Boston Car Accident Lawyer Blog

November 8, 2010

Driver fatigue tied to 1 in 6 Boston car accidents

Boston car accident attorneys know there are few things more important to our well-being and, unfortunately, more under-rated, than a good night’s sleep. Aside from the health benefits of regular rest, fatigue has also been found to play a significant role in workplace accidents, machinery-related accidents and motor vehicle crashes.

Driver fatigue is believed to be responsible for more than 100,000 car accidents, resulting in 71,000 injuries and at least 1,500 fatalities annually, the National Sleep Foundation reports. Nearly 11 million drivers have admitted to crashing or narrowly escaping a car accident due to falling asleep behind the wheel. Half of Americans surveyed admit to regularly driving while tired and another 20 percent say they have fallen asleep behind the wheel during the last year.

“When you are behind the wheel of a car, being sleepy is very dangerous. Sleepiness decreases awareness, slows reaction time, and impairs judgment, just like drugs or alcohol, contributing to the possibility of a crash,” said AAA Foundation President and CEO Peter Kissinger. “We need to change the culture so that not only will drivers recognize the dangers of driving while drowsy but will stop doing it.”

Authorities are urging motorists to take the risks serious this week during Drowsy Driving Prevention Week.

To help drivers recognize signs they might be at risk of “driving while drowsy” the NSF offers the following tips and prevention suggestions:

~ If you find it difficult to focus, lose track of time and catch yourself daydreaming or struggling with incoherent thoughts.

~ If the last few miles you’ve driven seem more a blur than a reality, or if you’ve missed an exit or failed to respond properly to traffic signal.

~ If you experience persistent yawning, heavy eyelids, nodding off or feel confused or irritable.

~ Before hitting the road make sure you are well rested and have gotten at least six (preferably eight) hours of sleep. On longer trips, plan regular rest breaks every couple hours.

~ If you feel yourself growing drowsy stop for a jolt of caffeine and a 20 minute rest before getting back behind the wheel. Caffeine and a brief rest offer good short-term fixes, but a better plan is to travel when you would normally be awake.
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November 2, 2010

Massachusetts trucking accidents a common cause of workers’ compensation, personal injury, wrongful death claims

by Jeffrey S. Glassman

A Boston trucking accident seriously injured the driver of a tractor-trailer after his semi rolled over on the I-495 South ramp to I-95 South on Monday afternoon, the Sun Chronicle reported.

Our Massachusetts workers’ compensation lawyers and Boston car accident attorneys are frequently called to handle serious and fatal trucking accidents.

The 45-year-old trucker was flown by helicopter to Brigham and Women’s Hospital in Boston. His injuries were described as life-threatening. The ramp has been the scene of numerous truck rollovers in the past. The truck was carrying a load of candles, which did not spill, but the ramp was closed for hours.

Transportation accidents are one of the leading causes of workplace accidents, according to the Bureau of Labor Statistics. Nationwide, more than 40 percent of the fatal work accidents in 2008 were caused by transportation incidents. Such accidents were responsible for 2,130 of the 5,214 fatal on-the-job accidents.

But those at the greatest risk of being seriously or fatally injured in a trucking accident are other motorists on the road. Passenger vehicles do not stand a chance in an accident with a large truck or other commercial vehicle. Nationwide, one out of every nine traffic fatalities involves a large truck, according to the National Highway Traffic Safety Administration.

In 2008, a total of 4,229 motorists were killed and more than 90,000 were injured in accidents with large trucks. Of those, only 677 fatalities and 23,000 injuries occurred to truck occupants. The vast majority of injuries occurred to the occupants of other vehicles or to bicyclists or pedestrians.

Consulting with a Boston auto accident lawyer with the knowledge and experience to handle serious and fatal accidents involving large trucks is critical to protecting your rights and the financial well-being of you and your family. Such cases are often complex and involve multiple victims and accidents claims, in-state and out-of-state trucking companies, drivers and insurance companies, and state and federal trucking regulations.
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October 30, 2010

7-D drivers have special obligation to avoid Boston car accidents

by Jeffrey S. Glassman

Authorities stopped 149 vans and station wagons during a recent crackdown on 7-D pupil transport vehicles, the Massachusetts Department of Transportation reported.

While our Boston personal injury attorneys have highlighted the risks associated with Massachusetts school bus accidents, traffic accidents involving vans or other vehicles used by daycare centers, churches and other organizations get less attention.

However, they can be even more dangerous. The National Highway Traffic Safety Administration recently issued a warning regarding the use of 15-passenger vans after two horrific crashes in New York and Georgia involving church vehicles. While schools are forbidden from purchasing the vans to transport students, numerous smaller organizations rely upon them for transport.

