Boston Car Accident Lawyer Blog

March 3, 2011

Intersections a deadly place for Boston car accidents

Intersections are a planned point of conflict to drivers according to the U.S. Department of Transportation Federal Highway Administration. Our Boston personal injury lawyers agree that motorists should consider intersections the single most complex traffic situation a driver will encounter.

Despite increased traffic engineering measures over the past 25 years, the numbers of crashes at intersections remains basically unchanged. Almost 21% of the total traffic fatalities in the U.S. were intersection-related in 2009.

Resources devoted to intersection safety are coming from a variety of organizations, including the National Highway Traffic Safety Administration (NHTSA), FHWA, American Association of State Highway and Transportation Officials, the Institute of Transportation Engineers (ITE) and AAA.

The Fatality Analysis Reporting System reported in 2009 over 4,500 fatal crashes nationally at intersections with traffic signals or stop signs.

Over the last 5 years Massachusetts has seen a decline in fatal crashes at intersections. We had 92 crashes in 2005 and reported 78 crashes in 2009.
Although total fatal crashes and intersection crashes are down, the percentage of intersection crashes remains basically the same. Meaning, over the last 5 years, an average of 21% of the total fatal crashes happened at Massachusetts intersections.

We can all agree that intersections are tricky places. But if approached with caution they can be less daunting. Remember to always come to a complete stop at a stop sign. Oncoming traffic has the right of way. Motorists should yield to oncoming traffic when making a left turn. If you are first in line, watch for vehicles that may run through the red light. Appropriately use your turn signals so other drivers know what you are doing. Stop at a yellow traffic light unless it is unsafe to do so.

The 100 most dangerous intersections in southeastern Massachusetts are listed in the Southeastern Regional Planning & Economic Development District (SRPEDD) report for 2006 to 2008. The report indicated that there were 618 red-light-running crashes in the previous report covering the time span of 2002 to 2004. In the 2006 to 2008 report, red light running crashes almost doubled totaling 1,287.

Intersections have been proven deadly in Massachusetts. Motorists are reminded to slow down and use caution as they enter and go through an intersection in order to avoid a serious motor vehicle crash.
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March 1, 2011

ROAD TRIP! Safest route may help avoid Massachusetts car accidents

by Jeffrey S. Glassman

When planning your next road trip, wouldn’t it be helpful to know the safest roads to take? We can already choose the shortest route or one that avoids highways. The option to choose the safest roadway is a welcomed alternative.

USA Today is reporting on how the AAA Foundation for Traffic Safety has started a pilot program to map the safest roads in 8 states. Hoping to add more states the foundation is currently working with Illinois, Kentucky, New Mexico, Utah, Florida, Iowa, Michigan and New Jersey.

Our Boston personal injury lawyers know that even the safest roads can still lead to a Boston car accident if motorists aren’t careful.

Suppose you are planning the family vacation to Disney World. You would log into a website and enter Boston to Orlando. The website would indicate the roads with the most traffic injuries and deaths and those roads with the highest ratings due to their engineering features.

Public interest is high for this data; a recent AAA Foundation for Traffic Safety survey indicated that 73% of drivers would use this information, especially in unfamiliar areas. It is estimated that it will take 2 to 3 years to gather the information.

Road trips are a lot of fun, making your own schedule allows for flexibility and the scenery while driving can be amazing.

Here are some safety tips to make your next road trip as enjoyable as possible:

-Get your vehicle to the mechanic for a quick tune up.

-Plan your route.

-Plan your stops for meals and bathroom breaks or just to stretch your legs.

-Plan your driving time accounting for delays.

-Make sure everyone and everything is secured. Passengers and pets should be properly restrained and all luggage needs to be properly secured.

-Wear comfortable shoes and clothes for driving.

-Have all necessary items, like money for tolls or sunglasses, within easy reach.

-Don’t adjust the car’s controls while you are driving.

-Passengers should help with directions.

-Stop if you get tired even if it is before a scheduled stop.

-Plan for changing road conditions like snow, heavy rain or fog.

-Prepare for a for a vehicle break down by having a charged cell phone at all times.
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February 27, 2011

Defective child-safety seats increase risk of injury in Boston car accidents

by Jeffrey S. Glassman

Dorel Juvenile Group is recalling almost 800,000 child safety seats according to a recent announcement by the National Highway Traffic Safety Administration.

