Boston Injury Lawyer Blog

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" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: 15-Passenger Van Accidents , Bicycle Accidents , Bus Accidents , Car Accidents , Injuries to Minors , Motorcycle Accidents , Pedestrian Accidents , Personal Injury , Products Liability , Truck Accidents , Wrongful Death

Bookmark:

In Boston, lawmakers are considering whether to impose stricter driving regulations on elderly senior drivers. The debate comes in the wake of several high profile Massachusetts car accidents this month involving senior motorists.

Just today, an 83-year-old Malden driver faces negligent operation charges following an accident that left a 78-year-old woman with life-threatening injuries. Police want the Massachusetts Registry of Motor Vehicles to evaluate whether the man’s license needs to be revoked.

Already this week the Massachusetts Registry of Motor Vehicles took away the driver’s license of Virginia Nelson, an 86-year-old Malden motorist. She is accused of hitting and seriously hurting an 84-year-old Medford pedestrian in Melrose over the weekend.

The pedestrian, Francis Blomerth, is in critical condition at Massachusetts General Hospital. Melrose officials believe that Blomerth was in the crosswalk when Nelson's vehicle struck him.

Massachusetts and local police are investigating the Melrose pedestrian accident. At this time, Nelson has not been cited for any crime.

On June 15, elderly motorists were involved in separate Massachusetts auto crashes in Lawrence and Andover. The drivers lost control of their vehicles, striking a lamp post, trees, and cars.

On June 3, a 73-year-old Middleboro driver accidentally drove her minivan into a crowd of people attending a Vietnam War Memorial in Plymouth. Eight people went to the hospital.

On June 2, a 93-year-old driver hurt a mother and toddler in a stroller when he drove his car into a Danvers Wal-Mart. He stepped on the gas pedal because he thought he was stepping on the brake.

Representative Chairman Joseph Wagner says lawmakers are going to put together a comprehensive bill and place it on the “fast track” so that it is ready for a floor vote by September.

The bill calls for elderly drivers to pass a road and vision test every five years after they turn 85 if they want to renew their Massachusett's driver’s license. Under current state law, individuals must only pass a vision test every 10 years.

There are many reasons why a Massachusetts jury might find a motorist liable for causing your Boston car accident.

Lawmakers hear call for more regulation of elderly drivers, Boston.com, June 30, 2009

Legislators discuss proposed elderly driving bill tomorrow, The Eagle Tribune, June 29, 2009

Driver, 86, has license revoked after allegedly hitting pedestrian, Boston.com, June 29, 2009

Related Web Resources:
Senior Drivers, Insurance Information Institute

Elderly Drivers, DRDriving.org

Continue reading "Two More Massachusetts Car Accidents Involving Elderly Drivers Adds Fuel to Issue of Whether the State Needs Tougher Driving Rules for Older Seniors " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

Massachusetts Governor Deval Patrick says he’ll support legislation mandating that drivers, 85 and older, must pass road and eye tests every year before their driver’s licenses can be renewed.

With people living longer, the Insurance Institute for Highway Safety says that by 2025, 25% of all US drivers will be at least 65, and there is a growing concern that some older drivers may become less safe drivers as their reflexes get slower, their vision blurs, or their health deteriorates.

In Massachusetts last Friday, seven people got hurt in a Plymouth car crash involving a 73-year-old driver who drove over a curb and into a crowd of people that were attending a war memorial. This was the third car accident that the elderly driver was involved in since she turned 70.

In Danvers, on Thursday, a mother and a toddler got hurt when a 93-year-old motorist accidentally drove his car into a Wal-Mart in Danvers.

NHTSA 2007 Older Population (65 and Older) Traffic Statistics:
• There were 30 million older drivers with licenses.
• There were 38 million people age 65 and older in the US.
• 196,000 older people got hurt in US traffic accidents.
• 79% of deadly traffic accidents involving older drivers occurred during the day.
• 71% of these fatal crashes involved other motor vehicles.
• 64 of the 551 drivers involved in deadly Massachusetts traffic crashes belonged to this older population.

According to the Insurance for Highway Safety’s 2007 Fatality Facts Involving Older People:
• Auto collisions make up 1% of deaths involving people age 70 and above.
• Today’s older drivers are keeping their licenses longer and traveling more miles via roads.
• Per mile traveled, fatality crash rates go up at age 75 and after age 80.