The government is particularly concerned about the use of older tires on such vehicles, which can lead to blowouts and rollover accidents. The upcoming winter driving season also increases the risk of an accident caused by poor tires.

During the recent investigation, dubbed “Operation Guardian Angel,” authorities set up nine safety checkpoints in Boston and issued 123 violation, including $5,350 in fines. Infractions included driving without the required 7-D license, vehicle equipment defects, including bald tires, overloading passengers and failure to not properly secure children in car seats or seat belts.

“The RMV has many responsibilities, but none more important than keeping this most vulnerable population safe,” said Registrar Rachel Kaprielian. “We need to assure parents that their children are riding in safe vehicles with properly trained drivers. But parents can help by being vigilant and asking tough questions.”

Drivers of 7-D vehicles must undergo criminal background checks and apply for special licenses. Vehicles, including cargo vans and station wagons, must undergo inspection twice a year.

7-D drivers are also subject to a fine of up to $500 for using a mobile telephone while driving with passengers, thanks to the state’s new distracted driving law, which took effect. Sept. 30.

The government provides the following safety tips for vans and passenger vehicles used in transport:

-Make sure the vehicle is properly maintained.

-Drivers must be properly trained and licensed.

-Overloading should be avoided. Even loading can reduce the risk of a rollover accident.

-Tires should be properly inflated and in good repair.

-Drivers should check tires for proper inflation, and for signs of wear, before each trip.

-Passengers should wear their seat belts.
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October 28, 2010

Massachusetts civil trial under way in fatal Brockton pedestrian accident involving school bus

by Jeffrey S. Glassman

A civil trial involving a school bus driver accused of a fatal Brockton, Massachusetts pedestrian accident is under way in Boston, according to the Enterprise News.

Our Boston personal injury lawyers have reported here before that the vast majority of people killed in Massachusetts school bus accidents are pedestrians, typically a student who is boarding or de-boarding the bus.

A criminal charge of motor vehicle homicide by negligent operation was thrown out of Brockton District Court in 2008. A 46-year-old disabled woman was killed in the 2007 accident.

A Massachusetts wrongful death lawsuit was filed last year by the victim’s sister against the bus driver and First Student, Inc., the busing company.

The victim suffered from Parkinson’s disease and osteoporosis. She was using a walker to cross Belmont Street when she was hit by the bus as it took a right turn from Manomet Street. The bus contained three students and a bus monitor at the time of the crash. There were no reports of other injuries.

While thousands are injured in school bus accidents each year, fatalities are a rarer occurrence. An average of just 19 fatalities are reported in connection with school bus accidents each year, according to the National Highway Traffic Safety Administration. About 14 of those involve pedestrians.
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October 26, 2010

Pair of Massachusetts car accidents claim lives of young drivers over the weekend

by Jeffrey S. Glassman

Massachusetts car accidents claimed two lives in separate accidents over the weekend, the Boston Globe reported.

An 18-year-old Middleborough woman was killed when she lost control of her car on I-495 shortly before 9 p.m. Saturday, according to Massachusetts State Police. Her 1996 Toyota Avalon was southbound hear the Plainville exit, when she apparently lost control, veered into the median, and struck a tree.

She was taken to Massachusetts General Hospital in Boston, where she was pronounced dead. Our Boston injury attorneys frequently report about the dangers our teen drivers face on the road. While it may sound macabre, we urge parents to bring accidents involving teenagers to the attention of their young drivers each time a report is on the television news or in the newspapers. The number of teenagers involved in serious or fatal accidents is staggering. As the National Highway Traffic Safety Administration continues to report, traffic accidents are the leading cause of death for teenagers nationwide.

In this case, the victim’s 21-year-old passenger was also injured and was taken to Sturdy Memorial Hospital in Attleboro for treatment. The crash closed southbound I-495 for about an hour.

On Sunday, another young driver was killed when police say a 26-year-old Worcester man lost control of his 2003 Mitsubishi Eclipse, which left the road and rolled over before striking a sign post.

He was pronounced dead at the scene and the cause of the accident remains under investigation.
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October 25, 2010

Proper instruction and supervision of teen drivers reduces risk of Massachusetts car accident

by Jeffrey S. Glassman

Our Massachusetts car accident lawyers have recently reported on our Boston Car Accident Lawyer blog that parents can reduce the risk of their teen being involved in a traffic crash simply by spending more diverse and instructive time supervising them during the permitting process.

Car accidents kill more teenagers each year than suicide, homicide and cancer. The AAA Foundation reports that in 2008, more than 800,000 drivers aged 15 to 18 were involved in car accidents which claimed the lives of 3,431 vehicle occupants and injured 350,000.

