Boston Car Accident Lawyer Blog

A car accident in Massachusetts landed a Mashpee man in jail on a $2,500 bail after he reportedly caused the accident while driving with his wife and son. The man has been arraigned in Falmouth District Court on two counts of assault and battery on a police officer, reckless endangerment of a child and seven other criminal charges.

The accident happened when the passenger, an Army specialist, had an argument with his wife, the driver of the vehicle. Reports conclude that he grabbed the steering wheel, which caused his wife to crash into the woods off Turpentine Road on the Massachusetts Military Reservation. The enraged passenger and his wife suffered minor injuries. Their 17-month-old son was unharmed.

Our Boston car accident attorneys strongly believe that emotions should be left outside the vehicle. According to the AAA Foundation for Traffic Safety, road rage is defined as any number of aggressive behaviors on the part of a driver. It can also get serious enough to include physical assault. It is estimated that the United States sees up to 1,200 reported road rage-related fatalities each year.

The man was so enraged, even after the accident, that he continually threatened the responding troopers at the scene, at the hospital and at the state police barracks, according to reports. He reportedly yelled obscenities, spit on two troopers and damaged a computer, according to the Cape Cod Times.

Enraged drivers pose serious threats to innocent motorists on our roadways. There are many ways that you can try to avoid a potentially dangerous interaction with an enraged driver.

How to avoid becoming the victim of an enraged driver:

-If another driver is becoming aggressive towards you, try not to react. You are urged to avoid making eye contact with them. Many perceive this as confrontational. Keep your driving steady. Don’t be tempted to accelerate, brake or swerve suddenly.

-If you are continuously being hassled by a single driver, or they are following you, drive to the nearest police station or busy place to get help.

-If you’re in traffic with a driver experiencing road rage, lock the car doors and keep the windows and sunroof only partly open.

-Always leave enough space to allow you to pull out from behind the car you are following if need be.

-If someone tries to get into your car, sound your horn or a personal alarm to attract attention.

Drivers most commonly express their road rage by:

-Aggressive tailgating: 62 percent. This is the most common form of road rage.

-Headlight flashing: 59 percent.

-Obscene gestures: 48 percent.

-Deliberately obstructing other vehicles: 21 percent.

-Verbal abuse: 16 percent.

-One percent of surveyed drivers reported that they had been physically assaulted by another driver.

To avoid becoming enraged behind the wheel, make sure you’ve got your trip planned out. Getting lost greatly influences aggressive driving behaviors. Think about the time you’ll be driving. Try to avoid rush hour. Make sure that your windshield is clean. Looking though a dirty windshield is a common source of stress and fatigue for drivers. Never drive for more than three hours without a break and don’t try to travel more than 300 miles in a day. During a long trip, be extra careful on the second day of driving, this is when a driver is most vulnerable to fatigue and is most irritable.

Your chances of becoming stressed behind the wheel have a lot to do with your attitude before you even get in the car. Calm down, breathe and relax.
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A new, interactive program, Distractology 101, will be used to inform newly licensed drivers about the dangers of distracted driving. This new program is being offered through Partners Insurance Group. The program will take place next in Swansea, Mass. from August 29th through September 2nd. Officials believe this program is a necessity as it can help to reduce the number of fatal car accidents in Massachusetts that report the involvement of a distracted driver. Approximately 6,000 people are killed on our roadways every year because of driver distraction, according to South Coast Today.

“Drunk driving was the first epidemic,” said chairman, president and CEO of the Arbella Insurance Group, John Donohueand. “Those numbers went down because of education efforts, not just tougher laws.”

Our Boston car accident attorneys understand how many distractions drivers face on the road each day. Distractions can include cell phones, texting, other passengers, the radio and eating, just to name a few. Unfortunately, many drivers admit to texting behind the wheel. What this program would be able to teach them is that drivers who text are 23 percent more likely to get into a car accident. A number of studies have concluded that this driving behavior is equivalent to driving while legally drunk.

Don’t worry about finding your way to class because the program is held in a 36-foot-long, yellow mobile classroom. The classroom comes equipped with driving simulators that allow newly licensed drivers to get a sneak peek into the dangers of distracted driving. This technology aims at creating a new generation of safe drivers.

Distractology 101 look to put approximately 10,000 newly licensed drivers through this program.

