Articles Posted in Car Accidents

Like most states, speeding is a common denominator for Boston car accidents and traffic accidents elsewhere in Massachusetts. Speed limits are established for the safety of drivers but the warning signs posting the speed are often ignored. Drivers need to accept the responsibilities of following the law and the speed limit signs that are posted on the state’s highways and byways this holiday season.

In 2009, the National Highway Traffic Safety Administration reported a total of 9,478 fatal crashes as a result of speeding. Massachusetts was responsible for 68 of the fatal crashes where speeding was involved. In the United States, one third of traffic fatalities in 2009 were a result of a speed-related crash. Massachusetts had a total of 76 of those fatalities.
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According the NHTSA, Suffolk County had a total of 4 fatalities for crashes involving speed in 2009. This was a new low over the last 5 years and substantially lower than the 12 fatalities reported in 2007. Of course, heavy traffic plays a role. And the issue is chronically under-reported when factors like speed too fast for traffic conditions, tailgating and other related causes are taken into account.

Suffolk County has had a significant decrease over the last 5 years in fatalities per 100,000 people killed in speed related crashes. In 2005 there were 1.83 fatalities per 100,000 people where as in 2009 there were only .53 speed related fatalities per 100,000 people. In fact, Suffolk County had the lowest fatality rate per 100,000 people in 2009, with the exception of Franklin and Nantucket counties where no fatalities were recorded for that year.

Speeding is detrimental to driving for a couple of reasons. Speeding makes it difficult to control your vehicle around sharp corners or S curves. It is also much more difficult to stop your vehicle quickly. The higher the velocity of speed, the farther you travel when slamming on the brakes to avoid something in the road like an animal, another vehicle, or worse yet a pedestrian.

Speed also exponentially increases the seriousness of a resulting crash.

Safe driving tips for Massachusetts drivers include:

-Stay within 5-10mph of the cars driving on the roadway with you.

-Refrain from driving in the fast lane when you have the chance to move over into the next lane.

-If your vehicle has cruise control, set it to a speed that is appropriate with the traffic flow.

-If you tend to drive at a pace slower the speed limit, stay in the far right lane.

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Our Boston personal injury lawyers urge you to speak with older drivers about the importance of safe-driving habits this week during Older Driver Safety Awareness Week. Family and friends can help by staying aware of their loved ones driving skills as they age each year.

As we age our body changes and some of these changes can affect our ability to drive safely. The National Institute on Aging highlights some issues facing older drivers.
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-Hearing changes will affect your ability to hear warn sounds like sirens or horns. More importantly, strange sounds from your car indicate a mechanical problem that you need to hear.

-Reaction time in a vehicle is very important. There are times drivers need to think and act fast. As we age reflexes get slower, muscles are weaker and we may not think as fast as we use to.

-Eye diseases like cataracts and glaucoma affect the elder driver’s sight. Having trouble seeing at night can become a problem. Glare from the sun, street lights and headlights will present difficulties. It may become harder to read street signs and seeing people and objects outside your vehicle.

-Weakened muscles and stiffer joints may make turning the steering wheel or braking quickly more difficult. Also you may have a harder time turning your head, lessening your ability to see all that is around you.

As we get older our health changes and medications are needed to keep our bodies functioning properly. Elder drivers should be aware of medication side effects like drowsiness or lightheadedness which can affect your driving ability. This applies to all drivers not just the elderly.

Some states have special requirements when senior drivers renew their license. Some require a road test or a vision check so renewals can’t be done by mail or online.

As we reported in July on our Boston Car Accident Lawyers Blog, the state’s new law banning drivers from text messaging also includes a provision requiring drivers over the age of 75 to have their vision tested and to renew their license in person, rather than online.

Aging affects us all differently so there isn’t a way to determine when everyone should stop driving. But here are some clues that might suggest you put away those car keys for good.

-Are you having fender benders?

-Are you getting lost in previously familiar places?

-Are drivers blowing their horns at you?

-Do you find yourself drifting out of your lane?

-Have you been told by loved ones to stop driving?

-Are you worried about your own driving?

-Do you ever confuse the brake and the gas pedal?

-Do objects and people suddenly appear in front of you?
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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.
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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.
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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.
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Boston is among one of the most historical and cultural cities in America. Due to the history and the fact that it is home to three of the most prominent sports teams, Boston rates among the top tourist areas in the country. However, Massachusetts car accidents in rarely occur with the vast number of tourist driving on urban roadways.

In fact, a 2008 report by the National Highway Traffic Safety Administration states rural fatalities account for 56% of all traffic fatalities in the United States. However, from 2005 to 2009, the entire state of Massachusetts had 1,808 urban traffic fatalities and only 194 rural fatalities.

The NHTSA reported that in 2008, Massachusetts had the 3rd lowest rural fatalities at 36. Only the District of Columbia (2) and Rhode Island (13) had fewer. In addition, Massachusetts falls short of the national average of passenger vehicle deaths per miles traveled. In 2008, Massachusetts had .6 deaths per 100,000 miles travel, nationally that number was 1.26. Considering the size of this state, it’s pretty remarkable how low these numbers are.

It’s possible that with the convenience of mass transit also helps keep the number of urban traffic fatalities down each year in Boston. However, the city and all it has to offer will always be a constant attraction for those out-of-state tourists who travel on unfamiliar urban roadways to take in a little piece of history year after year.

A helpful tip to tourist visiting Massachusetts or the Boston area, check out the visitor information centers located throughout the state. They are there to offer help with driving and hot spots located throughout the state. These centers are open seven days a week during peak times of the year but many have reduced operating schedules during the less traveled winter months.
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A Massachusetts wrongful death lawsuit has been filed by the family of a Boston firefighter, against six companies contracted to inspect the braking systems on fire trucks, the Boston Globe reported.

