Car Accidents

July 13, 2010

Backover car accidents in Massachusetts a danger to pedestrians, children

A Hanson, Massachusetts pedestrian accident sent a 55-year-old woman to the hospital over the weekend, the Patriot Ledger reported.

The woman was struck by a small SUV while walking across the entrance to a driveway shortly after 9 a.m. Saturday. She was flown by helicopter to Massachusetts General Hospital, where she was listed in critical condition.

The accident happened as the SUV was backing out of a driveway.

Our Boston injury lawyers have reported on the high number of serious and fatal pedestrian accidents that occur in the Boston area. Massachusetts pedestrian accidents account for one in seven traffic fatalities — 61 of 429 in a recent year. More than motorcycle and bicycle fatalities combined and second only to motor-vehicle fatalities.

Nationwide, 4,378 pedestrians were killed in accidents in 2008, according to the National Highway Traffic Safety Administration and another 69,000 were injured. Somewhere in the nation a pedestrian is killed in an accident every two hours and a pedestrian is injured every eight minutes.

Back-over injuries, such as the injuries sustained in this case, frequently involve young children. The Consumer Union has documented 436 backover accidents in the last decade, primarily involving children under the age of 4.

These accidents occurred outside a child’s home or in a residential driveway and involved 270 fatalities. More than 60 percent of backover accidents involve large vans or SUVs.

Tips for avoiding backover accidents in Massachusetts:

-Walk around a vehicle before moving it.

-Know where kids are and keep them in full view.

-Teach children about the dangers of parked vehicles; never permit them to play around a vehicle.

-Measure the size of the blindspot behind the vehicles you drive. A 5 foot 1 inch driver in a pickup truck can have a rear blind spot of 50 feet.

-Keep in mind that steep inclines and large SUVs, trucks or vans can increase the difficulty of seeing behind a vehicle.
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July 7, 2010

Massachusetts trooper injured after being struck by passing motorist

by Jeffrey S. Glassman

A Massachusetts state trooper suffered a leg injury after being hit by a passing car during a traffic stop, the Boston Globe reported.

As we reported last month on our Boston Personal Injury Attorney Blog, more than half of all law enforcement officers who are killed in the line of duty die as a result of a traffic accident. In fact, traffic accidents are a leading cause of Massachusetts work injuries. Employees, including law enforcement and construction workers, who are injured in a traffic accident while on the job should consult a Massachusetts workers’ compensation lawyer to help protect their rights.

The trooper was treated and released from North Shore Medical Center-Union Hospital in Lynn and is expected to be on injury leave for several days. Shortly after midnight July 4, the trooper had pulled over a driver who had swerved into the breakdown lane of southbound Route 128. A passing silver sedan sideswiped the trooper, who attempted to jump out of the way. The car struck the trooper’s leg and did not stop.

If caught, the driver could face a range of charges, including violation of Massachusetts Move Over Law, which requires motorists to move over and slow down when approaching stopped emergency vehicles or maintenance vehicles with activated flashing lights.

Police are asking anyone with information on the identity of the driver to contact the State Police barracks in Danvers at 978-538-6161.

Our Massachusetts injury lawyers reported last month that a 52-year-old trooper was killed on I-95 when he was struck by a passing vehicle during a car stop. Both drivers in that case have been charged with drunk driving.
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June 26, 2010

Woman involved in fatal Massachusetts car accident had history of traffic accidents and violations

by Jeffrey S. Glassman

A driver involved in a fatal Massachusetts car accident last weekend has a long string of accident and had previously had her license suspended in 2008, the Taunton Gazette reported.

We reported the accident on our Boston Car Accident Lawyer Blog. It happened on I-495 Friday night when the woman reportedly lost control. The Toyota Rav4 rolled over and ejected the driver and passenger from the vehicle. The 29-year-old passenger died as a result of his injuries. Authorities say the driver lost control near the weigh stations, where the road narrows from three lanes to two.

Sometimes accidents are unavoidable. And sometimes poor choices can lead to a serious or fatal accident. Unfortunately, drivers with a poor driving record also are frequently uninsured or underinsured — often because they cannot afford the high insurance premiums that come with a poor driving record. A Boston injury lawyer will review the driving record and available insurance of an at-fault driver and use that information when building a case to compensate victims for lost wages, medical expenses, and other costs associated with an accident. In cases where a Massachusetts accident is caused by an uninsured or underinsured motorist, an attorney may be able to help victims collect on the assets of an at-fault driver, or by filing a claim with their own insurance company.