The driving simulators were created by UMass Amherst. The simulators will be open for participants throughout a number of communities throughout the Massachusetts and Rhode Island area through 2014.

According to professor and department head at the UMass Amherst College of Engineering, Dr. Donald L. Fisher, a driver’s first month on the road is one of the most dangerous times. During this time they’re about six times more likely to be involved in a fatal accident. He and the College of Engineering teamed up in the creation of this simulator to help reduce the risks of accidents for these new drivers by nearly 40 percent.

Drivers are able to engage in three types of distractions while driving:

-Visual: When a driver takes their eyes off the road.

-Manual: When a driver takes their hands off the wheel.

-Cognitive: When a driver takes their mind off what they’re doing — driving!
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A 52-year-old United States Postal Service (USPS) worker slammed into the back of a tractor-trailer on Commerce Drive in Braintree. The Massachusetts car accident left the USPS worker pinned from the waist down. The tractor-trailer was parked on the side of the road during the evening accident, according to Boston.com.

Police report that the driver of the mail delivery truck was pinned under the dashboard and had to be extricated by firefighters. Once removed from the vehicle, he was transported to South Shore Hospital for his injuries. He was reportedly conscious and alert during the lengthy extrication. The driver of the tractor-trailer was on the side of the road, where he was parked to sleep for the night. He was was not injured in the accident.

Our Boston personal injury attorneys understand that vehicles that are parked on the side of the road, whether they be occupied by sleeping drivers or have been disabled, pose serious threats to passing motorists. Drivers who are pulled over on the side of the road have an obligation to pull the vehicle off the travel portion of the road and onto the shoulder. There are specific statutes that apply to these types of situations.

When a vehicle is pulled over on the side of the road it should have flashers activated. It should also be on the right-hand side of the road with the direction of passing traffic. A vehicle that is stationed on a divided highway’s left side is extremely dangerous. A disabled vehicle should never be stopped in a lane of traffic.

Drivers of pulled-over vehicles should move their vehicle as far away from the road as possible. At the very least, these motorists should be able to open their door without stepping out into traffic.

Massachusetts also has a Move Over Law. This law aims to protect police, firefighters, paramedics, tow truck drivers and all other roadside emergency and maintenance professionals working at the side of the road. The Move Over Law took effect back on March 22 of 2009. Specifically, this law requires that drivers that are approaching a stationary emergency or maintenance vehicle with flashing lights move over to the next adjacent lane if it is safe to do so. They’re also asked to reduce their speed. Motorists should do this for all vehicles or workers that may be on the side of our roadways. If you fail to comply with this law you can face a fine of up to $100.

Every year, there is a large number of emergency responders across the country that are injured or killed on the job while offering emergency services on the side of the road. Just this summer, six Massachusetts state troopers were injured on our roadways under these circumstances. All motorists are asked to make a personal pledge to always move over to make our roadways safer for both drivers and those on the side of the road.
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a href=”https://www.jeffreysglassman.com/lawyer-attorney-1575402.html”>Car accidents in Boston and elsewhere in the United States are the number one killer of teens.

They outpace drugs, cancer, suicide and other high-profile dangers, according to

Drivers in Massachusetts are still texting away behind the wheel of their vehicles despite the somewhat recent passage of the ban. The ban took effect back on September 30th and between then and May the state issued more than 700 citations to drivers who were busted texting at the wheel. That’s an average of three text citations written a day.

Texting while driving significantly increases your risks for being involved in a distracted driving car accident in Boston.

In the 27 communities on the South Shore, officers issued citations to nearly 70 drivers between September 2010 and May of 2011. That’s only about nine a month. Only two of those citations were handed to drivers under the age of 18.

Our Boston car accident attorneys understand the dangers that accompany distracted driving habits. According to Distraction.gov, nearly 5,500 people died on U.S. roadways in 2009 because of a traffic accident that involved a distracted driver.

While state officials are hopeful that the enforcement efforts have made an impact on drivers, they report that it’s too early to know.

“It’s a difficult law to enforce and there needs to be strengthening of the law,” said Jeff Larson, president of Safe Drivers Alliance, a group that supports laws aimed at curbing distracted driving.

While drivers are prohibited from texting behind the wheel in the state of Massachusetts, they’re still free to use the cellphone while operating a motor vehicle. Larson says that this makes it extremely difficult for officers to tell whether a driver is texting or legally dialing a phone number, according to the Patriot Ledger.

