Boston Personal Injury Attorney Blog

December 29, 2010

Boston car accident lawyers urge you to resolve to put cell phones down and drive in 2011

Distracted driving accidents are happening more frequently than ever before, likely due to the fact that cell phone use, whether it be talking or texting in vehicles, is a common occurrence. Such distractions can take your mind and your eyes away from the road where they belong. Boston car accidents continue to occur every day because of distracted driving.

Certainly, resolving to put your cell phone down and drive would be a great way to start 2011. Our Boston car accident attorneys encourage you to do so and to talk to your friends and family members in an effort to keep them safe.

In the news recently was the arrest of a woman who was reportedly texting when she kiled an 80-year-old pedestrian crossing the street. The Hartford Courant reported that the driver will be charged with gross vehicular manslaughter.

Texting is the most dangerous form of driving distracted according to Distraction.gov because it involves three key components of taking eyes off the road, hands off the steering wheel, and the mind off of driving. In 2008, almost 6,000 people died because of distracted driving accidents. Distractions were the cause of 20% of all crashes in 2008, while the younger generation with less driving experience was the most at-risk age group. In fact, drivers who use hand held devices are four times as likely to get in a car crash and be seriously injured as someone not driving with a distraction of some sort in their hands.

Massachusetts now has a ban on cell phone use for bus drivers and drivers under the age of 18 with a learner’s permit, as well as a ban on texting for all drivers. Law enforcement officials no longer need a secondary reason to pull you over. As of September, texting is considered a primary offense and reason enough for officers to hand out a ticket to drivers in violation.
Continue reading

December 27, 2010

Defective vehicles can increase risk of Boston car accidents

by Jeffrey S. Glassman

Purchasing a car is likely a big decision presuming the number of hours you spend in your vehicle per week. Like your home, you are looking for comfort as well as safe being during the hours that you spend in your vehicle.

The last thing we want is to purchase a vehicle to be followed by a recall notice a few months later that there is a defect in the car. Our Boston personal injury attorneys want to remind you to do your research prior to buying a vehicle so that you can make a well-informed decision.

It was recently announced that Toyota, one of the leading car producers, will pay penalties based on two different investigations for failure to report recalls on vehicle defects in a timely manner. The National Highway Traffic Safety Administration put Toyota Motor Corporation under investigation for the recall of two items. Ray LaHood, Secretary for US Transportation, stated “Safety is our top priority and we take our responsibility to protect consumers seriously.”

In 2007, Toyota recalled 55,000 vehicles due to a defect in the floor mats entrapping the accelerator pedal. Almost two years later there was a fatal crash in California involving a Lexus in which the floor mat, which was intended for another model, entrapped the gas pedal and lead to the crash. As a result, the NHTSA found that Toyota did not communicate the initial defect within the five business days that is required by law. To date, there have been almost 5 million vehicles recalled. Toyota will pay the maximum penalty of $16.375 million dollars to the Treasury Department’s general fund.

The second investigation resulting in a $16.05 million fine was with regard to failing to report defects in several Toyota models with steering rod malfunctions that caused a possible loss of steering control while driving. In 2004, Toyota recalled some truck models in Japan with this problem but reported no knowledge of this defect in any other models. Later, in 2005, Toyota admitted to the defect in several U.S. models and recalled over one million vehicles as a result. Consumer complaints of the defects led to the investigation by NHTSA where they found that Toyota did not comply with standards when it comes to recalling model defects in their vehicles.
Continue reading

December 27, 2010

Don’t drive and text this holiday season

by Jeffrey S. Glassman

Texting on your cell phone while driving is a common danger we face today and can heighten the risk involved with Boston truck or car accident on a daily basis.

The National Highway Traffic Safety Administration reports that for 2009 almost 5,500 people were killed because they were involved in a distracted driving crash. It is reported that 18% of the fatalities involved a cell phone.

Texting While Driving sites several studies illustrating how dangerous texting and driving can be. One study was simply to stop your vehicle while traveling at 35 mph. When the driver was intoxicated it took them 4 feet longer to stop than the sober driver. The texting driver needed 25 feet to stop the vehicle. Some studies indicate that texting drivers travel out of their lane 10% of the time. Others say while texting your eyes are off the road for as much as 5 seconds at a time. Statistics show that drivers who text increase the chances of getting into an accident to twice that of an intoxicated driver. An intoxicated driver has a 4 times greater chance of crashing than a sober driver.

The Insurance Institute for Highway Safety reports that 30 states have banned text messaging for all drivers. In 8 states additional bans have been place on texting regarding novice or bus drivers. Massachusetts doesn’t have a handheld ban for all drivers but does ban cell use for drivers under 18 and bus drivers. The state also enforces the no texting law as a primary violation, something that just went into effect this fall.

