Boston Car Accident Lawyer Blog

A woman was killed after a recent car accident on the Massachusetts Turnpike. A 62-year-old woman from Portsmouth, New Hampshire died after the tire on her Lincoln Town Car came off the vehicle around 2:00 p.m., according to the Worcester Telegram. After the tire left the vehicle, the Town Car hit a guardrail, spun out and was thrown down an embankment. The driver, who was not wearing a seat belt, was thrown from the vehicle. She was transported to Wing Memorial Hospital in Palmer where she was later pronounced dead.

A 24-year-old passenger in the vehicle was also taken to the hospital and treated for injuries. She was reportedly wearing her seat belt at the time of the accident. The accident is currently being investigated by the State Police Crime Scene Services Section and the State Police Collision Analysis and Reconstruction Section. The far right westbound lane on Route 90 in Warren was shut down for about 30 minutes, causing nearly eight miles of backed up traffic.

As we recently reported on our Boston Personal Injury Attorney Blog, motorists have been urged by the U.S. Department of Transportation (DOT) to take a peek at their vehicle’s tires to help prevent a potentially fatal accident on our busy Massachusetts roadways. Although this consumer advisory was released specifically for summer travel, it’s apparent that motorists need to keep an eye on their tire conditions all year long. We may be into the beginning of the fall season, but the summer-like weather is still here and the heat increases your risks of a tire-related car accident.

According to the National Highway Traffic Safety Administration (NHTSA), approximately 3,500 people died as a result of tire-related traffic accidents from 2005 to 2009. The NHTSA also estimates that more than 115,000 people were injured in these types of incidents. A great deal of these fatalities and injuries can be prevented if motorists take the proper precautionary steps to ensure the safe-condition of their vehicle’s tires.

You are urged to check out the tire pressure in all four of your tires. Low tire pressure mixed with the heat of the roadway can be a deadly combination. Accidents caused by these conditions can easily be prevented.

You’re also urged to check the condition of your tires. Old worn tires are more susceptible to serious damage during travel. You can easily check the condition of your tires by examining the sidewall. Make sure that there’s ample tread on each tire. Balding tires not only reduce your control over the vehicle, but also reduces your ability to safely navigate the roadway.

And lastly, we know that everyone wants to get as much as they can out of their vehicle and their fuel. Another reason why properly inflated tires are so important is because it helps you to get the maximum mileage from your gas tank. Under-inflated tires significantly reduce the number of miles you can get from each gallon of gas. Just a 25 percent drop in tire pressure can cause you to lose nearly 3 miles per gallon.
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Sleepy drivers produce the same dangers as drunk drivers and increase risk of car accidents in Massachusetts and elsewhere just the same. According to Automotive Industry Today, being sleepy behind the wheel slows a driver’s reaction time just the same as if they had been consuming alcohol. These effects cause a driver to lose their ability to react to dangerous hazards on the roadway. Sleepy drivers are not able to process traffic movements as well as a well-rested driver.

The Centre for Sleep Research reports that a driver that has been awake for 18 hours has the same reaction abilities as a person who has a blood alcohol concentration (BAC) of 0.05. A driver that has been awake for a full 24 hours has the same reaction time as a driver that has a BAC of 0.10. The legal BAC limit in the state of Massachusetts is a 0.08.

Our Boston car accident attorneys understand how dangerous it can be to jump behind the wheel of a motor vehicle if you’re drowsy. Unfortunately, a lot of drivers do it. According to the Centers for Disease Control and Prevention (CDC), about five percent of drivers admit to nodding off behind the wheel at least once within the last month.

Researchers believe that the number of drivers who fall asleep at the wheel is actually much higher. The reason for this theory is because a good number of drivers neglect to inform officers about being drowsy at the time of an accident. Unfortunately, there’s no “Breathalyzer” that can detect a driver’s level of sleepiness.

