Boston Car Accident Lawyer Blog

A recent four-car accident in Massachusetts that happened on Interstate 93 was caused by one irresponsible, on-the-run driver. The traffic accident happened toward the end of a state police pursuit involving a stolen car. Luckily, there were no injuries reported, according to the Boston Globe. The accident happened after a state police officer located a wrong-way driver in a vehicle that was believed to be stolen. Inside the alleged stolen vehicle was a 48-year-old driver and a female passenger. Officers are still looking for the female passenger, who escaped.

According to Massachusetts State Police, the accident happened just before 12 p.m., when a sergeant located a minivan that had been reported stolen from a Chrysler dealer earlier in the day. The Sergeant reportedly started to pursue the minivan in Dorchester on Adams Street but the driver refused to pull over.

Our Massachusetts car accident lawyers understand that police pursuits often pose serious threats to innocent and law-abiding motorists. In the recent Massachusetts pursuit, the sergeant followed the minivan through Andrew and Everett squares and into Koscuisko Circle. At that point, the minivan started to drive on the wrong side of the road on Morrissey Boulevard. It was then that state police called off the pursuit because of “the obviously dangerous conditions.” State police did continue to monitor the minivan’s path, however. Officers report that the driver of the stolen vehicle got onto the Interstate, heading south in the northbound lanes, and caused four vehicles to crash before exiting the Interstate near Neponset Circle.

Those who are injured in a pursuit-related accident should seek the assistance of an experienced attorney. Determining fault and collecting the compensation you deserve can be a difficult process requiring knowledgeable representation.

In this case, Massachusetts State Police and Boston officers searched the neighborhood and eventually located the stolen minivan, abandoned, on Taylor Street. The driver was found shortly afterward, hiding underneath a nearby pickup truck.

“Thanks to the tenacity of the troopers and officers involved in this incident, a reckless and dangerous person…is off the streets today,” said David Procopio, spokesman with the Massachusetts State Police.

The driver is now facing a number of charges, including operating to endanger, failing to stop for police, and a stolen motor vehicle charge from Suffolk County, as well as a charge of larceny of a motor vehicle in Middlesex County.

According to Voices Insisting on Pursuit Safety (VIPS):

-Police chases for non-violent crimes kill nearly five innocent bystanders every week in the U.S.

-Police chase-related accidents kill at least one police officer every six weeks.

-The majority of police-chase pursuits happen when an officer stops a vehicle for a simple traffic violation.

-Third parties who encounter police pursuits account for more than 40 percent of the people who are injured or killed in these types of accidents.

-The FBI reports that every 100 police pursuits results in a death.
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Analyzing traffic crash statistics in Massachusetts just got easier.

In the past, researchers had problems culling data about statewide traffic crashes because, according to the Cambridge Systematics.

Sheila Burgess, the highway safety division’s director, praised the database, saying “This tool allows us and other stakeholders to more effectively identify problem locations and target human and financial resources to the areas of greatest need.”

Creating the database was a priority for officials with the division, which cites motor vehicle crashes as the cause of 425 deaths and 4,500 serious injuries in the state each year. Those Boston crashes cost the state an estimated $6.3 billion annually.

MassTrac is expected to give officials a clearer picture the full scope of the top traffic problems throughout our state.

But the hope is the spread of information won’t stop there.

On the agenda for future enhancements of the system are more road characteristics, greater detail on traffic volume and more data on crime.
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One could practically hear crickets chirping at a recent committee

meeting, where lawmakers convened to discuss a possible ban on cell phones for Massachusetts drivers.
National Highway Traffic Safety Administration (NHTSA), 16 percent of all fatal crashes involve drivers who were distracted. And further, an estimated 5,500 people were killed in accidents where the driver wasn’t paying attention.

It’s been a hot-button issue across the country, where the merits of cell phone and texting bans have been debated by officials in nearly every state.

As you’re probably aware, it’s been nearly two years since Massachusetts banned texting for motorists, as well as the use of all cell phones for teen drivers, except in emergencies.

Now, the proposed bills Massachusetts lawmakers are discussing are intended to bolster police efforts to enforce these measures, as well as make drivers safer. Many people believe forbidding texting behind the wheel isn’t enough because of concerns about enforcement. If a police officer spots a driver pressing buttons on his or her phone, there is no proof the driver wasn’t simply dialing a number, as opposed to sending a text.

