Boston Car Accident Lawyer Blog

December 12, 2010

Government pushing safety improvements to reduce risks associated with Massachusetts car accidents

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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December 11, 2010

Drivers need drug testing in Boston fatalities

by Jeffrey S. Glassman

Operating a vehicle while under the influence is a danger to other drivers and pedestrians not to mention against the law. Although under the influence is most commonly known for alcohol consumption, Boston automobile accident attorneys are finding that drug consumption is an increasing cause for fatal crashes in Massachusetts.

Recently, the National Highway Traffic Safety Administration has reported that drug use tested in fatal crash victims has been on the rise over the last 5 years. Though testing is sporadic at best, last year of the 63% of drivers that were tested, 3,952 came back positive for drug use which equates to 18% of fatalities in 2009. In 2005, only 56% of drivers were tested but 13% of the fatal drivers tested positive for drug use.

The Fatality Analysis Reporting System (FARS) used by NHTSA to collect statistics broke the testing down to three variables: did the driver get tested, what kind of drug may have been used, and what was the outcome of the test.

Test results included illegal drug usage as well as doctor prescribed and over-the -counter drugs so it varied anywhere between narcotics to inhalers to Tylenol. More importantly, if a drug was found positive it didn’t necessarily mean the person had used in excess but rather it was found in their system. Unlike testing for alcohol levels, determining whether a driver was under the influence of drugs is more difficult because some drugs remain in the system for days or even weeks after being consumed.

State to state there are some inconsistencies in determining if drugs are present, mostly due to the fact that each state has their own individual laws and policies established. State authorities don’t all use the same test, test for the same drugs, or use the same absorption levels.

Massachusetts is a state that needs work on the measures for drug testing. In 2009, 212 driver fatalities were reported — in nearly half the cases it is unknown whether drug testing was conducted. This track record is poor in comparison to nationally, where 21,798 fatalities were reported and testing status was unknown in only 4% of the cases.

Drivers should be aware of the warning signs on drug labels. If you have taken prescribed or over-the-counter drugs make sure you read all the side effects listed before getting in a vehicle to drive. Side effects can lead to impaired driving and could cause a serious or even fatal accident on the roadways.
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December 9, 2010

Feds pushing new rules that could reduce risk of backover pedestrian accidents in Boston

by Jeffrey S. Glassman

Blind spots in rear views are a common danger for drivers, especially those of sports utility vehicles. Our Boston car accident lawyers are encouraged by proposed new rules to reduce the risk.

Boston car accidents will diminish when drivers are better able to see what is behind them, particularly in parking lots, driveways and parallel parking spots.

Several summers ago Consumer Reports tested some vehicles rear blind spots. It was a simple test to set a 28 inch traffic cone behind a vehicle and measure when the driver could see the top. The results of the study found that blind spots ranged from 7 to 50+ feet.

Earlier this month the U.S. Department of Transportation proposed a regulation that will help reduce and hopefully eliminate vehicle blind spots. The new regulation will increase the required field of view for trucks, cars, minivans and other vehicles under 10,000 pounds.

Installing in-vehicle display screens and video cameras to the rear of vehicles will comply with the regulations. By September 2012 10% of new vehicles will need this modification, followed by 40% in 2013 and 100% by 2014.

The proposal sited the following facts from the National Highway Traffic Safety Administration:

-About 292 fatalities and 18,000 injuries occur per calendar year from back-over accidents (for all vehicle types).

-The majority (228) of these 292 fatalities were from light vehicles weighing 10,000 pounds or less.

-Children and the elderly are most likely to fall victim of a back-over accident.

-44% of fatalities involving a vehicle 10,000 pounds or less are with children under 5.

-33% of fatalities with a light vehicle are with victims over age 70.

Tips to prevent backover accidents in Boston:

-Children should not play around parked vehicles so refrain from leaving balls, toys, and bikes around or behind parked vehicles
-Hold on tight to children walking on or around driveways, sidewalks and parking lots.

-Teach children a safe place to stand when a vehicle is backing out of the driveway. The driver and child need to see each other.

-Slowly back out of parking spaces and driveways. Rolling down your window and making sure your radio is off will help you hear anyone approaching your vehicle.

Though newer technology is a step in the right direction, nothing replaces walking around your vehicle prior to backing up.
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December 6, 2010

Massachusetts students involved in bus accident en route to ski trip

by Jeffrey S. Glassman

A Massachusetts bus accident injured more than a dozen students after a bus transporting University of Massachusetts students on a ski trip overturned in Vermont, the Daily Collegian reported.

Boston injury lawyers handling busing accidents know that such cases are frequently complicated by multiple injury victims and competing claims. Additionally, damages may be sought from any number of at-fault parties and insurance carriers. Typically, the university or school bears some responsibility for the safety of students being transported on a school-sanctioned trip. Additionally, other at-fault drivers on the road, the busing company and the bus driver may share responsibility for such accidents.

Friday’s accident resulted in the bus overturning and sliding down an embankment on I-91 in Vermont. The Boston Globe reported that 17 of the 45 passengers were transported to local hospitals.

