A recent New England trucking accident took involved parties to the Oxford County Superior Court after faulty brakes were blamed as the cause of the accident. A Maine State Police Trooper recently testified in court saying that the truck’s brakes made the 2009 accident in West Paris much worse than it had to be, according to the Sun Journal.
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In the wreck, a 60-year-old man was killed on Route 26 during that three-vehicle accident. The man’s family is suing a Sommerville woman who fell asleep at the wheel causing a large commercial vehicle to swerve and drive directly into the man’s car. The woman reportedly woke up just before crashing head on with a trailer-truck. When she served back into her lane, she hit the truck and broke a spring that was used to steer that truck. The woman was injured. The tractor-trailer swerved out of the way and into the Sommerville man’s vehicle after it failed to brake.

Our Massachusetts tractor-trailer accident attorneys understand that jurors recently heard expert analysis of the accident from Steven Thomas, an engineer who is oftentimes used in these types of trials to provide expert testimony. The man said that after looking at the fatal accident he concluded that it could have only resulted as a fender-bender if the truck’s 12 brakes had been in good working condition. He added that if the tractor-trailer could have stopped just 5 feet shorter that the impact to the Sommerville man’s vehicle could have been minimal.

The expert was also asked to look at the analysis of the accident that was provided by Midwest Price Co., the trucking company. The company argued that the truck was not traveling fast at all and the accident was a result of the road’s soft shoulder.

Thomas said the shoulder of the road would have caused the truck to flip to the left and not to the right like it did.

A Main State Trooper, Daniel Hanson, said that the truck didn’t have enough power in its brakes and that’s what contributed to the severity of the accident.

“Lack of proper braking aided in the trailer overturning,” said Hanson.

The trial will continue at a later date.

This accident is a perfect example as to why properly maintaining large commercial vehicles is so important. Traffic-related accidents with these big rigs can oftentimes turn deadly.

If you have been involved in an accident with one of these large vehicles and you believe that faulty equipment is to blame, it is vital for you to contact an experienced attorney. Companies are required to keep timely maintenance records for every vehicle and an attorney can help to retrieve this information.

Failing to keep trucks up to par on safety requirements and other safety standards can result in a serious accident and a costly litigation.
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A recent Massachusetts shopping injury is turning to a lawsuit for proper compensation. The accident happened back in 2006 when a Massachusetts woman was severely injured while picking out Christmas gifts for underprivileged kids at a Husdon Walmart.
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The woman was lending her heart out for Christmas in December of 2006 and was giving her time and donations to the needy kids in her neighborhood. She saw an item that was on her Christmas list on the top shelf of one of the shore’s aisles. She climbed nearly 2 feet and was still unable to grab the item. When she tried to jump back down to the ground, a ring of hers got caught on a metal latch of the shelf. As she fell to the ground, she “stripped the skin and muscle,” according to Nausha Telegraph. Her ring-finger bone was entirely exposed.

Our Boston premise liability attorneys refer to this injury as “degloving.” This is when a hand-related injury peels the skin from the bone. Since the injury, the woman has been through six different surgeries. In the end, the best the doctors could do was move the pinky finger to the ring-finger spot and remove the ring finger. Only her index finger and her thumb have any feeling on that hand.

The woman is suing the company because she believes that the Walmart failed to keep the store properly and safely maintained. She’s seeking an unannounced amount of compensation for the loss of her ability to work and for the loss of enjoyment of life.

The company rebuts the woman’s claims saying that the injury was a direct result of her on actions. Walmart says that there was a sign in the store that read, “Do not climb on the steel bins/racks.”

When placing items in a store, employers and supervisors are required to stock products in a fashion that is safe for both workers and for costumers. Irresponsible shelving habits can increase the risks of a serious injury and can result in a costly suit.

Safety tips for shelving and racking:

-Be sure that all shelves and racks are installed in accordance to the manufacturer’s instructions. Never attempt to alter a shelf’s design.

-Make sure to display the limits for shelf’s size and weight limits so they’re not over packed. Overstocking a shelf greatly increases the likelihood of a malfunction or an accident resulting in injury.

-Make sure that all items on your shelves are properly and safely stocked.

