Articles Posted in Car Accidents

This summer as you travel throughout the United States on road trips or vacations, you may notice something different: many of the interstates now have higher speed limits. Governing.com reports that four state legislatures voted this year to increase speed limits, spurred on by a Texas decision to create the highest speed limit in the U.S.

Our Boston car accident lawyers know that the faster a car is going, the greater the chances of an accident happening. Not only that, but high speeds also increase the chances that an accident will be a serious one since cars that are going faster hit with more force. The trend towards increasing speed limits throughout the United States is thus a troubling one and you need to remember as you go on your summer trips that the key is to drive at a safe speed, even if that sometimes means going slower than you are legally allowed to go.

Higher Speed Limits Increase Accident Risks
Governing.com indicates that Texas kicked off a push to increase speed limits when it made the speed limit 85 miles per hour on a 41-mile stretch of road located between Austin and San Antonio last year. Now, other states have been passing their own increases, climbing ever higher than the national speed limit of 55 miles per hour created by the federal government in 1974 in response to an oil crisis.

Some of the states that have recently increased their speed limits include Ohio which went from 65 miles per hour on its freeways to 70 miles per hour. Utah upped their speed limit from 75 miles to 80, and Maine moved the speed limit on Interstate 295 to 75 miles per hour up from 65 miles per hour.

Those in favor of increasing speed limits indicate that the accident rate is not impacted by speed limit hikes and argue that faster speed limits will encourage more efficient travel throughout the United States.

Unfortunately, safety advocates disagree with those in favor of upping speed limits. The Governor Highway Safety Association has indicated that even if higher speeds don’t increase the number of accidents, they do make accidents much more serious when they happen. Obviously, if two cars are going faster, they collide with much more momentum and force. The increase force and bigger impact of the collision means that a motorist is more likely to be seriously injured or even killed in the crash.

The data showing that higher speed limits don’t necessarily need to more crashes has also not been conclusively confirmed yet, and is also not necessarily true in all situations or on all roadways. When cars are going faster, there is a greater chance that the vehicle will lose control. The car also has a longer stopping distance so is more likely to be involved in a rear-end crash or a multi-car pileup.

Despite the clear risks of a rising speed limit, a spokesman for the Insurance Institute for Highway Safety indicates that lawmakers are politically motivated to raise speed limits because increasing speed limits is popular. Just because something is popular, though, does not mean that it is the right or the safe thing to do.
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Each day in the United States, 10,000 adults celebrate their 65th birthdays. The population is undeniably aging, which means that there are more senior drivers on the road than at any time in the past. Senior drivers aren’t necessarily more dangerous than younger drivers since they tend to drive carefully and to drive at low-risk times such as during the day in good weather. Unfortunately, though, a senior who drives past his prime can be a menace to himself and to others on the road.

Seniors often don’t realize on their own when they have gotten too old to drive safely. Family members can and should try to look out for signs of problems, but unfortunately many older adults won’t listen to their kids or to other well-meaning relatives about the fact that it is no longer safe to drive. As a result, our Boston car accident lawyers know that it often falls to a patient’s doctor to have a talk with the patient and let him know that driving is no longer OK.

Unfortunately, recent studies have shown that many clinicians are waiting too long to talk to seniors about the dangers.

Docs are Waiting too Long to Have The Talk About Senior Driving Risks
According to Nurse.com, a small-scale study was recently conducted on clinicians and senior drivers. The study was published in the Journal of General Internal Medicine and asked both doctors and seniors when discussions on driving dangers come up and how they feel about those conversations.

The outcome of the study revealed that many healthcare professionals wait until they see red flags to talk to their patients about the risks of senior driving. These red flags can include serious health problems. However, another red flag that was mentioned involved the senior actually being involved in a car wreck.

Waiting until an elderly driver has been in a crash or has severe physical or mental impairments means that the senior could be a risk to himself or others long before a doctor gets a chance to have a conversation about the issue. Waiting this long puts lives in danger.

The study revealed one likely reason why healthcare providers tend to wait to talk to seniors about driving risks: because the conversation is very uncomfortable for all parties involved. Many seniors view driving as essential to remaining independent and few want to discuss the possibility of giving that up.

