Boston Personal Injury Attorney Blog

January 17, 2012

Federal Funding to Help Reduce Risks of Car Accidents in Massachusetts after 2011 Storm Damage

Roadways throughout the state of Massachusetts may be looking a little better in the near future. According to Richard Davey, CEO and Secretary of the Massachusetts Department of Transportation (MassDOT), funding from Obama’s Federal Highway Administration (FHWA) is being distributed throughout western and central Massachusetts. The federal aid was provided to the state to help repair roadways from the damage caused by the June 1st tornadoes and August 26th Tropical Storm Irene.

The first grant is about $4 million and will help local communities throughout the area to fix roadway damage from the tornadoes. The second grant is about $41 million and will help cover damages along the East Coast resulting from Tropical Storm Irene. The Hawlet, Goshen, Charlemont, Ashfield and Adams communities will be receiving these funds to help reduce the risks of car accidents throughout Massachusetts.

Our Massachusetts car accident attorneys understand that faulty and neglected roadways are a top contributor to a lot of traffic accidents in the area. With the storms we saw in 2011, there are roadways throughout the state that have been damaged and can be dangerous for motorists. These funds from the FHWA will be used to help increase traffic safety along these roadways. Government and Transportation officials have a responsibility to keep roadways throughout the area safe for travel. This can often be difficult with the recent budget problems. This funding will help motorists throughout the state who regularly traverse the roadways damaged by these catastrophic storms.

“The summer’s tornadoes and Hurricane Irene packed a double wallop, and it still shows in the damage to our roads, bridges, and infrastructure. You don’t bounce back from that kind of severe weather on the cheap,” said U.S. Senator John Kerry.

United States Senator Scott Brown says he is thankful local communities will be receiving the federal funds to help make the proper repairs to damaged roadways. He adds that the federal assistance will help to relieve some of the budgetary burdens that many areas around the country are fighting.

Communities that will be using the federal funds:

-Hawley will be using more than $7,000 to help repair the roadways along Route 8A.

-Goshen will be using more than $10,000 to help fix shoulder and road repairs along West Road.

-Clarlemont will be using more than $440,000 to fix roads and slopes along South River Road.

-Ashfield will be using about $15,000 to fix roads and slopes along Williamsburg Road.

-Adams will be using about $15,000 to fix slopes and roads along East Hoosac.

Within these areas, there was significant damage done to a number of bridges and roadways from the storms. In most areas, cleanup and repair efforts are still underway. Government officials have a responsibly to keep roadways safe for traffic.
Continue reading

January 15, 2012

Icy Bridge Causing Problems and Increasing Accident Risks in Worcester

by Jeffrey S. Glassman

As we recently reported on our Boston Personal Injury Attorney Blog, icy road conditions are causing a plethora of car accidents in Massachusetts. Slick, snowy and icy roadways are among the top causes of a number of traffic accidents thus far is 2012. These types of accidents are in fact preventable with the proper safe winter driving habits.

According to ABC5, a bridge expansion joint problem on Interstate 290 in Worcester was the scene of recent car accidents and a number of flattened tires. According to Massachusetts State Police, the area’s cold temps caused the expansion joint on the Interstate, near exit 20, to dislodge and to protrude from the ground. Shortly after, a tractor-trailer crashed into another vehicle in addition to a number of flattened tires.

Our Boston car accident attorneys understand that the latest reports concluded that nearly 10 vehicles received flat tires after driving over the expansion joint. Reportedly, officials with the Massachusetts Department of Transportation (MassDOT) have been out at the scene and have made the appropriate repairs to that portion of the roadway. All vehicles have been either fixed or removed from the Interstate and traffic is flowing steady. But this brings up an important issue that we’ve been talking about recently: the importance of safe winter driving. Our roadways are dangerous through the winter season and short and simple road trips can turn deadly without the proper driving techniques.

MassDOT is here to offer drivers throughout the state some safe winter driving tips:

-Make sure that you clean the snow and the ice from your vehicle’s lights and windows before driving. You should also clear it off of the roof and the hood for maximum safety.

-You never want to tailgate. You should always leave enough room between you and the vehicle in front of you to stop safely.

-Be cautious of the current driving conditions. Remember that the posted speed limits are for driving on dry pavement. Slow down when snow or ice plague the roadway.

