Boston Car Accident Lawyer Blog

May 8, 2011

May Hosts Bicycle Month to Help Reduce Risks of Bicycling Accidents in Boston and Elsewhere

May is Bike Month and for the second year in a row a North End business started the month off by hosting a kickoff event. Earlier this month, Urban AdvenTours, various other local businesses and bicycling groups gathered along the waterfront in Christopher Columbus Park as they enjoyed an afternoon of local music, free food and bike-related activities. The activities and the entire month is used to raise awareness about bicycle accidents in Boston and elsewhere in the United States.

“Last year we had tricycle races. I think we’re going to do something similar this year,” said Baylor Bennett, manager of the bike shop and bicycle tour provider. “There’ll be vendors giving out food and beverages.”

Our Boston bicycle accident lawyers understand that with springtime, many bicyclists will be hitting the paths and trails to enjoy prime pedaling season. As our residents and tourists do so, we urge everyone to be extra cautious this season as the increased traffic flow can also increase your risks of an accident.

In addition to helping to raise awareness, bicyclists are able to check out the latest technology and advancements in the biking world. Many are urged to grab their bike and even join a tour group.

According to Bennett, last year’s event was less successful than it could have been because during the same time of the event the area suffered a catastrophic break of a 10-foot-diameter pipe in Weston. The breakage caused all of Greater Boston to be put under a boil order.

“A lot of food and drink vendors couldn’t show up,” Bennett said. “So last year, I think we had closer to six or seven vendors, versus this year we have the full 15.”

As local reports show no major water pipes broken and the weather forecast calls for sunny skies and warm temperatures, Bennett is hopeful that this year’s event will be larger and better than the year before.

“Of course it’s right on the waterfront, which is gorgeous, and all the flowers are blooming right now, so the park couldn’t be better looking,” he said.

Bicyclists are always urged to ride with heightened alertness to their surroundings as they’re oftentimes overlooked by motorists. More than 600 bicyclists were killed, and an additional 51,000 injured, in motor vehicle accidents in 2009. These deaths accounted for 2 percent of all motor vehicle accident fatalities and accounted for 2 percent of all injuries from traffic accidents in the same year, according to the National Highway Traffic Safety Administration. Massachusetts suffered nearly 10 bicyclist fatalities in 2009 as a result of motor vehicles.

A complete list of Boston bike paths can be found on the Massachusetts Department of Transportation website.
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May 6, 2011

Massachusetts Anticipates Hubway Hoping Easing Traffic and Reduce Risks of Bicycle Accidents

by Jeffrey S. Glassman

Massachusetts residents and visitors will soon be able to take quick trips in Boston as they’ll be able to rent bicycles from dozens of sidewalk kiosks as early as July of this year. Mayor Thomas M. Menino is scheduled to sign a $6 million contract with a company called Alta Bicycle Share. The company is also behind a program in the Washington area that currently boasts more than 1,000 cherry-red bicycles at nearly 115 stations.

Our Boston bicycle accident lawyers understand that this $6 million dollar contract will put roughly 600 bikes and more than 61 stations in our communities before July. This increased pedestrian traffic may increase the risks of accidents on our roadways and we ask that everyone practice safe traveling on our roadways.

The new system, which officials will be referring to as the Hubway, will be starting off the program with roughly 60 bicycles. They envision the program to grow and to accommodate as many as 5,000 bikes in the future, operating from Brookline to Sommerville, according to Boston.com. With an increased number of bikes on Massachusetts roadways, drivers are encouraged to increase their awareness of bicyclists and pedestrians to help keep our roadways safe and reduce risks of potentially fatal Boston bicycle accidents.

Boston officials said the system will open in July with 600 bicycles and 61 stations in the city, though they envision growing in a few years to as many as 5,000 bikes at more than 300 kiosks, from Brookline to Somerville.

“The vision here is that it’s a seamless system,” said Eric Bourassa, transportation manager for the Metropolitan Area Planning Council. “I could pick up a bike in Cambridge and I could bike across the river and drop it off in Boston, and I wouldn’t tell the difference that I have a Cambridge bike vs. a Boston bike or anything like that,”

The program will not be funded by local tax dollars. Instead, the city is using grants and donations to cover the start-up costs. Corporate sponsorships and revenue from riders is planned to cover annual operating expenses after initial start-up.