Recently the AAA Foundation undertook a year-long in-depth study of supervised driving and found that student drivers were not getting enough practice driving at night, in bad weather, or in heavy-traffic conditions on city roads, highways or interstates. Nor was there enough dialogue between parent and child regarding defensive driving or navigating safely through unexpected driving situations.

One key element to cultivating good driving skills in your teen is being a good example, AAA Massachusetts reports. To help parents and teens make the most of their shared time behind the wheel, the State of Illinois produced a parent-teen driving guide that provides instructive tips for a few common and more complex driving skills teen need to master. They include:

BACKING UP:

~ Before putting the vehicle in reverse, check all around the vehicle for pedestrians, other cars or objects (like mailboxes). Physically turn your body, don’t just rely upon side- and rear-view mirrors.

~ Backing up is a “walking speed” activity. It’s easy to get disoriented with the mechanics of moving in reverse, so you want to tackle the process at a low rate of speed. Keep your foot lightly hovering over the brake pedal and remember that tiny steering corrections can have a big impact in the direction of your vehicle. Turn the wheel gently, slowly and thoughtfully.

ESTABLISHING RIGHT OF WAY:

~ Working emergency vehicle ALWAYS have the right-of-way in any traffic situation and most states have some form of “move over” law on the books that requires drivers to slow down and change lanes when approaching an emergency vehicle or if one is coming up from behind.

~ If another driver isn’t obeying right-of-way “chain of command” – don’t resist or obstruct them. Let them proceed to avoid and accident or prevent a road-rage incident.

~ When making a left turn, oncoming traffic has the right-of-way. Just because you have a green light, does not mean it is safe to proceed. Before you move, check traffic and road conditions to make sure you have a clear path where you are heading and a safe entry zone.
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October 20, 2010

Boston aims to be more foot friendly by reducing risk of pedestrian accidents

by Jeffrey S. Glassman

Our Massachusetts pedestrian accident attorneys know that the City of Boston prides itself for its excellent public transportation and walkable cityscape. The Daily Green and, frankly, numerous other “walk-friendly” and sustainable community resources, have consistently ranked Boston among the top five most walkable large cities in the U.S.

Just last week, the Boston Metropolitan Area Planning Council sponsored a public talk on the “shared street” urban planning concept that blends functional, efficient, traffic flow with safe, sustainable green- and public-space. The meeting was the first of a series of coming “shared space” events that hope to develop a host of practical, implementable, projects in the downtown area that promote traffic safety, encourage health-conscious activities – like biking or walking – and stimulate economic growth through destination-based vehicle and foot traffic marketing.

This concept goes far beyond slapping up a few pedestrian crossing signs and some bicycle lanes and includes traffic calming devices that alter street shape, function and appearance, the Boston Globe reports. While at first, the idea of less signage or glaring, law enforcement monitored, traffic devices may seem a tragedy waiting to happen, results from European models have determined that both drivers and pedestrians pay more attention to one another and their environment without all the flashing, bells-and-whistles. Of course, this model is more appropriate for some locations than others, targeting more urban settings, than, for example, school zones and playground areas.

The “shared space” notion aims to change the dynamic between pedestrians and drivers while changing the visual landscape as well. Future shared road spaces will be less about segregating walkers from riders and more about safely opening street space in such a way that requires more human interaction.

The Walking Site, offers a few tips for starting walkers. Of course, before starting any exercise program, one should check with a doctor first:

~ Start off slow and easy with the right gear – a 20-minute round trip around your neighborhood is a safe place to start. Try it for a week and aim for a five-day-a-week regimen. Add five-minutes to your walk time each week until you reach your time or distance goal. A lot of good can be said for a decent pair of sneakers, comfortable – breathable – clothes and clean, dry, socks.

~ Hydrate, hydrate, hydrate – and not just while you are walking. Drink plenty of water both before and after you hit the trail.

~ Mix it up a bit. Add stretching, warming up and cooling down as your build onto your routine. Once you’ve developed a habit of walking regularly – explore time, distance and pacing goals that work toward cardiovascular fitness.
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October 19, 2010

Teen Driver Safety Week aims to reduce number of Massachusetts car accidents involving young drivers

by Jeffrey S. Glassman

Our Boston child injury attorneys encourage parents to speak with their teenagers about the risks associated with poor driving decisions this week as safety advocates nationwide carry the message during Teen Safe Driver Week (Oct. 17-24).

As we enter the high school homecoming season, with winter driving and the holidays just around the corner, it’s a great time to have a serious talk with your children about their risk for a Massachusetts car accident.