Our Boston personal injury lawyers aggressively protect consumers who have been wrongfully injured by a faulty product. In this situation, we remind parents to check their car seats for a possible recall for a defective harness that could leave them more susceptible to a serious or fatal injury in the event of an accident.

The NHTSA began the formal investigation of Dorel Juvenile Group (DJG) back in May of 2010. Further investigation has indicated that the child safety seats need recalled because the harness locking and release button is defective. The button does not always return to its locked position, which can allow the harness adjustment strap to move undesirably through the adjuster. A child moving around in the seat can suffer severe injury during a motor vehicle crash with a loose harness.

DJG concluded the defective products were manufactured from the first of May 2008 through the last day of April 2009. Restraint systems sold with a “Center Front Adjuster” are causing the problem. The harness can be found on infant, convertible, and booster child restraint seats mass-produced during this time period. Consumers may have purchased this product as a part of a travel system or stand-alone set.

Consumers are being instructed by DJG to obtain a remedy kit which will fix the malfunction in the locking and release button. Instructions on how to apply the lubricant in the kit are provided along with a repair label that should be placed on the seat once the repair is done. Consumers who purchased the seat can continue to use but should make sure the harness is secure and the lock-release button locks into the correct position.

Safercar.gov is an excellent resource for parents who want to stay informed on child passenger safety. It is recommended that all children 12 and under sit in rear seats. The following are 4 steps to consider as your child grows and can change seat positions in your vehicle:

-Infants should be kept in rear-facing child safety seats at minimum up to 1 year old and at least 20 pounds.

-Toddlers ages 1-4 (20-40 lbs.) can be moved to a forward-facing child safety seat which is secured in the back seat of the vehicle.

-Children ages 4 to 8 should ride in booster seats contained in the back seat of the vehicle.

-At age 8 and older children can use the vehicle seat belt located in the back seat of the car. It is extremely important that the belt works properly before having your child graduate to this method. Proper fitting is considered when the lap belt lays across their upper thighs and the shoulder belt lays across their chest.

For a complete list of models being recalled by Dorel Juvenile Group visit www.safercar.org. And always read the instructions that come with your child-safety seat.
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February 26, 2011

Separate bike trails would lead to fewer Boston bicycle accidents

by Jeffrey S. Glassman

Health practitioners encourage cycling as a measure to get fit. But cyclists are rightly concerned about the risk of being involved in a Boston bicycle accident.

Our Boston personal injury lawyers are often called to represent victims who sustain serious injuries as the result of an accident with a careless or negligent driver.

Bloomberg Businessweek HealthDay News recently published the result of a study that found cycle-only paths separated from street traffic are safer than paths riding alongside passenger vehicles in the streets.

It was reported that injury rates are 28% less when cyclists are separated from having to ride next to motor vehicles. The design of intersections and green or red bicycle signals also directly impact cycling safety.

The U.S. Department of Transportation recently reported over 600 deaths in fatal bicycle accidents nationwide in 2009, which accounted for 2% of all traffic fatalities during the year. Another 51,000 cyclists sustained injuries on American roadways in 2009 when involved in a motor vehicle crash. Massachusetts reported a total of 6 fatal bicycle accidents for 2009.

The Unites States is a little behind the times when it comes to cycling safety. American bike lanes are typically designated on roadways by a painted stripe. The Netherlands has approximately 18,000 miles of separate bike tracks. The lack of bike tracks encourages Americans to drive, not walk. In comparison, 25% of Dutch commuters bike, compared to less than 1% of Americans who commute to work via a bicycle.

When examining cycle tracks vs. cyclists riding next to motorists on roadways, the study found much lower risks on bike tracks. In fact, when given the choice, the study found that cyclists were 2 and a half times more likely to ride on congested bike paths than to choose a route that put them on the streets riding next to passenger vehicles.

The statistics indicate men have a much higher risk for being involved in a bicycling accident. That is mostly due to the fact that women fear cycling next to motorists on roadways. The study indicated more women would be interested in cycling, but only if separate tracks were to be implemented.

Americans are constantly trying to find ways to manage weight and stay fit. A healthy heart means a longer life, but is that really the case? Cycling is an excellent way to maintain a healthy heart but doesn’t necessarily mean a longer life when faced with the dangers of riding along next to motor vehicles.
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February 25, 2011

Unsecure loads common cause of Boston trucking accidents, work injury

by Jeffrey S. Glassman

Wicked Local recently reported on a man that sustained serious injuries when a truck fell on him from a transport trailer.

