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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.
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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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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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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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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.
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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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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.
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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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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.
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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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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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Driver complaints and stimulus funds are leading to much-needed improvements of one South Brookline roadway, the Boston Globe reports. A well-travelled, meandering curvy road near Faulkner Hospital – Allendale Street – has worried neighbors for years. Signage is poor, road surface conditions are patched and potholed and dividing lines and other road markings are completely faded. Residents complain that the foliage-lined swerving road already offers drivers poor visibility of oncoming traffic. Pair the nature of the roadway with the deteriorating road conditions and it is a recipe for disaster.

As our Boston car accident attorneys have reported in an earlier post to our Boston Personal Injury Attorney blog, this is not the first time neighbors have complained about potentially hazardous road conditions. With that said, a spokesman for the mayor’s office did tell the Boston Globe that and the Massachusetts Department of Transportation has planned an upgrade for Allendale Street using stimulus funding from the Recovery and Reinvestment Act. The project will begin mid-October and should take about three weeks and will include repaving and restriping.

According to a 2009 Pacific Institute for Research and Evaluation study, roadway conditions are the single most lethal contributing factor in fatal car accidents nationwide – more so than speeding, impairment and failing to buckle up. In 2009, poor roadway conditions were linked to 52.7 percent of all U.S. fatal car accidents and 38 percent of non-fatal crashes. It is estimated that road-condition crashes cost the U.S. economy more than $217 billion annually in medical expenses, productivity costs, property damage and quality-of-life expenses.

Wet weather and speeding are believed to have both played a role in a mid-morning I-95 Boston car accident last week that claimed the life of 32-year-old Hyde Park man, the Boston Herald reports.

The 1993 Infiniti crashed into a concrete barrier which caused the car to flip before coming to rest between two unoccupied toll booths. Law enforcement indicated the vehicle did not slow before entering the pay lane. The driver was extracted from the vehicle and taken to Exeter Hospital, where he died. There has been speculation that a medical condition may have been a factor in the crash.
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Slippery roads, whether wet with rain, snow or ice, can make driving more dangerous than usual. The Massachusetts Department of Transportation offers the below list of tips and precautions for drivers to consider as cooler weather and the winter season arrives, bringing with it less favorable driving conditions.

IN THE EVENT OF SLIPPERY ROAD CONDITIONS:

~ Before you head out, know the current road and weather conditions. Dialing 511 from your cell phone will provide you with the latest updates. With that said, once behind the wheel: pay attention, drive cautiously and defensively, and use your brakes carefully. Leave plenty of room for stopping.

~ Before you back out of your driveway, clear all snow and ice from your vehicle.

~ Remember that bridges and overpass sections freeze before other stretches of roadway and that exit and entrance ramps may be more difficult to navigate than straight-aways.

~ In rain or snow don’t use cruise control and look further ahead and around than when driving in clear conditions. Turn on your lights to enhance visibility.

~ Give snow plows and maintenance vehicles a wide berth and never pass them on the right side.

IN THE EVENT OF A STRANDING:

~ Keep a first-aid kit, some bottled water and non-perishable snacks, and a change of warm clothes in your trunk.

~ Stay in your vehicle and stay calm.

~ Keep a window cracked to ensure access to fresh air and only run the engine intermittently.

~ If you can, call 911.
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It’s no secret that the car you drive can have a big impact on your ability to survive a serious Massachusetts car accident. We’ve all seen the sub-compact cars that look as though they could be totaled in an accident with an alley cat. At the same time, the rollover issue with the Ford Explorer some years ago proved that large is not necessarily safer.

This week, the National Highway Traffic Safety Administration is debuting a new 5-Star Safety Rating System available at www.safecar.gov.

Of good news to motorists is that more expensive also does not necessarily mean safer. The BMW 5 series received a “5.” the highest overall rating, but so did the modestly priced Hyundai Sonata.

Cars are rated from 1 to 5 stars and not all cars have been rated yet under the new system, which also used female test dummies for the first time, and not just dummies simulating men. The new system also provides an Overall Vehicle Score for the first time.

“More stars equal safer cars,” said Secretary LaHood. “With our upgraded Five-Star Safety Ratings System, we’re raising the bar on safety. Through new tests, better crash data, and higher standards, we are making the safety ratings tougher and more meaningful for consumers.”

The new system is tougher than the old and rates cars under three broad areas, frontal crash, side crash and rollover resistance.

“We want consumers to embrace these new safety technologies as a way to make vehicles safer,” said National Highway Traffic Safety Administrator David Strickland. “We believe electronic stability control, lane departure warning, and forward collision warning offer significant safety benefits and consumers should consider them when buying a new car.”
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