Pressure mounts to test elder drivers, Boston.com, June 8, 2009

Older people 2007 Fatality Facts, IIHS.org

Traffic Safety Fact Sheets, NHTSA

Related Web Resources:
Safe Roads Now, AARP.org, Senior Drivers

Insurance Information Institute

Continue reading "Preventing Boston Car Accidents: Lawmakers and Groups Calling on Massachusetts to Retest Elderly Drivers" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

A Massachusetts mother and her one-year-old daughter had to be taken to local hospitals for treatment of their injuries sustained after a 93-year-old driver rode his car into a Danvers Wal-Mart on Tuesday. According to police, the driver may have intended to step on the brake but instead placed his foot on the gas pedal. Four other people, including the driver’s 90-year-old wife, were taken to the hospital following the Danvers car accident. The three other victims were suffering from shock following the incident.

The car, which entered through the store entrance, struck two cash register stations.

Senior Drivers
According to Helpguide.org, senior drivers are at higher risk than younger drivers of becoming involved in multi-vehicle car accidents. Of course, it is important not to generalize, as there are many senior drivers that can drive safely and capably well into their golden years. It is also important to note that a senior injured in a car crash is more likely than younger persons to sustain injuries that could prove fatal. The deadly crash rate for a driver in his or her 70's increases dramatically.

Factors of Aging that Can Impair Driving Include:
• Failed vision
• Loss of hearing
• Slower reflexes
• Limited mobility
• Health conditions, such as Parkinson’s, rheumatoid arthritis, or sleep apnea
• Impairment caused by medication
• Drowsy driving
• Dementia

With more people living longer these days—by 2050, one out of five Americans is expected to be age 65 or older—the number of senior drivers in Boston and on other roads throughout Massachusetts is likely to grow. However, there may come a time in an elderly person’s life when it is time to stop driving or risk causing injury or death to others.

Mother and baby injured as car crashes into Danvers Wal-Mart, Boston.com, June 2, 2009

Senior Citizen Driving, Helpguide.org

Related Web Resources:
Senior Drivers, Insurance Information Institute

Massachusetts Registry of Motor Vehicles

Continue reading "93-Year-Old Massachusetts Driver Crashes Car into Danvers Wal-Mart, Injuring a Mother and Toddler" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

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" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: 15-Passenger Van Accidents , Bus Accidents , Car Accidents , Injuries to Minors , Pedestrian Accidents , Train Accidents

Bookmark:

The Daily News Tribune says that during the time it takes to compose and send a simple text message while driving (requiring the driver to take his or her eyes off the road), a motor vehicle will likely have traveled the length of a football field—enough time and distance for at least one motor vehicle crash to occur.

On Friday, a Boston Green Line MBTA train did more than that when its operator, who was sending a text message to his girlfriend, ran a red light, causing a multi-trolley crash and injuring at least 46 people. Three of the trolleys involved in the Boston train accident were totaled, and another trolley was damaged.

According to the MBTA, Quinn, an Attleboro resident, failed to step on the brakes soon enough. He will likely be fired and could face criminal charges. As an aside, his private driving record indicates that he was cited for speeding three times—in 2002 and 2007.

The MBTA prohibits its drivers from using their cell phones and similar devices in any capacity while driving. Yet this rule is often ignored. At least 9 MBTA trolley operators and bus drivers have been suspended for talking on cell phones or texting while on the job. Over the weekend, MBTA officials said its drivers are going to be banned from even carrying such devices while at work.

Texting While Driving
Text messaging while driving any kind of vehicle is considered dangerous, and some states have put laws in place to ban texting and/or talking on the cell phone while operating a motor vehicle. In Massachusetts, only school bus drivers are banned from talking on a cell phone while driving.

According to a 2006 National Highway Traffic Safety Administration study, driver distraction during the three seconds prior to a motor vehicle crash is the number one cause of 78% of auto crashes and near collisions. Dialing a cell phone, reading, and applying makeup are the three activities that appeared to increase the risk that a driver might be involved in a car crash by three times. Texting while driving has been cited as a reason that some fatal train accidents and deadly motor vehicle crashes have occurred over the past few years.