The National Sleep Foundation reports that in one of its studies about a third of surveyed drivers admitted to falling asleep behind the wheel at least one time in the last month. About 15 percent of the surveyed drivers admitted to falling asleep regularly, at least once a month.

According to the National Highway Traffic Safety Administration (NHTSA), roughly 100,000 car accidents happen every year because of sleepy drivers. These accidents kill more than 1,500 people and injury another 71,000 people each year. The result of these accidents is about $12.5 billion in monetary losses each year.

Some studies conclude that drowsy drivers cause at least a fourth of all traffic accidents in the United States.

Fatigued driving is easily prevented with these safety tips:

-Stop if you’re feeling sleepy. Pull over to the side of the road, get out, stretch or take a nap.

-Schedule in some breaks. In addition to planning out the route to your destination, you should plan out rest spots. You’re urged to take a break from driving every 2 to 4 hours.

-Take turns. If you’re on a long road trip with another licensed driver you should take turns behind the wheel. This will allow sufficient resting time for each person to avoid drowsy driving.

-Make sure to get adequate sleep. Before venturing out on a long road trip make sure you’ve gotten plenty of well-rested nights.

-Make sure you’re eating regularly. Deprivation can add to the feeling of drowsiness. Make sure to eat well-balanced meals when on road trips.

It is important to remember that there’s no quick fix for drowsy drivers. Many motorists may believe that rolling down the windows, turning up the music of gulping down some caffeine will help to wake you up. But that’s only a temporary fix and will most likely leave you even more tired that when you started.
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More and more studies are being done on the impact of distracted-driving car accidents in Boston and elsewhere. Paul Atchlety, an expert from Car Talk, recently calculated the consequences that the nation is seeing as a result of these types of accidents. He concluded that distracted drivers contribute to approximately 30 percent of all car accidents. As technology advances, more and more drivers are expected to navigate their way through the state with distractions consuming their focus.

Our Massachusetts car accident attorneys understand just how costly distracted-driving accidents can be. According to the National Safety Council, each fatal accident results in a bill of about $1,130,000 per fatality. An accident resulting in injury costs about $61,600 for each person who is injured and an accident that results in property-damage costs about $7,500.

According to Distraction.gov, approximately 5,500 people were killed in traffic accidents in the United States that reported the involvement of a distracted driver in 2009. It is estimated that another 448,000 people were injured in these types of accidents. Distraction.gov has estimated that nearly 1,000 fatal distracted-driving accidents specifically reported the use of a cell phone as the main type of driver distraction. Cell phones contributed to nearly 20 percent of all distracted driving-related accidents. Drivers that are under the age of 20-years-old account for more than 15 percent of distraction-related accidents.

A number of recent studies that analyzed the effects and the consequences of distractions on drivers concluded that using a hand-held device while operating a motor vehicle gives a driver the same reaction time of a driver that is legally drunk, with the blood alcohol concentration of .08. These studies have also concluded that a distracted driver is about four times as likely to get into a traffic accident that is serious enough to cause injury.

Driver distractions include more than just using a cell phone. Distractions can also include:

-Eating or drinking behind the wheel.

-Talking and interacting with other passengers.

-Grooming.

-Reading maps or operating GPD devices.

-Watching videos.

-Altering your radio system, MP3 player or CD player.

-Surfing the internet on hand-held devices.

To help combat the problems related to distracted-driving car accidents, the state of Massachusetts has enacted laws prohibiting some behavior by drivers. Under state law, drivers under the age of 18 are prohibited from using a cell phone while operating a motor vehicle. All drivers have been banned from text messaging behind the wheel.

Drivers are asked to be cautious behind the wheel and to focus on the task at hand — driving — to avoid a potentially fatal accident. With conscious effort from drivers across the state, we can all do our part to help save lives on our roadways.
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A recent study at the University of Alabama at Birmingham concludes that about a third of all college students are using cell phone applications while they’re behind the wheel of a motor vehicle. These findings reiterate the dangers of you being involved in a car accident in Massachusetts.

