Boston Personal Injury Attorney Blog

Motorcycle accidents in Boston are a huge problem, killing and injuring four times as many people as bicycle accidents on our roadways in 2008.

Nationally, motorcycle fatalities have more than doubled in recent years, according to the National Highway Traffic Safety Administration.

Our Boston motorcycle accident attorneys are including this as the second in our nine-part series on Boston Road Safety. The Massachusetts Highway Safety Division began a push at the beginning of the new year to reduce roadway injuries and fatalities.
When it comes to motorcycles, the headlines are hard to escape.

Just last month, a 41-year-old named Christopher Landry died at Boston's Brigham and Women's Hospital after crashing his motorcycle into a utility pole, according to a news report from the Patriot Ledger.

Investigators say Landry was traveling southbound on Front Street when he veered off the road and into a pole around 4 in the afternoon. He died four days later, and the cause of the crash is still under investigation.

And even more recently, a former network news reporter is facing vehicular homicide charges, after a crash in Plymouth in which a 26-year-old motorcyclist was killed.
WCBVTV in Boston is reporting that 71-year-old Bob Zelnick, who was a reporter with ABC for more than two decades, has been accused of cutting off a motorcyclist who was trying to get onto Route 3 back in October. The 26-year-old motorcyclist died at the scene.

According to news reports, Zelnick's license was suspended at the time of the crash.
He is expected back in court in May.

The NHTSA reports some unsurprising news - motorcycle fatalities are directly impacted by whether a rider wears a helmet.

Some riders say they revel in the freedom of the wind blowing in their hair on the open road. But the risk of not wearing a helmet is simply far too great. In fact, of those motorcyclists who died in crashes, more than half weren't wearing a helmet. What is most critical to keep in mind however, is most accidents involving another vehicle are the fault of the other vehicle's driver.

Further, a recent NHTSA study found that motorcycle deaths have continued a startling upward climb. The numbers had increased more than 60 percent from 1997 to 2004.

Alarmingly, motorcycle riders were more than 26 times more likely to die in a crash than someone in a motor vehicle.

Even more troubling, only 58 percent of motorcyclists are believed to wear their helmet, according to the National Occupant Protection Use Survey.

Most of the riders killed are between the ages of 20 and 29 - far too young to go.
While many motorcycle accidents in Boston and elsewhere are the result of other drivers not paying enough attention, nearly half of all motorcycle crashes involve no one but the motorcyclist, which could point to rider impairment, inexperience or general recklessness.

A motorcyclist, perhaps even more than others on the road, has to drive defensively.

The NHTSA offers the following safety tips:

1. Treat other motorists with courtesy and respect.
2. Avoid tailgating.
3. Avoid riding between lanes of slow-moving or stopped traffic.
4. Know and obey all traffic laws and ordinances.
5. Avoid excessive noise by leaving the stock muffler in place.
6. Use signals when appropriate.

Continue reading "Boston Road Safety, Part 2: Motorcycles" »

Riding a motorcycle can be dangerous. Riders face more risks for being killed in a motorcycle accident in Boston than do the occupants of passenger-vehicles.

The Insurance Institute for Highway Safety (IIHS) says there is one thing that a motorcyclist can do to help reduce these risks -- antilock brakes. To help spread the word, the IIHS has released a new pamphlet, "Motorcycle ABS: Why you want to ride with it," explaining exactly why you're safer with this braking system.

This brochure explains exactly what antilock brakes do, how they work and what their benefits are for riders. It has been created to be handed out at motorcycle showcasing events, rider training programs and other motorcycling venues. The bottom line is that the IIHS is encouraging riders to embrace the new technology and to choose bike models with the safe braking system.

Our Massachusetts motorcycle accident attorneys understand that motorcycles have two separate braking systems, one for the front tire and one for the back. Braking on a motorcycle is much more difficult that braking in a passenger vehicle. When braking on a motorcycle, either wheel can lock up and a driver could potentially lose control or balance and suffer a deadly fall.

When making a sudden brake in a car, the vehicle may skid. No harm done. With the antilock brakes, motorcyclists can brake without the fear of locking up.

"Research shows that motorcycle antilocks dramatically cut the risk of a deadly crash," says Institute president Adrian Lund.