-Always make sure that the weight on the shelves is evenly distributed.

As the holiday season approaches, residents will be hitting the stores hard in search of great sales. Shoppers are urged to keep an eye out for dangers in shopping centers, stores, in parking lots and on elevators. If you see a hazard in one of these areas during a shopping trip, you’re urged to contact the appropriate management team.

These companies have an obligation to keep customers safe. These safety efforts need to be increased during the holiday shopping season when stores are packed with bargain-hunting shoppers.
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A recent hayride at Applecrest Farm in Hampton Falls, N.H., left a 51-year-old woman injured after she jumped in front of a carriage that was being towed by a runaway horse, according to Seacoast Online. The woman was taken to the Beth Israel Deaconess Medical Center in Boston and was listed in critical condition. She and her husband own the horses that are used for the hayrides at the farm.
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Attractions have an obligation to the public to provide safe entertainment and safe equipment. With the fall season kicking off, many residents and visitors will be participating in hayrides, haunted houses and other seasonal events. Attraction owners and operators are urged to keep safety as a top priority to prevent injury in Massachusetts. Remember to clear fire exits, remove hazards that could lead to injury and to always have a safe backup plan.

Our Boston personal injury attorneys understand that hayrides are a popular attraction during this time of year. Unfortunately, without the proper safety precautions, these relaxing rides can turn into a nightmare. According to officers, two carriages were heading in opposite directions when a part of one of the carriages malfunctioned, startling both horses. The operator of the runaway carriage was unable to regain control of the horse.

Witnesses report that the horses got spooked when an axle on the wheel came off just about one minute into the ride, and chaos ensued. The runaway horse and carriage were heading directly at the other carriage, which then frightened a third horse. Luckily, none of the carriages tipped over, but the driver of one of the carriages was launched from the buggy and dragged underneath.

The horse finally stopped when the carriage got caught between a rock and a tree. The driver was taken to Exeter Hospital.

Riders of the stopped carriage rushed to help the other set of runaway horses. This is when the 51-year-old woman was trampled on by a runaway horse and then by the carriage. Luckily, no passengers fell off that carriage. The woman doesn’t blame the horses for the accident, instead citing the farm-owners’ faulty wagon.

Lt. Gary Wood from the State Police Department reported that the Occupational Safety and Health Administration (OSHA) and the Rockingham County attorney’s office are investigating the accident. OHSHA has been called in to investigate because the accident happened at a business.

This is similar to a recent accident that happened at an air show in Reno, Nev. Visitors showed up to enjoy a spectacular event, but when a P-51 “Galloping Ghost” Mustang apparently malfunctioned, it took a nosedive into the box seats of the VIP section. This is yet another example of faulty equipment causing visitor injury.

Companies have a responsibility to keep all visitors and employees safe by following a prescribed set of federal guidelines.
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A recent skylight accident in Massachusetts took the life of a woman after she fell nearly five stories through a ceiling window, according to The Boston Globe. After an investigation at the scene, officials have concluded that there was no foul play involved, although they were unable to determine why she was on the roof to begin with. They have also concluded that no drugs or alcohol were involved.

“There is no indication of foul play … [and] no indication it was a result of drugs or alcohol,” said Boston Police Department spokesman Officer Eddy Chrispin, according to the Globe story.
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Our Boston premise liability attorneys understand that building, company, complex and apartment owners are required to keep locations reasonably safe. These individuals are required by federal law to ensure that hazards are removed, safety equipment is provided and that visitors are kept within safe areas. It’s best for building owners and managers to keep visitors off roofs and to keep all fire exits cleared.

Emergency responders arrived at the scene of the accident shortly before 9 p.m. after receiving a call from one of the woman’s friends. The friend alerted responders that the woman had fallen through a skylight that was on the seventh story of the building and had landed on the third floor of a dark, walled-off shaft inside a building on Summer Street.

Responders had to cut through a number of walls before they were able to locate the woman. The search took about an hour, according to Boston Fire Department spokesman Steve MacDonald. The search took longer than anticipated because officials were directed to the wrong building by the 911 caller. She was pronounced dead at the scene.