Unfortunately, the need to stop driving becomes a reality for the vast majority of elderly people as studies have indicated that most seniors outlive their ability to drive safely by about six years.

The good news is that while seniors reported finding a conversation about giving up driving to be very uncomfortable, most respondents to the study found questioning and discussions about senior driving risks to be OK. In fact, keeping the lines of communication open was seen as a good thing. Doctors can and should thus explore whether a senior is still OK to drive by having a regular conversation about the subject at visits.

Researchers suggested that clinicians should start talking to seniors about driving risks at office visits once the senior turns 65-years-of age. At this milestone, conversations should become a regular part of office visits so a doctor can gauge exactly how well the senior is driving and so this subject will become one that doctors and patients can talk about freely. This will hopefully allow a doctor to learn earlier when a senior is having problems that could increase his accident risk.
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While winter storms can be a hazard, many drivers do not consider the very real danger of summer storms. A drizzle can make the roads slick and a thunderstorm, tornado, or downpour can severe reduce visibility and create dangerous conditions for drivers. Summer storms can create a number of hazards for drivers, passengers and other motorists, so it is important to use caution during the summer rainy season.

While you may know that tornadoes and hurricanes can cause injury, you may not realize the significant number of injuries caused by motor vehicle accidents. The Federal Highway Administration reports that over 7,000 Americans are killed every year in weather related accidents. “Weather related” crashes are defined as accidents that occur during storms and other dangerous weather conditions, including rain, sleet, snow, tornadoes, or heavy fog. Our Boston car accident attorneys are dedicated to helping victims uncover the true cause of an accident and recover compensation for their injuries.

Summer weather conditions can reduce visibility and create a slick pavement. A car may hydroplane or a driver can lose control causing the car to careen off the side of the road or into oncoming traffic. Reducing the number of weather related accidents requires raising awareness among motorists. Safety officials and lawmakers are taking additional steps this summer to promote highway safety and to reduce the number of weather related car accidents.

In addition to driver awareness, automobile manufacturers and other private enterprises are developing new “storm technology” to help quickly locate storms and inform all drivers on the road. Cars that communicate with one another can identify dangerous driving areas and then communicate that information to other drivers 10, 20, or even trailing by 100 miles. Advanced warnings can ensure that drivers are on the lookout and aware of dangerous conditions ahead. New technologies would be able to warn other drivers about snow, thunderstorms, fog, tornados, and white-outs.

Slick roads and low visibility can be very dangerous to drivers, passengers and other motorists. When extra precaution is not taken during a storm, negligent or reckless drivers can be putting other motorists at risk. Adverse driving conditions require that all drivers pay attention and keep their eyes on the road. Texting and other driver distractions can increase the risk of stormy conditions. When you are distracted you may not have the reaction time necessary to react to slowed traffic or other dangerous conditions. If you have a teen driver hitting the road for the first time this summer, they should be aware of the dangers of adverse weather, especially when combined with distracted driving.

This summer, whether you are heading to work, taking the kids to the beach, or getting on the freeway for an extended summer vacation out of town, remember to take extra precaution under stormy conditions. To prevent an accident under adverse weather conditions you should keep your headlights on. When visibility is impacted by the storm, consider pulling over until the storm is over.
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As a consumer, you know that there are many ways to evaluate products before you decide to make a purchase. One of the largest purchases made by the average consumer is a car, truck or SUV. While you may have considered consumer reports, automobile magazines, and other industry standards, remember that evaluating the safety of a vehicle can be more complicated than simply comparing reports.

Whether you are buying your first vehicle, upgrading for a new family member, or you simply want a newer model, there are a number of critical factors to consider when buying a new car. In addition to comfort, style, and advanced technology, your priority is going to be the safety of the vehicle. Government reports, insurance records, crash-test scores and independent research are all ways to gauge vehicle safety; however, recent evidence suggests that these reports will not paint a fully accurate picture.

Every year, motor vehicle accidents cause serious injury and accidental death. Our Boston car accident attorneys are experienced in the investigation of these accidents and are committed to helping victims and their families recover full compensation for their losses. We also know that preventing accidents is the best way to prevent catastrophic injuries and fatalities.