The antilock braking system knows when to reduce the pressure applied on your brakes right before you're about to experience a lockup. The system knows when to reapply pressure once you've regained traction, too. Riders don't typically notice any changes in non-emergency braking with the new system since the technology is only used when the motorcycle's wheels are about to stop spinning.

The braking system comes standard on some bikes and can come as an add-on feature to many bikes. Riders are encouraged to opt for the safe-braking system.

Bikes that have the antlock braking system have been proven to have a near 40 percent lower rate of deadly accidents than the same models without the system, according to the IISH. Highway Loss Data Institute statistics report that there more than a 20 percent reduction in the number of collision insurance claims that are filed for motorcycles with antilocks than for bikes without it.

The braking system has been proven to be safe for motorcyclists of all capabilities. Even the most trained motorcyclists are, at times, forced to brake hard. Road surfaces can play a large role in the outcome of a harsh braking scenario. Unexpectedly sandy or slippery roads can cause a rider to crash. The Austrian Road Safety Board recently conducted a study that concluded that beginner, moderate and expert riders can stop quicker and more safely with the new braking system.

In 2009, more than 4,000 people were killed in motorcycle accidents. If antilock braking systems had been presence on all bikes, experts believe this number could have been much, much lower.

Continue reading "IIHS Recommends Antilock Brakes to Reduce Risks of Motorcycle Accidents in Massachusetts, Nation" »

A recent motorcycle accident in Danvers took the life of a Gloucester man, according to Massachusetts State Police. The accident happened just before 7:00 p.m. on Route 1 when the rider lost control of his bike, and was thrown into a guardrail right by the Route 114 exit. The accident ejected him from his bike and set him through the air about 70 feet. He was transported to the Beverly Hospital and was later pronounced dead, according to the Boston Globe.

Officers were at the scene of the accident within two minutes. Lifesaving efforts were attempted, but failed. They were forced to close some of the northbound lanes on Route 1 to investigate the accident. Traffic was backed up in the area for about an hour. Officers are still investigating the cause of the accident.

Our Boston motorcycle accident attorneys ask all motorcyclists to be extremely cautious on our roadways as riding season comes to a close. Passenger vehicles are the biggest threat to motorcycle riders.

The Insurance Information Institute (III) reports that there are more than 7 million motorcycles on the road in the U.S. Every year there are at least a million new motorcycles and dirt bikes purchased.

Recent motorcycle statistics:

-There were nearly 5,500 people killed because of motorcycle accidents in the U.S. in 2008. This illustrates the highest number of motorcyclist fatalities on record.

-Over the last 10 years, the number of motorcycle accidents and deaths has increased every single year.

-More and more motorcyclists 40-years-old and older are dying in motorcycle accidents every day, which directly reflects the number of aging baby boomers.

-The National Highway Traffic Safety Administration (NHTSA) reports that a motorcyclist is nearly 40 times more likely to be killed in a motorcycle accident than someone in a passenger vehicle.

-A motorcyclist is nearly 10 times more likely to be injured while driving a motorcycle than while driving a car.

-In 2008, motorcycle accidents represented nearly 15 percent of all traffic accident fatalities.

-Nearly 115,000 motorcycle accidents in 2008 resulted in serious injury of significant property damage.

-According to the NHTSA, nearly 2,000 motorcyclists were saved because they were wearing a helmet at the time of an accident in 2008.

A great many of these accidents can be prevented if we can educate and raise awareness in passenger-vehicle drivers about the dangers that motorcyclists are faced with. More cautious, alert and focused driving habits can help to save riders' lives. It is important to keep a watchful eye out for motorcyclists while driving on our busy Massachusetts roadways. Many riders will be out as the summer riding season comes to a close.

Continue reading "Man Killed in Motorcycle Accident in Danvers" »

Last November a 62 year-old man stabbed a 52 year-old driver during a road rage incident following a Boston car accident that caused a traffic jam, according to ABC-5.

The enraged driver claimed the accident was going to make him late to pick up his son. While traffic slowed the driver exited his vehicle and begun to physically harass the nearby victim he accused of causing the backup.