Proponents say an outright cell phone ban would resolve this issue.

But attendees at the meeting earlier this month were a little thrown off by the lack of turn out to discuss the new bills. The Herald reported that officials expected at least some resistance, as the proposed laws could be considered too broad.

While Gov. Deval Patrick has worried aloud whether such legislation may be unfair, he said he would support measures that support the use of hands-free, rather than hand-held, devices.
Regarding the meeting, Democratic representative Thomas McGee was quoted as saying, “We expected this to be a much more attended hearing than one person coming in to testify. We do get a lot of information. We do get a lot of feedback and hopefully we continue to get that.”

The lawmakers themselves have strong feelings on the matter. One even went so far as to liken cell phone use while driving to effectively “committing suicide.”
Sadly, the statistics seem to support that.

The NHTSA reports that texting behind the wheel increases your crash risk by 23 percent. When you consider that the International Association for the Wireless Telecommunications Industry reported that there were 196 billion text messages sent in June of last year – an increase of 50 percent from just two years earlier – the implications are obvious.

Your risk of being involved in a cell-phone related crash is skyrocketing.

That’s why lawmakers anticipate the debate will likely gain momentum as the proposed bills move further through the legislative process.

It’s an issue our Boston car accident attorneys care greatly about because we’ve seen firsthand what can happen when drivers become blase to the dangers of distracted driving.

You can learn more about contacting your representatives on this issue by visiting the Massachusetts State Government website.
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Recently, the CEO and Secretary of the Massachusetts Department of Transportation (MassDOT), Richard Davey, joined forced with the Registrar of Motor Vehicles to announce the release of the new parent’s guide, “The Parent’s Supervised Driving Guide,” to help with the 40 hours of supervised driving required by parents and teen drivers.

The guide helps to optimize this driver-training time to help to reduce the risks of teen car accidents in Massachusetts.

“As young people across Massachusetts learn to drive our roadways…’The Parent’s Supervised Driving Guide’ will ease some of the stress and concern often experienced by the parents,” said Davey.

Our Boston teen car accident lawyers understand how at-risk our newly licensed drivers are for potentially fatal accidents on our roadways. For this reason, the state of Massachusetts enacted strict driving requirements to be completed by parents and teen drivers before receiving an unrestricted driver’s license. Parents are urged to remain active in their teen’s driving career long after they’ve received an unrestricted license. Parent involvement may be one of the most efficient ways to help reduce the risks of traffic accidents for these young drivers.

According to Governors Highway Safety Bureau and Mass Safe, teenage drivers are required to complete two driving stages, each consisting of a number of rules and regulations, before being eligible to receive an unrestricted driver’s license. These restrictions include passenger limits, driving curfews, supervised driving requirements, etc.

Teenage drivers in the state who have a learner’s permit are also being provided with their own copy of the “The Parent’s Supervised Driving Guide.” The guide is to be use by both parents and teen drivers. It is free to young drivers in the state through a partnership with Safe Safety Insurance and Roads Alliance and can be picked up at the Registry of Motor Vehicles (RMV) branches in the Commonwealth.

According to Rachel Kaprielian with the Registrar of Motor Vehicles, this guide will help parents to expose their teenage drivers to a variety of driving conditions with confidence.

The guide highlights eleven different skill sets, including:

-Highway driving.

-City driving.

-Reversing.

-Parking.

Parents and teens are asked to sign off on each section upon completion. The education doesn’t stop there. At the end of the booklet, parents are offered tips for ways to effectively handle their teen’s driving after the 40 hours of supervised driving is completed.

The President of Safe Roads Alliance, Jeff Larson, says that parents are in the ideal position to help ensure that the teen drivers in their lives become smart, safe drivers. This new program offers parents with tips and information that will help them to make smart and safe decisions behind the wheel once they receive their unrestricted driver’s license.

In the U.S., more than 40 percent of newly-licensed drivers get into car accidents. This program is helping to reduce these frightening numbers.
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As we recently reported on our Boston Personal Injury Attorney Blog, the National Transportation Safety Board (NTSB) is working diligently to get government officials to enact a nationwide ban on portable electronic devices for all drivers. This move could one day help to reduce the risks of distraction-related car accidents in Massachusetts and elsewhere.