To test vehicle safety, automobile manufacturers may try to recreate various accident scenarios. Unfortunately, statistics are rarely able to encompass the wide range of accidents that may occur on the road. Vehicles could strike a pole, be struck from the side, rear-ended by a semi-truck or be involved in a multi-vehicle collision. As most drivers already know, an accident with a vehicle that is twice the size or weight can significant increase the chance of serious injury.

According to a recent report, the vehicle you choose to buy can largely impact how well you and your passengers fare in a collision. In addition to analyzing safety features, you should also consider the size of a vehicle and the style of vehicle you are looking to buy. The odds of fatality are 7.6 times greater for car drivers than for drivers of SUV’s in an SUV-car collision. While it is common knowledge that larger vehicles do cause greater damage to smaller cause, the study highlights the very significant difference a vehicle size can make when involved in an accident.

Government reports, insurance industry records, and other crash-test data may consider safety features including anti-lock brakes, airbags, or design. Newer safety features may be high-tech, allowing cars to communicate with other vehicles on the road. Some analysis will also consider the demographics of drivers and their passengers, including whether the vehicle is safe for children or older drivers.

Head-on crash collision was analyzed in the FARS (Fatality Analysis Reporting System) which is maintained by the federal government. Analysis of this data proved that the type of car (SUV or car) was more important than the safety features offered by individual vehicles. When purchasing your next vehicle, consider the type of vehicle, not just the crash-test ratings. Vehicle scores can be helpful, but remember that the size of a vehicle may be more important than the safety ratings.
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For decades, parents have been advising their teenagers not to drink and drive. Parents of today’s teenagers may not realize that the greatest risk to teenage drivers is not alcohol, but texting. According to reports, there are more teenage deaths caused by texting and driving than by alcohol. The numbers indicate that there were over 3,000 teen deaths associated with texting while driving where there were only 2,700 deaths caused by drunk driving.

Researchers have suggested that the discrepancy may be because teenagers have access to their cell phones 24/7 while they do not always have access to alcohol. The sheer number of times a teen may get behind the wheel with a cell phone outnumbers the number of times a teen may be exposed to drinking and driving. Our Boston car accident lawyers are experienced in the investigation of teen accidents caused by texting and driving.

While teenagers may not be drinking and partying all week, they are likely using their cell phones on a regular basis. Many teens are so dependent on their cell phones that they have been called addicted. They want to check their phone every minute or 30 seconds to respond to a text or update a Facebook status. Both texting and Internet surfing can pose a significant risk to teen drivers, passengers, and other motorists, pedestrians, or cyclists sharing the road.

Teens admit that when their cell phones are “on” it can be difficult to ignore the notifications. Despite clear evidence of the dangers of texting, over 50% of teenagers admit to texting while driving. If you have a teen driver, you should advise them to turn their phones “off,” put them in the glove compartment, or even the trunk, if they are behind the wheel. Cutting off cell phone use may be the best way to avoid the temptation to text and drive.

Teen accidents caused by texting while driving can be devastating. A new promotional series sponsored by the US Department of Transportation and the National Highways Traffic Safety Administration features the stories of families who have lost their sons and daughters to tragic texting while driving accidents. Compared to other age groups and demographis, teens are most vulnerable to the risks of distracted driving and texting while driving.

Any accident that appears to be caused by negligence should be investigated as soon as possible to determine who was at fault. If an accident is the result of texting while driving a driver could be held civilly or criminally responsible for any injuries or deaths. Accident reconstructionists, police reports, and witness statements are all critical to determine how an accident occurred and who was at fault. Individuals and related entities may be targeted in a civil lawsuit to collect full compensation after an accident.

As a driver or parent of a teen, remember that the risks of texting and driving are high. Drivers who use cell phones while behind the wheel are 4 times more likely to be involved in an accident. Remember that it takes an average of 4.6 seconds to send or receive a text. During that time, the average vehicle traveling at 55 mph can travel a full football field. The risks are not worth it: this is enough time and distance to cause a fatal accident.
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When a car is recalled, it may seem like common sense that everyone would stop driving that vehicle. Unfortunately, sometimes people don’t have a choice because they are given a recalled car without being told of the risk. How does this happen? The drivers rent a car and are given a rental vehicle that has been recalled.

