Boston Injury Lawyer Blog

Authorities have identified Phyo N. Kyaw as the victim of a Cambridge, Massachusetts truck accident that occurred Tuesday night on the corner of Vassar Street and Massachusetts Avenue.

The 23-year-old, who was originally from Myanmar, graduated from MIT last year. He was pronounced dead after he was transported to Massachusetts General Hospital.

According to Cambridge police, there have been 27 traffic crashes at the intersection of Massachusetts Avenue and Vassar Street since the beginning of 2010. If there is a road condition or the intersection as poorly designed so that there really is a higher risk of a motor vehicle crash happening there, then Kyaw’s family may have grounds for a Cambridge personal injury lawsuit.

Meantime, state police are trying to determine whether charges should be filed in Kyaw’s death. If the trucker acted negligently in any way to cause the Cambridge bicycle accident, he/she could be held liable. If the truck driver was working for an employer at the time of the collision, then there also may be a case filed against that company.

After a Massachusetts semi-truck crash, it is not uncommon for the trucking company’s insurer to attempt to immediately negotiate a settlement with the victim. It is a good idea that you not reach any type of agreement until you’ve explored your legal options first. You also may not know the extent of your injuries until after you’ve had a doctor examine you.

MIT graduate is identified as victim in bicycle-truck collision, Boston.com, December 28, 2011

Cyclist killed in Cambridge accident ID’d, Boston Herald, December 29, 2011

More Blog Posts:
Multiple Vehicle Accident Involving Dump Truck Leaves Several Injured in Uxbridge, Boston Car Accident Lawyer Blog, April 21, 2011

20-Year-Old Bicyclist Victim of Hit-and-Run in Attleboro, Boston Car Accident Lawyer Blog, July 18 2011

NTSB Calling for Total Cell Phone Ban on All US Roads and Highways, Boston Injury Lawyer Blog, December 15, 2011

Continue reading "Cambridge, Massachusetts Tractor-Trailer Crash Causes Bicyclist’s Death" »

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 " »

According to a new study published in Injury Prevention, there is a 28% lower injury rate for bicyclists when they cycle in bike-only tracks that are physically separate from street traffic than when they ride right next to motor vehicles. Considering that designated bike lanes are not common in the United States—usually a painted stripe in the road is what separates a bicycle lane from the rest of traffic—these findings are important to consider.

The National Highway Traffic Safety Administration reported 51,000 bicyclists injured in collisions with motor vehicles in 2009. That’s a lot of people hurt. As our Boston bicycle accident lawyers have mentioned in the past, it doesn’t help that bicyclists only have helmets and protective clothing to keep them safe during a collision with a large truck or another vehicle.

The study’s team, headed by Harvard School of Public Health research associate Anne Lusk, reports that in the Netherlands, where there are about 18,000 miles of bicycle-only tracks, the bicycle injury rate is 26 times lower than in the US—where there are only about 20 miles of bikes-only lane. The researchers note that the lack of safe cycling tracks could be contributing to the car-favored culture in the US. Surveys show that many Americans—especially seniors, woman, and parents riding with kids—are scared to ride their bikes on roads where there is plenty of traffic.

Under state law, bicyclists injured in Massachusetts traffic crashes get up to $8,000 in personal injury protection regardless of who was at fault. That said, this may not be enough to cover surgery expenses, hospital bills, rehabilitation services, lost wages from time off work, and other costs and damages.

With the serious and costly injuries that can result, it is important that Boston bicycle accident victims and their families explore their legal options right away. This is a city that could still use more bike lanes. That said, according to the Boston Globe, 20 miles of bike lanes were added last year—that’s 35 miles of bike lanes added in three year. Also, another 1600 bike owned parking spaces on hitch racks have been installed in neighborhoods throughout the city.

