Boston Injury Lawyer Blog

Last week, our Boston injury lawyers published a blog post about a new National Highway Traffic Safety Administration study on text messaging and cell phone use while driving. As evidenced by the number of distracted driving fatalities that happened in 2010, too many people are dying because there are drivers that are multitasking and distracted.

Now, the National Transportation Safety Board is calling for all states to ban any type of cell phone use—including texting—unless it is an emergency situation. Over the last decade, the NTSB has made efforts to limit the use of portable electronic devices by commercial truckers, new drivers, and school bus drivers, but this is the first time that it is calling for a ban that would apply to all drivers. Handheld and hand-free devices would both be barred. Passengers that are not driving, however, would still be allowed to use their cell phones and other devices.

Although the NTSB cannot dictate state law, lawmakers do seriously consider what the federal agency has to say. Currently, in Massachusetts, only school bus drivers, passenger bus drivers, and drivers under 18 are prohibited from using cell phones. There is no ban on the use of hand-held phones—although Rep. Cory Atkins, D-Concord has introduced legislation to make the use of a hand-held cell phone while driving illegal. All drivers are banned from texting in Massachusetts.

Distracted Driving Lawsuits
Distracted driving has proven to be a huge problem among motorists. Even though people are aware of how dangerous talking on a cell phone or text messaging can be when operating a motor vehicle, many motorists cannot seem to stop themselves from making a call, sending a text, checking on email, or surfing the Web and these behaviors are causing serious injuries and killing people.

Some in Mass. eye tougher cellphone restrictions, Boston, December 14, 2011

NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011

National Transportation Safety Board

More Blog Posts:
NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010 , Boston Injury Lawyer Blog, December 9, 2011

Peabody Police Hit as a Pedestrian, Boston Car Accident Lawyer Blog, December 12, 2011

Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011

Continue reading "NTSB Calling for Total Cell Phone Ban on All US Roads and Highways" »

The National Highway Traffic Safety Administration has published its 2010 Fatality Analysis Reporting System, and our Boston injury lawyers are pleased to report that the latest figures show that last year saw a drop in Massachusetts motor vehicle crash deaths. There were 314 traffic fatalities in the state in 2010, which is a 26% dip from the 340 deaths in 2009.

Federal traffic safety officials announced that 32,885 US traffic deaths for 2010, this is the lowest number of motor vehicle fatalities that the country has seen in a year since 1949. This record-breaking low happened even as motorists traveled almost 46 billion more miles than in 2009. US Transportation Secretary Ray LaHood is crediting “our safety agency and partner organizations” for their efforts.

There was, however, a 1.2% increase in the number of US motor vehicle crash injuries that occurred. Nationally, 2,243,000 people were hurt in traffic accidents in 2010, which is slightly more than the 2,217,000 motor vehicle crash injury victims from 2009.

The federal government also released its findings from a survey that reported an increase in the number of people who text and drive at the same time despite the growing awareness that this is dangerous. Young people are especially prone to texting while driving.

More than 6,000 drivers participated in the survey. Per its results, at any given moment in 2010, nearly 1 out of ever 100 drivers was emailing, texting, surfing the Internet, or doing something else on a handheld device while operating a motor vehicle—that’s a 50% jump from the year before. A few of survey’s other findings:

• Both women and men are just as likely to make or take cell phone calls, text, or read email while driving.
• Drivers under age 25 are 2-3 times more likely to text or email than older drivers.
• Aside from poor weather conditions, traffic jams, or a fast traffic pace, most drivers found there were few situations during which they wouldn’t text and drive.

The NHTSA says there were 3,092 distracted driving deaths in 2010.

Gov't survey of drivers finds 2 in 10 texting, Bloomberg Businessweek/AP, December 8, 2011

U.S. Transportation Secretary LaHood Announces Lowest Level Of Annual Traffic Fatalities In More Than Six Decades, NHTSA, December 8, 2011

2010: Motor Vehicle Crashes: Overview, December 2011 (PDF)

More Blog Posts:
Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011

Man in Wheelchair Killed on Busy Street in Brockton, Boston Car Accident Lawyer Blog, October 28, 2011

Massachusetts Supreme Judicial Court to Consider Whether Drunken Driver Acquittal Rate is Too High, Boston Injury Lawyer Blog, October 31, 2011

Continue reading "NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010 " »

The Massachusetts Port Authority is asking that it be dropped from the wrongful death case filed by Bavis family. Mark Bavis was on United Airlines Flight 175 when terrorists flew it into one of the World Trade Center towers on September 11, 2001.