-Curb all distractions to maximize your attention and ability to react to a road hazard.

-Know the current road conditions. You can call 511 from your cell phone to retrieve this information. If calling from a land-line phone, call (617) 986-5511 for Metro Boston info, (508) 499-5511 for Central Massachusetts info and (413) 754-5511 for Western Massachusetts info.

-Be easy on your brakes. You should brake early and brake correctly because it takes more time and distance to stop safely on slick roads.

-Remember that bridge decks freeze first. These roadways have a different exposure to the air and are more vulnerable to ice than ground-level roads. Conditions on bridges are much more dangerous in freezing temps.

-Be cautious on exit ramps. These areas oftentimes receive less anti-icing materials than other road area and can oftentimes be extremely slippery.

-Avoid using the cruise control.

-Look farther ahead into traffic than you normally do to help you to see upcoming roadway dangers before it’s too late.

-Allow maintenance vehicles and snow plows with plenty of room. It’s recommended that you stay at least 200 feet behind them and don’t ever pass on the right.

-Wear your seat belt to help reduce the risks of injury or death in the event of an accident.
Continue reading

January 13, 2012

Millions at Risk for Pedestrian Accidents in Boston

by Jeffrey S. Glassman

According to the Boston Public Health Commission‘s (BPHC) Walk This Way website, there are an estimated 2 million pedestrians in the City of Boston every day. Only about 600,000 people call the City of Boston home, but when you factor in workers and visitors to the city the number reaches roughly 2 million every single day.

With that many people walking through the city, Boston pedestrian accidents are likely and unfortunately going to happen. For that reason, the Walk This Way website is here to offer pedestrians in the city with some safety tips, quick facts and useful information to help to reduce the risks of pedestrian accidents in Boston.

Our Boston pedestrian accident lawyers understand that Boston roadways and sidewalks can be quite the hazard. According to the Governors Highway Safety Association, there were nearly 50 pedestrian fatalities in 2009. During the first 6 months of 2010, there were already 25 pedestrian fatalities reported. With the cooperation of both motor vehicle drivers and pedestrians throughout the city, we can help to reduce these accident risks and make a city of safer travel for everyone.

According to a recent Walk This Way study:

-Only about 12 percent of pedestrians in the city wait for the “Walk” signal before crossing the street.

-Nearly 35 percent of pedestrians jaywalk at least 5 feet from a crosswalk.

-Approximately 95 percent of drivers yield to pedestrians when these on-foot travelers have the right-of-way. But only about 50 percent of drivers yield to pedestrians who cross against the light. Even fewer drivers slow down for jaywalkers.

The results of this study indicate that irresponsible pedestrian and driver behavior is a part of the dangerous risks for pedestrian-traffic accidents in the city. These habits are easily corrected with a little conscious effort towards safety from everyone.

Pedestrian Facts from the BPHC:

-The crosswalk in the safest place to cross the street.

-Check for traffic in all directions before stepping into a crosswalk to cross the street.

-If you’re at an intersection with both a crosswalk and a traffic light, push the button and wait for the “Walk” signal before attempting to cross the road.

-At intersections with a crosswalk without a traffic light, pedestrians have the right-of-way. Be sure that approaching drivers see you and come to a complete stop before starting to cross the road.

-Use a sidewalk when one is available to you.

-When a sidewalk is not available, walk on the left-hand side of the road facing oncoming traffic.

-Always wear brightly-colored clothes or carry a flashlight with you when walking during the evening or early morning hours.

-Keep a watchful eye out for vehicles that are reversing out of parking spots or driveways.

-Remember that the fine for jaywalking in the city of Boston is $1.

Pedestrians are urged to take the Walk This Way Trivia Quiz to test out their walking skills and to freshen up their walking knowledge for a safer commute.
Continue reading

January 13, 2012

New Year’s Resolution to Help Curb Pedestrian Accidents in Boston

by Jeffrey S. Glassman

Our Boston personal injury lawyers recently discussed the dangers of bicycle accidents at one main intersection in the city. While that intersection is definitely dangerous for bicyclists, it’s also extremely dangerous for pedestrians. We’re talking about the intersection of Vassar Street and Massachusetts Avenue. According to the Boston Globe, thousands of motorists, bicyclists and pedestrians cross through this intersection every day. Since 2007, there have been approximately 55 accidents reported at that intersection. One of them fatal and nearly 25 of them resulting in injury.
229337_175116409209205_100001325410820_392097_119830_n.jpg
“For the amount of volume that goes through that intersection…I would say it is one of our highest accident locations in the city,” said Police Deputy Superintendent Jack Albert.

