Articles Posted in Pedestrian Accidents

The driving privileges of an 18-year-old have been revoked while she awaits the trial for an accident in which officials allege that her vehicle struck a pedestrian back in August. The court believes that the restriction is justifiable considering she is such an inexperienced driver.

The young driver is currently facing a charge of grossly negligent operation of a motor vehicle with serious bodily injury resulting, according to WSTP. The pedestrian was left in critical condition and is currently suffering from severe bone and brain injuries.

Pedestrians are extremely vulnerable in the event of a car accident in Massachusetts. Motorists are likely to be at fault during these accidents as many are the result of distracted-driving habits. Motorists need to remain aware and cautious behind the wheel, especially in areas like the Greater Boston area that have a large population of on-foot travelers.

Our Boston pedestrian accident attorneys understand that the phone records of the young driver reveal the 18-year-old was having a text message conversation with a friend between the time she left her house in her vehicle and the time she called emergency responders to report the accident. Although the young driver told authorities that she was in fact looking at the roadway and the time of the accident, she also admitted to engaging in a text message conversation simultaneously. A number of recent studies that we’ve reported about on our blog illustrate the dangers and the increased risks that driver faces for an accident when engaging in distracting behavior behind the wheel.

Court records reveal that the driver had only received her driver’s license about six months prior to the accident. The court has ordered her to stay away from the wheel as a condition of her release after her arraignment.

Most recently, the young driver requested permission for restricted driving privileges so that she could get herself to and from work each day and so that she may provide transportation for her disabled mother and younger brother. Her request was denied.

The car-pedestrian accident took place in Vermont, which has a law prohibiting drivers from texting behind the wheel.

The young driver says that she feels terrible about the injuries she has inflicted upon the victim. She says, in her defense, that the accident occurred during the evening hours and the pedestrian was wearing dark-colored clothing. She also states that this was in fact an accident and not a crime.

Current Massachusetts law says that drivers that are under the age of 18 are prohibited from using a cell phone while operating a motor vehicle. Public transit drivers and school bus drivers have also been banned from using a cell phone while driving or they could face a fine of $500.

All drivers, regardless of age, are prohibited from texting while operating a motor vehicle. Drivers who are busted sending messages of surfing the internet while driving will can a fine of $250 for a first offense and $500 for a second offense.
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An arrest has finally been made in an April hit-and-run car accident in Mattapan that put a 6-year-old-boy in a coma, according to My Fox Boston. A 19-year-old woman was arraigned earlier this month in Dorchester District Court. Her bail was set at $40,000.

Witnesses to the accident say that the child, and a few of his buddies, looked both ways before crossing over Delhi Street, but a speeding vehicle slammed right into the boy and just kept going. The boy was taken to Boston Medical Center.

He stayed there for two weeks, including four days spent in a medically-induced coma. Currently, the boy is recovering, but authorities say that his long-term prognosis is unclear.

Our Boston personal injury attorneys understand that pedestrians, bicyclists and motorists face serious risks on our Massachusetts roadways. Without cautious driving habits from motorists around the state, pedestrians will continue to be overlooked. The woman arrested in this incident was indeed speeding, which only increased her chances of being involved in an accident as it reduced her reaction time tremendously.

A press release issued by Suffolk County District Attorney Daniel Conley states that the woman struck the little boy while she was out free on bail from another incident that happened back in March.

The female driver left the scene of the accident in March that resulted in damage to property. She faces two counts of assault and battery on a police officer and single counts of negligent operation of a motor vehicle, failing to stop for police, operating with a suspended license and resisting arrest for that incident.

She is now facing charges in connection with the April accident as well, with negligent operation of a motor vehicle and violating the state’s witness intimidation law.

Police have plenty of evidence in the case. They currently possess multiple witness statements, video surveillance footage and other evidence gathered during the course of the investigation. Boston Police were also able to obtain a warrant for the woman’s arrest on June 23. She eluded investigators until now.

“These actions are outrageous and the crimes are egregious,” Conley said. “This woman should not be on the road, period. It’s by God’s grace that this child survived. The next victim might not be so lucky.”

According to the National Highway Traffic Safety Administration, the economic cost to society that these accidents cause is more than $40 billion each year. Speeding was a reported contributor to more than 30 percent of fatal traffic accidents in 2009. Nearly 11,000 people were lost in these accidents.