Last month Automotive Industry Today reported the rule announcement from The Federal Motor Carrier Safety Administration (FMCSA) banning bus and truck drivers from texting. Commercial motor vehicle drivers that operate within interstate commerce are affected by the rule. A hefty fine of $2,750 can be placed on the driver and a bigger fine of $11,000 placed on the carrier. Research done by FMCSA concluded that commercial motor vehicle drivers have a 23% chance of crashing or being in a near crash if texting. A loophole was also closed that involved intrastate hazardous waste haulers who don’t have to follow The Federal Motor Carrier Safety Administration (FMCSA) rules where an additional 12,000 drivers and 1,490 carriers will also be banned from texting.

As a rule, when you are driving in your vehicle you should power off your cell phone and refrain from using it by placing it in the glove compartment or console so there is no temptation to answer when the ring tone comes in.
Continue reading

December 22, 2010

Holidays a risk time for Boston pedestrian accidents

by Jeffrey S. Glassman

Pedestrians doing their holiday shopping on the city streets of Boston should use extra caution this holiday season. Boston pedestrian accidents are a concern every day, but especially this time of year when the numbers of cars and people increases with holiday shopping.

Boston Public Health Commission reports that on any given day, there are over 2 million residents, workers and visitor pedestrians in Boston. This equates to a tremendous amount of foot traffic.

The BPHC discovered a few interesting facts:

-Pedestrians jaywalk 1/3 of the time.

-88% of the time pedestrians don’t wait for the ‘walk’ signal.

-Only 5% of drivers don’t yield to pedestrians when they have the right of way.

-When pedestrians cross against a light only 50% of the time drivers will yield to them. Few drivers slow down for jaywalkers.

The 2009 National Highway Traffic Safety Administration report confirms that Massachusetts pedestrian fatalities were significantly lower in 2009 at 48 than the previous 4 years where the recorded fatalities ranged between 61-76.

What may have caused this decrease? In 2008, Pedestrian fatalities matched a 5 year high of 76. As a result, Massachusetts police needed to beef up patrols to enforce pedestrian (and bicycle) traffic laws. They needed money in order to do this so a grant was applied for and awarded. Almost $100,000 in grants were given to police departments throughout Massachusetts.

This money allows for overtime to be paid to extra officers to enforce pedestrian (and bicycle) safety. This money is adding more police presence to the streets to issue tickets to violators and to educate the public. The effort has worked, only two counties had an increase in pedestrian fatalities in 2009.

Some helpful tips to be safer when walking busy city streets:

-Check in all directions multiple times before crossing, and keep checking until you are safely across.

-Pay attention, don’t be on a cell phone and take the earphones off.

-Always obey the traffic signs and signals.

-When waiting to cross don’t stand behind parked cars or other stationary objects.

-Make eye contact with the driver; never assume a vehicle will stop.

-When possible use crosswalks and intersections to cross the street.
Continue reading

December 20, 2010

Black ice a contributing cause to Boston car accidents

by Jeffrey S. Glassman

Winter can be one of the most challenging times of the year for Boston drivers to be on the road. As the cold weather approaches so does the dangers of winter driving. Black ice is a common danger of winter driving but its difficulty to detect increases the risk for a Boston car crash as the temperatures begin to drop during the winter months.

Driving on black ice is dangerous because it’s so difficult to see. It is a thin coating of ice on a road surface. Black ice is transparent so the surface below the ice shows through. If you notice the road surface you are driving on looks dull or is darker than the rest of the road use extra caution. These are two warning signs that can indicate you are on a black ice area. Those involved in a winter-driving accident in Massachusetts can contact a Boston injury attorney to discuss their rights.

Drivers should use extra caution when the temperature drops below 40 degrees. Water takes longer to freeze than the actual surface. Road areas where underpasses or bridges exist don’t get much sun during the day so the surface tends to freeze first. If you feel like you are driving where black ice is a possibility then slow down. Don’t tailgate the vehicle in front of you in order to give yourself ample time to stop. Make sure your windshield is clean by defrosting it thoroughly before putting your vehicle in motion. Good tire traction is the best defense when driving on ice. Although four-wheel drive vehicles are known for being a little better in snow these vehicles do not keep you from sliding on ice. Remember, it is your responsibility as a driver to drive at a speed safest to you and other drivers under the current weather conditions.

How to stay in control if you encounter black ice :

-Don’t brake fast if you need to slow down. Remove your foot slowly from the accelerator instead.

-Steer in the direction you want to go if your vehicle is sliding.

-No swift or jerky movements when steering.

-Never pump anti-lock brakes, keep your foot on the pedal. The anti-lock system will keep the brakes from locking up and slow you down.
Continue reading

December 19, 2010

Speeding a leading cause of Boston car accidents this holiday season

by Jeffrey S. Glassman

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.