The owners of the building in the 200 block of Summer Street, New Jersey-based Normandy Real Estate Partners, released a statement saying they were willingly cooperating with the officers’ investigation into the accident, but were unable to comment because the investigation is ongoing.

In many cases, when someone is hurt on a property the landowners and owning companies can be held liable for damages caused by the accident if they’ve neglected to safely secure the premise. These accidents can happen in a number of ways, including slip and fall, inadequate maintenance, inadequate security, defective conditions, etc. Premise liability claims can also be filed if an accident occurs while using certain equipment on a property. In this case, a third party can also be reliable for the damages.

Regardless, this can be a long and complicated process and is why it is crucial for you to contact an experienced attorney if you feel you have a premise liability claim. A lawyer can help you through every detail of the accident to determine who is responsible for providing you with the compensation you may be entitled to.
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We recently discussed the new release of the top 200 dangerous areas for pedestrian and bicycling accidents in Massachusetts on our Boston Personal Injury Accident Lawyer Blog. Now we will be talking about the most dangerous intersections for car accidents. Many of these types of accidents are caused by driver inattention as these motorists fail to look for oncoming cars and pedestrians, as well as failing to acknowledge red lights.
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Our Boston car accident attorneys understand that intersection accidents are common in Massachusetts. Take the two recent intersection accidents that happened in West Roxbury at the intersection of VFW Parkway and West Roxbury Parkway. These accidents occurred just one minute apart from one another, according to the West Roxbury Patch. The first accident was a rollover accident and the second involved a two-car collision.

Red-light running is a serious problem at our Massachusetts intersections and elsewhere in the U.S. According to the Federal Highway Administration, there were nearly 2.5 million accidents at U.S. intersections in 2008. These accidents killed nearly 8,000 people and injured nearly 750,000 people.

Dangerous Intersections in Cambridge from 2002 to 2009:

-Massachusetts Avenue and Prospect Street: 85 accidents.

-Memorial Drive and River Street: 62 accidents.

Dangerous Intersections in Framingham 2002 to 2009:

-Hollis Street and Waverly Street: 105 accidents.

Dangerous Intersections in Swansea 2002 to 2009:

-Grand Army of the Republic Highway and Swansea Mall Drive: 110 accidents.

-Market Street and Grand Army of the Republic Highway: 99 accidents.

Dangerous Intersections in Raynham 2002 to 2009:

-Route 44 and Orchard Street: 91 accidents.

-Broadway and Carver Street: 42 accidents.

According to the National Highway Traffic Safety Administration, there were nearly 350 deaths resulting from traffic accidents in the state of Massachusetts in 2009. Nearly 100 off these fatalities resulted from car accidents that took place at an intersection.

Most Dangerous Counties in Massachusetts in 2009 (calculated by traffic fatalities):

-Middlesex County: 66 fatalities.

-Worcester County: 42 fatalities.

-Bristol County: 37 fatalities.

-Essex County: 29 fatalities.

-Norfolk County: 36 fatalities
Massachusetts requires that drivers abide by established laws to help reduce the risks of a potentially fatal intersection-related car accident:

-Obey traffic lights at all times. These signals are used to safely control the flow of motor-vehicle and pedestrian traffic.

-Never travel faster than the speed limit. These limits are in place to help reduce risks of a traffic accident. These limits have been researched and are used to help traffic to flow safely and efficiently.

-Understand and abide by all traffic signs.
-Red means stop or prohibition.
-Green means go, or shows where you may go.
-Yellow means you should slow down and serves as a general warning.
-Black or white signifies a regulation.
-Blue refers to a motorist service, such as hotels, food or gas stations.
-Brown directs a motorist to a scenic, historic of recreational area.
-Orange means there’s maintenance or construction nearby.
-Fluorescent yellow or green signifies a bicycle, a pedestrian or a school zone.

-Follow roadway markings.
-Broken white lines separate lanes of traffic moving in the same direction.
-Solid white lines can mark the edge of the pavement.
-Solid white lines can also separate two lanes of traffic traveling in different directions.
-Double solid white lines separate two lanes traveling in opposite directions.