There is no information about whether the driver was insured in this case.

The Gazette reports that Registry of Motor Vehicle records show the driver has been at-fault in five accidents between 2003 and 2008. She was also convicted of two moving violations in 2006 and 2007. Her license was suspended in May of 2008 after she failed to complete a mandatory driver retraining class following her fifth accident. She completed the class in January of 2009 and her license was reinstated. The state revoked her license after last week’s accident pending the resolution of the case, which is still under investigation.
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June 21, 2010

Highway work a frequent cause of Massachusetts work accidents

by Jeffrey S. Glassman

The death of 52-year-old state police Sgt. Douglas Weddleton, who was run down Friday night while working at a road construction site on I-95, has put the spotlight on Massachusetts road construction accidents and accidents involving police officers and emergency responders.

The Enterprise News reports the story of Trooper Mark Lombardi, who was reaching for the microphone in his cruiser to call a tow truck for an early morning accident on Route 24.

He woke up 12 hours later in the hospital. A drunk driver traveling more than 80 mph slammed into his cruiser in the breakdown lane of Route 24 southbound, near the Route 139 exit in Stoughton.

It was the first of three times his cruiser has been struck on state highways.

The Federal Bureau of Investigation reports that more than half the officers killed accidentally in 2008 died as a result of an automobile accident.

A July 2003 crash on Route 25 in Wareham left Trooper Ellen Engelhardt with permanent brain injuries. She is now in a nursing home.

For every fatal accident, there are 1,000 close calls. Traffic accidents while on the job are a leading cause of Massachusetts workers’ compensation claims.

Massachusetts Move Over Law took effect last March and requires all drivers to move over and/or slow down whenever an emergency or maintenance vehicle is display flashing lights. Please comply with this law. You could not only save yourself the hassle of a ticket, you could save a life and send a father or mother home safe to their family.

Friday’s accident occurred at a road construction zone, where Massachusetts work accidents are a common danger. As we reported last week on our Boston Personal Injury Attorney Blog, the Federal Highway Administration estimates that more than 1,000 workers are killed each year in highway accidents and more than 52,000 are seriously injured.
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June 17, 2010

Woman charged after Massachusetts car accident claims life of highway worker

by Jeffrey S. Glassman

A Lowell woman has been charged with vehicular homicide in connection with a December Massachusetts car accident that claimed the life of a man working on Route 3 in Chelmsford, the Newburyport News reported.

Massachusetts State Police charged the 34-year-old woman with motor vehicle homicide, marked lanes violation, operating in the breakdown lane and failing to move over for an emergency vehicle. She was driving a 2001 Acura MDX northbound on Route 3 on Dec. 1, 2009 when her vehicle struck the rear of a 1999 Peterbuilt truck that was parked at a work set-up site, according to authorities. A 44-year-old man was killed and a 30-year-old worker seriously injured after the men were pinned between the truck and the defendant’s vehicle.

Road construction accidents are a frequent cause of Massachusetts work injuries. Workers who are injured on the job should contact a Boston workers’ compensation attorney to discuss their rights.

The Federal Highway Administration reports that more than 1,000 workers are killed each year in highway accidents and another 52,000 are seriously injured. In this case, the men were working for United Oil Recovery Inc., an environmental cleanup company. They were providing cleanup services at the scene of a previous motor vehicle accident.

Massachusetts’ Move Over Law took effect March 22, 2009 and requires drivers to move over and/or slow down when approaching emergency or maintenance vehicles with flashing lights.
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June 10, 2010

Distracted driving causes Boston car accident; Harvard doctor urges doctors to warn patients

by Jeffrey S. Glassman

Physicians should warn patients of the dangers of using cell phones or text messaging, just as they would warn about the dangers of smoking, Reuters reported.

As we reported earlier this month on our Boston Car Accident Lawyer Blog, distracted driving is a leading cause of Massachusetts car accidents.

Nationwide an estimated 6,000 motorists are killed each year in accidents caused by distracted driving, according to the National Highway Traffic Safety Administration.