While a Massachusetts workers’ compensation claim is most commonly filed to collect damages on behalf of an employee and his family following a work accident, a personal injury lawsuit or wrongful death claim may be filed by a Boston injury attorney when it is alleged that the negligence of a third party contributed to the serious or fatal injury of an employee in an on-the-job accident.
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In this case, the firefighter died in January 2009 after Boston Fire Department Ladder 26 suffered a brake failure and careened down Parker Hill Avenue in Mission Hill. The truck crashed through the brick wall of a building on Huntington Avenue. The Globe reports that companies named in the lawsuit include Bay State Auto Spring Manufacturing Co. of Roxbury; Boston Freightliner Inc. of Everett; Broadway Brake Corp. of Somerville; Damian Diesel Inc. of Avon; Suspension Specialists Inc. of Allston; and Woodward’s Auto Spring Shop Inc. of Brockton.

The wrongful death lawsuit alleges gross negligence on the part of the companies, faulty brake work, installation of the wrong parts, failure to recognize mistakes during inspection. The negligence resulted in the truck’s failure to stop, causing the fatal crash, according to the suit.

The lawsuit was filed on behalf of the late firefighter’s daughter and widow and seeks unspecified damages.

On the day of the accident, the truck had been returning from a medical call when the brakes failed. The victim, who was riding in the front seat, used the truck’s horn to warn pedestrians and drivers. All four firefighters in the truck and several people in the building were injured. The victim died of massive head trauma.
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An Abington, Massachusetts car accident that injured a child trick-or-treating has led to reckless child endangerment charges against a Brockton woman, the Patriot Ledger reported.

Our Boston auto accident attorneys and Massachusetts child injury lawyers frequently report on the risk of car accidents faced by young children and teenagers. As we reported recently on our Boston Personal Injury Attorney Blog, Halloween accidents in Massachusetts increase the dangers this time of year.

In this case, the three-year-old girl was injured in the Massachusetts pedestrian accident as she cross Route 123. Police charged her caretaker, a 21-year-old Brockton woman, after alleging that she had taken the 3-year-old and a 2-year-old trick-or-treating at 8:45 p.m. — after the posted hours.

The 3-year-old was struck by a 2008 Kia while attempting to cross Route 123 by herself. The girl was transported to a local hospital and then taken to Children’s Hospital in Boston with serious injuries.

The National Highway Traffic Safety Administration reports that 1,314 children under the age of 14 were killed in traffic accidents last year. More than 190,000 were injured.

Somewhere in America, traffic accidents claim the lives of four children each day and injure nearly 500. One-fifth of those fatal incidents involve pedestrian accidents. Last year, 244 children were killed while walking.
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Our Boston injury attorneys note recent articles in Sports Illustrated and USA Today highlight the risk of head injuries and Massachusetts sports injuries, particularly for high-school athletes.

Massachusetts Personal Injury Attorney Jeffrey S. Glassman has a special interest in helping young athletes who have been injured in a sporting accident. The National Youth Sports Safety Foundation was founded after his sister suffered a debilitating back injury that ended a promising tennis career after she was placed on an inappropriate weight-training program.
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Sports Illustrated reports that smaller hits than previously thought may lead to concussions, particularly in contact sports like hockey and football. And the resulting brain damage begins much earlier than previously thought.

Researchers had believed that 80 times the force of gravity was needed to cause concussions — heading a soccer ball produces about 20gs. They were stunned to learn hits of 100gs or more were common in high school football practice. Participants in the study subsequently scored 20 percent lower on memory tests.

And a concussion was not necessary for reduced test scores. Of 11 players examined in one set, three had suffered concussions while the other eight had not. Nevertheless, four of those eight players showed significant declines in visual memory. Moreover, the force of the hits was primarily in the 40g to 80g range, or about half of what was previously though necessary for adverse results.

Traumatic brain injury can range from a concussion to a penetrating head injury suffered in a car accident. Symptoms can take months to surface and the full impact of such injuries may not be known for years, or even decades. Our Massachusetts injury lawyers believe it is imperative for those who suffer a head injury to seek the advice of an experienced law firm. While such injuries may present as little more than a minor annoyance, taking the steps to protect your rights in the event a claim needs to be filed in the future can be a critical step to protecting the rights of you and your family.

The Centers for Disease Control and Prevention reports about 1.7 million people will suffer a brain injury each year. Of those, 1.4 million will be seen in hospital emergency rooms, 275,000 will be hospitalized and 52,000 will die.

The most common causes of TBI are auto accidents, fall and sports-related injuries.
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A disabled man has died in a New Bedford, Massachusetts pedestrian accident after his motorized wheelchair was dragged beneath a van at a busy city intersection Friday afternoon, the Boston Herald reported.

While police and authorities at the scene said they did not believe the man’s injuries were life threatening, his family said he died at the hospital. This case illustrates why our Boston personal injury lawyers and Massachusetts wrongful death attorneys are bothered when we see it reported that someone suffered “minor injuries” as the result of an accident.

As the old adage goes, “minor injuries” are injuries that do not happen to you!

Traumatic brain injuries are just one example: While these injuries are very often life threatening, the initial symptoms can takes weeks or even months to progress into a full-blown emergency. In other cases, the extent of a person’s injuries may not be readily apparent in the immediate aftermath of the accident. In other cases, a pre-existing health condition can exacerbate injuries sustained as the result of an accident. These are just a few of the reasons that we encourage those involved in an accident to contact an attorney, document the incident, and take the steps necessary to protect their rights should a claim need to be filed in the months or weeks to come.

Police report the 54-year-old victim was struck while crossing the intersection of Route 6 and Pleasant Street on Friday afternoon. He died at Boston Medical Center’s trauma center at about 11 p.m.
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