Boston Car Accident Lawyer Blog

As you travel on the road this holiday season, be mindful of the dangers of driving during this time of the year. Driving in inclement weather is always a hazard during the winter months but the increased volume of passenger vehicles on the roadways heightens the risk of a Boston car accident through the peak holiday travel season. It’s possible that we are all guilty of rushing this time of year with all the added pressures of holiday parties and family gatherings and the things associated with making them a hit. Reduce the risk of a tragedy in your family by reducing your speed, wearing your seat belt, and allowing yourself plenty of travel time.

Our Boston car accident attorneys wish each of you an enjoyable holiday and urge you to practice the safe driving habits that will reduce your risk of being involved in a serious or fatal Massachusetts car accident. That means don’t speed, avoid aggressive driving, don’t drink and drive, avoid distracted driving and stay safe in heavy traffic and inclement weather.

In 2009, there were 1,719 traffic related fatalities in the United States on Christmas Day (640), New Year’s Eve (75), and New Year’s Day (1,004) as reported by the National Highway Traffic Safety Administration Fatality Analysis Reporting System. In Massachusetts, there were a total of 9 fatalities on Christmas Day (8) and New Year’s Day (1). The number of fatalities may seem miniscule at less than 1% when compared to the national fatality rate in 2009 but the population of residents in Massachusetts is quite small in comparison to the national population.

A family from Bourne, MA is all too familiar with the tragedy a fatality can bring during the holidays. Their son was struck by a hit and run driver while walking home from a party during the early hours of New Year’s Day. Though the cause of the accident was unknown, the driver of the SUV not only showed poor judgment to get in the vehicle and drive that morning but magnified the irresponsibility by leaving a young man to die in the streets.

Don’t make the choice to be an irresponsible driver this holiday season. Wear your seat belt, maintain an appropriate speed based on the conditions of the roadway, and be alert at all times. Even as a pedestrian you need to be alert of what is going on around you at all times. A split second can alter a life forever.
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Most drivers have been either the victim or the aggressor in certain road rage situations at some point in their life. In this day and age it has become almost standard for some drivers to show aggressive driving behaviors. Boston drivers are no different when it comes to aggressive driving, especially during the holidays. Aggressive driving can lead to a Massachusetts car accident so take a deep breath and cut your fellow driver a break this holiday season.

Congested roads, running late, life stresses, and road construction are a few common causes of road rage that lead to aggressive driving. Aggressive driving can be defined as a hostile act committed by a driver. Examples of these acts are yelling at another driver, continuously tailgating the vehicle in front of you, making rude hand gestures at the other driver, or laying on your horn at another driver.

Aggressive drivers have a difficult time refraining from committing these hostile behaviors. Though their acts may not be directed at you, drivers who are speeding, not signaling, not yielding the right of way and constantly changing lanes are also considered aggressive drivers.

If you are on the road and you see this type of driving behavior refrain from doing anything to escalate the behavior. If you are behind the vehicle, decrease your speed and lengthen the distance between you and the other driver. If an aggressive driver comes up behind you, stay calm and let them pass by safely moving over into another lane or off to the side of the road until they move past your vehicle.

Road rage is the most extreme form of aggressive driving. Earlier this year, a Boston firefighter was arrested and charged after a case of road rage when he cut off a driver, proceeded to break a window in the victim’s car with his fist while he stood yelling at the driver and his family and then sped off for the police to chase him down later. Though alcohol played a role in this particular incident, it doesn’t always. These same behaviors are generally exhibited by those who aren’t driving under the influence.
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Running a red light can cause serious injury, or worse, a fatality for Massachusetts drivers. If you see a light turning yellow as you approach the intersection, stop at the light rather than risk causing a Boston car accident.

A 2006-2008 report from Southeastern Regional Planning & Economic Development District (SRPEDD) shows that red light running is on the rise. In fact the number has doubled from the 2002-2004 report.

SRPEDD’s mission is to improve transportation safety. They identify dangerous roadways and intersections, and come up with a plan to make corrective measures. Their efforts are paying off as seven intersections had improvements made from 2000-2007. Before and after data showed a 52% crash reduction. During 2002-2004 there were 618 crashes caused by red light running. In the next two years that number ballooned to 1,287.

The top 3 intersections for red light running in Boston are:

-Highland Ave. (Rte. 123) & Washington St. (Rte 1)

-GAR Highway (Rte. 6) & Faunce Corner Rd. & Old Westport Rd.

-Alden Rd. & Bridge St.

Red light running crashes account for 25%, 31% and 38% of all crashes at the above locations respectively. Sadly, two of these intersections are also ranked among the top 100 worst in Southeastern Massachusetts.

Not only do you need to fear crashing into other vehicles when running a red light, you have to fear hitting pedestrians as well. In October, a paralyzed stroke survivor was crossing a busy intersection in his motorized wheelchair when he was struck by a van and pronounced dead at the hospital later that evening.

Common excuses for running a red light include a driver going too fast as they approach an intersection, an impatient driver not wanting to wait for another full cycle of the light to turn green again, or a vehicle following too closely to get stopped in time for the red light. No matter what the reason, it is never a good idea to run a red light and risk the chance of serious injury to you or another person.
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Our Massachusetts workers’ compensation attorneys urge you to give law enforcement and safety crews a break this season and obey the state’s Move Over law.

Two men were indicted recently for a Massachusetts car accident that killed a state police sergeant in June. The tragic death was a result of two different drivers making senseless decisions to get behind the wheel while being under the influence of alcohol.