Our Massachusetts bicycle accident lawyers are concluding our 6-part blog series with a discussion of the risks, dangers and consequences of pedestrian accidents in the state. This is the 6th entry of our blog series discussing New Year’s Resolutions that residents can take in 2012 to make our roadways safer for everyone.

Road design enhancements were made to Massachusetts Avenue last year. But many believe that not enough has been done. Officials with MIT urged transportation officials to adjust the timing of the traffic lights to make the intersection more pedestrian friendly. Still, the Vassar Street and Massachusetts Avenue intersection remains one of the city’s top hot spots for these types of accidents. In 2011, there were nearly 20 accidents reported there, making it second in the top five most dangerous intersections in Massachusetts. The number one most dangerous intersections was at Gardner Street and Massachusetts Avenue in Harvard Square.

According to city records, of the 55 accidents that occurred at this intersection since 2007, three of them involved pedestrians. A majority of these accidents involved motorists making right-hand turns and colliding with bicyclists and pedestrians because they just failed to see them.

Nationwide statistics reveal that there are nearly 110 million Americans who walk regularly as a mode of transportation. The New England area accounts for more than 10 percent of these pedestrians.

According to the Commonwealth of Massachusetts, the City of Boston is ranked one of the most dangerous areas for pedestrian accidents out of the country’s 52 largest metropolitan areas. In Boston, an average of 485 pedestrians were killed on our city’s roadways from 2000 to 2009, according to Transportation for America.

Our Boston pedestrian accident lawyers are asking residents to be cautious when walking through the city. We understand the convenience that comes with walking in the area, but we ask that everyone be cautious when doing so. Be cautious and alert for passing motorists. Our sidewalks may be flooded with pedestrians, but our roadways are flooded with dangerous drivers. Let’s all work together to travel safely among one another to enjoy a safe 2012.
Continue reading

January 13, 2012

Massachusetts Avenue: A Common Backdrop for Intersection Car Accidents in Boston

by Jeffrey S. Glassman

“This intersection makes me nervous,” Marcia Pearson, a Somerville bicyclist, told a newspaper recently.

What Pearson is talking about the intersection of Vassar Street and Massachusetts Avenue. According to local police officers, it’s an extremely dangerous intersection. Every day, there are thousands of motorists, pedestrians and bicyclists who use the intersection near the Massachusetts Institute of Technology campus. Intersection car accidents in Massachusetts are common at this intersection because of the high volume of traffic that this intersection withstands all day long.

Our Boston car accident lawyers understand that Cambridge officers responded to nearly 60 accidents at this intersection in 2007. Of those, 24 involved vehicles and bikes. Many resulted in injury, and some in death, according to The Boston Globe. For this reason, officers are targeting this intersection as a part of a roadway safety campaign that is being used by officials to improve traffic safety across the city, cracking down on those who violate traffic laws.

According to Jack Albert, Police Deputy Superintendent, accidents are inevitable with so many people using this intersection daily, even though there have already been efforts made to make the intersection safer.

Last year, road enhancements were made on Mass Ave, but officials with MIT urge the state’s transportation department to change the timing to the traffic lights at the intersections to make the intersection safer.

But even with the improvements, there were 16 accidents at the intersection last year. According to the Police Department’s list of the top five most dangerous intersections of 2011 in the city, this intersection ranked second, right behind Massachusetts Avenue and Gardner Street in Harvard Square.

This is the fourth entry of a 6-part blog discussing simple New Year’s resolutions residents can make to increase the safety of all travelers on our roadways. This blog entry will be discussing simple adjustments that travelers can make at intersections to help reduce the number of accidents that we see every year in these areas.

Safe Driving Tips from the Commonwealth of Massachusetts:

-Always obey the speed limit. Remember that posted speed limits are the limits for ideal weather conditions. Slow down in poor weather conditions, like snow, fog and rain.

-Follow the two-second rule. Never tailgate. Allow vehicles around with you ample space. The more space between you and other vehicles the longer reaction time you allow yourself.