You’re urged to always follow all road signals, markings and signs to help prevent an accident. Make your driving predictable so that other motorists aren’t surprised by your maneuvers.
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On our Boston Personal Injury Attorney Blog, we recently told you about the top 200 most dangerous areas in the state for pedestrians. Throughout this blog entry we will be discussing the most dangerous areas for bicycling accidents in Massachusetts. According to the Massachusetts Department of Transportation (MassDOT), areas near Hampshire Street, Beacon Street, Kirkland Street and Cambridge Street made up the most dangerous cluster for bicyclists in the state.
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Our Cambridge pedestrian accident attorneys understand that this area has seen more than 100 bicycling accidents from 2002 to 2009, resulting in injuries to more than 70 bicyclists. The second most dangerous cluster for these types of accidents was the area of Cambridge Street between Lansdowne Street and Hancock Street. In this area, nearly 80 bicycling accidents injured nearly 50 bicyclists during the same time period.

Officials are most worried about child bicyclists since the school year has recently begun. Officers ask that parents talk with their bicycling students to help ensure they are commuting safely to and from school. We urge you to teach them of the importance of making eye contact with drivers as they’re approaching and crossing intersections. They should also understand the need to continually examine their surroundings as they’re crossing the street. Children need to be as predictable and as visible as possible. Make motorists aware of their presence.

“Make sure your child is age-appropriate to walk to school by themself,” said Cambridge Deputy Police Superintendent Jack Albert, according to a recent ABC5 report.

It is important for parents to help their child to figure out the safest route to school. Parents are urged to locate the intersections that have crossing guards to help ensure your little bicyclist’s safety. Young travelers are always safest using the instruction of a crossing guard.

The state compiled a list of the most dangerous intersections in terms of frequency of accidents and the number of people injured and killed in accidents. Many of these intersection “clusters” have been the site of a number of accidents.

The third most dangerous bicycle cluster from 2002 to 2009:

-Massachusetts Avenue, between Hudson Street and Milton Street.

-More than 60 bicycling accidents.

-Nearly 50 injured bicyclists.

The fourth most dangerous bicycle cluster from 2002 to 2009:

-Massachusetts Avenue, between Vassar Street and Blanche Street
-Nearly 50 bicycling accidents.

-Nearly 30 bicycling injuries.

The fifth most dangerous bicycle cluster from 2002 to 2009:

-Massachusetts Avenue, between Bow Street and Sellers Street.

-30 bicycling accidents.

-20 bicycling injuries.

Many of these accidents can be avoided if everyone does their part to take notice of one another. Bicyclists are required to follow the rules of the road as well and should be treated as equal travelers. As we continue to promote the eco-friendly, active way to commute through the area, we also have to promote safe driving habits and ask motorists to keep an eye out for our two-wheeled travelers.
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A fatal accident between the Amtrak Downeaster and a tractor-trailer is being blamed on a distracted truck driver. Officials believe that the driver was operating a mobile communication device when the collision happened just south of Portland as he was heading to Boston, according to Bangor Daily News. In the fiery collision, the truck driver was killed and several others were injured.
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Our Boston personal injury attorneys understand just how dangerous using a cell phone or a text messaging device while driving can be. Unfortunately, there are many motorists who are unaware of these dangers, or fail to recognize them, and continue to put innocent residents in serious danger. To help combat this problem, the state of Massachusetts has enacted a law prohibiting drivers from texting at the wheel. As for talking on a cell phone, only drivers under the age of 18 and bus drivers have been banned, according to the Insurance Institute for Highway Safety.

According to distraction.gov, there were about 5,500 people killed in 2009 in the United States because of car accidents in Massachusetts and elsewhere that involved a distracted driver. Another 500,000 people were injured. These accidents accounted for about 20 percent of all of the accidents that were reported to have resulted in injury. Of distracted driving-related accidents, nearly 1,000 reports concluded that the use of a cell phone was the driver’s distraction. These types of accidents are becoming more and more frequent as technology continues to advance.

Officials looked into the truck driver’s GPS records, phone records and the records of other electronic equipment after the fatal Maine accident. They believe that a distraction was the most plausible reason as to why the truck, which was carrying about 20 tons of trash, was unable to stop for the passing train in time.