In their wrongful death case, the Bavis family is claiming that the hijackers were to board the plane undetected negligent security because the screeners at Logan International Airport in Boston were poorly trained and unqualified. Massport has responded with its own filing and claims that it played no part in screening passengers and that it had no “causal connection” to the attacks. The agency says that even if better security could have prevented the planes from being hijacked, passenger screening is the job of the airlines and that they are the ones who subcontract the security companies.

Massport has been dismissed from other 9/11-related wrongful death lawsuits that have named it as a defendant and so far has not had to contribute to any of the settlements paid to families. Lawyers for the Bavis family, however, have continued to argue that the airport does play a part in screening and that Federal Aviation Regulations and United States Federal Aviation Administration had charged Massport with overall security at the Boston international airport.

Also, just last week, the Boston Herald reported that new court documents in the case allege that state troopers assigned to protect Logan International Airport prior to September 11, 2001 failed to act on tips that Middle Eastern men had been seen shooting footage of security checkpoints at the airport. The Bavis family’s lawyers say that one of the men casing the areas was a man later identified as Mohammed Atta, the Al-Qaeda 9/11 leader.

Massachusetts Inadequate Security
Generally, if a premise lacked adequate security and this caused a violent crime to occur and someone to get injured as a result, the property owner and the entity tasked with providing that security could be held liable for Boston premises liability. Obviously, the Bavis family’s wrongful death case is not your typical inadequate security lawsuit. It is, however, a prime example of how important that the proper security measures be implemented at an airport—especially in this post-9/11 era when the threat of terrorism is more real than ever.

Massport seeks to head off 9/11 suit, Boston.com, July 7, 2011

Say Logan tips ignored by cops, Boston Herald, July 2, 2011

Related Web Resources:
MassPort

United States Federal Aviation Administration

September 11th Victim Compensation Fund of 2001

Boston Logan International Airport

More Blog Posts:
Wrongful Death: Family of 9/11 Victim Claims Security Screeners at Logan International Airport Did Poor Job, Boston Injury Lawyer, June 21, 2011

Sterling Man Sues Strip Club for Worcester Personal Injury Over Alleged Beating By Club Employee, Boston Injury Lawyer, March 18, 2011

Roxbury Man Killed, Teen Injured on MBTA Bus; Riders Call for Better Security, Boston Injury Lawyer, November 5, 2010

The parents of Jason Alan Foster are suing Mitsubishi for his Revere, Massachusetts wrongful death. Foster, then a 17-year-old Ipswich teen, was fatally injured in a SUV rollover crash on Route 1 on August 6, 2009.

Foster and another person were riding in the rear seat of a 2000 Mitsubishi Montero when the driver, an inexperienced teen, lost control of the SUV, which rolled over on a curve. Foster and 16-year-old girl were both thrown from the vehicle. She also died from her injuries.

In their Revere auto products liability complaint, Michelle and Charles foster claim that the SUV rollover occurred because the Montero had an “unreasonably dangerous” design. Their Boston wrongful death lawyer says that this particular Mitsubishi vehicle is “notorious” for its involvement in rollover accidents. The Fosters are alleging that the vehicle displayed poor maneuverability, had a high gravity center, was prone to oversteering, and had been designed in a way that did not protect occupants during rollovers. They also contend that Mitsubishi did not “properly warn” about the vehicle’s flaws, defects, or flawed design even though a number of plaintiffs had already filed civil complaints about these problems.

Included in those products liability lawsuits were allegations that the SUV is top-heavy, which increased the chances it would roll over and questions over why Mitsubishi didn't use electronic stability on all models. The SUV has also been plagued by allegations that its seat belts may have been faulty and its pillar and roofs were vulnerable to collapse.

Foster’s parents want Massachusetts products liability recovery for emotional distress, negligence, wrongful death, and violation of the state's consumer protection laws. The couple is willing to settle the Revere SUV rollover lawsuit for $7 million. Meantime, Mitsubishi is saying that the Fosters' allegations are “ill-founded.”

SUV Rollovers
SUV rollovers cause more than 10,000 deaths each year. Many safety advocates believe that the way most SUVs are designed place them at greater risk of rolling over. The injuries that can be sustained during a rollover crash are often fatal. It is important that you work with an experienced Boston injury lawyer that knows how to prove that the auto manufacturer was negligent.