Hours before the report was published in the New England Journal of Medicine, the U.S. Senate Committee on Commerce, Science and Transportation approved the Distracted Driving Prevention Act, which will provide incentives to states with distracted driving regulations.

Of primary concern to federal safety officials is drivers who text message behind the wheel, which increases the chance of being involved in an accident by 23 times. But the journal article, published by Dr. Amy Ship of Beth Israel Deacon Medical Center and Harvard Medical School in Boston, also urges doctors to talk to patients about the dangers of using a cell phone while driving. She points to a 2006 study that found that using a cell phone while driving poses the same risk as driving while intoxicated.

“Although there are many possible distractions for drivers, more than 275 million Americans own cell phones, and 81 percent of them talk on those phones while driving,” Ship wrote.
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June 7, 2010

Fatal Massachusetts car accidents on I-93 make it one of the deadliest highways in the nation

by Jeffrey S. Glassman

Interstate 93 in Massachusetts is the eighth-deadliest highway in the nation, according to a list compiled by The Daily Beast. Motorists are most likely to be involved in a Massachusetts car accident on I-93 than any other highway in the state.

Between 2004 and 2008, the 47 miles of I-93 in Massachusetts had 61 fatal accidents that claimed 67 lives, or an average of 1.30 fatalities per mile.

Road Safe America has titled summer the “100 Deadliest Days.” More than 50,000 fatal accidents occurred in June, July and August from 2004 to 2008, according to the National Highway Traffic Safety Administration.

Some roads really are more dangerous than others, whether because of poor design, heavy congestion or challenging terrain, including available roadside distractions. In compiling its list, the Daily Beast examined federal crash statistics for nearly 250 stretches of interstate highways to find out, mile-for-mile, which were the deadliest.

The deadliest highway in America — from 2004-2008, the last five years for which statistics are available — was I-95 in Florida. A total of 662 fatal accidents occurred on the 382-mile stretch of highway, claiming 765 lives.

The mile-for-mile comparison ranked I-76 in New Jersey the second-deadliest in the nation, where 3 miles of road saw five fatal accidents, which claimed six lives, or 1.64 fatalities per mile.

Other deadly roads in the Top 10 included:
3) I-4 in Florida: 132 miles of road/234 fatalities.
4) I-15 in California: 287 miles of road/506 fatalities.
5) I-10 in California: 243 miles of road/387 fatalities.
6) I-59 in Louisiana: 11 miles of road/16 fatalities.
7) I-94 in Illinois: 62 miles/89 fatalities.
8) I-93 in Massachusetts: 47 miles/67 fatalities.
9) I-95 in Delaware: 23 miles/30 fatalities.
10) I-55 in Tennessee: 12 miles/16 fatalities.
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June 7, 2010

Parents encouraged to be proactive in avoiding Massachusetts car accidents involving teenagers

by Jeffrey S. Glassman

The Daily News Tribune has published a useful guide for parents seeking to properly insure their young drivers.

As our Boston Car Accident Lawyer Blog reported earlier this spring, summer is a dangerous time for Massachusetts car accidents involving teenagers. The National Highway Traffic Safety Administration reports that traffic accidents are the leading cause of death among teenagers ages 15 to 20. In 2008, more than 228,000 young people were injured and 2,739 were killed in traffic accidents. In Massachusetts, 68 young motorists lost their lives.

Well over half of all teen drivers in Massachusetts will be in a car accident during their first two years on the road.

Here are the steps you should take to help protect your teen:

-Add your teen to your insurance policy: Massachusetts law requires your child be added to your insurance policy when he or she gets a driver’s license. Begin the conversation with your insurance agent early.

Cost: The cost of insuring a teen driver depends on a number of factors, including driving record and experience, age and type of vehicle being driven, and where you live. Many parents are shocked to learn how much it costs to insure a teen driver. However, given the frequency of accidents, it may be worthwhile to select a higher premium with a lower deductible.

A car for your teen: SUVs have a higher accident rate than passenger cars. Their higher center of gravity also makes them more prone to rollover accidents. Additionally, the larger vehicle may give a teen a false sense of security. Conversely, smaller two-door vehicles have a higher injury rate. Newer cars with anti-lock brakes and airbags have fewer serious injury accidents. Vehicle safety ratings are available through the Insurance Institute for Highway Safety.