Riders will need to first sign up for memberships, which will include a liability waiver and a pledge to wear a helmet, on kiosk touch screens similar to those of the MBTA. Memberships will range from about $5 a day to $85 a year. Trips less than 30 minutes will be of no charge and users will see incremental charges for longer rides.
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May 4, 2011

Children Involved in Car Accidents in Boston and elsewhere May Not Need CT Scans

by Jeffrey S. Glassman

When children are involved in a car accident in Boston and elsewhere in the United States, many receive brain CT scans to determine if they’ve suffered any brain damage. In most cases, traumatic brain injury (TBI) never occurs. Now there’s new research illustrating that a physician can determine whether the child has a serious problem after observing a child with head injuries for a certain period of time. This allows them to help treat the young patient without resorting to using a CT scan.

Our Boston car accident lawyers would err on the side of caution when it comes to diagnosing a head injury. However, eliminating needless CT scans will also help to eliminate some unnecessary and unwanted radiation exposure.

Children’s Hospital Boston and the University of California-Davis held the study as the results were later released by the Pediatric Emergency Care Applied Research Network. They study combined data from 25 different emergency departments, and looked at roughly 40,000 children who suffered minor blunt head trauma. Researchers discovered that more than 5,400 of the young patents, or nearly 15 percent, were checked out before making decisions regarding CT use. As the severity of the head trauma varied, so did the observation time.

Researchers found more than 5,400 pediatric patients, or nearly 15 percent, of those studied, were observed before making a decision about CT use. Observation times varied, as did the severity of head trauma. In the study, children who were observed had a lower rate of receiving CT scans than those who were not observed.

“There are actually three groups of patients that come into an emergency room with pediatric head trauma,” says Dr. Lise Nigrovic of Children’s Hospital Boston who co-led the study. “The first is the child that really has no symptoms and it’s obvious to the doctors that the child is fine. The second is the child that has all the major symptoms, vomiting, headaches, unconsciousness, perhaps bleeding. That child is obviously a candidate for a CT scan. It’s the children in the middle risk groups – those who don’t appear totally normal, but whose injury isn’t obviously severe – for whom observation can really help.”

Some may want to recommend a CT scan just as an extra precautionary measure, but researchers warn that CT scans to the head can add even more risks for children. A child’s growing brain tissue is much more sensitive to ionizing radiation than an adult’s brain is. As children typically have a longer life expectancy, their lifetime risk of developing a radiation-induced tumor is greater than an adult’s as well.

According to the Centers for Disease Control and Prevention, children under the age of 4, those between the ages of 15 and 19, and adults over the age of 65 are most likely to sustain a TBI. Nearly half a million emergency department visits for TBI’s are made by children under the age of 14 each year.

In the United States, TBI proves to be a serious and oftentimes fatal injury as it is a contributing factor to roughly a third of all injury-related deaths. Over all, more than 50,000 die, roughly 275,000 are hospitalized, and more than 1 million TBI patients are treated and released from an emergency department. Among all age groups, motor vehicle accidents and other traffic-related incidents were the second leading cause of TBI and caused in the largest percentage of TBI-related deaths.
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May 3, 2011

Massachusetts Receives $20,000 in Funding to Help Reduce Risks of Teen Car Accidents

by Jeffrey S. Glassman

It’s National Youth Traffic Safety Month and the Governors Highway Safety Association (GHSA) recently announced that four of its members will received grant funding from Ford Driving Skills For Life (Ford DSFL) totaling $80,000. The grant comes in support of a teen driving program developed collaboratively by Ford Motor Company Fund and GHSA.

Highway safety agencies in each of the winning states, Maine, Massachusetts, Missouri and New York, are being awarded $20,000. These states will use the funds to administer teen driving initiatives incorporating the Ford DSFL program.

Our Boston car accident lawyers understand that these programs are beneficial to the safety of our roadways and would like to congratulate our very own Highway Safety Division.

GHSA invited its members to apply for the grants earlier this year. The applications were judged by a panel, of GHSA and Ford representatives, and selected winners. The winners will be using the grants to help educate drivers and to help reduce risks of car accidents in Boston and their own states.