Sixty-eight motorists were killed in car accidents involving teen drivers in 2008, according to the National Highway Traffic Safety Administration. Nationwide, traffic accidents are the leading cause of death among teenagers.

Teens are among the worst offenders of every poor driving habit in the book: speeding, drunk driving, texting and driving, distracted driving, driving without a seat belt and driving with too many passengers in the car.

The Massachusetts Department of Transportation reports that a full one-third of 16-year-old drivers are involved in a car accident — 4,018 of 11,819 in a recent year. Drivers age 17 had a 1 in 5 chance of being involved in a crash. While about one-seventh of those age 18 were in a traffic accident.

And the Centers for Disease Control and Prevention reports that 40 percent of teen deaths are the result of car accidents.

Spend some time this week with your teenagers and talk to them about the dangers associated with poor driving habits and about riding in cars with other teens.

You can use this Massachusetts teen driving contract to make a pact with your teen to stay safe behind the wheel.
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October 16, 2010

More help from parents during driver training can reduce risk of Boston car accidents among teenagers

by Jeffrey S. Glassman

Parents can reduce the risk of their teen being involved in a Massachusetts car accident by spending more time on the road with them during the permitting process, according to a new study being released this week by the AAA Foundation for Highway Safety.

The New York Times reports that nearly half of all parents remained uncomfortable with at least one aspect of their teen’s driving abilities even after a year-long permit process. Still, one-third allowed their child to obtain their driver’s license within 30 days of becoming eligible. The study found teens could use additional training, particularly dealing with challenging conditions like heavy traffic, night driving and bad weather.

Our Boston accident lawyers frequently report on the dangers faced by teenagers behind the wheel. Traffic accidents are the leading cause of death among teenagers ages 15 to 20, according to the National Highway Traffic Safety Administration. Nationwide, a total of 6,428 motorists were killed in traffic accidents involving teen drivers in 2008, accounting for one-sixth of the nation’s deadly car accidents.

Massachusetts car accidents involving teen drivers claimed 68 lives that year.

“One of the best things parents can do to reduce the risk is to spend as much time as possible with their children to provide guidance driving in a variety of situations so they can gain experience and competence,” said Peter Kissinger, CEO of the Foundation. “If they do, it will have a significant impact on the teenager’s later driving experience.”

The study, which is among the first to follow the interaction of parent and child during the licensing process, found that more than half of all parents routinely provided instruction on operating the vehicle (like “slow down”) but fewer than 5 percent of instructional comments were aimed at assisting teenagers in learning defensive driving techniques, such as scanning the road or anticipating the actions of another driver.

There was also wide variation in the amount of time a parent spent with a child learning to drive. The National Safety Council said that the time immediately after a teen gets their license is vital. “If they knew the risk, they would take a much more active role,” said David Teater, of the NSC.
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October 15, 2010

Big Dig’s “ginsu guardrails” a source for lawsuits and concerns for Boston motorist safety

by Jeffrey S. Glassman

Initially designed and constructed to protect Massachusetts road department and maintenance workers from slipping from the jobsite and falling onto the heavily trafficked eight-to-ten lane expressway, the Big Dig tunnel handrails have been involved in seven Boston traffic fatalities from 2005 to 2008, the Boston Globe reports.

Our Boston workers’ compensation attorneys and Massachusetts personal injury lawyers have been monitoring an ongoing debate between lawyers, accident reconstruction specialists, engineers and officials from the Massachusetts Department of Transportation. Each player has produced copious amounts of data regarding the effectiveness, safety, benefits and hazards posed by the six miles of guardrails that sit atop raised walkways that line both sides of the highway.

The debate may rage on, but it is the gristly depiction of how the fatalities are described and remembered that has had the most impact on public opinion. Of the seven drivers or passengers of motor vehicles or motorcycles killed after coming in contact with the guardrails, most experienced either brutal dismemberment or were ensnared in the handrails during impact and pulled from their vehicle.

While in some cases speeding or seat-belt use played some role in the cause of death, accident reconstruction specialists hired by the Boston Globe to review accident reports found three flaws in the barrier design they say significantly impacted survivability.

First, the railings are too widely spaced, leading to possible victim entanglement upon impact. Second, because the height of the guardrails are level with a car window or motorcycle seats they create a snag hazard for passengers or drivers who come into contact with the barrier. Third, instead of using rounded vertical posts to reinforce the horizontal handrails, the Big Dig posts have squared off corners which can act like blades when they come into contact with skin.

Experts on the side of Mass-DOT disagree. They say that not only have the railings passed numerous engineering and construction inspections, they also comply with state and federal safety regulations and industry safety standards. Whatever side prevails, seven families mourn lost loved ones, litigation continues and the original handrails remain intact and in place.
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