Our Boston car accident attorneys understand that it is illegal for any driver in the state to be sending or reading text messages while they’re operating a motor vehicle. This is a primary offense and drivers can be pulled over and ticketed. These citations come with good intentions — to keep motorists safe on our roadways.

The recent study surveyed more than 90 students who owned and used a smart phone or another device that operates web-based applications at least four times a week. Nearly 40 percent of the students surveyed reported that they use the applications while they drive. Another 10 percent said that they regularly use the apps while driving.

“The participants seemed to understand that using mobile apps while driving is dangerous, and some have even experienced motor vehicle crashes while using mobile apps, but they continue to do it,” study author and psychology student Lauren McCartney.

McCartney says that she’s going to present the research to the American Psychological Association convention that’s being held this month in Washington, D.C., according to KSTC 45.

Operating a motor vehicle is a complex process. Driving requires significant cognitive and perceptual skills. Drivers are oftentimes forced to make split-second decisions. These decisions can’t be made and executed adequately if they’re distracted by cell phone apps.

“The fact that 10 percent of college students with smartphones are ‘often’ are using them while driving is astounding — the fact that 35 percent ‘sometimes’ do is equally concerning,” said David Schwebel, director of the UAB Youth Safety Lab.

To help combat the problem and to raise some awareness in these college-aged drivers, the Arbella Insurance Group Charitable Foundation is heading a project that allows young drivers to use a driving simulator. The program allows these motorists to experience the dangerous and probable outcomes of texting behind the wheel.

The program is called Distractology 101 and consists of a distracted driving simulator. The simulator is in a company van and travels from spot to spot attracting student with it’s video-arcade appearance in hopes of educating teen driver about the dangers of texting while driving, a term that the Foundation has dubbed “drexting.”

The simulator looks just like the inside of a real car, with a steering wheel, brakes and speedometers. Here’s how it works: Students have to navigate their way through three different scenarios. They make the trip twice, once without distractions and once while texting behind the wheel.

An instructor of the program, Topher Paone, sends the participants texts during their second trip through the course. They have to read the message out loud as they drive the simulator, according to Medway.

“I’ve got a lot of kids who think they’re really good at everything, and then they end up crashing,” Paone said.

There aren’t very many students that are able to get through the course without crashing while they’re reading or writing text messages. Others may not crash, but their maneuvers are in fact illegal.
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As school gets back underway, parents are urged to educate their teens in a very different way. NJ Today is urging parents help their new licensed teen with their driving education by talking to them about the rules and regulations of the state’s Graduated Driver License (GDL) program to help reduce their risks of being involved in a car accident in Boston or elsewhere in the state.

Our Massachusetts car accident attorneys understand how beneficial this program is for our young drivers. The GDL program is a three step driving program that allows teen drivers to gain driving experience and to build up their driving skills through a number of levels. The three steps include a driver’s permit, a junior operator’s license and then a basic driver’s license.

Car accidents are the number one killer for teens in Massachusetts and nationwide.

“Practice is key for building skill and ensuring that your teen is fully prepared to drive solo,” said Pam Fischer of the Teen Safe Driving Coalition. “That’s why the permit phase is the optimal time to expose your teen to every possible driving scenario.

According to Safe Roads 4 Teens, nearly 50 people were killed in traffic accidents that involved a teen driver. Over the last five years, our state has lost the lives of nearly 400 teens because of car accidents.

Massachusetts GDL program:

-Learner’s Permit: With this license, 16-year-old drivers must complete 30 hours of classroom driving education. They’ll have to complete 6 hours of behind-the-wheel training, at least 4 hours observing another student driving and at least 12 hours of supervised driving. A driver must hold a learner’s permit for at least 6 months.