According to a new survey by RoadandTravel.com motorists respond to aggressive driving in all sorts of ways -- more than half return the aggression:

-2 percent of drivers try to run the aggressor off the road

-34 percent honk their horns

-7 percent mimic the aggressive behavior

-19 percent give the finger

-17 percent flash their headlights

-27 percent yell

The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as "the operation of a motor vehicle in a manner that endangers persons or property." NHTSA reports more that 6 million accidents occur each year with aggressive driving contributing to a substantial number of those incidents.

Aggressive driving is a traffic offense. Road rage is a criminal offense, typically involving assault. Our Boston personal injury lawyers urge drivers to protect themselves with defense-driving habits.

If you come in contact with an aggressive driver there are some tips to help keep you safe:

- Never retaliate.

- If you've been harassed and are being followed do not go home. Go to the nearest police station.

- Be polite, even when others are not.

- Never underestimate other drivers' capacity for rage.

- Do not put others in danger by attempting to outrun the enraged drive. Always drive the speed limit.

- Reduce driving stress by allowing plenty of time to reach your destination.

- Remember you can't control other drivers but you can control yourself.

Continue reading "Boston road rage a big city danger; common cause of Massachusetts car accidents" »

Given the nature of our work, the Boston car accident attorneys at the Law Offices of Jeffrey S. Glassman 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:

~ 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.

Continue reading "Feds highlight injury risks most commonly associated with Boston car accidents" »

The Massachusetts Turnpike Authority is among the defendants that have agreed to pay a state trooper's family $9 million after he was killed when his motorcycle slammed into Big Dig handrails, the Boston Globe reported.

Our Boston accident attorneys reported earlier this year on our Boston Car Accident Lawyers Blog about the railings. Originally put in place to protect construction and maintenance workers from falling onto the highway, the railing have been involved in the deaths of seven motorists in recent years.

New documents now show that the U.S. Department of Transportation warned the director of the Big Dig that the rails were unsafe as far back as 1992. But the director replied that they were safe.

The trooper was one of seven victims to be killed after striking the railings lining the tunnels; most of the victims were dismembered. One victim lost an arm but survived.

While the trooper's family said they hope the case will result in the removal of the railings, the settlement did not address the safety issue.

The Massachusetts Department of Transportation expressed sorrow for the accident and the loss of the trooper's life but referred all other comment to the insurer, AIG.

AIG had no comment.

Other defendants included Big Dig contractors.

Continue reading "Big Dig wrongful death lawsuit settled for $9 million " »

A two-vehicle Shelburne Falls accident involving a 2005 Ford Freestyle and a Harley-Davidson motorcycle claimed the life of a 60-year-old motorcyclist, The Republican reports.

The Ford Freestyle was struck after turning left onto Route 2 and crossing the path of the Harley, which then hit the vehicle. Boston motorcycle accident attorneys know that as the interest in and ownership of motorcycles continues to tick upward, so has the number of motorcyclists killed and injured each year in traffic accidents continued to climb.

According to the National Highway Traffic Safety Administration, in 2008, almost 5,300 motorcyclists were killed and 96,000 motorcyclists were injured in traffic accidents nationwide, revealing a decade-long upward trend in both fatal and injury-causing motorcycle accidents. In Massachusetts, 41 motorcyclists died in crashes in 2008. Among the most common accident circumstances - representing 41 percent of fatal accidents involving a motorcycle and motor vehicle - the other vehicle was turning left at the time of the crash. In 2008, left-turn crashes claimed the lives of 985 motorcyclists.

The NHTSA reports that because of their open construction 80 percent of motorcycle-involved traffic accidents result in injury or death. To address this grim statistic, the NHTSA recommends a handful of suggestions to help motorcycles stay safe and uninjured:

~ Obtain proper state licensing and complete a rider-safety training course before taking a motorcycle on the road.

~ Make sure the bike fits the skill, experience and ability of the rider. In this case, size matters!

~ Because motorcycles lack basic structural protection, motorcyclists should always wear protective gear - gloves, goggles, a helmet and boots - that offer additional protection in the event of an accident.

~ Because of their more supple maneuverability, weather conditions can create more hazards for motorcyclists than for other motor vehicles. Before getting on the bike, scan the radar. Be aware of the local weather forecast and road conditions.