High-performance sports cars are often a poor choice for teen drivers. The insurance premiums alone may be enough to discourage allowing a teen to drive a sports car. Regardless of the car you choose, checking the insurance rates is a good idea before finalizing plans as your choice of vehicles can have a dramatic impact on the cost of insurance.

Massachusetts Law: Drivers under 18 will be issued a junior operator’s license. For the first six months, they cannot drive with friends unless a driver over the age of 21 is riding in the front passenger seat. Until they are 18, teens are not permitted to drive between 12:30 and 5 a.m. unless with a parent. Violations can result in a 60-day license suspension and a $100 fine.

Junior operators face a 90-day license suspension for speeding and must pass the learner’s permit and road tests again. Additionally, they will be required to pay a $500 reinstatement fee and complete a Driver Attitudinal Retraining Course.

Visit the Massachusetts junior operator’s website for more details.

Advanced Driver’s Courses: Enrolling your teen in advanced training can be a good idea. Parents should also monitor their teen’s progress and continue to set limitations on their driving rights. The state laws set minimum standards. But no two young drivers are alike and a parent is in the best position to monitor a child’s competence behind the wheel.

Focus on Safety: Continue to have frequent conversations with your child about the dangers of poor driving habits, including distracted driving, drunk driving and speeding.
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June 5, 2010

Fair treatment by insurance company a critical issue in the wake of a Massachusetts car accident

by Jeffrey S. Glassman

The Massachusetts Attorney General’s Office is seeking to institute new rules aimed at protecting consumers from the perils of buying auto insurance.

We all expect our insurance to be there in the event that we are involved in a serious or fatal Massachusetts car accident. Unfortunately, auto insurance companies frequently look out for their own interests, at the expense of consumers. The advent of insurance available for purchase from websites, without the assistance of a knowledgeable insurance agent, has further compounded the issue. Progressive insurance has been under significant fire for offering low rates that consumer advocates contend includes coverage that falls short of providing adequate protection in the event of an accident.

Consulting with an experienced Boston injury lawyer can help protect your rights when dealing with an insurance company in the wake of a car accident in Boston or the surrounding area. Insurance companies have a moral and legal obligation to treat customers in a fair manner. When an insurance company operates in bad faith, it can and should be held responsible.

The new measure aims to “increase the level of transparency, enhance policy holders’ ability to shop effectively for policies, and better prevent deceptive practices by insurance companies,” according to the Attorney General’s Office.

Not surprisingly, the insurance industry claims additional safeguards are unnecessary.

The National Association of Mutual Insurance Companies contends the new regulations are unjustified.

“The sweeping set of new regulations put forward by Attorney General Martha Coakley are unnecessary and ill-advised, to say the least,” spokesman Paul Tetrault said. “Consumers are well protected by existing laws and regulations.”

According to the Attorney General’s Office, the new regulations would:

-Protect consumers from insurance companies that use discriminatory practices.

-Require ratings practices to be fair and transparent.

-Prevent misleading advertisements.

-Ensure consumers are made aware of discounts.

-Protect against policy cancellation or non-renewal without adequate notice.

-Guard against unfair interest rates on installment plans.

-Require proper reporting of at-fault reversals.

-Prevent agents from steering consumers to certain insurers based on commissions.

-Require insurers to promptly reply after a claim is filed.
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May 19, 2010

Bike week begins with fatal Newton bicycle accident

by Jeffrey S. Glassman

Massachusetts’ Bike Week began with a fatal Boston bicycle accident that claimed the life of a 21-year-old man, the Boston Globe reported.

As we reported last week on our Boston Personal Injury Attorney Blog, authorities are pleading with motorists to use caution as the spring and summer bicycling season begins. More than 700 serious cycling accidents occurred in Boston in 2008. Nationwide, 716 people were killed and more than 52,000 injured in bicycle accidents, according to the National Highway Traffic Safety Administration.

In this case, the rider was killed in an accident with an SUV at a Newton intersection. In Authorities believe the cyclist may have ran the red light while traveling eastbound on Commonwealth. He collided with a Honda SUV driven by a 48-year-old Newton woman, who was northbound on Homer Street.