-Always use your turn signal to alert drivers, pedestrians and bicyclists about your intended maneuvers.

-Respect the crosswalk. You want to stop behind the line when stopping for a traffic light. Don’t block these walkways.

-Never blog an intersection. Make sure you can make it safely through the entire intersection safely before proceeding through.

-Put down the distractions. Passing through an intersection requires your full attention.
Continue reading

January 11, 2012

Bicycle Accidents in Massachusetts Expected to Rise with Proposed T Fare Hikes

by Jeffrey S. Glassman

Just a week ago, the Massachusetts Bay Transportation Authority (MBTA) announced it is discussing higher fares for travelers. That doesn’t excite Boston residents, and many more are expected to turn to bicycles to get around. Residents are urged to be careful when hitting the roadways, as more bicycle traffic increases risks for bicycling accidents in Massachusetts. By taking the proper safety precautions and using the new stretch of bike lanes within the city, we can all do our part to help keep all travelers safe.
222573_172933492760830_100001325410820_378513_199036_n.jpg
Yes, biking through Boston may be a little easier now, as there’s a new stretch of bike lanes on Massachusetts Avenue, according to the Boston Daily. The new stretch of bike lanes stretches all the way from Westand Avenue to the Charles River. Transportation officials nixed about 70 parking spaces to make room for the new lane.

Our Boston bicycle accident attorneys understand that biking in the city can be dangerous times. Transportation officials recently put in new bicycle lanes in between Melnea Cass and St. Botolph Street. Next, they’ll be looking to connect these lanes to Massachusetts Avenue and then later to Melnea Cass. Last summer, Mayor Tom Menino launched the New Hubway bike share program and declared Boston as a biking city. Hubway offers rented bicycles for residents and visitors throughout the city.

“The car is no longer king in Boston,” Menino told the paper.

This is fifth entry of a 6-part blog regarding New Year’s resolutions that motorists, bicyclists and pedestrians can take to make the roadways of Boston safer for everyone. In this entry, we will be discussing bicyclists and the resolution they can make to achieve this goal. It’s no doubt Boston was built for bikes. It’s important to make sure everyone is riding safely to help to reduce the risks of vehicle-bicycle accidents throughout the state.

To help get riders to bike safely, the Commonwealth of Massachusetts is here to offer some safe bicycling tips.

Bicycle Safety Tips:

-Be cautious of the traffic around you. Roughly 1 percent of the traffic deaths in Massachusetts are bicyclists.

-Bicyclists should always follow the rules of the road.

-Always travel in the travel lane on the right. You never want to bike in between lanes.

-Be sure to stop at all stop signs and red lights. These traffic devices aren’t option for bicyclists.

-Be sure to always use turn signals and hand signals when moving through traffic,

-Ride in the same direction as other traffic. You don’t want to ride against traffic.

-You should equip your bikes with lights when riding at night.

-Avoid dooring – or being hit by a vehicle door – by staying out of the door zone. Steer clear of parked vehicles.

-Bicyclists under the age of 16-years-old are required by state law to wear a helmet. Everyone else is urged to do the same.
Continue reading

January 10, 2012

How to Report a Bicycle Accident in Massachusetts

by Jeffrey S. Glassman

Bicycle accidents in Massachusetts occur all too often. Many bicycle accidents involve a vehicle or another bicycle, or happen because of a poorly paved road or road debris getting in the way. Do you know what to do in the event of a bicycle accident in Boston or elsewhere in the state?

Our Boston bicycle accident lawyers offer a complete checklist for what to do in case you find yourself in a bicycle accident. First and foremost, you want to make sure that you’re safe. If you’ve fallen, you want to make sure that you don’t move until a medically-qualified person checks you to make sure you’re not seriously injured. Beyond what needs to be done to make sure that no bones are broken and that you’re not bleeding, you’re going to want to lay there for a couple of minutes. Try not to panic, but relax to calm down and collect your thoughts.

If you or your bicycle is in harm’s way, you want to make a note of where your bicycle and you were after the accident. If there are motor vehicles involved, make a note of their location before they move clear of traffic. You’ll need this information to give to the Registry of Motor Vehicles and for law enforcement officers when you fill out a report for the accident.