Our Boston personal injury lawyers are all too familiar with improperly secured loads on trucks and know the havoc it can create on our roadways.

The afternoon accident occurred at a car auction when a pickup truck fell off of a transport trailer. The victim, an employee from the auction, had just secured the truck and was about to check on another vehicle when the incident happened. It appears the truck was not properly secured according to the preliminary investigation.

The man’s injuries were so severe he had to be transported by helicopter to Brigham & Women’s Hospital.

According to the Bureau of Labor Statistics contact with objects and equipment while at work killed 734 U.S. workers, 12 were in Massachusetts.

This incident could have been far worse if the truck had broke free while in transport.

The Federal Motor Carrier Safety Administration (FMCSA) has many rules and regulations regarding securing cargo, which are documented in the Driver’s Handbook on Cargo Securement.

Sections in the handbook include the proper methods to secure: logs, dressed lumber, metal coils, paper rolls, concrete pipe, intermodal containers, vehicles (car, trucks and vans), heavy machinery, flattened or crushed vehicles, roll-on containers and large rocks.

There are a variety of different devices used to secure cargo including: synthetic webbing, chains, ropes, blocking, clamps, friction mat and steel strapping.

Cargo needs to be secured so it doesn’t spill, leak, blow off fall through or fall off the vehicle, shift to cause instability or become dislodged. Truckers should do a pre-trip inspection of their load and inspect securing devices throughout the trip.

There are also complex requirements on the amount of force a load needs to withstand from different directions. The load can not shift more than a certain amount from front to back, side to side or upwards.

Properly securing loads is the responsibility of truckers and trucking companies and is necessary to ensure the safety of motorists. An improper load can lead to a devastating crash, causing serious or fatal injuries.
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February 23, 2011

Boston bicycle accidents an ongoing concern even as cycling crashes decline nationwide

by Jeffrey S. Glassman

The 2009 data on pedalcyclist was recently released by the National Highway Traffic Safety Administration.

For this data a pedalcyclist is a rider of pedal powered vehicles that have 2 non-motorized wheels or are a unicycle or tricycle. Our Boston personal injury lawyers remind you to ride safely to prevent a Massachusetts bicycle accident. While Boston was made significant improvements to its cycling infrastructure, riders still face the risk of serious or fatal injury in the event of a crash.

In 2009, there were 630 fatal bicycle accidents nationwide — down 12 percent from the more than 700 killed from 2008 and the lowest number in nearly a decade. More than 51,000 were seriously injured in bicycle accidents.

Some statistics from the report on nationwide bicycle accidents:

-The average age of crash fatalities is 41.

-Crashes occur in urban areas 70% of the time.

-Males accounted for 87% of the deaths and 80% of the injuries.

-Alcohol was involved by either the rider or driver in 40% of the crashes.

-33% of fatal crashes happened at intersections.

-Day time fatal crashes increased by 6% and night time crashes decreased by 13% from 2008.

Massachusetts had 6 cyclists killed in 2009.

The City of Cambridge Police Department remind cyclists of the following:

-Bicyclists must obey all traffic laws, must ride single file, should stay to the right of the roadway unless directed otherwise, and should always use hand signals.

-Bicycles can not be ridden on a sidewalk in the following area: (cyclist need to walk their bike, ride on the street or take another route) .

-Harvard Sq.

-Central Sq. business districts, as well as some newly created banned areas:

-Inman Sq.

-Huron Village

-Mass. Ave., from Wendell St. and Shepard St. to Russell St. and Cogswel

-Somerville Ave (entirely)

-Bicyclists when riding on a sidewalk must ride at a speed equal to a normal walk, give an audible warning before passing a pedestrian and remember that pedestrians have the right of way.

-Bicyclist will not pass to the right of a bus at a bus stop or ever be towed by another vehicle.

-Bicyclist riding between dusk and dawn must have a red light or reflector on the rear of their bike, have a white headlight on the front and have side reflectors.