–Junior operator’s license: A driver with this license is prohibited from driving between midnight and 5:00 a.m. unless they have a parent or guardian. For the first six months of this license, a driver is not allowed to drive with any passengers in the vehicle that are under the age of 18 unless they are driving under the supervision of a licensed driving at least 21-years-old.

–Unrestricted license: Once a driver has completed the first two stages they are eligible to receive an unrestricted license and must abide by all current road laws.

Parents are urged to discuss these stages with their teen driver. It’s also a good idea to enact a parent-teen driving contract to reinforce these rules. This contract will allow you the opportunity to add in a few of your own rules. It’s important to make sure that you and your teen are on the same page.

It’s also important to remind your teen driver about specific laws that pertain only to them. Talk with your teen about the current cell phone ban, according to the Insurance Institute for Highway Safety. All drivers that are under the age of 18 are banned from talking on a cell phone while operating a motor vehicle in Massachusetts. Drivers of every age are prohibited from text messaging at the wheel.

We wish all of our students a safe and happy school year. Teens are asked to please be safe traveling to and from school this year and remember to keep safety as a top priority over the weekends. Parents are urged to get in there and to get involved with your teen’s driving career. You may be one of the most influential people to their driving habits.
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We may not have flying cars by 2020, but our vehicles are expected to be pretty advanced by then. Manufacturers already have ideas in the works to equip our cars with a number of safety features that will help to reduce the risks for car accidents in Boston and elsewhere within just the next four years.

Our Massachusetts car accident attorneys understand that these new features will also help to reduce fuel needs, produce less air pollution and will include more media-related devices. But with new technology comes new problems, so consumers are urged to keep a close eye on their vehicle’s evolution.

According to MSN, these are some of the new features we can expect in new vehicles:

-Rearview cameras: These are already available in some vehicles, but will eventually be a standard feature in all cars if a proposal from the National Highway Traffic Safety Administration takes effect. Ford, Chrysler and BMW all offer this new technology is some of their newer vehicles.

-Pedestrian-detection systems: This technology is already available in some new Volvos. This is a technology that has the ability to stop a vehicle if it detects a pedestrian in its path. The problem with the current technology is that if you’re traveling faster than 20 mph then it won’t be able to stop quick enough to avoid a collision with a pedestrian just yet.

-Night-vision systems: This technology is already available in BMW and Mercedes new-model vehicles. This system allows you to see wandering pedestrians during evening hours. This current detection system doesn’t see pedestrians out of your headlights path though.

-New-age cruise control: This is a technology that allows you to hit the cruise control and allow the vehicle to do some of the thinking for you. The system will keep your vehicle a safe distance from the vehicle in front of you. This will let you keep your feet off the brakes and will stop you from constantly resetting the control device. This feature is currently an option on some Audi, BMS and Ford vehicles.

-Vehicle-to-vehicle communication: This new technology would allow your car to talk to other vehicles in an attempt to avoid collisions. This technology will use Wi-Fi to allow vehicles to talk to one another and share their locations. This system will warn you if a vehicle is approaching, if a vehicle is going to speed through a red light, if one may be in your way when trying to pass another vehicle and if the vehicle in front of you has stopped short.

-Fuel control: With this feature, you’ll be allowed to control just how much fuel your vehicle uses. In an attempt to save on fuel, you can flip a button that would signal for your car to relax in heavy traffic or when you’re stopped at a light.

-Even more apps: Newer vehicles will come with even more apps with just a monthly subscription fee. You’ll be able to surf the web, update your Facebook status and even tweet while using hands-free communication techniques. These features will continue to be put in new cars despite federal government concerns about distracted driving.

Even with all of these safety features, nothing can replace good, focused driving attention.
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A number of insurance companies and federal lawmakers are considering the idea of taxing drivers per mile of travel. This system would work kind of like toll roads. Lawmakers believe this is an excellent way to keep collecting tax dollars as they continue to lose a significant amount of tax income because of fuel-efficient cars, hybrids and electric cars, according to CNBC. These taxes go towards the reconstruction of our roadways nationwide, and that fund is dwindling.