“The cause of this crash is driver inattention/distraction,” said North Berwick Police Lt. James Moulton, according to a press release.

According to accident reports, the garbage truck skidded for about 200 feet before colliding with the passing train, which burst into flames. Four train passengers and two Amtrak employees were injured. Police reports also indicate that the crossing’s gates and lights were working properly when the accident occurred.

The Downeaster was traveling with more than 100 passengers at about 70 mph when the accident happened.

Distracted driving habits are typically caused by three characteristics: visual, cognitive and manual. All three are required to safely navigate your way through congested city streets. Cell phone, text messaging devices and other hand-held devices all take a driver’s attention on our roadway. All of these activities greatly increase your risks of being involved in a motor vehicle accident. These risks can also be greatly reduced by simply putting down the phone. Help to make our roads a safer place.
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Getting to and from your destination in Massachusetts often only warrants a short bike ride or a quick walk down the street. But some residents are thinking twice before making these journeys by bicycle or on foot after the release of a new study that found the top 200 most dangerous intersections for car, bicycle and pedestrian accidents in Massachusetts.
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Some of the most vulnerable people in these pedestrian accidents are children heading to and from school. In an attempt to help keep these children safe, the report comes with a list of the areas that have the most dangerous crosswalks, according to ABC5.

Our Boston child injury attorneys recommend that parents review these maps and choose a walking route to school that has crossing guards at the dangerous intersections that your child may have to cross. We also want you to make sure that your child is of the proper age to walk to school. Cambridge Deputy Police Superintendent Jack Albert says that you should never let your child walk to or from school without you if there is the slightest possibility that he or she could get lost or unable to gauge traffic dangers. Make sure your child never makes the journey alone. If they’re under the age of 10, walk to school with them.

Albert says that a bulk of the responsibility lies in the hands of drivers.

“Slow down. Make sure your head is on a swivel. You’re always looking. You always want to see where the kids are,” Albert told ABC5.

These dangerous areas are calculated from a variety of factors, including the number of accidents and the number of people who were injured and killed.

Most Dangerous Boston Intersections from 2007 to 2009:

-Gallivan Boulevard and Granite Avenue: 43 accidents.

-Columbia Road and Dorchester Avenue: 43 accidents.

-Blue Hill Avenue and Morton Street: 36 accidents.

Most Dangerous Lowell Intersections from 2007 to 2009:

-Veterans of Foreign Wars Highway and Varnum Avenue: 137 accidents.

-Plain Street and Chelmsford Street: 125 accidents.

-Middlesex Street and Wood Street: 121 accidents.

-Bridge Street and Veterans of Foreign Wars Highway: 93 accidents.

Most Dangerous Brockton Intersections from 2007 to 2009:

-Pleasant Street and West Street: 90 accidents.

-Belmont Street: 58 accidents.

-East Main Street and Curtis Avenue: 101 accidents.

-Ash Street and West Elm Street: 59 accidents.

Massachusetts Avenue, specifically between Sydney Street and Pleasant Avenue in Cambridge, experienced nearly 95 pedestrian accidents in a two-year period. Two pedestrians were killed and nearly 45 were injured.

Chelsea reportedly had the most dangerous crosswalks in the state. Washington and Park Streets are commonly referred to as a “pedestrian crash cluster.” This area got this name because of all of the accidents there — nearly 130 reported in the two-year time frame. There were 95 people hurt and one pedestrian killed.
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A recent Somerville trucking accident on Interstate 93 near Exit 29 took the life of a 27-year-old man from Lynn. According to state police, the accident happened as a flatbed truck was traveling southbound when one of the heavy-duty tires snapped the lone strap that was holding it to the bed of the truck.

Once the tire was launched into the highway, it bounced across the median into northbound traffic and smashed into the vehicle driven by the 27-year-old man, according to The Boston Globe. The incident caused the man’s car to roll on its side. The driver was transported to Massachusetts General Hospital where he was later pronounced dead from injuries sustained during impact.
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Our Massachusetts injury attorneys understand that truck cargo can kill when improperly secured. The tires that were being transported on the flatbed weighed approximately 400 pounds each. This is yet another example of the importance of ensuring a truck’s load is secured properly.