-It is recommended that everyone wear a helmet while riding but riders 16 and younger must wear one when riding on public roads.
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February 21, 2011

Snow and ice an ongoing concern for Boston motorists looking to avoid an accident

by Jeffrey S. Glassman

The second part of our 2-part series about “Safety tips used to minimize the dangers of harsh winters” is directed towards Massachusetts motorists. Part 1 posted on our Boston Car Accident Lawyer Blog discussed the dangers of harsh winters as they pertain to roofing and power outage accidents and offered several tips about preventing these types of injuries to employees, tenants, and customers.

Our Boston personal injury attorneys want to draw attention to the dangers motorists face during harsh winter storms, which are a frequent cause of Massachusetts car accidents. Winter weather can cause havoc for motorists trying to manage their way through a storm. Massachusetts drivers often take an “I’m indestructible” attitude in getting where they need to go on winter storm days but that attitude can often get them in trouble.

The Massachusetts Executive Office of Public Safety and Security has several road safety tips to offer motorists if they insist on driving in adverse weather. They recommend the following to drivers:

-Snow banks limit visibility so be extra careful approaching intersections and while driving on narrow streets piled with snow. Watch for pedestrians.

-Before putting your vehicle in drive you should clear all ice and snow from roof, windows, license plates, exterior lights and mirrors. This allows for better visibility and fewer safety hazards for you and other drivers. Failure to do so could have legal ramifications.

-If your vehicle becomes entrapped in a snow bank, be mindful of the dangers of carbon monoxide poisoning if your tailpipe becomes clogged. Shut off your engine and cracking your window.

-Always carry a charged cell phone in case you get stranded or are involved in an accident.

-Don’t leave your vehicle if you become stranded. Have extra clothes, blankets, perishable food items, and bottled water available in your vehicle.

-During winter storms, Massachusetts State Police will determine what speed is considered safe and reasonable so motorists should slow down to below the speed limit. It is recommended to drive below 40 mph on all state highways and roadways during severe winter storms. Failure to do so is considered negligent and action may be taken.

-Large truck drivers are encouraged to pull off the side of the road to a safe spot during severe weather. Vehicles with excessive weight can be difficult to maneuver causing higher risks for accidents.

-Allow plenty of space between your vehicle and others.

-Stay off the roads and take public transportation when possible. Extra volume on icy and slippery roadways can cause motor vehicles accidents to occur more frequently.
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February 19, 2011

Boston car accidents, premise liability, a danger of winter snow accumulation

by Jeffrey S. Glassman

Our Boston personal injury lawyers often report about the dangers of roofing accidents for employees working in the construction industry. As Massachusetts continues to get buried by snow and ice storms this winter, we are reminded that we are all potential victims of roofing accidents caused by the weather.

In Part 1 of our two-part series about “Safety tips used to minimize the dangers of harsh winters” we are focusing on roof collapses and loss of power. These types of accidents can lead to cases of premise liability in Massachusetts and should be taken seriously by tenants, employees, and customers.

The Executive Office of Public Safety and Security in Massachusetts offers the following winter storm tips to avoid collapse and potential roofing accidents:

-Snow and ice can be heavy and should be removed from roofs and awnings whenever possible.

-Flat roofs can trap vast amounts of snow for long periods of time. Build-up of roof ice dams can lead to interior damage. If snow and ice can be reached or broken up from the ground it is recommended to use a snow rake that can be found at most hardware stores.

-Flat roofs should only be shoveled clear if the roof is safe to stand on. Drainage systems on flat roofs should be kept clear so that when melting begins water accumulation does not become an issue causing structural damage.

-Ladder rungs tend to ice up and the collection of snow and ice on the bottoms of your boots can be an added danger. Eye goggles and protective headgear should be worn if climbing a ladder is the only option for snow removal.

-Overhanging icicles along walkways should be removed carefully. Icicles are sharp and can cause injury either by falling on someone or by dripping water on the sidewalk.

Loss of power is another danger that harsh winter weather can bring to tenants, employees, and customers. The EOPSS offers these winter storm tips to prevent loss of power:

-Keep an Emergency Supply kit available in case of extensive power outage. Items can include: flashlight, batteries, portable radio, first aid kit, prescription drugs, and bottled water.

-Lighting candles can be dangerous and should be avoided.

-Snow, sleet, and freezing rain when accumulated on trees and power wires can be heavy and is likely to cause power outages. You should call the electric company or Mass 2-1-1 if you experience ice build-up or power loss that could lead to a dangerous situation.