Drivers still have their tricks to get out of this one. Many of them will text below the steering wheel to conceal the phone. When a driver is busted, they’re still able to delete the text messages before the officer approaches the vehicle. The only real way an officer can prove that a driver was texting while driving is to subpoena for the driver’s cellphone records.

Larson suggests that officials enact a law that would require all drivers to use hands-free devices when talking on their cell phones. Not only would this help them to bust drivers that are texting, but it would help to decrease driver distraction as it would eliminate any excuse to hold a phone.

Under Massachusetts state law, drivers are prohibited from reading or sending text messages and emails or surfing the internet, even at a stoplight. If you’re busted, you can face fines ranging anywhere from $100 all the way up to $500. We are the 30th state to enact a statewide texting ban.

Since the law was put into effect, nearly 350 drivers have been cited. Officers have also handed over more than 40 citations to drivers under the age of 18 that were caught talking on their cellphone. Statewide, teen drivers are prohibited from using their cell phones or text messaging. One of these tickets comes with a 60-day license suspension.

“I’m encouraged by the number of citations being issued, because that would indicate officers are being vigilant in their observations,” said Wayne Sampson, director of the Massachusetts Chiefs of Police Association.

The National Highway Traffic Safety Administration reports that enforcement, not just the threat of enforcement, is the number one factor reducing the number of drivers texting behind the wheel.

In 2009, nearly 1,000 fatal traffic accidents in the United States reported the involvement of a distracted driver.
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In 2009, there were more than 33,000 traffic accident fatalities involving drivers, passengers, pedestrians and bicyclists, according to the National Highway Transportation Safety Administration (NHTSA).

The cost of these accidents includes lives and loved ones lost, the cost of medical care, rehabilitation and long-term care and the cost of property damage. The Centers for Disease Control and Prevention (CDC) reports that roughly $41 billion is spent every year in medical expenses and work-loss costs because of car accidents in Massachusetts and elsewhere.

Still, a number of states are passing new laws that increase the speed limit on highways to as much as 85 miles per hour, according to Automotive Industry Today. Speeding is the cause of roughly a third of all traffic accidents on our roadways.

Our Boston car accident attorneys realize that this is no time to be lifting bans, regulations, rules and laws that govern driving habits. This is a time in which we need to enforcement the current laws that already exist. While none of us like to be told what to do; it is the careless and negligent operators that ruin lives and devastate families. Putting up with a few intrusive laws is well worth the life-saving effort.

The NHTSA recommends the following safety protocols to help cut down on the number of incidents, injuries, fatalities and costs associated with car accidents:

–Step up with seat belt laws. As it stands now, 31 states currently enforce primary seat laws. A primary law means that a police officer can pull you over without the presence of any other traffic violation and give you a ticket for not wearing a seat belt. A secondary seat belt law means that an officer can only pull you over and ticket you for not wearing a seat belt only if the driver commits another traffic infraction.

–Require that all children be placed in age and size appropriate booster seats and car seats. Every state currently has a child restraint or safety belt law. State laws differentiate significantly, depending on the age of the child. Some states have varying safety requirements and penalties for failing to properly sit your child into a seat belt. Some states have implemented only secondary child restraint laws.

-Enact mandatory motorcycle helmet laws. According to the CDC, the risk of brain or head injury decreases by nearly 70 percent for motorcycle drivers who ride while wearing a helmet.

-Do not increase speed limits. Increased speed limits lead to an increased number of traffic accidents. Speeding drastically reduces a driver’s ability to react. Speeding is one of the top contributors to fatal motor-vehicle accidents in the United States.

Car accidents are the number one cause of death for those ages 5- to 34-years-old in the United State. It is estimated, by the CDC, that more than 2 million adults were treated in emergency rooms after being involved in a motor-vehicle accident in 2009.

In 2009, these accidents resulted in a total fatal accident cost in Massachusetts at nearly $400 million. Roughly $6 million went to medical costs and the other $388 million as work loss costs.
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Summertime traffic accident data concludes what police officers and road patrol units already know — July and August are the deadliest months on U.S. roadways as they typically see the most car accidents in Boston and elsewhere throughout the country.

An annual analysis of traffic collisions in Indiana reveals that of the 701 fatal accidents, one in five of them occurred in either July or August, according to Pharos-Tribune.