~ Perhaps most important: motorcyclists need to ride defensively and ride thinking they are invisible to other motor vehicles. Never ride in a car driver's blind spot.

Continue reading "Shelburne Falls fatal motorcycle accident highlights highway hazards for Massachusetts bikers" »

A local emergency room physician died Friday in a Boston scooter accident, prompting renewed debate over scooter safety in the city, the Boston Herald reported.

Scooters are too often bought or rented as a fun diversion. And they are frequently seen as harmless toys by riders and motorists alike. In fact, they are as dangerous as motorcycles. And statistics show that riders are 18 times more likely to be killed in a Massachusetts motorcycle accident than as a motorist in a passenger car.

"Motor scooters when ridden in the confines of the law are very safe, but people need to be aware of the conditions around them," John Paul, a manager of traffic safety for AAA, told the Herald. "People need to drive defensively - which is probably an understatement. You have to be as aware as possible. You have to be as aware as you can be of everything around you, just like you do in any vehicle."

On Friday, a 50-year-old Brigham and Women's Hospital emergency room doctor and father of three was struck and killed while riding a Zeco scooter on Beacon Street. The accident remains under investigation and no charges have been filed.

While the little bikes can be handy for zipping through traffic, they can also be deadly in the event of an accident. Still, their popularity has skyrocketed in recent years.

Scooter riders should ride defensively, watch for opening car doors, parked cars and driver's blind spots. Motorists should remain cautious around the scooters and treat them as you would a pedestrian because they are just as vulnerable.

Continue reading "Boston scooter accident kills emergency room physician" »

The Middleboro, Massachusetts motorcycle accident that injured Aerosmith guitarist Joe Perry is a reminder to motorists to watch for bikes through the height of summer riding season and into the fall.

The Boston Herald reported that the Rock and Roll Hall of Famer was rear ended by a 62-year-old retired grandmother of six kids while riding his Italian racing bike. The woman didn't realize who she had hit until told by officers who responded to the scene.

"Of all the people to hit, it had to be a rock star," the woman's daughter-in-law said. The two women had been shopping in Plymouth and were returning home in separate vehicles when the crash happened at Routes 44 and 105.

Perry was not seriously injured and was resting at home, according to the band's manager, who said she did not know what the rocker was doing in Middleboro. The woman was cited for following too closely. A relative said she bumped the bike with her Chevy Malibu when the guitarist's Ducati motorcycle stalled in the intersection while she was riding behind him.

Police said he suffered minor scrapes and was taken by ambulance to Morton Hospital in Taunton.

The National Highway Traffic Safety Administration reports a total of 5,290 motorcyclists were killed in 2008 and 96,000 riders were injured. Massachusetts motorcycle accidents killed 41 riders that year.

Statistics show more than half of all motorcycle accidents are the fault of another vehicle on the road. The most common cause of accidents is failure to yield to an oncoming rider while turning or entering the roadway from a parking lot or private drive.

Following too closely, and rear-end collisions, are also among the most common causes of Boston motorcycle accidents.

Continue reading "Aerosmith guitarist injured in Massachusetts motorcycle accident" »

A Boston Motorcycle accident claimed the life of a 28-year-old rider in a hit-and-run crash early Friday morning, ABC5 reported.

Our Boston injury lawyers encourage motorists to remain vigilant for the presence of motorcycles on the road through the busy Fourth of July weekend and throughout the remainder of the summer.

The crash happened about 2 a.m. on Blackstone River Road when a blue car turned in front of the motorcycle at Whipple Road. The rider was thrown from the bike in the crash and the car did not stop. If you are a motorcycle rider in Massachusetts, we encourage you to carry motorcycle insurance coverage in significant amounts, including uninsured motorist coverage, and to speak with your insurance agent about the importance of high policy limits. There is minimal cost associated with increasing your personal injury coverage, which is critical in the event that you are in a motorcycle accident that is your fault, or in cases when the at-fault driver is uninsured or flees the scene and cannot be located.

The 28-year-old rider suffered significant trauma to his head and face and was pronounced dead at 2:30 a.m.

A 28-year-old Worcester man was arrested several hours later after calling police to report that he had been involved in a crash in his 2004 Pontiac GTO. He was charged with leaving the scene of a personal injury accident involving death, homicide by motor vehicle, operating to endanger, failure to yield to oncoming traffic while making a left turn, and a stop sign violation.