If medical responders are called to the scene, do not refuse assistance unless you are absolutely positive you’re not injured. If you have the smallest of doubts, allow qualified medical assistance to help you.

Immediately following an accident:

–Identify Principals: You’re best bet is to see the driver’s licenses and registrations of people and vehicles involved in the accident. Jot down their names, driver’s license numbers, insurance companies and addresses. Try to get the same information from witnesses, too. Take note of the injuries that were suffered by other people who were involved in the accident.

–What if a driver leaves the scene?: If a driver has been involved in a collision and leaves the accident site before providing identification, he or she has broken the law. Get the license plate number if you can. Give this information to police immediately and then once again when you file an accident report.

–Check out your bicycle: Even if you think you’re ready to get back up and ride, don’t do it if your bike has been damaged. Oftentimes bicycles can be damaged beyond our knowledge and can contribute to a serious accident in the future. If you do decide to call a cab, consider grabbing a receipt for the ride as you can get reimbursed after filing a claim with the insurance company.

How to file a bicycle accident report:

-According to state law, you need to file a report within five days for an accident that injures someone or results in property damage of more than $1,000 You can grab one of these reports from a police station or on the Massachusetts Department of Transportation’s RMV website. When you fill out the report, make four copies and send one to the Massachusetts Registry of Motor Vehicles, one to the police department nearest the accident site, one to the insurance companies and keep one for yourself.
Continue reading

January 9, 2012

Cell Phone Usage While Driving Would Be Banned Under Proposal to Reduce Risks of Accidents in Massachusetts, Nation

by Jeffrey S. Glassman

The National Transportation Safety Board (NTSB) is looking to stop drivers in all states from using a cell phone behind the wheel, except for during emergencies, according to the Boston Globe. In Massachusetts, drivers under the age of 18, bus drivers and city workers are already prohibited from texting and using the Internet while driving. Now the NTSB is looking to ban all cell phone use for all drivers, saying that too many car accidents in Massachusetts and elsewhere are caused by distracted drivers, even if they’re using a hands-free device. The proposal doesn’t add up to some people as it comes on the heels of a newly released study from the journal Epidemiology that concluded that talking on a hands-free device while driving may not be as dangerous as some suggest.

“More than 3,000 people lost their lives last year in distraction-related accidents,” said NTSB chairwoman Deborah Hersman. “It is time for all of us to stand up for safety by turning off electronic devices when driving.”

Our Boston car accident attorneys understand that the effects of distracted driving have been a hot topic of debate in recent years. Richard Young, an author of the Epidemiology study, says he’s sure that texting and making phone calls at the wheel is dangerous, but hands-free phone calls may not be any riskier than having a conversation with a passenger in the car. And we know the government can’t really ban talking to a passenger. The study suggests that the government needs to take a close look at what’s actually dangerous behind the wheel and go after those habits.

Young’s studies of accident data concluded that drivers who use cell phones are four times more likely to get into an accident, but the equation getting to that conclusion was flawed.

Researchers used cell phone records to look into the usage before an accident and then compared it with cell phone use at the same time on the day before the accident to determine whether or not usage was less when they were driving and lowered their risks for a crash. What other researchers failed to acknowledge is these drivers who were behind the wheel during the same time period on the previous day. Using GPS data, Young determine that about 25 percent of the time, they weren’t.

This, according to Young, completely accounted for that extra risk everyone’s always talking about.

More recent studies used cameras installed into vehicles to look at the effects of distracted driving. These cameras helped to accurately record cell phone use. These studies found that there was no increase in risk from drivers who used hands-free phones though, says Young. Young says his discovery could explain the discrepancy.

He admits though, he’s done some brain-imaging studies and agrees that using a hand-held cell phone can be a little bit distracting and slows a driver’s reactions slightly, but he says that people don’t change lanes as much and they place more focus on the road when they’re talking to accommodate for the extra task.
Continue reading

January 8, 2012

Off-Duty Officer Shoots Woman in Hunting Accident in Massachusetts

by Jeffrey S. Glassman

A woman was accidentally shot by an off-duty Massachusetts State Police trooper in a recent hunting accident in Norton, according to Mail Online. The husband of the woman who was shot is now asking deer hunters to pay more attention and know their targets before heading out with deadly weapons into the wilderness.