Parents file lawsuit over teen's death, Salem News, March 29, 2011

Jason A. Foster, 17, Gloucester Times, August 8, 2009

Related Web Resources:
Rollover: The Hidden History, PBS

Safercar.gov

More Blog Posts:
Braintree Rollover Leaves 94-Year-Old Woman Injured, Boston Injury Lawyer Blog, November 26, 2010

Man Injured in Mass. Pike Rollover, Boston Car Accident Lawyer Blog, December 14, 2010

With autumn underway and the winter driving season approaching, the National Highway Traffic Safety Administration is reminding the drivers of 15-passenger vans to take certain steps to protect the occupants in their vehicles from getting hurt. Our Boston accident law firm recognizes the importance of motorists acting to prevent such traffic crashes before they can happen.

15-passenger vans are known to have a higher rollover rate than most other autos. Not only does the van's high gravity center and rear end that can reach up to four feet beyond the rear axle make it a rollover risk when fully loaded, but also, the weight it can carry can increase the risk of a tire blowout. Tire failure is another leading cause of 15-passenger van rollover crashes. Although the NHTSA now requires that the newer vans come with electronic stability control systems, there are still older 15-passenger vans in use that lack this safety system.

NHTSA Tips for 15-Passenger Van Drivers:
• Make sure your van is properly maintained.
• Make sure that you are trained and experienced to operate a 15-passenger van.
• Use tires that are the appropriate size.
• Make sure the tires are properly inflated before you go anywhere. Tire failures are a leading cause of 15-passenger van rollovers.
• Ensure that your passengers are wearing seat belts before you start the vehicle.
• Drive at a safe speed.
• Don’t allow more than 15 people to ride in the van at a time.
• If the van isn’t full, make sure the occupants are sitting in front of the rear axle.
• Avoid placing cargo on the vehicle roof.
• Instead, cargo should be stored also in front of the rear axle.
• Don’t talk on the cell phone or text while driving.
• Check mirrors and blind spots before changing lanes.
• Remember that a 15-passenger van is longer and wider than a regular auto, so allow for the room you need to maneuver it properly and safely when on the road.

Rollover crashes can lead to traumatic brain injuries, spinal cord injuries, massive head injuries, and other serious injuries.

Consumer Advisory: NHTSA Reissues 15-Passenger Van Safety Caution, NHTSA, October 14, 2010

NHTSA's Top Safety Recommendations for 15-Passenger Van Use (PDF)

Related Web Resources:
Massachusetts Department of Transportation

15-Passenger Vans, NTSB (PDF)

Continue reading "Preventing Boston 15-Passsenger Van Accidents: NHTSA Reissues Consumer Warning" »

A 2009 poll conducted by the National Sleep Foundation reports that in the last year, up to 1.9 million US motorists have either been in a motor vehicle accident or were nearly in an auto collision because they were drowsy while driving. 105 million motorists admitted that they’ve driven while sleepy in the last year, while 54 million drivers say they drowsy drive at least once a month.

What many of these drivers don’t understand is that drowsy driving is extremely dangerous. It one of the most common causes of traffic crashes. The National Transportation Safety Board says that 250,000 US drivers a day fall asleep while operating a vehicle. This causes 60,000 serious injuries and 8,000 deaths a year.

Boston car crashes, truck accidents, bus collisions, and pedestrian accidents are not the only kinds of traffic collisions caused by drowsy driving. The NTSB recently announced that drowsy driving was the likely cause of the deadly MBTA train crash in Newton last year involving two green line trains. The safety board says train operator Terese Edmonds may have fallen asleep at the wheel. She may have been suffering from obstructive sleep apnea.

Excessive sleepiness can impair a motorist, resulting in slower reaction times, distracted driving, decreased cognitive performance, various mood swings, and slowed reflexes. These side effects can prove tragic on the road, where a motorist may have a hard time driving in a straight line, fail to notice exit signs, miss traffic signs, and not realize that he or she is tailgating the vehicle ahead.

While it is tragic that so many people are injured in motor vehicle crashes caused by drowsy drivers, the good news is that drowsy driving accidents are preventable.

The National Sleep Foundation has declared November 2-8 Drowsy Driving Prevention Week. The intention is to make more motorists aware about the dangers associated with drowsy driving and falling asleep at the wheel.

