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 " »

A day of drinking beer turned tragic on Saturday night after two men who were roughhousing fell out of a moving bus on Route 2. The victims are 31-year-old Thomas Johnson of Gardner, who died from his injuries, and 34-year-old Seth Davis of Winchendon, who sustained serious injuries from the Massachusetts bus accident.

According to police, the two men were on a Colonial Tours charter that had taken them on a daylong pub crawl of several breweries when they fell out of one of the windows on the bus. According to Telegram.com, the 3-foot-10inch-by-2-foot-5-inch window, which opens from the bottom, is located in the bus bathroom. The bus driver reportedly didn’t know the two men had fallen out of the bus, which was carrying over 50 partiers and moving at a speed of 60 mph, and kept on going for several miles.

The Boston Herald reports that Davis’ mother has said that passengers on the bus believe that the bus’s faulty equipment is to blame for the tragic Massachusetts injury accident. Police are investigating the fall incident.

Massachusetts Personal Injury
Massachusetts follows a modified comparative negligence system. This means that an injured party can recover compensation if his/her fault in causing the injury accident is determined to be less than 51%. The victim cannot recover anything if fault is found to be 51% or greater. Also, courts in Massachusetts abide by the common law doctrine of joint and several liability. This means that every defendant in a case is liable for the entire verdict amount regardless of how much each one is determined to be at fault and if one defendant cannot pay, the other defendants are still responsible for covering the whole judgment.

If you or someone you love was seriously injured in an accident, an experienced Boston injury lawyer can help you determine whether you have grounds for a case. In some instances, there may be more than one party who should be held liable.

Bus fall investigated, Telegram.com, April 4, 2011

Fatal tumble out of pub-crawl tour bus, Boston Herald, April 4, 2011

Related Web Resource:
Colonial Tours

More Blog Posts:
Brockton Wrongful Death Trial Over Fatal Massachusetts Bus Accident Involving Disabled Pedestrian to Be Held In Boston, Boston Injury Lawyer Blog, October 27, 2011

UConn Student from Westminster, Massachusetts, Killed by Campus Shuttle Bus, Boston Car Accident Lawyer Blog, March 23, 2011

Bicyclist Hit, Killed in MBTA Bus Accident, Boston Car Accident Lawyer Blog, April 9, 2010

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

In Boston, jury selection is scheduled to begin today in the Massachusetts wrongful death lawsuit over a catastrophic 2007 Brockton bus crash that claimed the life of a disabled pedestrian. The defendants are bus driver Tracy A. Lopes and bus company First Student Inc. Lopes, a Raynham resident, had been charged with motor vehicle homicide by negligent operation after the deadly collision, but the charge was dropped in 2008.

The pedestrian that died was Lisa Herlihy, a 46-year-old Brockton resident who had been suffering from osteoporosis and Parkinson’s disease. She was using her walker to cross the street when she was struck by the bus that Lopes was driving.

Last year, Kim Berggren, a Randolph resident and Herlihy’s sister, filed her Brockton wrongful death lawsuit against Lopes and the bus company that had employed her at the time of the deadly Massachusetts pedestrian accident. Berggren is seeking “unspecified damages” and accusing both defendants of gross negligence.

Massachusetts Pedestrian Accidents
If your loved one was killed or you were injured in a Massachusetts pedestrian accident, you may have grounds for filing a Boston personal injury lawsuit or wrongful death complaint against the responsible party or parties. Depending on the circumstances surrounding your traffic accident, possible negligent parties may include a negligent driver, auto manufacturer, government entity, property owner, or another responsible party.

Whether you are dealing with pedestrian accident injuries or coping with the loss of a loved one, your life will undoubtedly have been turned upside down. Not only can you hold the responsible parties liable, but pursuing them for the financial recovery that you are owed can provide you the resources that you need to cover the costs incurred from the Boston injury accident.

Civil trial for fatal pedestrian crash in Brockton set to start in Boston, Enterprise News, October 27, 2010

Related Web Resources:
Car Accidents With Pedestrians, Nolo

Pedestrian Safety, Mass.gov

The Massachusetts House passed a measure that would not only bar drivers in the state from talking on handheld phones, but also would prohibit them from texting while driving. The bill is the latest attempt by lawmakers to decrease the number of distracted driving accidents. A similar measure died in the Massachusetts Senate last year.