Massachusetts politicians may be on the same page as the NTSB as they’re mulling for stricter measures to halt texting at the wheel, even though it was prohibited on Massachusetts roadways over a year ago, according to Mass Live. Drivers in the state continue to text message at the wheel. For this reason the Legislature’s Joint Committee on Transportation is will be holding a Statehouse hearing to consider an even stricter crackdown — a full out ban on the use of hand-held cell phones by drivers.

Our Boston car accident lawyers understand that our neighbors, New York and Connecticut, already have bans on hand-held cell phones. With the current laws in our state, it’s difficult for officers to differentiate whether a driver was sending a text message, which is illegal, or dialing a number to make a phone call, which is not illegal. This blog entry is the kickoff of a 6-part blog in which we are urging residents to make New Year’s resolutions for safer roadways in 2012. In this entry, we’re asking for all drivers to act in the spirit of the proposed anti-distraction law and to willingly curb mobile devices behind the wheel. Change starts with you. Talk with friends and family members about the dangers and risks that are associated with distracted driving and encourage them to join the cause, too. You can help to save lives on our roadways.

Current Massachusetts state law prohibits drivers from sending or reading text message or emails while behind the wheel of a motor vehicle. This even counts if a driver is stopped at a red light. If you’re busted, you could face a $100 fine for the first offense and up to a $500 fine for repeat offenses.

Our state was the 30th state in the country to enact a texting ban for all drivers. When the law was initially discussed, politicians shot down the idea of requiring all drivers use hands-free device only, but now some are changing their minds and are willing to reassess that option.

Currently, there are 8 bills hovering over restrictions for drivers and cell phones in the state. Some measures propose a ban for drivers in school zones, while other bans ask for hands-free devices in all cases.

According to Jeff Larson, with the North Andover-based Safe Roads Alliance, Massachusetts’ current laws are tough to enforce and could use some tightening up to make our roadways safer.

Since the law was passed and aggressive law enforcement campaigns took force, there was a near 60 percent decrease in the number of drivers who used a cell phone at the wheel and an approximate 75 percent drop in the number of texting drivers.

In 2011, there were more than 3,100 people killed in distraction-related car accidents in the U.S. Our Boston car accident attorneys are asking for drivers’ willful cooperation to make our roadways safer than ever in 2012.
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As we recently discussed on our Boston Personal Injury Attorney Blog, the Lt. Gov. of Massachusetts, Tim Murray, was handed a number of traffic violations and fined for a recent accident some believe his irresponsible driving habits caused. While he defends his reputation by saying he fell asleep at the wheel, the public isn’t buying it, according to The Boston Globe.

Immediately following the accident, Murray requested a sobriety test from officers knowing that the public would be interested. He wanted to avoid any public speculation that he’d been drunk at the time of the accident. While his name may have been cleared from drunk driving accusations, the spirit of forthrightness ended there. Previously, the officer denied he had been speeding in the department’s vehicle and stated the cause of the accident was in fact black ice. That’s not what the vehicle’s “black box” is saying though. The recording device kept in the vehicle is raising some questions as to whether or not weather conditions contributed to the accident. There are even further assumptions concluding that State Police suppressed and ignored vital information regarding the accident in an attempt to save face.

Our Boston car accident lawyers understand that police officers initially resisted requests from the media for the information revealed from the black box, saying that they were too busy handling more serious cases to deal with this officer’s accident. The agency was hanging up their hats on the fault of black ice for the accident. The black box revealed that the vehicle was traveling at roughly 108 mph just before the accident. Our Boston lawyers understand that this is a prime example as to what can result from speeding. Whether or not the officer was speeding at the time of the accident, it’s clear that speeding is viewed as an extremely dangerous and irresponsible cause of a number of serious traffic accidents in the state of Massachusetts.

This is the third entry of a 6-part blog to discuss New Year’s resolutions that motorists in the state can take to help make our roadways safer for all travelers. In this entry we will be discussing speedy drivers. Risks for injury and death increase as the speed of the vehicle increases upon impact — the faster the travel the more likely death will be.