Earlier last month, Colonel Marian McGovern commented on the indictment of two men who killed State Police Sgt. Douglas Weddleton on June 18, 2010. She praised the investigative efforts of several agencies that lead to the arrests of two men on charges of felony motor vehicle homicide.

The Patriot Ledger reported that Sgt. Weddleton, working in the early morning hours of June 18th, had been assigned a road construction detail on Interstate 95. He had to prevent vehicles from traveling via the off ramp from Interstate 95 to Interstate 495. He had his patrol car blocking the ramp but a car tried to get around him and go onto the ramp. After getting the sedan stopped, Sgt. Weddleton went to the car to investigate the driver’s actions. While standing next to the car, a pickup truck came from behind and slammed into the stationary car which hit Sgt. Weddleton. The pickup truck hit the car so hard on impact that the car traveled across 3 lanes of the highway. Both drivers were charged with drunk driving, while the driver of the pickup was also charged with motor vehicle homicide. Records show even though they both had long lists of motor vehicle offenses, neither had any previous drunk driving convictions.

It is clear neither driver was adhering to the Move Over Law that went into effect last year. Drivers are supposed to move over or slow down when coming upon maintenance or emergency vehicles with flashing lights. This makes for safer working conditions for emergency and maintenance personnel who are working on the project.

With help from family, friends and sometimes strangers it is important to keep intoxicated drivers from driving. Let’s all continue to keep drunk drivers off the road: use designated drivers, call a friend or use public transportation if you’ve had too much.
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This is the time of year when you may find yourself driving more frequently or for longer periods of time in order to attend family gatherings and to fulfill the desire to spend quality time around the holidays. Wearing your seat belt is required by law, every time you go somewhere in a vehicle no matter where you are in the country. Boston automobile accident attorneys want to remind drivers that the use of seat belts could save a life this holiday season.

Massachusetts law requires any person age 13 and over riding in a personal vehicle weighing less than 18,000 pounds must wear a seat belt. Violators of the seat belt law over the age of 16 will be fined. A fine of $25 is handed out to each person in the vehicle not wearing a seat belt. If someone between the ages of 12-15 is not buckled up then the driver will incur an additional $25 fine. An officer can only enforce these fines if another driving violation occurred to pull the driver over.

Research has supported that seat belt neglect and penalties associated with violations has actually aided in encouraging occupants to wear their seat belts. According to a recent report by the National Highway Traffic Safety Administration increasing fines and making the seat belt requirement a primary offense makes it 10-12 percent more likely passengers will wear their seat belt in a vehicle. It also seems as though the stiffer the states fine is the likelihood of following the law increases by 3-4 percent. The average penalty in the United States is $25 for violating the seat belt law but states whose fines are $100 have shown an increase of 6-7 percent more people wearing their seat belt. Massachusetts considers the seat belt law a secondary offense but if they raised the fine to more than $25 the state would like see an increase in the number of people who wear their seat belt in the vehicle at all times.

Drivers may think if they are running down to the local strip mall they don’t need to wear a seat belt for such a quick trip. Not the case, as so many accidents happen when you are within 5 miles of your home. If you find yourself spending extra time in the vehicle the next few weeks, make sure you buckle up. Don’t put your vehicle in gear until you have checked everyone’s seat belt is fastened and secured.
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Given the nature of our work, the Boston car accident attorneys at Jeffrey Glassman Injury Lawyers frequently post reports about motor vehicle and highway safety tips and trends on our Boston Car Accident Lawyer blog. Our goals is simple: to educate motorists wanting to avoid a Massachusetts car accident. With this in mind, we share updates made to the National Transportation Safety Board’s “most wanted” list of vehicle and driver safety improvements.

The NTSB has chosen to focus on five key safety issues – seat belt/child restraint use, impaired and distracted driving habits, and motorcycle safety. Their “most wanted” list recognizes both the advances and shortcomings of each state while reminding state legislators to persists in enacting laws that promote safe driving conditions for all motorists. NTSB Chairman Deborah A.P. Hersman notes that state governments are in a “unique position to effect the most significant improvement” regarding transportation safety through legislative and enforcement practices.

The following review of Massachusetts traffic safety directives on these five issues is provided by the NTSB as follows:

~ child occupant protection: Massachusetts is one of 29 states to have in place a booster seat law requiring all child passengers use a booster seat through age 8.

~ primary seat belt enforcement: Massachusetts one of 19 states that has no law in place regarding primary seat belt enforcement. NTSB officials recommend that a law be enacted requiring all vehicle occupants wear proper safety restraints, be they conventional lap and lap/shoulder belts or installing car seats and booster seats for use in tandem with safety restraints.

Furthermore, the Board requests that law enforcement be unrestricted in observing and ticketing motorists who fail to buckle up. By enacting “primary” enforcement laws, cops are free to stop (and cite) drivers solely upon visual confirmation that any occupants are unrestrained and non-compliant with the law.

~ distracted driving: Massachusetts is one of 46 states with a Graduated Drivers License program that meets all NTSB recommendations. As for passenger restrictions, Massachusetts is one of 15 states that have enacted some, but not all, of Board directives. Therefore, currently implemented law fails to meet Board safety standards. (Of note, the NTSB reports that with each additional teenage passenger, so increases the risk a teen driver will crash.) Regarding the matter of wireless communication restrictions, Massachusetts is one of 26 states to fully restrict (meaning: no cell use for novice, intermediate and “learner” status drivers; no hand-held or hands-free phone use) “interactive wireless communication” while driving.

~ motorcycle safety: Massachusetts has enacted a universal helmet law requiring both driver and passengers helmet-up, so to speak.
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