If these proposals become law, Massachusetts would be the 20th state, in addition to Washington DC, to ban texting while driving and the 7th state to ban handheld phones. Drivers under the age 18 would be prohibited from using any kind of cell phone when there are behind the steering wheel of a car.

The National Safety Council says that at least 1.6 million US car accidents occur every year because a motorist was talking on a cell phone or texting. While texting is even more dangerous than talking on a phone, because so many more people talk on the phone while driving it is the cause of more motor vehicle accidents. Drivers who text message cause 200,000 car crashes annually, while motorists who talk on cell phones cause 1.4 million auto collisions.

Distracted Driving Accidents
Talking on the phone and text messaging while operating a vehicle are now considered distracted driving activities that can be cited as grounds for a Boston injury lawsuit or a Massachusetts wrongful death complaint.

This latest Massachusetts measure also calls for drivers older than 75 to undergo a vision test every five years before they can renew their driver’s license. The AARP disagrees with any rules that single out elderly motorists solely based on age. However, concern has been growing in the state over the recent number of Massachusetts car accidents that have involved elderly drivers whose waning mental and sensory faculties appeared to have contributed to causing traffic collisions that injured others.

Mass. House OK’s driving safety bill, Boston.com, February 5, 2010

National Safety Council Estimates That At Least 1.6 Million Crashes Are Caused Each Year by Drivers Using Cell Phones and Texting, PR Newswire, January 12, 2010

Related Web Resources:
National Safety Council

Cell Phone Laws, Insurance Institute for Highway Safety

Continue reading "Preventing Boston Motor Vehicle Accidents: Massachusetts House Passes Measure Banning Handheld Cellphones and Texting While Driving" »

The federal government has issued a nationwide ban that bars commercial truckers and bus drivers from text messaging while operating their vehicles. This ban goes into effect right away and any bus operators or truck drivers who are caught texting while driving are subject to a maximum $2,750 maximum penalty.

This prohibition is part of the Obama Administration’s efforts to curb distracted driving. Talking on a cell phone and texting while driving have proven particularly dangerous, and people have died in motor vehicle crashes throughout the US as a result.

Just last May 49 people were injured in a Boston MBTA trolley accident because the 24-year-old conductor was texting his girlfriend. While MBTA operators of buses, trains, and streetcars are no longer allowed to carry cell phones while on the job, among the rest of the Massachusetts driver population only school bus drivers are prohibited from talking on a cell phone while driving. Unlike a number of other US states, Massachusetts currently does not have a law banning drivers from texting or talking on handheld cell phones. However, yesterday the Joint Committee on Transportation approved a bill banning all drivers in the state from texting. It also bans drivers under 18 from talking on a cell phone. The Massachusetts Senate and House must approve the bill before it can become law.

Truck drivers who text reportedly increase their Massachusetts truck crash risk by up to 23 times. Truckers and bus drivers who text inevitably have to take their hands off the steering wheel and their eyes off the road. When this occurs, a public bus, a school bus, a tractor-trailer, a semi-truck, or an 18-wheeler truck turns into a dangerous and deadly fast-moving vehicle. Meantime, Some US Senators are calling on the US Transportation Department to extend its federal texting ban to all motorists.

It is never a good idea to text message or surf the Web while driving. In the event of a catastrophic Massachusetts motor vehicle collision, the negligent driver can become the defendant of a Boston injury case.

Mass. lawmakers propose law to ban text messaging while driving, Masslive.com, January 28, 2010

Senators urge expansion of federal ban on texting by truckers, bus drivers, StarGazette, January 26, 2010

U.S. Transportation Secretary Ray LaHood Announces Federal Ban on Texting for Commercial Truck Drivers, US Department of Transportation

MBTA: Conductor in Boston trolley crash was texting his girlfriend, Boston.com, May 8, 2009

Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association

Federal Motor Carrier Safety Association

Continue reading "US Department of Transportation Bans Commercial Bus Drivers and Truck Drivers from Texting while Driving" »

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" »