The National Highway Traffic Safety Administration reports 5,290 motorcycle riders were killed in accidents nationwide in 2008, and more than 96,000 were injured. Massachusetts motorcycle accidents claimed the lives of 41 riders.

Continue reading "Boston motorcycle accident claims life of 28-year-old Worcester man" »

Two Boston police officers were injured in Massachusetts motorcycle accidents, which occurred within blocks of each other in Roxbury, the Boston Globe reported.

One of the officers was off-duty and riding his personal motorcycle when he was involved in an accident at Warren Street and Martin Luther King Boulevard. The second officer was on duty and responding to the first crash when he was involved in a motorcycle accident in the 500 block of Warren Street while riding his department motorcycle. While many people may not associate work accidents with traffic crashes, serious and fatal traffic accidents are a leading cause of Massachusetts work accidents.

The Bureau of Labor Statistics reports that 1,044 of the 5,214 fatal work accidents reported in 2008 involved highway accidents, not counting those accidents that occurred on city streets.

Both officers were transported to Boston Medical Center for treatment and the causes of the accidents are under investigation.

You can watch the report from My Fox Boston here.

Continue reading "Boston motorcycle accidents injury police officers " »

A Boston motorcycle accident on Sunday sent a 46-year-old man to the hospital with life-threatening head injuries, the MetroWest Daily News reported.

Sunday's accident occurred shortly after 11:30 p.m. on Grove Street in Framingham. The victim was flown by rescue helicopter to Brigham & Women's Hospital in Boston. The investigation continues and details of the accident were not available.

Spring is a dangerous time for Massachusetts motorcycle accidents. As new riders take to the roads and veteran riders gear up for the spring and summer riding season, motorists need to remain vigilant for the presence of motorcycles on the road.

While the overall number of traffic accidents has declined nationwide, the number of serious and fatal motorcycle accidents has increased each year for more than a decade as the popularity of motorcycle riding has skyrocketed. In 1998, a total of 3.8 million motorcycles were registered and 2,294 fatal accidents were reported. In 2007, a total of 7.1 million motorcycles were registered nationwide and 5,174 riding deaths were reported on the nation's roads.

The National Highway Traffic Safety Administration reports that 5,178 riders were killed and nearly 100,000 seriously injured in motorcycle accidents in 2008. The government will release statistics for last year in the coming weeks.

In Massachusetts, 41 riders were killed in motorcycle accidents in 2008.

There are steps you can take to help prevent a motorcycle accident. Based on advice from the Motorcycle Safety Foundation, here are 10 things every motorists should know about motorcycles:

1) Motorcycles are much harder to spot than other vehicles on the road. Motorists should take special care in looking for motorcycles, especially at intersections.

2) A motorcycle's small size makes distance and speed difficult to judge. Predict a motorcycle is closer than it looks and, when in doubt, wait for it to pass before proceeding.

3) Motorcycles are easily hidden in a vehicle's blind spot, or masked by poles, parked cars or other roadway obstructions. Take time to check thoroughly whenever changing lanes or proceeding through an intersection or into a roadway.

4) Don't assume all motorcycles are speed demons. Their size often makes them appear to be moving faster that is usually the case.

5) Motorcycles frequently slow down by easing off the throttle, so brake lights are not a good indicator of a slowing bike. Allow more following distance and predict a bike will slow without warning.

6) Turn signals on motorcycles usually do not shut off on their own. Some riders, especially new riders, sometimes forget to shut them off. Make sure of a motorcycle's intentions before proceeding and do not rely on signals as a solid indication.

7) Motorcyclists often adjust position within a lane, to see more clearly, to avoid debris, or to negate wind or other hazards. A motorcycle is entitled to its own lane; don't crowd them.

8) The ability to maneuver quickly is one of a motorcycle's best characteristics. However, don't expect a motorcyclist to always be able to dodge out of the way.

9) Motorcycles require about the same stopping distance as other vehicles. Slippery pavement or other hazards can also make stopping more difficult. Allow more distance when following a motorcycle and don't expect them to be able to stop on a dime.

10) Think of a motorcycle in motion as a person; they are just as vulnerable.