According to the State of Massachusetts, speeding to a top cause of traffic accidents in the state. To help reduce the risks of these accidents, speed laws are strictly enforced.

Tips to Avoid Speeding:

-Never drive so fast that it’s unsafe.

-Consider traffic conditions. Slow down when roads become more congested.

-Consider road conditions. Slow down in areas that have poor road conditions. Consider ice, snow, water, etc.

-Consider weather conditions and your visibility. If it’s difficult to see because of snow, rain or fog, slow it down.

-Slow down near bicyclists and pedestrians.

-Never drive above the posted speed limit on any road.

-Remember that posted speed limits are for ideal weather conditions. Travel below these limits in dangerous weather conditions.

-Consider minimum speeds on some Boston roadways, like the Massachusetts Turnpike which has a peed minimum of 40 mph. There’s a minimum speed of 20 mph in the Boston Harbor tunnels.

Consider speed limits and drive safely in 2012 to help avoid a potentially fatal accident. The faster you’re traveling at the time of a car accident, the higher your risks are for injury or death. Be cautious and travel wisely!
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According to the National Safety Council (NSC) and the Allstate Foundation‘s “License to Save” report, strict graduated driver licensing (GDL) systems produce fewer fatal teen car accidents in Boston and elsewhere. If all states were to implement a strict GDL system, roughly 2,000 lives could be saved every year. In addition to the preservation of lives, the country could save nearly $14 billion a year.

The report came about just as Congress prepares to consider re-authorization of highway and infrastructure spending. This is legislation that in recent years has generally included bold public health and safety measures.

Our Boston car accident attorneys understand that teen drivers have a higher accident rate than older drivers. As a matter of fact, the young the driver the higher the accident rates. Drivers who are 16-years-old have an accident rate that is two times greater than drivers who are 18- and 19-years-old and roughly four times higher than that of older drivers.

What a GDL can provide for young drivers is driving experience through stages. They learn to drive with the supervision of more experienced drivers in driving situations that are less risky. Some of the most comprehensive GDL programs limit nighttime driving, limit the number of passengers allowed in a vehicle with these inexperienced drivers, limit cell phone and text message device use, require mandatory driving practice time, have a minimum age of 16-years-old for a learner’s permit and an 18-years-old age limit for full licensing. In some states that have enacted these strict laws, reductions in accidents have reached as much as 40 percent.

“Teen driving deaths are a real public health crisis,” said Vicky Dinges with Allstate.

From 2000 to 2009, there were more than 80,000 people who were killed in traffic accidents that involved a driver 15- to 20-years-old. Teen car accidents are the number one cause of death for teenagers across the country, according to SafeRoads4Teens.org.

Teen Car Accidents in Massachusetts:

-In 2010, more than 50 people were killed in these types of accidents in the state.

-Over the last 5 years, nearly 350 people were killed in these accidents in Massachusetts.

In Massachusetts, drivers cannot get a learner’s permit until they’re 16-years-old. They can get a full driver’s license at age 18. A driver must have their learner’s permit for a minimum of 6 months and must complete at least 40 hours of supervised practice during this time. Once a driver gets their intermediate license, a driver cannot be behind the wheel from 12:30 a.m. to 5:00 a.m. During the first 6 months of the intermediate licensing period, a driver can have no passengers under the age of 18.

Parents should stay involved in their teen’s driving career long after they’ve been sent out on the road alone. Make sure your young driver always wears a seat belt. Seat belts can reduce the risk of being killed in a car accident by nearly 50 percent. It’s also important that parents push an anti-distraction rule, too. In 2009, nearly 20 percent of all deadly car accidents for drivers under the age of 20 involved a distracted driver.
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Route 24 seems to be a hot scene for car accidents in Boston. On one recent day, a car sat still in the right hand lane, with its rear end completely shattered, while another vehicle sat about a quarter of a mile up the road in the median with some serious damage. This isn’t just an isolated event either. Oftentimes, traffic on the popular Boston roadway is flooded with smashed vehicles, resulting in heavy traffic. Still, many Boston residents prefer using this dangerous mode of travel, according to Enterprise News.

“You’ve got a lot of people speeding, people on their cell phones, girls putting on makeup…it’s nuts,” said Dan Reyes, a daily commuter from West Bridgewater to Braintree.