Separate Bikes-Only Lanes in Cities Cut Injury Rate: Study, Business Week, February 17, 2011

Cyclists found a friendlier Boston in 2010, Boston.com, January 27, 2011

Related Web Resources:
Injury Prevention

Bike Safety, City of Boston

More Boston Injury Blog Posts:
74-year-old Bicyclist Killed in Boston, Boston Car Accident Lawyer, January 26, 2011

12-year-old Boy Hit by Car While Riding his Bike in Lowell, Boston Injury Lawyer Blog, September 2, 2010

Martha’s Vineyard Truck Accident Kills Bicyclist, Boston Car Accident Lawyer, July 9, 2010

Continue reading "Bicycle Injury Rates Go Down When Cities Have Bikes-Only Lanes, Says Study" »

The National Transportation Safety Board says that Massachusetts ranks among the worst states when it comes to adopting federal drunk driving recommendations because it has only put into effect just 4 of the agency’s 11 recommendations for keeping repeat drunk drivers off the streets. This news raises the question, is the state doing enough to get drunk drivers off the road so that the number of Massachusetts car accidents that happen each year goes down?

Our Boston injury lawyers talk to families on a regular basis that have suffered inconsolable losses because a drunk driver got in a car and fatally struck a loved one. Adopting tougher measures to prevent drunk driving can only save lives.

Among the NTSB’s recommendations:
• The adoption of a dedicated drunk driving court
• Ignition interlock devices on first time offenders
• Not allowing an offender’s record to be scrubbed just because he/she underwent treatment
• Impounding a drunk driver’s vehicle
• Confiscation of license plates
• Long-term alcohol treatment
• Unannounced alcohol testing for drunk driver offenders

Drunk driving blurs the vision, slows reflexes, delays reaction time, and creates an altered state of reality that can make it impossible for a motorist to stay in control of his/her vehicle. Our Boston injury law firm knows how to pursue financial recovery against a drunk driver. Although nothing can be done to bring back a loved one that was killed or restore you or your life to the way it was before the collision that caused your catastrophic injuries, you still may have grounds for a civil case.

Feds: Mass. doing poor job vs. drunken driving, Boston Herald, February 10, 2011

Massachusetts faulted in fight against drunken driving, Gazettenet.com/AP, November 17, 2010

Related Web Resources:
National Transportation Safety Board

Massachusetts Laws About Drunk Driving

Related Blog Posts:
Alleged Drunk Driver Involved in Fatal Andover Car Crash Does Not Remember Striking Haverhill Pedestrian, Say Police, Boston Injury Lawyer Blog, December 14, 2010

Lynn Man Sustains Serious Injuries in Salem Car Crash Involving Alleged Drunken Driver, Boston Injury Lawyer Blog, August 30, 2010

Boston Wrong-Way Accident on Mass Pike Kills One Man and Seriously Injures His Friend, Boston Injury Lawyer Blog, December 29, 2009

Yesterday, a 12-year-old boy was struck by a car while riding his bicycle in Lowell. The local authorities have stated that the boy was riding his bike on Willard Street at approximately 2 p.m. when he was hit.

The bicyclist was struck by a red sedan, which allegedly sent the boy flying through the air. Neighbors that witnessed the accident claim that the crash sounded like two vehicles colliding. Witnesses further stated that the boy was not wearing a helmet when the impact occurred.

Following the collision, the boy was positioned on a stretcher and was placed in a neck brace. The victim was airlifted from the scene of the crash to Massachusetts General Hospital in Boston. According to the police, the boy suffered from serious head and neck injuries as a result of the collision.

Police stated that the bicyclist was not wearing a helmet when he was hit by the red sedan on Willard Street.

Continue reading "12-year-old Boy Hit by Car While Riding his Bike in Lowell" »

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" »

A Marshfield man died on Wednesday morning when he was injured in a Massachusetts bicycle accident near Green Harbor Marina. The collision happened around 10:30 am when a woman driving a sedan hit him. The bicyclist, who was in his late 60’s, was not wearing a helmet.

According to Marshfield police, the bicyclist sustained massive head injuries. Cliff Woodward, a retired firefighter who worked at a nearby shop, said that the bicyclist was on the road and bleeding from the mouth and head. Police are investigating the Marshfield bicycle crash.