Not only does texting require that a driver not look at the road while composing or reading a text message, but he or she will likely have to take at least one hand off the steering wheel to hold or operate the cell phone or PDA device. In order to avoid causing a Boston train accident or a Massachusetts car crash, drivers must have both eyes on the road at all times, with both hands controlling the steering wheel and their mind focused on the task at hand—which is to drive safely.

Negligent driving by an MBTA trolley operator can be grounds for an MBTA train accident lawsuit.

Editorial: The dangers of texting while driving, The Daily News, May 12, 2009

City man driver in T crash, The Sun Chronicle, May 12, 2009

Related Web Resources:
T crash puts spotlight on hiring criteria, Boston.com, May 12, 2009

Cell Phone Driving Laws, GHSA

MBTA

Continue reading "Boston Green Line Train Crash that Injured Dozens is A Reminder of Why Text Messaging And Driving Don’t Mix" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Train Accidents

Bookmark:

The Insurance Institute for Highway Safety recently announced the results of three front-to-front crash tests it conducted. A microcar or minicar and a midsize model from the same auto maker were used for each test. IIHS president Adrian Lund says that while there are undoubtedly benefits to buying the smaller cars, including the facts that they cost less and don't use up as much gas, these latest tests show that people may be sacrificing occupant safety for financial savings.

The IIHS tested 2009 models against each other: The Honda Fit against the Honda Accord, the Mercedes C against the Smart Fortwo, and The Toyota Camry against the Yaris. During all three tests the laws of physics won out. While the smaller cars did well in IIHS frontal offset barrier tests, they performed poorly against the larger cars—which aren’t even considered large cars compared to luxury-sized cars, pickup trucks, SUV’s, and passenger vans.

In all three tests, the bigger and heavier autos performed better in terms of occupant safety. The dummies in the smaller, lighter autos tended to be at a disadvantage. The larger, heavier vehicle ended up pushing into the smaller, lighter auto, which means that if there had been people riding in the smaller cars, they would have experienced more force upon impact than if they had been occupants in the larger autos. The greater the force, the greater the risk of injury or death, which means the chances of injury goes up when someone rides in a microcar or a minicar.

This is confirmed by auto accident statistics, which reports that the fatality rate for occupants of minicars in multiple vehicle collisions in 2007 was nearly two times that of the fatality rate for people in very big cars. It also helps for occupants of larger cars that the larger size and weight of the vehicle will likely deform or move any object it hits.

It is important that auto manufacturers make cars that are safely designed and manufactured to minimize/prevent injuries or deaths. A car maker can be held liable for Massachusetts products liability or wrongful death if their defectively designed vehicle or a defective auto part within the motor vehicle causes personal injury or wrongful death.

New crash tests demonstrate the influence of vehicle size and weight on safety in crashes; results are relevant to fuel economy policies, Insurance Institute for Highway Information, April 14, 2009

Related Web Resources:
Car Size and Weight are Crucial (PDF)

NHTSA

Continue reading "Preventing Boston Car Accidents: IIHS Says The Bigger and Heavier the Motor Vehicle, the Greater the Safety Protection Provided" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Products Liability

Bookmark:

General Motors and the National Highway Traffic Safety Administration have announced the recall of 1,497,517 motor vehicles because of a a defect in the 3.8 liter engines of the autos that could lead to a car fire. The cars included in the recall are the Chevrolet Lumina (1998 to 2003 models), the Buick Regal (1997 to 2003), the Chevrolet Monte Carlo (1998 to 2003), the Chevrolet Impala (1998 to 1999), the Pontiac Grand Prix (1998 to 2003), and the Oldsmobile Intrigue (1998 to 1999).

The defect in the engine may cause oil to leak onto the exhaust manifold when hard braking. If the manifold is hot and the oil strikes the heat shield, there is the chance that an engine fire could occur.

Car Fires
Car fires are incredibly dangerous. They can emit toxic gas and lead to catastrophic burn injuries. Car fires can create heat as high as 1500 degrees Fahrenheit, with flames from burning vehicles emitting as far out as 10 feet or greater. A car fire can lead to a car explosion, resulting in debris from the car being flung outward. This could turn tire rims, axles, engine parts, and other car parts into deadly shrapnel. Air bags may deploy, battery acid can cause serious injuries, and the flammable fuel from gas tanks could end up spraying onto other vehicles and people in the area.