These per-mile fees, if they take effect, would be collected via GPS navigation systems in each resident’s vehicle. There could either be a flat rate that every driver would be charged per-mile traveled or it could be altered depending on how fuel-efficient your vehicle is.

Oppositional parties have multiple problems with this technology. They believe that the GPS devices will allow the government to see where you’ve been and where you’re going, and that’s none of its business. They also believe that these mile counters could contribute to the number of car accidents in Massachusetts and elsewhere throughout the country. Motorists may be tempted to take more dangerous routes to their destination just to save a buck or two.

Our Boston car accident attorneys understand that this per-mile-fee plan is already gaining ground in the U.S. Oregon recently proposed similar legislation that would charge drivers about 0.85 cents a mile until 2015 and then jump to about $1.85 by 2018. The effort to pass this legislature and to collect more taxes per mile from drivers in Oregon has been stalled in debate. More and more states, including Minnesota and Texas, are looking into the idea, trying to make up for the diminishing tax revenue resulting from more fuel-efficient cars.

Today, cars on U.S. streets get about 25 mpg and motorists are paying about 2 cents a mile in taxes.

Roadways in Europe have become more and more crowded and local officials have become more concerned with environment-related issues in the area. For that reason, they’re also looking into charging drivers per mile to help decrease some of the fuel usage and vehicle emissions in their area. They were supposed to have instituted some sort of nationwide per-mile fuel tax by next year, but that idea was pushed aside when the new government took office last session.

A number of pilot projects that have tested out these meter systems report that one common result is that a number of drivers go on strike and park their personal cars and switch over to mass transit to avoid the tax hikes.

“The trials work well, but it’s first a psychological issue and second a political choice,” Eric-Mark Huitema who developed the system.

Advocates of the taxing system say that the GPS devices won’t keep track of where your car has specifically been.

Experts believe that this idea is here to stay. Still, J.D. Power and Associates reports that hybrid, battery-electric and plug-in vehicles will make up less than 10 percent of the entire U.S. vehicle market by 2020.

Many believe that the average mile per-gallon rating for U.S. vehicles in 2025 will be approximately 55 mph. As Americans continue to drive less as the fuel prices increase, government officials will continue to seek ways to squeeze every last tax dollar out of each one of us.
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Newer vehicles have new high-tech air bags that are designed to protect us in the event of a car accident in Massachusetts and elsewhere. These air bags are beneficial in the event of a head-on collision. New braking systems and handling systems come with new cars that help us to avoid car accidents altogether. While all of these advances in occupant protection help to keep us safe during a crash, they’re still no reason to stop wearing your seat belt.

Our Boston car accident lawyers recognize the ability that a seat belt has in saving your life during a car accident. We also understand there are cases where a seat belt cannot save a life — and even those cases in which wearing a seat belt contributes to death. But these devices, once ignored by motorists in the 1960s and the 1970s, now have to be worn by all motorists, according to Massachusetts state law.

According to current statistics, about a tenth of all drivers still refuse to buckle up. In Massachusetts, just less than 70 percent of all drivers wear their seat belts. This 2009 statistic landed drivers in the Bay State last in the nation for seat belt use, according to The Herald News.

There are a number of reasons why motorists refuse to wear a seat belt, including:

-They’re uncomfortable.

-The government doesn’t have the right to tell me what to do.

-I won’t get into an accident.

-Seat belts don’t matter if I have airbags.

-A seat belt will only hold me down during vehicle submersion.

-I’m not driving far. I won’t need it.

The truth is nothing can replace a seat belt. All of the new safety advancements that come on new vehicles are merely supplemental to the function of a seat belt. Motorists should remember that a seat belt is your primary restraint system.