1.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, November 2, 2009

Drowsy-driving tragedies preventable, Boston.com, August 3, 2009

Related Web Resources:
National Sleep Foundation

Drowsy and Distracted Driving, NHTSA

Continue reading "Boston Injury Accidents Caused by Drowsy Driving Are Preventable" »

At the US Department of Transportation’s Distracted Driving Summit this week, family members who lost loved ones in car accidents involving drivers who were distracted spoke to attendees about their tragedies. One woman lost her mother of a driver who was talking on his cell phone. Another woman, a motorcyclist, was killed when she was struck at a red light by a driver who was painting her nails. And of course, there are the accounts of loved ones lost because drivers were texting while driving, reaching for a cell phone, or glancing at a PDA to "quickly" read a text message.

According to the NHTSA, almost 6,000 people died in distracted driving accidents last year. Over 500,000 others survived these auto accidents with injuries. As one man who lost his mother told the summit, “distracted drivers destroy lives.” Yet many drivers continue to engage in some form of distracted driving.

Talking on a cell phone and texting while driving have proven especially dangerous, and calls for a nationwide ban on texting has become more urgent. The CTIA-The Wireless Association reports that 110 billion texts were sent out in December 2008. Compare this figure to the 10 billion texts that were transmitted in December 2005.

On Wednesday, the Obama Administration announced that federal workers will no longer be allowed to text message while operating a motor vehicle while on the job or in a government-owned auto. According to Transportation Secretary Ray LaHood, the government is also considering restricting truck drivers, train operators, and bus drivers from using cell phones.

In Massachusetts, there is still no ban on text messaging. Localities are allowed to decide whether to restrict cell phone use. Earlier this year, the Boston area’s transit authority announced a new policy change banning bus, trolley, and train operators from carrying cell phones and personal electronic devices while they are on the clock. The crackdown came after a trolley operator who was text messaging caused aBoston train accident that injured 49 people.

Boston car drivers are allowed to talk on handheld devices and text message while driving an auto. This can result in serious Massachusetts traffic accidents and personal injuries and wrongful deaths may ensue.

Cell Phone Ban After Boston Trolley Crash, Huffington Post, May 9, 2009

New regulation bans federal employees from texting while driving, Los Angeles Times, October 1, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

State Cell Phone Driving Laws, Governors Highway Safety Association

An Examination of Driver Distraction as Recorded in NHTSA Database (PDF)

Continue reading "At Distracted Driving Summit, Families of Car Accident Victims Bring to Life the Deadly Consequences of Multitasking While Behind the Wheel " »

The National Highway Traffic Safety Administration is reporting a 16% drop in the number of Massachusetts traffic deaths between 2007 and 2008. 363 people died in traffic accidents throughout the state last year. 434 people died in 2007.

Worcester County and Middlesex County tied for first place as the counties with the most traffic fatalities—56 deaths each. The state of Massachusetts also saw a decline in the number of drunk driving-related deaths by 20% from 155 fatalities in 2007 to 124 deaths in 2008.

More 2008 Massachusetts Traffic Facts:
227 vehicle occupant deaths
422 drivers that died
At least 61 of the drivers were younger than 21
At least 120 of these victims were not properly restrained at the time of their deaths
42 motorcycle deaths—a drop from the 62 Massachusetts motorcycle rider fatalities in 2007
75 pedestrian deaths

Nationally, the US Department of Transportation reported a 9.7% decline in traffic deaths between 2007 and 2008. 37,261 people died in US traffic accidents last year, with substantial drops in nearly every major category, including light truck occupant fatalities and passenger car occupant deaths.

US Transportation Secretary Ray LaHood also noted that the country had implemented major steps to improve road and vehicle safety, increase seat belt use, and decrease the number of drunk driving accidents.

More 2008 US Traffic Statistics:
2,346,000 injuries
11,773 alcohol impaired-related fatalities
5,811,000 traffic accidents
677 large truck deaths
5,290 motorcycle fatalities
4.378 pedestrian deaths
716 pedalcyclist fatalities
23,000 large truck injuries
96,000 motorcycle injuries
69,000 pedestrian injuries
52,000 pedalcyclist injuries

While the overall decline in traffic deaths is of positive note, there are still too many people getting hurt or dying in Massachusetts traffic crashes. In many instances, an injured person’s own motor vehicle or medical insurance is not enough to cover all recovery costs, medical expenses, and lost wages.