Bicycle Accidents
If you were injured in a Boston bicycle accident, a Cambridge bicycle crash, or a bicycle collision in another Massachusetts city, you may be entitled to receive personal injury compensation from a negligent driver or another responsible party.

Bicycle collisions can lead to serious injuries for a bicyclist, who, at the most, will likely only have a helmet and protective clothing to cushion the impact of colliding with a truck, a bus, a motorcycle, or a car.

Common Causes of Boston Bicycle Accidents:

• Driver error or negligence
• Bicyclist error
• Drunk driving
• Poorly designed roads

Earlier this month, a 10-year-old Worcester bicyclist died when he was injured in a traffic crash involving a pickup truck. Police say the truck driver unsuccessfully tried to avoid the boy, who was coming down a driveway.

The boy, Jovannie Melendez, was bleeding heavily when emergency responders arrived at the accident scene to perform CPR.

On August 1, a 21-year-old bicyclist sustained life-threatening injuries in a Jamaica Plain traffic accident. The driver was turning onto Lamartine Street late at night when he says he felt and heard something hit the passenger side of his vehicle. He says he got out of the vehicle and saw there was an unconscious bicyclist on the ground.

With more people riding bicycles on Massachusetts roads in an attempt to be more environmentally conscious and/or save money, it is important that riders and drivers remember that they share the roads with one another.

Marshfield bicyclist killed in accident, Boston.com, August 19, 2009

10-Year-Old Killed Riding Bicycle Identified, The Boston Channel, August 2, 2009

Bicyclist injured in Jamaica Plain accident, Boston.com, August 1, 2009

Continue reading "Marshfield Man Dies in Massachusetts Bicycle Accident" »

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" »

New information in the February 2009 issue of the Journal of Neurosurgery: Spine offers convincing evidence that the combined use of seat belts and air bags is the best protection that auto accident victims can have from sustaining spine fractures. The findings are based on an examination of over 20,000 motor vehicle crash victims who were treated in Wisconsin hospitals between 1994 and 2002.

According to the study:
• The number one cause of spinal cord injuries is motor vehicle accidents.
• Becoming involved in an auto crash in a vehicle equipped with air bags and while using a seat belt lowered the chances of an accident victim sustaining a spine fracture.
• Just 14% of the drivers and front seat passengers who were victims of motor vehicle crashes had the protection of both a seat belt and an air bag.
• 38% of the accident victims were not using seat belts.
• Out of the 2,530 victims with spine fractures who were part of the study, 64 of them died in hospitals.
• Kinds of spine fractures: 1,067 of them were cervical fractures, 1,034 were lumbosacral fractures, and 565 were thoracic fractures.
• Auto accident victims that were using an air bag and not a seat belt had a greater chance of sustaining a severe thoracic spine fracture.

Evidence from the study was based on information about air bag and seat belt usage combined with spine fracture incidences. Some 20,276 auto accident victims were part of the study. All of the individuals had be either front seat passengers or drivers, 16 years of age or older. They also had to not have been thrown from the vehicle during the crash, and complete ICD-9CM data had to be provided.

One of the authors of the study, Marjorie C. Wang, MD, MPH from the Department of Neurosurgery, Medical College of Wisconsin in Milwaukee, says that federal and state governments should dedicate more resources toward making sure that motor vehicle occupants use air bags and seat belts together.

Spinal Fractures
A spinal fracture is when at least one vertebrae in the back or neck breaks. While many spine fracture cases are not serious enough to warrant surgery, more serious spinal fractures can result in spinal cord injuries, paralysis, severe pain, and death. Failing to treat existing fractures can lead to progressed deformity and the ability to live a healthy, normal life.

Research: Air Bags/Seat Belts Important in Preventing Spine Fractures, Huliq News, January 26, 2009

Spinal Fractures, Spine Universe.com

Related Web Resources:

Journal of Neurology: Spine

Spinal Cord Injuries, Medline Plus

Continue reading "Seat Belts and Air Bags Together Are Key to Preventing Spine Fractures During Motor Vehicle Accidents" »