There were reports that the driver may have suffered a heart attack while at the wheel. Reports indicated that at least four of the students suffered critical injuries.

The bus was one of eight on its way to Quebec City, Canada for a weekend field trip. The trip is an annual event of the UMass Ski & Board Club. The university sent buses to retrieve the students involved in the crash.

The Boston Herald reported the driver and students involved are all believed to be okay after the bus swerved across the median and flipped over.

A UMass spokesman contended the trip was a private event not affiliated with the school.
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December 3, 2010

Six injured, one killed, in Massachusetts car accident blamed on drunk driver

by Jeffrey S. Glassman

A Wilbraham, Massachusetts drunk driving accident has claimed the life of a Portland woman, Mass Live reported.

As the holiday season enters full swing, our Boston accident attorneys urge you to celebrate responsibly and help reduce the risk of the devastating consequences that are too often associated with drinking and driving during the holiday season. Nationwide, about one-third of all fatal accidents involve alcohol, according to the National Highway Traffic Safety Administration.

In 2008, a total of 11,773 people were killed in accidents caused by drunk drivers — or one every 45 minutes. Alcohol was involved in 42 percent of all Massachusetts car accidents, accounting for 151 of 363 traffic fatalities.

In this case, a 24-year-old Ware motorist is facing charges of motor vehicle homicide; operating under the influence of alcohol with serious bodily injury; and negligent operation, and a marked lanes violation, according to police.

The head-on collision occurred at Boston Road and Three Rivers Rod. Six people were transported to the hospital, including the 27-year-old victim. Police say the defendant was driving a 2000 Jeep Grand Cherokee eastbound on Boston road when he collided with a 2002 Nissan Altima with five occupants.
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November 25, 2010

Boston drunk driving accidents a Thanksgiving danger

by Jeffrey S. Glassman

Massachusetts State Police have announced DUI checkpoints in Essex County and Suffolk County as authorities work to reduce the risk of Massachusetts drunk driving accidents through the Thanksgiving Holiday.

As our Boston car accident lawyers reported earlier this week, 354 fatal accidents were reported nationwide over the Thanksgiving holiday last year. The National Highway Traffic Safety Administration reports that someone is killed in a drunk driving accident every 45 minutes.

About one-third of all fatal accidents involve a drunk driver. In 2008, a total of 11,773 motorists were killed in alcohol-related traffic crashes. Massachusetts drunk driving accident killed 141 motorists — or a staggering 42 percent of all traffic fatalities that year.

Mother’s Against Drunk Driving ranks the state 31st out of 50 states in the fight to combat drunk driving.

Statistics for 2009 include:

3-Time Offenders: 22,253
5-Time Offenders: 4,840
Fatalities: 108
Percentage of underage drinkers last 30 days: 33 percent
Underage binge drinkers last 30 days: 23 percent Continue reading

November 23, 2010

Heavy Thanksgiving traffic increases risk of Massachusetts car accident

by Jeffrey S. Glassman

The Boston car accident attorneys and staff at Jeffrey Glassman Injury Lawyers wish each of you a safety and enjoyable Thanksgiving weekend with friends and family. And we remind you of the increased risk of Massachusetts car accidents during the busiest travel weekend of the year.

The Boston Globe reports that Thanksgiving travel is expected to increase significantly this year, with more than 42 million travelers making a trip at least 50 miles from home. That’s an 11.4 percent increase over last year.

“While Americans remain cautious with household budgets and discretionary spending amidst high levels of unemployment, many are in a better financial position this Thanksgiving than a year ago,” Lloyd P. Albert, AAA Southern New England senior vice president of public and government affairs, said in a statement. “This improvement, along with a strong desire to spend time with friends and family, is expected to propel a significant increase in Thanksgiving travel.”

The Massachusetts Department of Transportation is also expecting Thanksgiving traffic to be heavier than last year. The department is urging motorist to travel in the early morning or after 8 p.m. from Wednesday Nov. 24 to Sunday Nov. 28 to ease congestion.

The National Highway Traffic Safety Administration has also launched a campaign aimed at increasing seat belt and booster seat use through the travel weekend.

Fatal Accidents by Holiday in 2009:

New Year’s: 411
Memorial Day: 410
Fourth of July: 369
Labor Day: 328
Thanksgiving 354
Christmas: 233 Continue reading

November 19, 2010

Government priorities in Mass: Fewer motorcycle accidents, drunk driving accidents, distracted driving accidents involving young drivers

by Jeffrey S. Glassman

The National Transportation Safety Board has released its Most Wanted List of Transportation Safety Improvements this week. The list will go to state governments, which are encouraged to use it in setting priorities. Our Boston injury lawyers note that many of the government’s priorities involve safety topics and risk factors we discuss here frequently.

“State governments are in a unique position to effect the most significant improvement in certain areas of transportation safety,” NTSB Chairman Deborah A.P. Hersman said. “Our Most Wanted List spotlights those states that have made noteworthy progress in better protecting the traveling public – and those that have not.”