Mass. traffic deaths drop 16 percent in 2008, Boston.com, July 3, 2009

Overall Traffic Fatalities Reach Record Low in 2008, NHTSA

Related Web Resources:
View State-by-State 2008 Data, NHTSA

2008 Traffic Safety Annual Assessment- Highlights (PDF)

Continue reading "Massachusetts Traffic Deaths Drop 16% to 363 Fatalities in 2008" »

Last Thursday, the Massachusetts Senate included and approved in its version of the state budget an amendment banning Internet use while driving—this includes text messaging, emailing, or surfing the Web while operating a motor vehicle. Bus drivers, train operators, trolley drivers, and the drivers of other public transit vehicles would be banned from holding a cell phone while driving and would only be allowed to carry the device for emergency purposes. Transit drivers that violate the ban would be fined $500. Drivers would have to pay an insurance surcharge, in addition to a $75 fine.

The amendment is intended to prevent Massachusetts motor vehicle accidents from occurring because motorists are texting while driving and comes one day after Rebecca Solomon, a Methuen teen driver, died in a single-car collision. Police are trying to determine whether the 18-year-old high school senior was texting while driving.

Earlier this month, the MBTA imposed an emergency cell phone ban on its vehicle operators following a multi-trolley crash occurred right after the trolley driver had been text messaging with his girlfriend. Nearly 50 people were injured in the Boston MBTA accident.

According to a study commissioned by Vlingo, a Cambridge, Massachusetts speech-recognition technology maker for cell phones, 1 in 4 US drivers say they text message while driving, with younger drivers more likely to engage in this form of distracted driving behavior than their older counterparts. Among those surveyed:

• Almost 60% of teen drivers say they text and drive.
• 49% of 20 – 29 year-olds send and receive texts while operating a motor vehicle.
• 13% of motorists over 50 text while driving.
• 83% of the 4,816 online survey participants think texting while driving should be banned.

Time and again, texting while driving is proving to be a dangerous habit that can cause serious motor vehicle injuries or deaths. Teenagers that text while driving are a high-risk group when it comes to getting involved in or causing a Boston motor vehicle crash. A new Nielsen study says the average teen sends almost 80-text messages daily. The habit, which even adults find hard to break, can prove fatal when an inexperience teen driver is texting while behind the steering wheel of a car.

Massachusetts Senate Budget Bans Texting while Driving, Insurance Journal, May 26, 2009

Mass. high school student dies in car crash, Telegram.com, May 21, 2009

Driving While Texting Still Popular Despite Bans: Survey, VOXEO, May 20, 2009

Related Web Resources:
Cell Phone Driving Laws, GHSA

National Safety Council

Continue reading "Boston Personal Injury Law Firm: Massachusetts Senate Approves Amendment Banning Texting and All Internet Use While Driving" »

Massachusetts State Police say that all 13 people riding a 15-passenger van were injured on Thursday when the vehicle crashed into a tollbooth barrier after driving onto a median. The accident victims were transported to Tufts Medical Center, Massachusetts General Hospital, and Boston Medical Center following the collision.

The accident occurred at around 6:30 at night as the van was going to Boston from Home Made Brand Foods, the Newburyport company that employs the van’s passengers. During the crash, both front-seat airbags were deployed in the Ford E-350 Super Duty XLT.

Chelsea Deputy Fire Chief Robert Better says that the lack of skid marks indicates that there may have been a problem with the van’s breaks. Massachusetts State Police and a reconstruction team have yet to conclude their investigation into the cause of the crash.

The tollbooth employees (employed by the Massachusetts Port Authority) that were in the booth when the motor vehicle collision happened did not get hurt but were upset by the accident.

Motor Vehicle Crashes
There are may reasons why a Massachusetts motor vehicle crash can happen, including:

• Auto defect
• Driver negligence
• Defective traffic lights
• Improper signage or insufficient safety precautions on a road
• Debris on the road

Crash on the Tobin Bridge injures 13 who were in van, Boston.com, August 29, 2008

Van crashes into toll plaza on Tobin Bridge, WHDH, August 29, 2008

Related Web Resources:

15-Passenger Van Safety Hazards, Public Citizen

Tobin Bridge, Massport.com

Continue reading "15-Passenger Van Accident on Massachusetts's Tobin Bridge Leaves 13 People Injured" »