During that year, nearly 9,000 speeding-related accident fatalities happened on non-Interstate highways. Only 12 percent of these accidents happened on Interstate highways.

Massachusetts witnessed nearly 100 speeding-related car accident fatalities in 2009 alone. A number of these accidents could have been prevented had motorists been abiding by posted speed limits. Speeding limits a driver’s reaction time and puts them and others on our roadways at an increased risk for injury or death.
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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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Approximately 292 fatalities and nearly 18,000 injures occur as a result of back-over crashes each year, according to the National Highway Traffic Safety Administration (NHTSA). Of the 292 fatalities, 228 of them were caused by vehicles weight less than 10,000 pounds.

According to DriveOn, the NHTSA is publishing a new rule that would require backup cameras on most cars and trucks. The feds have put off the publishing of this rule for 10 months now.

Boston personal injury lawyers urge you to practice cautious driving with or without a rear-view camera in your vehicle. We stress the importance of being aware of your surroundings while sitting behind the wheel.

Gentex, one backup camera supplier, said it could take a navigation system as long as 5 to 10 seconds “to display the rear view image depending on weather conditions,” said industry analyst Himanshu Patel at JP Morgan. These delay times may not be effective in preventing Boston parking lot accidents.

Backup cameras are available to drivers in numerous models, styles, sizes and prices. They’re available as center console television screens, tiny rearview mirror images or are even available in your sideview mirrors, They’re also available with night vision features. On many new cars they’re now coming as a standard feature.

“The Alliance of Automobile Manufacturers — a lobbying group that represents the Detroit Three and other big players like Toyota, Mazda and Volkswagen — has opposed the regulation because it’s too costly,” says Kicking Tires. “If the rule is finalized, the backup cameras would cost the industry $1.9 billion to $2.7 billion annually, according to NHTSA.”

Backup cameras allow drivers to see beyond their line of site — helping save lives. The government finds their function to be so critical, they are going to continue to push to make them standard on all vehicles.
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Just a week after a Pennsylvania woman’s texting-induced stumble into a mall fountain hit 3 million views on YouTube, (and an 18-year-old pedestrian was struck and killed while walking along Route 195 in Marion), My Fox Boston reports that one New York lawmaker is aiming to make texting-while-walking a citable offense worthy of $100 fine in his Brooklyn district.

Sen. Carl Kruger believes the ubiquitous presence and use of wireless electronics is directly linked to the increase of pedestrian accidents and fatalities in his community. And he isn’t the only one concerned.

In their recently released national pedestrian fatality report, the Governors Highway Safety Association found that for the first time in four years the drop rate in pedestrian fatalities appears to be stalling. In contrast, the number of overall traffic fatalities fell 8 percent. Since 2005, the number of pedestrians struck and killed in car accidents has fallen, on average, by 200 victims a year.
In 2005, 4,892 pedestrians were struck and killed along U.S. roads. In 2009, there were 4,091 pedestrian fatalities – a difference in 801 lives.

Our Boston personal injury lawyers frequently report the risks of pedestrian accident caused by distracted driving. Unfortunately, distracted pedestrians also contribute to their own demise.

In Massachusetts alone 48 pedestrians were killed in 2009. During the first six months of the year, 14 people died. During the first six months of 2010, 25 Massachusetts pedestrians died from injuries sustained in a car accident.

In 2008, the City of Cambridge was named “America’s most walkable city” by the American Academy of Pediatrics and Prevention Magazine. The community boasts sidewalks on “virtually every street” and a 30 m.p.h. speed limit maximum on city streets. Cambridge officials estimate about a quarter of community residents walk to work.

City officials have implemented a pedestrian safety awareness initiative that includes five key safety practices, as follows:

~ RED MEANS STOP. Just like motorists and cyclists, pedestrians must follow all traffic signals. That means, wait for a green to go.

~ Only use crosswalks to traverse streets. And, only walk when the “WALK” signal is flashing.

~ Pay attention to your surroundings. Before you step or pedal your way into or through an intersection or turn, or pull away from the curb and merge into traffic – look for cyclist, for pedestrians, for motor vehicles or other obstructions.
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