According to the National Fire Protection Association and the AAA:
• There were 266,000 car fires in 2004 resulting in 520 deaths.
• Over 1,300 people a year become the victims of car fires.
• 75% of car fires occur because of poor maintenance.
• Motor vehicles contain at least six flammable fluids under their hood that can leak onto hot surfaces, starting a fire.

This is why it is so important that any defect that can lead to a car fire be remedied immediately. And if you or someone you love was injured in a Massachusetts motor vehicle accident involving a fire that was a result of an auto defect, you need to speak with an experienced Boston products liability law firm to explore your legal options.

GM Recalls 1.5 Million Cars For Fire Hazard, Consumer Affairs, April 14, 2009

New Warning to be Issued About Deadly Car Fires, ABC News, October 12, 2005

Related Web Resources:
National Highway Traffic Safety Administation

Car Fires: What you need to know to be safe..., Kids-Safety

Continue reading "GM and NHTSA Announce Recall of 1.5 Million Motor Vehicles " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

In Massachusetts, two serious Brockton motor vehicle accidents have left its victims with injuries. On Friday morning, two sisters from East Bridgewater got hurt when their compact car was involved in an accident with a tractor-trailer.

19-year-old Esther Martinez sustained a fractured skull, two spinal fractures, brain contusions, serious facial factures, and a broken collar bone. She had 32 stitches on her head. As of Monday, she was reportedly in critical condition at Brigham & Women’s Hospital. Her sister, 21-year-old Cristina Martinez, sustained a broken elbow and wrist.

The deadly Massachusetts tractor-trailer crash happened on Route 24 northbound close to exit 18. The sisters’ vehicle was totaled during the traffic collision. Fortunately, both women were using seat belts at the time of the accident.

In another Brockton traffic accident, a 60-year-old Massachusetts woman suffered serious injuries in a pedestrian accident when she was struck by a car on Monday. The pedestrian was pushed under the vehicle of another driver, whose vehicle was rear-ended by the first vehicle.

NHTSA: 2008 Motor Vehicle Crash Deaths
Motor vehicle crashes continue to be a leading cause of death in Massachusetts and the rest of the country. The US Department of Transportation, however, had some good news to report this week when it issued its 2008 motor vehicle crash death toll.

With 37,313 traffic fatalities occurring last year, there hasn’t been so low a motor vehicle fatality total since 1961 when there were 36,285 deaths. Massachusetts, unfortunately, was named prominently in the update as having the lowest state ranking for seat belt use. While the national average for seat belt use is 83%, Massachusetts’s 68.8% is low, down by 1.9% from 2007.

In Massachusetts, as in 21 other US states, police officers can’t stop a motorist for not using a seat belt. Police can only ticket drivers for not wearing safety belts if they apprehended them for other reasons.

Regardless of whether or not you were using a seat belt, if you were injured in a Massachusetts car collision, bus accident, truck crash, bicycle accident, or pedestrian accident because another motorist or another party was negligent, you have legal options for recovery.

Woman hit by car outside Brockton store flown to Boston hospital, Wicked Local, April 7, 2009

East Bridgewater sisters recovering after serious crash in Brockton, Wicked Local, April 6, 2009

Mass. ranks last again in US for use of seat belts, Boston.com, April 7, 2009

U.S. Transportation Secretary LaHood Announces Record Low Traffic Deaths, Improved State Seat Belt Use, NHTSA, April 6, 2009

Related Web Resources:
Early Estimates of Motor Vehicle Traffic Fatalities in 2008, NHTSA, March 2009 (PDF)

Seat Belt Use in 2008, NHTSA (PDF)

Executive Office of Transportation
, Mass.gov

Continue reading "Two Brockton, Massachusetts Traffic Accidents Result in Serious Injuries" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Pedestrian Accidents

Bookmark:

Toyota is recalling 1.3 million motor vehicles over concerns that a foam pad located close to the seat belt could catch fire during an auto crash. Included in the automaker’s recall are 134,000 Yaris subcompacts (2006 and 2007 models) that were sold in the United States.

The National Highway Traffic Safety Administration is working with Toyota to recall the cars, which come with front passenger seat belt and driver seat belt pretensioners that retract the belts so that the occupants' forward momentum is absorbed during a serious frontal impact.