Unfortunately, this problem is far more common than anyone would imagine. Rental car companies can and do rent cars that have been recalled and this significantly increases the chances of a deadly accident occurring. Our Boston car accident lawyers know that there is currently a law being debated in the Senate that would prohibit rental car companies from renting out recalled vehicles. However, there is no guarantee that this law will pass and consumers could continue to be in danger from rental vehicles if it doesn’t.

Rental Car Accidents a Real Risk Due to Recalled Vehicles

According to AOL Autos, safety advocates and lawmakers are facing off against auto industry representatives in a heated debate about whether to pass a law banning rental car companies from renting out recalled vehicles.

Safety advocates believe that it is just common sense that a rental car company should not rent out a vehicle that has been recalled. The president of Consumers for Auto Reliability and Safety, for example, indicated that she believed many people would be surprised to find out that it is not already the law that a rental car company cannot rent out a recalled car.

Car recalls, of course, occur in cars when there is a serious problem that creates a danger to drivers or other motorists. The fact that rental car companies could rent out vehicles with these problems has very real consequences. In fact, the proposed law to ban rental car companies from renting out recalled vehicles is named after two victims of an accident that occurred in a recalled rental.

The accident victims were young sisters from California who died in a car accident in 2004. The rental car they were driving had a leak that could result in a fire starting in the compartment of the engine. The rental car company was notified of the defect in the car and of the recall a month before the girls rented the vehicle. Unfortunately, the young sisters got into an accident and died as a result of a fire that broke out. The law, named in their memory, is now called the Raechel and Jacqueline Houck Safety Rental Car Act of 2013.

If the law is passed, rental car companies would be required to park recalled cars as soon as they receive notice of a recall. Most major rental car companies are on board with the law and support its passage. However, it is auto industry representatives who have a problem with this requirement and the reason is that it can take several months from the time when a recall notice is sent out until the vehicle is actually fixed.

Drivers of private vehicles are normally able to continue to drive their cars during this intermittent period until the vehicles are able to be fixed. The law would take this option away from rental car companies and the companies could be forced to ground large portions of their fleets, which would impose a big burden on small rental car companies.

While this may be a concern, the fact is that renting out a recalled car can be very dangerous if the vehicle puts people at risk. Something needs to change in order to provide better protection to consumers and to ensure no further lives are lost in preventable accidents.
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The risks of texting and driving are widely known; however, new evidence suggests that texting while driving laws are not necessarily being enforced. According to reports, only about one citation is issued per day. Some suggest that enforcement of texting while driving laws may be difficult because it is hard to catch drivers in the act.

In every state, motorists, passengers, as well as pedestrians and bikers can be severely injured or lose their lives to distracted drivers. Victims and their families have advocated for harsher penalties for violators, including criminal convictions and sentences. Our Boston car accident lawyers are committed to helping stop distracted drivers to prevent injury and fatality among our nation’s motorists.

Many states have enacted texting while driving bans. While legislators may believe that the laws are an effective way to fight texting while driving, law enforcement officers may not aggressively take action against drivers. According to a recent USA Today survey, drivers are not likely to get ticketed in most states. Some states average fewer than one texting while driving citation per day.

Police officers also agree that texting while driving laws are difficult to enforce. Many people just hold their phones below the window of their vehicle. Despite efforts to become more savvy when pulling drivers over, officers may need to adjust tactics to catch drivers in the act.

Every city, county, and state officer has the ability to give a citation when a driver breaks the law. In some states, local officers write more tickets for violators, while in other states, citations are more often distributed by state police. Currently, the Foundation for Traffic Safety is conducting a study to determine how many citations are actually issued. While it is difficult to assess, it is even more difficult to determine why there is not more enforcement of these laws. Some states don’t track texting while driving violations at all.