Our Massachusetts premise liability attorneys understand that hunting is intense, and ask hunters to be safe and cautious out there. The 66-year-old woman was shot in the hip while walking her two dogs. The husband of the victim is not only calling for hunters to be safer in the woods, but he’s also calling for a further probe into the investigation of the incident that left his wife as a hunting target.

“My mother was shot. This is not OK,” says the daughter of the victim.

After the accident on New Year’s Eve, the woman was sent to the trauma intensive care unit of Rhode Island Hospital and was last reported to have been recovering from a fractured pelvis.

The hunter says that he accidentally shot the victim after he mistook her two dogs for deer. The accident happened during the evening hours as he was using a black powder rifle to take down deer. After the shot was fired and the target was struck, the off-duty officer ran to her side and started to administer first-aid tactics to help keep her alive as he called 9-1-1.

According to authorities, the off-duty officer is properly licensed and is not currently facing any criminal charges.

Hunting Safety Tips:

-Always treat a firearm as if it’s loaded. Make it a habit!

-Always point the muzzle in a safe direction. About 70 percent of all hunting accidents are self-inflicted injuries. This means that at the time of the accident, the muzzle was pointed at a person. You always want to point it in a direction so that if it fired off, no one would be injured.

-Know your target. You always want to know exactly what you’re shooting at and what’s beyond it. Always positively identify what you’re shooting at before pulling the trigger. Shooting at something you’re unsure of is a gamble. In this Massachusetts hunting accident, the gamble was with a human life. We don’t always hit our target. For this reason, make sure that what is behind and around your target is safe. Never shoot into an area that could harm another person.

-Fingers outside the trigger. Keep your finger outside of the guard until you’re ready to fire. Many accidental shootings happen because trigger guards were not properly used. Always protect yourself and the ones around you. Be responsible.

For more information about deer hunting in Massachusetts, visit the Massachusetts Department of Fish and Game.
Continue reading

January 6, 2012

Risk of Car Accidents in Boston and Elsewhere Increases When Drivers Use Electronic Communications Devices

by Jeffrey S. Glassman

As we recently reported on our Boston Personal Injury Attorney Blog, the National Transportation Safety Board (NTSB) is proposing that all states prohibit drivers from using a cell phone of any kind while driving. This ban would cover hands-free devices, hand-held devices, text messaging devices, PDAs, laptops and every other type of portable electronic device unless it’s used to aid safe driving or is being used in the event of an emergency.

Officials aren’t sure that such an elaborate ban is going to go over too well, according to CNN. Laws used to regulate distractions for drivers have been hitting the books since back in 2000. Since then, there have been no laws enacted to stop drivers from using hands-free devices, which the National Safety Council (NSC) says are just as dangerous.

Barbara Harsha with the Governors Highway Safety Association states that opponents to these types of laws see them as government intrusions and a stab against residents’ personal freedom. Our Massachusetts car accident attorneys understand that only school bus drivers and drivers under the age of 18 in our state are prohibited from using a hand-held cell phone at the wheel. All drivers are prohibited from text messaging which driving. Still, hands-free device usage is permitted, which the NSC says is equally as dangerous.

“It’s just one of those things that would be the equivalent of the 18th Amendment today. It’s a Prohibition that would not work,” said David Adkins with The Council of State Governments.

Regardless of what is considered as government intrusion or a violation of privacy, safety should be everyone’s number one priority. That’s why the NSC recently released a study to help illustrate just how dangerous even hands-free devices can be to drivers.

Currently, there are nearly 300 million wireless subscribers in the Unites States. Many of these subscribers admit to using these devices at the wheel. According to the National Highway Traffic Safety Administration (NHTSA), approximately 11 percent of drivers are using a cell phone at the wheel at any given moment. For this reason, about one out of every four car accidents is believed to have been caused by a distracted driver.

In 2010, roughly 3,100 people died and another 2.2 million were injured in car accidents that reported the involvement of a distracted driver. These accidents are completely preventable.

The NSC is hoping that its recent release will reach lawmakers in states across the country and will get them to understand the real dangers of distractions at the wheel, including hands-free devices. Until there is a uniform law enacted to get all drivers to put down the distraction, motorists are asked to voluntarily comply with the recommendation from the NTSB. Responsible driving habits may be our best chance at safer roadways.
Continue reading