Massachusetts plans to put the funds to good use. The state’s Executive Office of Public Safety and Security, Highway Safety Division will be hosting an event, which expects nearly 300 attendees, that will offer elements mirroring Ford DSFL. Massachusetts will partner with a driving school to offer activities to young drivers and their parents. These activities will include crash prevention training, driving simulators and stations featuring new driving technology.

Since the programs beginning, in 2003, Ford DSFL has partnered with roughly 40 GHSA members on various teen driving programs and activities to help educate our younger drivers.

“With state budgets continuing to be very tight, this private sector support is absolutely critical. Ford has stepped in and helped states educate teen drivers in an innovative manner,” says to GHSA Executive Director Barbara Harsha.

In 2008, there were more than 208 million licensed drivers in the United States in 2008, according to the National Highway Traffic Safety Administration (NHTSA). Drivers between the ages of 15 and 20-years-old made up more than 6 percent, more than 13 million, of the total number of U.S. drivers. Nearly 2,500 of these young drivers were killed in 2009, which illustrates a 15 percent decrease the previous year. In addition, there were nearly 200,000 young drivers injured in motor vehicle accidents in the same year, also a 14 percent decrease from the year before. In Massachusetts, nearly 50 young people were killed because of motor vehicle accidents in 2009.
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April 30, 2011

Young Female Passenger Suffers Life Altering Injuries from Boston Trolley Accident

by Jeffrey S. Glassman

A serious trolley accident that happened two years ago left a Salem college student with a fractured back and other injuries and has left her with thousands of dollars in medical bills and an uncertain academic future, according to The Boston Herald.

The Boston trolley accident was caused by a trolley driver who was operating the public vehicle while texting. There have been roughly a dozen plaintiffs injured in the accident to file a suit against the Massachusetts Bay Transportation Authority (MBTA).

Our Boston car accident attorneys would like to urge residents and visitors to take advantage of public transportation options, but we would also like to reiterate the importance of passenger safety on these rides. It is the responsibility of these transportation companies to provide safe and reliable forms of transportation for our city and to step up when safety standards are not met.

The accident happened back in May of 2008 when the Green Line trolley collided with another train near Government Center. The driver of the vehicle at fault was reportedly texting his girlfriend. The Salem student was thrown from her seat and into a pole, resulting in a smashed temple and a fractured back.

According to the family of the young female passenger, she has suffered chronic back pain, vertigo and attention problems. She is still reportedly attending physical therapy three times a week, seven falls have landed her in the Lawrence hospital’s emergency room.

Because of her troubles and injures caused by the accident, the student is currently experiencing dropping grades in school because she experiences trouble focusing, putting her scholarship to Merrimack College in jeopardy.

The accident left a grand total of 68 people with injuries, according to MBTA spokesman Joe Pesaturo.

The text messaging driver of that trolley has been placed on probation and pleaded guilty in December to negligence in operating a common carrier. The T was also faulted for not operating with a system that automatically stops trains if they get too close to one another, according to the National Transportation Safety Board.

The driver of that trolley has a record of driving infractions including three speeding tickets and a surchargeable accident.
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April 28, 2011

Massachusetts Motorcycle Accidents a Concern Despite Lower Fatality Rates

by Jeffrey S. Glassman

A recent report from state transportation officials found that motorcycle deaths dropped 2 percent in the first nine months of last year, according to The New York Times. Many aren’t convinced, saying this decrease may just signal a blip and may mean absolutely nothing toward a lasting improvement in safety.

The Governors Highway Safety Association reports that there were 80 fewer motorcyclist fatalities in Boston and elsewhere in the United States from January through September of 2010 than the same time period of the previous year.

But wait, there’s a catch. While fatalities were down 25 percent during the first three months of the recorded period, they were down 1 percent during the second three months and up 3 percent during the last three months. This increase has many safety advocates worried.

“The drop is all in the front half of the year,” said report author Jim Hedlund, a safety consultant. “It looks very much as if we’ve hit bottom and may be starting back up again.”

A spokesman for the safety group that issued the report, Jonathan Adkins, says that recreational motorcycle riding appears to have declined while the recession was at its worst. He adds that this may be the reason why the number of deaths decreased.

According to the National Highway Traffic Safety Administration, nearly 5,300 motorcyclists were killed, and an additional 96,000 injured, in 2008. Massachusetts contributed more than 40 motorcyclist deaths to the national number in the same year. It is estimated that, nationwide, motorcycle helmets saved more than 1,800 motorcyclists in 2009 and could have saved an additional 823 if all were wearing helmets.