Highway officials shut down the interstate for about an hour and a half to conduct an investigation. Criminal charges are pending.

Unstable loads can happen to you, too. Inexperienced individuals can often over-pack and neglect to secure cargo when moving furniture, appliances and other household items. But most often, you’ll witness an unstable load on the bed of a commercial truck. These conditions can produce serious, costly and potentially fatal results.

Commercial truck drivers are required by law to make sure that the goods they’re transporting are properly restrained. There are a number of federal regulations in place to monitor the cargo of these truckers, including the requirement that limits the truck’s cargo weight. This is why you’re likely to see weigh stations along interstate roads, a clear effort to help enforce these limits.

These drivers are also required to ensure that their loads are secure. A truck’s contents must be restrained so that cargo does not slide around or fall off the truck. The proper restraint of these items helps to prevent rollover accidents and can prevent accidents. Neglecting to ensure that materials are secure can result in liability for damages to the trucker or trucking company.

According to the most recent statistics from the National Highway Traffic Safety Administration (NHTSA), there were nearly 3,400 deaths that were the result of traffic accidents that involved a large truck in the U.S. in 2009. Nearly 75,000 people were injured in these accidents. It was estimated that there were nearly 300,000 large trucks, with the gross weight of 10,000 pounds or more, on our roadways that year.

It is important to remember that if you experience an accident because of an unstable truckload, there are a number of parties that may share liability. All involved parties are responsible for following federal regulations to help reduce the risks of these types of accidents. If they fail to do so, they can be held liable for providing you with the proper compensation.
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Officials are looking for a way to make Interstate 93 a little bit safer. The Massachusetts Department of Transportation (MassDOT) recently made a proposal to keep hazardous materials off of Boston’s waterfront and North End routes to I-93, according to The Boston Globe. Commercial vehicles with dangerous cargo can easily cause fatal accidents if not properly regulated, like in the Somerville car accident we recently told you about on our Boston Personal Injury Attorney Blog.
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Our Boston injury attorneys understand that this proposal makes sense as it could potentially help to prevent fatal accidents on the interstate, but does it make sense to reroute these hazardous trucks through our neighborhoods? Everyone knows that both Routes 93 and 128 frequently experience heavy congestion. With more and more trucks on our roadways, the dangers are increasing. It’s not uncommon for motorists to hop off the interstate to continue their journey through nearby neighborhoods, but what happens when trucks are taking these alternative routes?

State Senator Katherine Clark is working to find a solution for this matter. She’s working with the Massachusetts Department of Transportation to help relieve the stress of overcrowded highways while maintaining neighborhood roadways. She’s looking to help reroute traffic through areas that are able to handle the traffic and the potential dangers that may come along with it.

Transportation department officials already have taken notice to the congestion problems at the Routes 128 and 93 interchanges. As a matter of fact, through recent investigation, that area was named as the most dangerous area for trucking accidents in Massachusetts, as hundreds of trucks navigate through these roadways carrying dangerous materials.

The Battelle Memorial Institute recently conducted a study and concluded that Cambridge and Boston are the only two cities in the area that have dedicated Hazardous Materials Teams. Many communities are dependent on the Massachusetts Department of Fire Services Regional Hazardous Materials Teams. The problem with this is that while the Boston team is able to respond to a call with 15 minutes on average, a regional team takes much longer. Smaller, residential fire units are not properly staffed to guarantee an efficient response time to a roadway disaster. Boston and Cambridge on the other hand have sufficient staff. That’s why traffic has been proposed to be rerouted through areas that are better equipped to take on the heavy traffic and to handle the potential dangers from certain trucks.

The state senator has been working alongside legislators in a number of communities in an attempt to sway transportation department officials to adopt a new route that can help relieve overburdened highways and maintain all safety standards.

Our Boston roadways can be extremely dangerous at times. Officials have enacted a number of road laws to help reduce the risks we often face while traveling along our congested interstates and highways. While some conditions may seem completely unavoidable, officials will continue to search for ways to eliminate these dangers, even if it means completely rerouting traffic.
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