-Check your batteries in your Smoke and Carbon Monoxide detectors to ensure they are working properly.

-Space heaters should only be used if they have at least a 3-foot circumference of space around them. Never leave them running if you go to sleep or leave the room as they could catch fire to something in the room.

-Only follow manufacturer’s instructions when using emergency generators. Failure to install and ground the generator properly could hold you liable for damage or injury to other property or people.

-Maintain outside fuel and exhaust vents by keeping snow and ice removed from the openings.

-Keep a light water drip from your faucet to prevent pipes from freezing.

-Following a storm, be extra cautious of downed or hanging wires as they could be live and result in being electrocuted if touched. Snow can bury these wires at times so you should be aware of where you are stepping at all times.
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February 17, 2011

Program aims to teach teens of texting dangers, risks of Boston car accidents

by Jeffrey S. Glassman

In a previous post on our Boston Car Accident Lawyer Blog we reported about the “JST DRV” Radio PSA Contest being launched by several safety organizations. The contest is offering a lucky teen winner $1,000, along with a free trip to Honolulu for the National Youth Traffic Safety Month in May.

Nationwide, teens can enter the contest by submitting a public service announcement which targets the dangers of distracted driving.

Our Boston personal injury lawyers support the notion that teens should get more involved in addressing the dangers of distracted driving. Such emphasis can lead to a better understanding of the heightened risks of Massachusetts car accidents.

February 14, 2011

No electronic defect found in Toyotas; defective vehicles can lead to serious or fatal Boston car accidents

by Jeffrey S. Glassman

Toyota Motor Corporation can breathe a sigh of relief after a recent announcement by the U.S. Department of Transportation. regarding an investigation into unintended acceleration in certain Toyota models.

Toyota has been under tremendous scrutiny the last several months for producing faulty parts in vehicles which have led to serious accidents all over the country.

Our Boston personal injury lawyers want buyers to beware prior to purchasing their next vehicle. Despite the outcome of the recent investigation by NHTSA, car manufacturers produce thousands of vehicles a year and it is the industry’s responsibility to make sure they are safe and functioning properly.

The government made its announcement after testing fewer than 100 Toyotas. Toyota sold more than 8 million vehicles last year.

Faulty parts like accelerator pedals and floor mats causing the car to accelerate without the driver operating can lead to a serious or fatal Boston car accident.

The National Highway Traffic Safety Administration (NHTSA) employed engineers from NASA to study and test potential electronic causes of unintended acceleration in certain models of Toyotas. NASA engineers, experienced in computer controlled electronic systems, software integrity, and electromagnetic interference; found no electronic defects in Toyota vehicles.

U.S. Transportation Secretary Ray LaHood said, “We enlisted the best and brightest engineers to study Toyota’s electronics systems, and the verdict is in. There is no electronic-based cause for unintended high-speed acceleration in Toyotas.”

According to a follow-up statement posted on Toyota.com by Steve St. Angelo, Toyota’s Chief Quality Officer for North America said “Toyota welcomes the findings of NASA and NHTSA regarding our Electronic Throttle Control System with intelligence (ETCS-i) and we appreciate the thoroughness of their review.”

St. Angelo continues by stating “We will continue to develop and equip Toyota and Lexus vehicles with industry-leading safety technologies, including many based on breakthroughs in sophisticated electronics systems. We will also continue to cooperate fully with NHTSA and respected outside experts in order to help ensure that our customers have the utmost confidence in the safety and reliability of our vehicles.”

The NHTSA is proposing the following actions be taken following the recent investigation of Toyota:

-Look into the placement and design of brake and accelerator pedals to determine if placement can be improved.

-Administer research on reliability and security of electronic control systems.

-Require that event data recorders and brake override systems be installed in all passenger vehicles, as well as, making keyless ignition systems a standard operation by the end of this year.

“While today marks the end of our study with NASA, our work to protect millions of American drivers continues,” said NHTSA Administrator David Strickland. “The record number of voluntary recalls initiated by automakers last year is also very good news, and shows that we can work cooperatively with industry to protect consumers.”

It should be noted that Toyota recalled almost 8 million vehicles in the last 2 years for the sticky pedal and pedal entrapment by floor mats. Failure to recall in a timely manner led to $48.8 million in civil penalties cited by the government for these actions.
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