Our Massachusetts personal injury attorneys understand that many residents and visitors will be hitting our roadways through the remainder of summer to enjoy summer vacations and the warm summer weather. After a few consecutive years of declining traffic fatality numbers, recent numbers have not been so uplifting. Even Indiana has seen a significant increase in both passenger vehicle and motorcycle fatalities, especially during the summer months.

As a matter of fact, U.S. roadways in 2010 witnessed the lowest number and rate of fatal traffic accidents since 1949. Our country was able to experience these low fatality numbers even though the number of miles that Americans drove during the year increased significantly.

“Last year’s drop in traffic fatalities is welcome news and it proves that we can make a difference,” said U.S. Transportation Secretary Ray LaHood. “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.”

The National Highway Traffic Safety Administration (NHTSA) projected that there was a near 5 percent decrease in the number of traffic fatalities between 2009 and 2010.

“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.”

In an effort to stop some of these potentially fatal traffic accidents, the Massachusetts State Police will be conducting a number of random sobriety check points.

“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.

In 2008 alone, there were nearly 400 traffic fatalities that occurred in the state of Massachusetts. More than 40 motorcyclists died, 74 pedestrians were killed on our roadways, more than 160 were killed in alcohol-related fatalities and 20 deaths happened because of motor-vehicle accidents that involved a large truck. Most of these accidents happened in Worcester and Middlesex Counties. When this data is broken down into percentages based on the population of each county, Berkshire and Franklin counties had the highest fatal car accident percentages for that year.

While fatality numbers continue to rise slowly, there’s no doubting that the next two months will be some of our deadliest. Motorists are asked to travel with caution and to practice alert and defensive driving habits to help prevent serious injury or death on our roadways.
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Reducing the number of distracted-driving car accidents in Boston maybe easier than we ever expected. According to U.S. Transportation Secretary Ray LaHood, both Syracuse, New York, and Hartford, Connecticut recently experienced significant reductions in distracted driving after both cities conducted pilot projects that measured the effect of increased law enforcement coupled with high-profile public education campaigns.

“These findings show that strong laws, combined with highly-visible police enforcement, can significantly reduce dangerous texting and cell phone use behind the wheel,” said U.S. Transportation Secretary Ray LaHood. “Based on these results, it is crystal clear that those who try to minimize this dangerous behavior are making a serious error in judgment, especially when half a million people are injured and thousands more are killed in distracted driving accidents.”

Our Massachusetts car accident attorneys recognize the serious, and potentially fatal consequences of distracted driving. Reducing this behavior can help to prevent a number of traffic fatalities every year. This recent study proves that media campaigns, similar to the highly-successful national seat belt campaign, “Click It or Ticket,” combined with increased police enforcement, can help to stop dangerous driving behavior. These types of traffic accidents, including those caused by distracted driving, are 100 percent preventable and we need everyone’s participation to help save lives on our roadways.

Syracuse and Hartford both stepped up their enforcement game to warn drivers about the dangers of distracted driving. During their increased enforcement efforts, New York saw a decline in handheld cell phone use and texting behind the wheel by roughly one-third. Hartford was fortunate enough to experience nearly a 60 percent drop in handheld device use. The number of texting drivers in Hartford dropped by nearly three-quarters.

“The success of these pilot programs clearly show that combining strong laws with strong enforcement can bring about a sea change in public attitudes and behavior,” said NHTSA Administrator David Strickland. “We applaud the work of the men and women of the Syracuse and Hartford police forces, and call on state legislatures, law enforcement and safety advocates across the nation to follow their lead.”

The National Highway Traffic Safety Administration has decided that they’re going to make an attempt at taking this project even farther. They would like to test this same three-part formula on an even bigger scale. They’re going to push tough laws, strong enforcement and ongoing public awareness, but at the state-wide level.

Nearly 5,500 people died in traffic accidents that involved a distracted driver in 2009 alone. Another 500,000 people suffered injuries as a result of these incidents. Distracted-driving related deaths accounted for nearly 20 percent of all traffic fatalities in 2009.

Currently, there are 34 states, the District of Columbia and Guam that have already enacted texting bans. Nine states, the District of Columbia and the Virgin Islands have enacted laws that prohibit all hand-held cell phone use while driving.

In Massachusetts, school bus drivers and those who are 18-years-old and younger are prohibited from using a cell phone while operating a motor vehicle. All drivers are banned from texting while driving a vehicle.
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