Even though most drivers know the dangers of texting while driving, many will still violate the law. According to recent studies, while 81% of drivers found texting while driving to be a serious threat, 35% of those surveyed had opened and read a text while 27% of those surveyed had typed and sent a text from their cell phone while behind the wheel.

Distracted driving has been found to be a greater risk to drivers than drinking and driving. Drivers who continue to text and drive face an accident rate 23 times that of drivers who are not distracted. While distracted driving could be attributed to other factors such as children, pets, or changing the radio station, the majority of these accidents are caused by cellphones and texting. The low numbers of those receiving citations may mean that drivers are not actually deterred by texting and driving laws.

To reduce the number of drivers who text when behind the wheel, safety advocates have also suggested additional penalties–through insurance companies. A recent survey found that 72.9% of drivers polled agreed that drivers who are caught texting should pay higher insurance rates.
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It’s the Memorial Day holiday weekend and it’s time to get out of town.

Officials are estimating that about 35 million people will be traveling at least 50 miles from home over the long-holiday weekend. With that being said, we can expect some congested roadways. That’s why officials with the Massachusetts Department of Transportation (MassDOT) are urging travelers to plan ahead before venturing out.

Our Boston car accident lawyers understand that drivers can expect the worst traffic on either Friday or on Monday afternoon and early evening. According to officials, the Transportation Department will be halting all roadway construction during the weekend to help to keep the traffic flowing. Still, you’re urged to plan ahead for smooth travels.

Before beginning your road trip, we suggest that you check out the MassDOT’s live Traffic Cameras web page. This will help you to plan a trip with fewer delays.

Another way you can help to make your trip as smooth as possible is to sign up for the 511 Traveler Information Service to get travel information sent straight to your phone, text message device or email. (That doesn’t mean you can use your phone while driving!) Your best bet is to call the 511 service before heading out. By avoiding areas with heavy congestion, and heading down the path less traveled, you can help to ensure smooth driving with less aggregation.

You can also save some time and some money be joining the E-ZPass program. This is going to help you get through our state’s toll booths with ease instead of waiting in the toll lines. When you’re approaching a toll booth, make sure you’re in the proper lane as soon as possible. You don’t want to have to make a last-minute maneuver and endanger yourself and those around you.

Officials with the DOT are here to help keep you awake, too. They’re going to be serving up coffee (for free) at 18 of the MassDOT service plazas. You can stop in and get a free cup anytime from Monday at 10:00 p.m. to Tuesday at 5:00 p.m.

If you’re staying local, or heading somewhere where you’ll be using the MBTA, remember that all subways and buses are on a Sunday schedule on the actual Memorial Day holiday.

Be safe and be alert out there, whenever you get into a vehicle. Always wear a seat belt as it’s your best defense against injury or death in the event of an accident. As a matter of fact, officials with the National Safety Council (NSC) are calculating that there are going to be more than 400 roadway fatalities to occur during this long holiday weekend. They’re predicting another 44,000 injuries from these same accidents.

Do you part to eliminate these risks and travel safely and responsibly. Happy Memorial Day!
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Car insurance companies are supposed to cover you in the event that you are involved in an accident and suffer injury or damage to property. Unfortunately, time and again it has been clearly demonstrated that car insurance companies are not on the side of insured drivers when it comes to paying claims and making sure that drivers don’t suffer serious financial loss in the wake of a collision.

Our Boston car accident lawyers know that insurance companies try many tactics to try to pay out as little as possible after a car wreck. This is true whether you are making a claim with your own auto insurer or whether you are making a claim with the auto insurance company that represents another driver responsible for your collision. Recently, however, the Boston Globe published an article indicating one specific way that insurance companies are lowballing insureds. Unfortunately, these insurance companies are doing something that could be dangerous.

Insurance Companies May be Endangering Drivers

According to the Boston Globe, many insurance companies are forcing insured drivers to use salvage parts or generic parts to repair their vehicles after an accident. This saves the insurance company a lot of money since using a salvaged part can be between 20 and 60 percent cheaper than the cost of a new part.

Unfortunately, salvaged parts and generic parts are not necessarily the same quality as new parts and many car manufacturers including Ford and General Motors discourage the use of either salvage parts or generic copies of manufacturer parts. Car companies, consumer advocates and repair shop owners all argue that replacement parts that don’t come direct from the manufacturer may not fit correctly or match the performance of new, licensed auto parts.