Our Boston car accident lawyers understand that a good portion of commuters still prefer to drive alone to work on our dangerous roadways, especially including Route 24, according to recent census data. Numbers illustrate these drivers venture on quite lengthy daily commutes. Bay State drivers average approximately 30 minutes to get to each of their daily destinations. This is more than workers in the 46 other states. Others venture on longer commutes, on more congested roadways with increased risks for serious accidents.

These statistics illustrate that most residents don’t live near their place of employment, except for those in Nantucket who average a commute of roughly 10 minutes. Nantucket residents average the shortest commute in the state.

Driving alone dominates transportation in Brockton:

-In Brockton there are nearly 43,000 workers.

-Nearly 34,000 drive alone to work every day.

-Nearly 5,000 residents car pool their way to work.

-Almost 3,000 take another form of transportation.

-More than 1,000 walk to work.

-More than 72 percent of workers drive alone to their job every day.

The result of these statistics means that the area’s main highway, Route 24, is highly congested and extremely dangerous during prime rush hours. From 2006 to 2008, there were more than two rollover accidents a day and there were nearly 2,500 accidents recorded by officials during that time.

Route 24 could be safer for commuters, but unfortunately it won’t be. The popular Massachusetts highway won’t receive federal funds for redesign because it’s considered as a “limited access highway” instead of as an interstate.

If this roadway does on day get designated as an interstate, transportation officials can potentially consider a few ways to make the road safer such as modifying interchanges, which carry the highest rates for accidents on that roadway.

Until roadways are constructed to be safer and handle higher volumes of traffic, motorists are warned to drive with caution, especially during rush hour. Car accident risks can be reduced by practicing safe and defensive driving habits.
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As we recently reported on our Boston Car Accident Lawyer Blog, the number of travelers that will be on our roadways during the holidays is expected to be greater than the number of travelers from the previous year. We recently told you that more than 92 million people from across the country will be making a journey of 50 or more miles away from their home to celebrate this year’s holidays. This illustrates a nearly 2 percent increase from 2010’s travel numbers. The increase in travelers will in turn increase your risks for a traffic accident.

Our Boston car accident attorneys understand that drivers will be faced with not only the dangers of holiday traffic, but with the dangers that accompany winter weather. For this reason, it is important for drivers to keep all of their attention on the road. To help to get drivers to curb distractions and to spread the word about the importance of alert driving, Distraction.gov is asking all motorists to take the pledge! The pledge is to vow to put safety as a top priority when navigating our roadways over the holidays.

The pledge includes three parts; to vow to never text or to talk on the phone while operating a motor vehicle, to be a positive passenger and help drivers to curb distractions and to share the message with friends and family members.

Earlier in the year, government officials in Massachusetts announced the launch of the “Get the Message” anti-distracted driving campaign. This campaign was a part of the nationwide campaign to get our roadways to be a little safer and distraction free. Government officials embraced this campaign to help to supplement the Massachusetts Safe Driving Law, which took effect in September2010.

Massachusetts Safe Driving Law:

-Junior Operators are banned from using a cell phone and mobile electronic device – 1st offense: $100 fine, two-month license suspension and traffic course.
– 2nd offense: $250 fine, six-month day license suspension.
– 3rd or subsequent offense: $500 fine, one-year license suspension.

-Public transport motor vehicle operators are banned from using a cell phone.
– Civil offense.
– No insurance surcharge.
– $500 fine for each offense.

-Using a mobile phone by operators over the age of 17:
– Civil offense. No insurance surcharge as long as one hand is kept on the
steering wheel and no use of device can interfere with driving.
– 1st offense: $35 assessment.
– 2nd offense in 12 months: $75 fine.
– 3rd offense in 12 months: $150 fine.

-Sending/reading text messages – Operators cannot use any mobile telephone or hand-held device capable of accessing the Internet to compose, send or read electronic messages including text or to access the Internet while driving. Law is effective when a vehicle is not moving, too.
– 1st offense: $100 fine.
– 2nd offense: $250 fine.
– 3rd offense: $500 fine.

Drivers are asked to take the pledge not only to avoid a costly traffic citation or points on a license, but to help to make our roadways a safer place for everyone.
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