Improve Motorcycle Safety
The number of fatal motorcycle accidents more than doubled from 1997 to 2008. Head injuries are the leading cause of death. The NTSB therefore recommends helmet laws. Currently 20 states require helmets for all riders. Twenty-seven states have partial helmet laws and three states — New Hampshire, Iowa and Illinois — have no helmet laws.

Massachusetts motorcycle accidents killed 41 riders in 2008.

Distracted Driving car accidents involving young drivers
Car accidents are the leading cause of death for young people ages 15 to 20. Graduated Drivers License systems and more involvement from parents during the driver’s education process could help reduce the risks. Additionally, the government backs cell phone bans and text messaging bans for young drivers.

Better Child Occupant Protection
Nearly half of children ages 4 to 8 who are killed in car accidents are not properly restrained. The government recommends booster seats for children ages 4 to 8.

Primary Seat Belt Laws
More than half of the 23.000 occupants killed in car accidents last year were not wearing seat belts. Belts reduce the risk of serious or fatal injury by about half.

Eliminate Hardcore Drunk Driving Twenty-two years ago the nation’s deadliest drunk driving accident occurred when a driver slammed into a bus in Kentucky, killing 27 people. The driver had a history of drunk driving and a blood-alcohol level of .26. In the last decade, 81,000 have been killed by hard-core drunk drivers.
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November 14, 2010

Seniors at high risk for Boston car accidents

by Jeffrey S. Glassman

With winter weather rapidly approaching and the holiday season just around the corner, our Boston personal injury lawyers urge families to discuss safe driving habits with elderly drivers and to take steps to assure their safety.

The USA Today reports the rapidly expanding population of older drivers will have a huge impact in the years to come. The AAA Foundation for Traffic Safety reports that fatality rates begin to climb after age 65. From 75 to 84, older drivers are about as dangerous as the most dangerous drivers on the road — teenagers. After age 85, the chances of being involved in a fatal accident skyrocket until the oldest drivers on the road are 400 percent more likely to be involved in a fatal accident than young drivers.

It’s a huge issue because a separate study earlier this year also found that drivers over the age of 75 are much more likely to say they plan to driver into their 90s than are drivers who recently hit retirement age.

And, with the Baby Boomers hitting retirement age, the number of older drivers on the road is expected to explode in the coming years. The number of U.S. residents over the age of 70 is expected to grow from 1 in 10 today to 1 in 5 by 2040. Meanwhile, the number of fatal accidents involving those over 65 is expected to grow to 25 percent, from just 11 percent today.

The National Highway Traffic Safety Administration reports that more than 183,000 older adults are injured in accidents each year — and they account for about 1 in 5 fatal pedestrian accidents.

Many seniors make concessions when not in denial about their abilities — typically limiting their driving to daylight hours. This is no guarantee. Eighty percent of traffic fatalities involving older drivers happen during daylight hours and 72 percent occur during the week.

Senior drivers were responsible for more than 1 in 5 fatal Massachusetts car accidents, accounting for 74 of the 363 fatalities in 2008.

The USA Today article encourages families to start discussing the issue early — even at the time an older adult retires — so as to make it less contentious. With proper planning, a parent or aging loved one may also move to an area where public transportation is available or make other concessions in preparation for the time when it may no longer be safe to drive.
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November 11, 2010

Boston road rage incident a reminder of the risks of aggressive driving and Massachusetts car accidents

by Jeffrey S. Glassman

A Quincy man is claiming self-defense after a stabbing that police are blaming on road rage, the Boston Globe reports.

Our Boston accident attorneys have reported before on the dangers of road rage and aggressive driving. Aggressive driving involves a number of driving behaviors of which most drivers are guilty of at some point, including speeding, tailgating, changing lanes without using a signal and speeding up for yellow lights. Road rage, as in this case, is usually defined as a criminal offense.

Road rage injures or kills at least 1,500 motorists each year and Massachusetts has been at the forefront of the issue from the beginning. One of the first comprehensive studies of the issue, conducted by the AAA Foundation for Traffic Safety, opens with a 1994 case of road rage in Massachusetts in which a 54-year-old bookkeeper fatally shot a 42-year-old motorist with a crossbow.

In Monday’s case, the 62-year-old motorist said another motorist became angry at him for blocking traffic on Morrissey Boulevard after he was involved in an accident. The defendant claims he was defending himself when he stabbed the motorist. He has pleaded not guilty in Dorchester District Court to assault and battery with a dangerous weapon.

The alleged stabbing victim was also issued a summons to appear in court on charges of assault, assault and battery on a person over 60, negligent operation of a motor vehicle, and disorderly conduct.

The National Highway Traffic Safety Administration offers tips for reducing stress while driving and for avoiding road rage in Boston.

-Get out of the Way: Don’t challenge the other driver.
-Put your pride aside: Do not speed up, attempt to hold your own or otherwise provoke the driver.
-Avoid eye contact: Which may enrage an aggressive driver.
-Gestures: Ignore them and don’t return them.
-Report serious aggressive drivers: Pull over to a safe location and alert authorities to the location and description of the vehicle, including license plate number.
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