This means when an insurance company mandates that salvage or generic parts are used, the car may not operate as well and may be less safe for the driver and passengers in the future. The car will also lose some of its value as a result of the salvage parts, since vehicles that use salvage parts may be worth an average of 10 percent less. While the decline in the value of a car is annoying, it is the danger to the driver and passengers that is the real concern when salvaged or generic parts are used. In fact, as the Boston Globe points out, it is very clear that these parts are more likely to fail.

If the salvage parts do fail, this could cause another accident to occur, potentially endangering the driver of the car as well as others who are affected by the crash. This is an unacceptable risk just for insurance companies to save money on paying out claims, especially since insured drivers pay insurance premiums specifically to get coverage so they are protected in the event of a crash.

In Massachusetts, the law mandates that insurance companies must tell customers if salvaged parts are being used to perform repairs. Unfortunately, insurance companies tend to bury this information in stacks of papers and when they send insureds to auto body shops to get cars fixed, the shops may use salvaged parts without specifically pointing this out to drivers. A driver thus may not know that his car has sub-standard parts, despite the fact that Massachusetts laws say he has to be told.

This type of behavior by insurance companies is yet another reason why you need a legal professional on your side any time you are dealing with a car insurance claim.
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The National Highway Traffic Safety Administration (NHTSA) runs a number of safety campaigns throughout the year in order to educate the public and to encourage law enforcement to take strong action in enforcing driver safety laws. This year, one of the events is the National Seat Belt Enforcement Mobilization Campaign. The Campaign will be ongoing from the two week period between May 20 and June 2nd and is an annual event that centers on Memorial Day weekend.

Our Boston car accident lawyers know that buckling up can save lives and that the risk of a car accident death significantly decreases when a driver is wearing a seat belt. Yet, far too many people — and especially young people — don’t buckle up despite seat belt laws. The NHTSA’s Seat Belt Enforcement Mobilization Campaign is one way to begin to change this fact and to encourage people to buckle up.

Click it Or Ticket Event Educates the Public and Promotes Police Enforcement

The NHTSA’s Seat Belt Enforcement Mobilization Campaign is more commonly known as the “Click it or Ticket” program and is an annual event that has been successful in the past at encouraging people to buckle up.

According to a 2011 telephone survey conducted by NHTSA, most people will begin buckling up when police start writing more traffic tickets for failure to obey seat belt laws. The survey also revealed that many people who buckle up during high enforcement periods will continue to wear their seat belts even after the special program has ended. Once a driver starts buckling up, it can become a habit and the driver is more likely to automatically buckle his seat belt when getting into the car. This simple, quick act can significantly reduce the chances of a fatality or serious injury and can save the driver’s life.

The NHTSA’s Seat Belt Enforcement Mobilization Campaign can thus have a major impact on driver safety. In fact, U.S. Transportation Secretary Ray LaHood indicates that earlier enforcement efforts have had a marked impact on improving seat belt use and that more people buckle up now than ever before. In 2012, for example, seat belt use was at a record high with 86 percent of drivers indicating that they buckle up when in the car. Unfortunately, this percentage is lower among teens, who are less likely than any other age group to drive without buckling.

Still, the fact that the vast majority of all drivers buckle up is a very good thing and has come about largely because of programs like Click it or Ticket as well as tougher seat belt laws in many states.

The Focus is on Night Time Drivers

NHTSA hopes that this years Click it or Ticket program will encourage even more drivers to adopt the safe practice of buckling their seat belts when they get into the car. This year, in particular, the focus will be on nighttime drivers who tend to be less likely to buckle up.

In 2011, for example, 62 percent of people who were killed in car accidents at night were not wearing seat belts, as compared with just 43 percent of drivers during the day. As Time Magazine reports, police intend to give out double the number of tickets than they normally do during this stepped-up period of enforcement. Many of those will be given out at night when NHTSA is encouraging law enforcement officers to be especially aggressive at pulling over violators of seat belt laws.
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