastating,” said Amanda Hines, a cousin of one of the victims.

As we recently reported on our Boston Car Accident Lawyer Blog, this time of the year is a dangerous time for teens to be on our roadways. It’s this time of the year when teens flock to our roadways to attend prom, graduation and set out on summer break. Parents and guardians are urged to talk with the teen drivers in their family to help to make sure that these young drivers are keeping safety as a top priority behind the wheel.

Following the recent Dorchester accident, state police are working with reconstruction experts to try to figure out what exactly happened and how the vehicle ended up how it did, flipped over — entrapping the young motorists. So far, experts know that the car was heading north on Morrissey Boulevard right by Pope’s Hill, but veered off the road between two guardrails. After that, experts believe that it rode up a hill, flipped over and ran into the concrete abutment of a bridge.

Dave Procopio, a Massachusetts State Police spokesperson, says that officials with the department haven’t ruled out any causes yet. He says they’re looking into speed and where the young motorists were coming from. According to preliminary investigations, it appears that the motorists were attending a party in Boston earlier in the night. Police have been able to conclude that none of the motorists were buckled in at the time of the accident. One of the passengers was ejected from the sedan in the accident.

Mile for mile, teens are involved in three times as many fatal car accidents as older drivers. These accidents take the lives of roughly 3,000 teens every year. This young age group of drivers has the highest proportion of distracted drivers involved in fatal crashes.

According to the Centers for Disease Control and Prevention (CDC), drivers ages 15- to 24-years-old represent less than 15 percent of the nation’s population but account for nearly a third of the total costs of auto accident-related injuries.
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When an at-fault driver is involved in a Boston car accident while working, who can be held liable?

Our experienced Boston injury attorneys can help you identify liable parties to get you the award you are entitled to.

The Supreme Court of Texas recently heard a case involving the question of vicarious liability. Arvizu, et al. v. Puckett, et al., No. 11-0023 (Tex. S.Ct. Mar. 30, 2012). Vicarious liability is centered on the agency law principals where an employer can be held liable for the negligence of an employee when the employee acts negligently while furthering the employers business.

Agency law becomes more complicated where there is a subagency component. A subagent is defined as a person who was appointed by an agent to perform an act that the agent consented to have done on behalf of the agent’s principal. In order to qualify as a subagent, the agent must be responsible to the principal for the subagents conduct. Where an action is taken by a subagent, legal consequences are carried by the principal and not the appointing agent.

This subagency liability is seen in Arvizu, et al. v. Puckett. This case involved a car accident between Cantu and Juana Arvizu (plaintiff).

The relevant factual information is as follows. Montgomery County Auto Auction (MCAA) and Puckett Auto Sales had a longstanding commercial relationship. Puckett was at an auto auction held by MCAA trying to sell a pickup truck owned by Puckett. The pickup truck did not sell so Puckett instructed MCAA to deliver the pickup to another auction house. MCAA then instructed an MCAA employee, Cantu, to drive the Puckett pickup to the other auction house. While Cantu was traveling to the second auto accident, he was involved in a car accident with plaintiff causing injuries to plaintiff and plaintiff’s son.

Plaintiff sued Cantu, MCAA, and Puckett for negligence claiming that MCAA and Puckett should also be held liable for Cantu’s negligence under the theory of vicarious liability. Thus, the question for the court became whether two parties can simultaneously be in control of the same person, in this case Cantu.

In the initial trial court a jury found that there were three layers of liability. MCAA was employed by Puckett. Cantu was an employee of MCAA, not Puckett. Thus, Cantu an MCAA were both responsible for transporting the pickup for the benefit of Puckett and under Puckett’s control.

Puckett appealed this jury decision stating that the decision that both MCAA and Cantu were both under Puckett’s control was too much of a material conflict. In support of this contention, Puckett was responsible for proving that by finding that Puckett was liable for the actions of both MCAA and Cantu, a different judgment needed to be entered. Puckett was unable to meet this standard and therefore, lost their case.

The court found that Cantu was under the control of Puckett while transporting the vehicle therefore, leading to the nonemployee mission liability. This is the type of liability found where there is subagency. In this case Puckett was the principal who instructed their employee, MCAA, to transport the vehicle. MCAA was thus the agent, instructing a subagent, Cantu, to transport the vehicle. Because of the existence of this type of relationship the court found that Cantu, MCAA and Puckett should all be held liable for the injuries plaintiff’s sustained.
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