Hospital costs are 50 percent higher for accident victims that aren’t wearing their seat belt. This increase in hospital costs only increases the cost of health care.

According to the National Safety Council, a seat belt can reduce the risk of death or injury to a front-seat passenger in the event of an accident by nearly 50 percent.

Many people worry that a seat belt won’t allow them to get out of a tough situation, like vehicle submersion. That’s not true. Wearing your seat belt will allow you to stabilize your body as you try to break the window or get the door open. Experts urge you to keep your seat belt on until you’ve found an escape route.

We urge you to always wear your seat belt, even on short car trips. Most traffic accidents occur within 25 miles of the driver’s home. It’s estimated that eight out of every ten accidents happen when a driver is traveling 40 mph or less. Seat belts saved more than 15,000 lives of passenger-vehicle occupants over the age of 4 in 2007 alone.

Remember, when wearing your seat belt make sure that it’s fastened snug, low and flat over your hips while the shoulder portion is worn across the shoulder and chest. You should never wear your seat belt across your neck or face or under your arm.
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A car accident in Massachusetts landed a Mashpee man in jail on a $2,500 bail after he reportedly caused the accident while driving with his wife and son. The man has been arraigned in Falmouth District Court on two counts of assault and battery on a police officer, reckless endangerment of a child and seven other criminal charges.

The accident happened when the passenger, an Army specialist, had an argument with his wife, the driver of the vehicle. Reports conclude that he grabbed the steering wheel, which caused his wife to crash into the woods off Turpentine Road on the Massachusetts Military Reservation. The enraged passenger and his wife suffered minor injuries. Their 17-month-old son was unharmed.

Our Boston car accident attorneys strongly believe that emotions should be left outside the vehicle. According to the AAA Foundation for Traffic Safety, road rage is defined as any number of aggressive behaviors on the part of a driver. It can also get serious enough to include physical assault. It is estimated that the United States sees up to 1,200 reported road rage-related fatalities each year.

The man was so enraged, even after the accident, that he continually threatened the responding troopers at the scene, at the hospital and at the state police barracks, according to reports. He reportedly yelled obscenities, spit on two troopers and damaged a computer, according to the Cape Cod Times.

Enraged drivers pose serious threats to innocent motorists on our roadways. There are many ways that you can try to avoid a potentially dangerous interaction with an enraged driver.

How to avoid becoming the victim of an enraged driver:

-If another driver is becoming aggressive towards you, try not to react. You are urged to avoid making eye contact with them. Many perceive this as confrontational. Keep your driving steady. Don’t be tempted to accelerate, brake or swerve suddenly.

-If you are continuously being hassled by a single driver, or they are following you, drive to the nearest police station or busy place to get help.

-If you’re in traffic with a driver experiencing road rage, lock the car doors and keep the windows and sunroof only partly open.

-Always leave enough space to allow you to pull out from behind the car you are following if need be.

-If someone tries to get into your car, sound your horn or a personal alarm to attract attention.

Drivers most commonly express their road rage by:

-Aggressive tailgating: 62 percent. This is the most common form of road rage.

-Headlight flashing: 59 percent.

-Obscene gestures: 48 percent.

-Deliberately obstructing other vehicles: 21 percent.

-Verbal abuse: 16 percent.

-One percent of surveyed drivers reported that they had been physically assaulted by another driver.

To avoid becoming enraged behind the wheel, make sure you’ve got your trip planned out. Getting lost greatly influences aggressive driving behaviors. Think about the time you’ll be driving. Try to avoid rush hour. Make sure that your windshield is clean. Looking though a dirty windshield is a common source of stress and fatigue for drivers. Never drive for more than three hours without a break and don’t try to travel more than 300 miles in a day. During a long trip, be extra careful on the second day of driving, this is when a driver is most vulnerable to fatigue and is most irritable.

Your chances of becoming stressed behind the wheel have a lot to do with your attitude before you even get in the car. Calm down, breathe and relax.
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