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.

-Don’t swiftly change lanes or cutting off other drivers to get out of the way Continue reading

December 14, 2010

Boston elevator and escalator accidents a holiday danger

by Jeffrey S. Glassman

As we enter the final holiday season shopping rush, customers and employees are at increased risk of Boston elevator accidents or escalator accidents. Poor maintenance, large crowds, aging equipment, wet or slippery flooring and injuries caused by other passengers are the leading causes of such accidents.

Children and the elderly are most at risk. As we reported earlier this year on our Boston Personal Injury Attorney Blog, accidents on MBTA property may also cause such injury. In July, a child was seriously injured after getting his shoe caught in an escalator at an MBTA station while visiting Boston with family.

Each year, the Consumer Products Safety Commission and the Bureau of Labor Statistics estimates that 30 people are killed and 17,000 are seriously injured in elevator and escalator accidents.

The Consumer Product Safety Commission offers the following safety tips:

-Secure loose clothing. Shoe laces, drawstrings, scarves and mittens may be trapped in escalators.

-Hold a child’s hand and do not permit children to sit on steps and play on walls or railings.

-Do not bring carts or strollers onto escalators.

-Always face forward and utilize hand rails.

-Avoid the edges, where entrapment most frequently occurs.

-Know where the shutoff is located in case of emergency.

Industry safety standards require a number of safety features, including:

-An emergency shutoff located at the top and bottom.

-Sidewalls made of low-friction material.

-Use of skirt obstruction devices, which shut off the system if foreign objects are present.

-Clearance of no more than 3/16ths of an inch at the edges.

-Warning signs regarding the danger to children.

-Brightly colored foot prints or borders on each step.
Continue reading

December 11, 2010

Premise liability injuries in Massachusetts a danger at malls, retailers this holiday season

by Jeffrey S. Glassman

Shoppers are at increased risk of Boston premise liability accidents as the holiday shopping season enters full swing and winter weather descends on the East Coast.

We reported last month on our Boston Personal Injury Attorney Blog that the government had warned retailers about the risk posed to employees by intentionally advertising heavy discounts meant to draw large crowds for Black Friday.

As the Boston Globe reports, the holiday shopping season has gotten off to a fast start and is responsible for upwards of half of retailer profits. As such, retailers will look to keep the momentum going right through the holidays, and will no-doubt hold closeout sales right through the first of the year.

Business and property owners must put at least as much emphasis on the safety of employees and guests as they do on reaping holiday profits. When a negligent condition leads to a serious or fatal accident on business property, a Boston personal injury lawyer or wrongful death attorney should always be consulted to help protect the physical and financial well-being of you and your family.

Massachusetts premise liability claims may include:

–Slip and fall accidents

-Wet floors
-Dark parking lots
-Broken or uneven sidewalks or walking surfaces
-Loose handrails or fault stairwells
-Merchandise or shelving fixtures falling from height
-Elevator or escalator accidents
-Assault on business property
–Negligent security

-Parking lot accidents Continue reading

December 10, 2010

Watch for signs of Boston nursing home neglect or abuse during holiday visits

by Jeffrey S. Glassman

Many of us will visit relatives in nursing homes this holiday season. In fact, area homes will see more visitors during the next three weeks than at any other time of the year. Our Massachusetts nursing home abuse lawyers encourage you to pay attention when visiting a home and to share any concerns you may have with the authorities or with an experienced attorney.

For others, a long visit over the holidays will make clear the looming need to provide a loved one with living assistance or nursing home care.

The fact is the majority of the state’s homes are part of large chain- corporations operating for-profit nursing facilities. Mass Resources reports the average cost of nursing home care in Massachusetts is $75,000 a year.

What kind of care should you receive for more than $200 a day? Unfortunately, the answer is better care than is often provided in the more than 400 nursing homes in Massachusetts. Tragically, residents are sometimes afraid to report neglect or abuse. In other cases, they do not want to trouble family or loved ones by sharing such concerns.

The Massachusetts Department of Health and Human Services offers a number of resources:

–Nursing Home Reports are available here.

–Guide to Nursing Home Care.

–Massachusetts Nursing Home Regulations are available here.

–Massachusetts Nursing Home Guidelines are available here.

Signs of nursing home neglect or abuse in Boston:

-Unexplained bruises, broken bones or other injuries
-Bed sores, sepsis or other related medical conditions
-Unsanitary conditions
-Reluctance by staff to permit unsupervised visits
-Disrepair
-Frequent staff turnover
-Unexplained changes in loved one’s behavior
-Unexplained financial transactions
-Overmedicated state
-Malnutrition or dehydration Continue reading

December 9, 2010

Elderly drivers at high risk of Boston car accidents

by Jeffrey S. Glassman

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.

-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?
Continue reading