Boston Car Accident Lawyer Blog

May 3, 2011

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

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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April 18, 2011

More Vehicle Recalls Pose Threats to Driver Safety in Boston

by Jeffrey S. Glassman

Ford vehicle owners are urged to check with their local dealer as more models have made the recall list. The National Highway Traffic Safety Administration is urging owners of the 1998 to 2003 Ford Windstar minivans to bring their vehicles to the nearest dealership for immediate examination. These vehicles have reportedly shown signs of real-axle corrosion, according to a release by the United States Department of Transportation.

Boston car accident lawyers understand the risk of defective vehicles. We urge motorists to get their vehicle into a dealership if they are issued a recall.

Nearly 500,000 of these Windstars in salt belt states are seeing a recall because of a defect that typically causes the rear axle of the vehicle to weaken and crack after exposure to salt corrosion. If these cars go without correction, the rear axle could suffer a fracture, increasing the risk of a car accident in Boston and other areas that experience salt exposure.

A recall can be ordered one of two ways: either by the NHTSA or independently by the manufacturer. Either way, these recalls are required to provide information regarding the make and model of the vehicle involved, the defect that caused the recall and how to contact the company to correct the issue. These recall repairs must be offered to the owner of the vehicle at no charge. This free repair must include replacement, repurchase and repair labor.

Cars.com reports that more than 10 million cars were recalled in the first six months of 2010.

In attempt to correct these recall problems before they affect consumers, the NHTSA is now stepping in earlier by probing automakers when a complaint is received. The federal agency may even see more power and oversight over the automotive industry is Congress gets its way.

Safecar.gov, a service provided through the Department of Transportation, allows to you to search your vehicle through a list of recalled vehicles. Be sure to know you vehicles year, make and model when searching the database. You can also sign up for automatic email updates of any new recalls specific to your car, tires or child safety seat.
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April 16, 2011

Boston Region Sees an 18 Percent Increase in Car Accidents While NHTSA Reports U.S. Decrease

by Jeffrey S. Glassman

As the National Safety Council reported an increase in car accidents in the fourth-quarter of last year, the National Highway Traffic Safety Administration (NHTSA) is now reporting increases in the third and fourth-quarter. The increases are credited to the recovery of the economy.

An NHTSA graph showed Region 1, including Massachusetts, Maine, Connecticut, Rhode Island, New Hampshire and Vermont, had an 18 percent increase in motor vehicle accidents last year — most in the nation. This increase in our region proves we all must focus on better driving habits in attempt to reduce the risks of car accidents in Massachusetts and elsewhere in New England.

Boston personal injury lawyers understand that while we did, as a state, experience a 3 percent decrease in car accidents from the previous year, we still need to work towards lowing these numbers as the economy improves.

As we recently reported on our Boston Car Accident Lawyer Blog, the United States experienced nearly 35,000 car accident fatalities in 2010. We also noted that experts are crediting the recession for the decrease in this number. However, these officials fear that the recovering economy will also result in an increase in car accidents. The NHTSA also notes that the United States has experienced a 25 percent decrease in car accidents since 2005. These rates give us the lowest record of motor vehicle accidents since 1949.

“The decrease in traffic fatalities is a good sign, but we are always working to save lives,” said NHTSA Administrator David Strickland. “NHTSA will continue pressing forward on all of our safety initiatives to make sure our roads are as safe as they can possibly be.”

The NHTSA continues its efforts in reducing the number of car accidents by continuing to launch a number of safe-driving campaigns. The administration has recently launched programs like their “Over the Limit. Under Arrest.” campaign and the “Click It Or Ticket” campaign.

The U.S. Department of Transportation in on board with raising awareness for safe driving as they have launched Distraction.gov, a website dedicated to shining light on the dangers of distracted driving. The DOT devoted 2 national summits committed to educating Americans about this issue. They also continue to urge legislation to adopt various distracted driving laws to keep their citizens safe on the roads.

“Still, too many of our friends and neighbors are killed in preventable roadway tragedies every day. We will continue doing everything possible to make cars safer, increase seat belt use, put a stop to drunk driving and distracted driving and encourage drivers to put safety first,” said U.S. Transportation Secretary Ray LaHood Continue reading

April 14, 2011

MassDOT Plans to Remove Tunnel Handrails to Decrease Risks of Serious Accidents in Boston

by Jeffrey S. Glassman

The Massachusetts Department of Transportation plans on either covering or removing thousands of feet of handrails in the Big Dig tunnels. They’ve chosen to do away with these dangerous features as they have been connected to eight deaths in the area, according to the Boston Herald.

The rails the MassDOT plans on removing line about six miles of tunnels and are located on top of raised walkways to decrease the risks of potentially fatal worker falls. Instead, the rails have been creating an increased risk of serious injury or death duringMassachusetts car accidents. While they are designed to keep maintenance workers from falling into traffic, they seem to be causing more injury than they’re preventing in the long run.

Our Boston personal injury lawyers urge you to practice caution when traveling through these tunnels. While these rails pose serious threats to drivers as vehicles get tangled in them or drivers get entangle in them after accidents.

Massachusetts state officials and Boston officials are planning on kicking off the $72 million safety project after nearly 20 years of planning and funding delays, according to Boston.com. The project in Concord and Lincoln is expected to begin this fall.

As dangerous roads pose a threat to Massachusetts motorists, construction to fix these road conditions may also pose an equal threat to both motorists and construction workers. Locals are urged to practice safe driving habit in these areas, both while the handrails are present, while they’re being removed by work crews. The plan aims to remove approximately 8,000 feet of these handrails and replace them with chain-linked fences.

As we previously reported on our Boston Car Accident Lawyer Blog, the conditions of our roadways directly affect the safety of our drivers. In 2009, Pacific Institute for Research and Evaluation study found more than 50 percent of U.S. fatal car accidents were linked to poor roadway conditions. Nearly 40 percent of non-fatal crashes were linked to the same causes.

If you experience an accident in these tunnels, or with the handrails, it is critical for you to contact an attorney experienced in this area. An attorney may be able to point out causes of the accident that you may not even have been aware of. In many cases, a lawyer may be able to locate negligent municipalities or find property owners that may be liable for the damages.
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