Currently, only 21 states require that helmets be worn by motorcyclists. According to the National Transportation Safety Board, only 13 of those states specify that the helmet needs to meet federal standards.
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April 26, 2011

Texting Causes $10 Million in Damages and Injures 65 in Boston Subway Accident

by Jeffrey S. Glassman

Investigation into the cause of a Boston subway accident that injured 65 riders back in 2009 has been concluded. Federal investigators have determined that a text messaging driver was the probable cause. That one text message caused nearly $10 million in damages, according to the Boston-Herald.

Boston personal injury lawyers urge drivers to curb all distractions while driving as driving while distracted can have some serious, and deadly, consequences. It is our civic duty to focus all of our attention on the road to increase the safety of ourselves, our families, passengers and everyone traveling through the city.

The Massachusetts Bay Transportation Authority driver reportedly attempted to call his girlfriend just minutes before the accident. He reportedly left her a voice mail message, according to the National Transportation Safety Board. The message that he was sending, that ended up causing injuries to the 65 passengers and costing millions, asked his girlfriend to call him. While composing the message, he ran through both a yellow light and a red light.

The texting caused the driver to “lose his situational awareness and his focus on operating the train,” said Investigators.

The driver was fired from his job and, back in December, pleaded guilty to gross negligence by a person in control of a common carrier. He was sentenced to two years’ probation and 100 hours of community service.

Massachusetts mass transit injuries are complicated cases oftentimes involving a number of parties, including state and local governments, out-of-state companies, insurance companies and the corporate attorneys who protect them. It is critical that you contact an experienced Massachusetts personal injury lawyer in the event of a mass transit accident in Boston.
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April 24, 2011

Proms, graduations bring a high risk for teen car accidents in Massachusetts

by Jeffrey S. Glassman

Spring is an exciting time for teens and young drivers, with prom and graduation right around the corner. Young drivers are more at risk of a Masscachusetts car accident this time of year given the temptation to drink and drive while attending these kinds of events at the end of the school year.

Our Boston personal injury lawyers know that peer pressure can be a beast to contest at this age. But giving in to a dangerous situation puts your life at risk as well as other motorists who share the road.

We are reminded of the dangers of drinking and driving in a recent article by the Boston Herald which reported the story of a 21-year-old whose life will be changed forever. The alleged drunk driver had a car full of passengers when he lost control of his vehicle coming home from a house party recently. He was allegedly speeding when his vehicle crashed into concrete barriers on McGrath Highway.

One 16-year-old female passenger died at the scene. Another 17-year-old passenger is fighting for her life at Massachusetts General Hospital. The driver and three other passengers in the vehicle were all treated for injuries at MGH. Only three of the six passengers in the vehicle were wearing seat belts at the time of the crash.

The driver, with a long list of previous driving violations, is being charged with speeding, marked lane violation, operating under the influence, and motor vehicle homicide.

We posted a series of blogs last month about teen driver safety and the impact that distractions, alcohol, and speeding can have on their driving ability — parents can find these on our Boston Car Accident Lawyer Blog.

Mile for mile, teens are involved in 3 times as many crashes in Boston than any other age group. In 2008, 68 motorists were killed in Massachusetts by a young driver involved in the crash.

Parents are urged to speak to your teen about driving safety during this important and exciting time in their life. Communicate the importance of the following safety issues to help ensure their safety:

-Always wear a seatbelt.

-Never drink and drive.

-Maintain the speed limit at all times. Spring weather can bring unsafe driving conditions so traveling under the speed limit may be necessary in certain situations.

-Don’t allow distractions to take eyes or mind away from the task of driving.

-Always call for help rather than risk an accident.
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April 22, 2011

Crossing the street can be a high risk for a pedestrian accident in Boston

by Jeffrey S. Glassman

The Insurance Institute for Highway Safety (IIHS) recently released a report on how automobile technology is reducing pedestrian crash fatalities.

Our Boston personal injury lawyers applaud this new technology but cautions that drivers’ attentiveness is the best method for decreasing Boston pedestrian accidents.

The IIHS study identified the most likely kinds of pedestrian accident situations. They discovered that a vehicle moving straight at them as pedestrians cross the street is the most common. IIHS feels that using forward collision warning systems with pedestrian detection can prevent these types of accidents. This form of warning system is available on several vehicles including the Volvo S60 sedan. Volvo feels strongly that this kind of technology, if put in all vehicles, could potentially reduce pedestrian deaths by as much as 24 percent. Other technologies exist that could minimize the risk of injuries to pedestrians even further.

It appears European automakers are making design changes to limit injuries to pedestrians in crashes. Subaru has a pedestrian detection system which recognizes bicyclists and pedestrians. Their technology has the ability, if the driver doesn’t react to the warning, to hit the brakes automatically. Audi is currently developing a similar system as Subaru, BMW and Mercedes have pedestrian detection systems that also include night vision technology for detecting pedestrians.

It is somewhat disturbing that advances in pedestrian safety are occurring overseas but not in this country. The study stated the U.S. Department of Transportation did research for some 20+ years starting in the 1970’s to increase pedestrian safety but their ideas never came to fruition.

In 2009, the National Highway Traffic and Safety Administration (NHTSA) reported that 4,092 pedestrians were killed in traffic crashes and another 59,000 were injured. Pedestrians accounted for 12 percent of all traffic fatalities. Massachusetts reported a total of 334 traffic fatalities, 48 were pedestrians in 2009.

The NHTSA offers these safety reminders:

-Utilize sidewalks whenever possible. If you walk in the road always face traffic.

-Make yourself visible, wear bright colors and carry a flashlight.

-Use crosswalks and be cautious if you don’t have a clear view of the street.

-In most circumstances pedestrians have the right-of-way when crossing the streets. Failure to yield the right-of-way happens often at intersections, be careful.
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April 20, 2011

Fans drinking at games are at high risk for drunk driving accidents in Boston

by Jeffrey S. Glassman

Boston sports fans have a lot to be excited about these days with the Celtics cruising through the playoffs and the Red Sox turning their season around after a dismal start in April.

Our Boston personal injury lawyers want to remind fans it is never a good idea to drink and drive — so keep the boozing to a minimum if you are responsible for driving yourself home after the game.

Alcohol and sporting events tend to go hand in hand. Not only does too much alcohol consumption cause a high risk of drunk driving accidents in Boston, but fans are in danger of assault, vandalism or other alcohol-related incidents during or after the game.

Earlier this year, Bloomberg Businessweek reported just how common alcohol consumption is at sporting events. A recent study by the University of Minnesota found that 8 percent of sports fans walk out of the venue legally drunk.

Spectators volunteered to take a breathalyzer test following a total of 16 professional football and baseball games at 2 different venues. After measuring blood alcohol concentration in 382 participants, the study provided the following conclusions:

-1 in 12 fans left the sporting event intoxicated.

-Fans who tailgated prior to the game were 14 times more likely to leave drunk than a fan who didn’t hang out before the game.

-Age makes a difference – under age 35 were 9 times more likely to be drunk than over age 35.

-Tailgaters admitted to drinking at least 5 alcoholic drinks in 25 percent of the total respondents. Those tested with a higher BAC admitted to almost 7 alcoholic drinks prior to the game.

There were only an average of 20 volunteer participants after each game who participated in the study. Almost 60 percent of respondents were male, 55 percent were between ages 21 and 35, and a small percentage was age 51 or older. When putting the statistics into simple terms, venues that hold upwards of 50,000 to 100,000 fans, 4,000 to 8,000 are leaving the venue too drunk to drive.

A general rule at most baseball stadiums is that the last call is either 2 hours after the first pitch or during the 7th inning, whichever comes first. A recent article in the Boston Herald reports that the more money you can afford to spend on a ticket at Fenway determines how long you can actually drink at the game. The middle-class patron who pays for the cheap seats at Fenway get cut off by the standard tradition. However, those fans who can afford field box seats, Dugout Seats’ Absolut Clubhouse, Gosling’s Dark and Stormy boardroom, Pavilion Suites, and the Legends Suites at the Monster Corner can start partying 2 hours before the game through an hour after the final pitch. It is almost as if rich fans are immune to being over the legal limit, unlike the average Joe.

Sports fans are completely in control of determining how much and how long they can drink before safety becomes an issue. Make the responsible choice to not drink at all or designate a driver to get you home safely before you put yourself in danger of a drunk driving or other alcohol-related accident.
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