Toyota is concerned that during serious, frontal crashes, the mechanism that is supposed to tighten the seat belt could release a gas that might cause a foam pad used for insulating sound to catch fire. So far, there are no reports of any incidents stemming from the defect in the United States.

Auto defects or defective auto parts can lead to serious injuries and deaths. Auto manufacturers are supposed to make sure their vehicles are safe for use. While defects can occur during the production or shipping of a motor vehicle, there are auto parts that are defective because there are flaws in their design.

If you or someone you love was injured in a Massachusetts motor vehicle accident because the vehicle you were riding in was defective or malfunctioned, you may have grounds for an automobile products liability lawsuit.

Common auto defects that have resulted in personal injury lawsuits:

• Defective seat belts
• Rollover accidents
• Defective air bags
• Faulty engines
• Defective tires
• Brake defects

Toyota Announces Safety Recall on Select Vehicles, PR Newswire, January 28, 2009

Global Recall by Toyota; Affects 1.35 Million Cars, Huliq.com, January 28, 2009

Related Web Resources:
NHTSA

Toyota

Continue reading "Toyota Issues International Recall of 1.3 Million Motor Vehicles" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Products Liability

Bookmark:

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" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Bicycle Accidents , Bus Accidents , Car Accidents , Motorcycle Accidents , Pedestrian Accidents , Truck Accidents

Bookmark:

Police in the Boston area say at least 11 motor vehicle crashes occurred over the weekend. According to the National Weather Service, some 8.8 inches of snow fell from the sky on Friday, with another 3.7 inches of snow falling on Saturday and 3.8 inches on Saturday. This made for poor driving conditions. Some 50 plows tried to clear the streets over the weekend. Fortunately, there were no serious injuries.

One auto accident left a Jeep with significant damage after its driver hit an NStar utility pole. The 37-year-old Dedham motorist was eventually cited for leaving the scene of property damage. In another Boston motor vehicle crash, an auto struck another motor vehicle as it was backing out of a driveway. Another accident occured when a plow driver backed his vehicle into a Bridge Street building.

Driving in Snowy Weather
Snow and ice on the road can make for hazardous driving conditions that can lead to serious Massachusetts injury accidents. Just because poor weather conditions may have been a major factor in causing a traffic collision, however, does not mean that there aren’t steps that you can take to drive safely and prevent auto accidents from happening. As the driver of a car, truck, or bus, you are supposed to exercise even greater care to avoid auto crashes from happening, including:

• Drive at a slower speed
• Give yourself more time than usual to arrive at your destination.
• Make sure that there is even more space between you and the vehicle in front/behind you.
• Make sure your lights are on so that other drivers can see you.
• Brake gently so that your vehicle doesn’t skid.
• Don’t drive using your cruise control when the roads are icy.
• Drive defensively.

You may be entitled to Massachusetts personal injury compensation if you were injured in a Boston car accident.

Storm card : 3 days, 15 inches and 11 accident, The Daily News Transcript, December 22, 2008

Driving Safety Tips, National Weather Channel

Related Web Resource:
Winter Driving Safety Tips, Mass.gov

Continue reading "11 Boston Area Motor Vehicle Crashes Reported During Weekend Snowstorm" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Personal Injury

Bookmark:

Two Massachusetts teenagers died in Middleborough on Thursday after the 18-year-old driver lost control of his car and struck a tree. Driver Joseph W. DeYoung and his 17-year-old passenger, Brian McMahon, died from their injuries. DeYoung had just earned his driver’s license on December 2.

Middleborough police says wet roads, driver inexperience, and speeding contributed to the fatal Massachusetts car crash, which occurred early in the morning on Purchase Street as the teens were headed to school. An initial investigation into the crash indicates that DeYoung lost control of the car. The two Middleborough high school teens were pronounced dead at the accident site.

NHTSA Young Driver Facts
- In 2006, there were 13 million young, licensed drivers, 15 – 20 years-of age, in the United States.
- In 2007, 6,982 young drivers were involved in deadly motor vehicle crashes.
- Motor vehicle accidents is the number one killer of people, ages 15 - 20.
- 3,174 drivers, ages 15-20, died in auto crashes last year.
- 252,000 were injured.
- 1,631,000 young drivers were involved in the 10,524,000 auto crash incidents that were reported to police.
31% of young drivers that died in traffic accidents last year had consumed alcohol.
-

In Massachusetts:
- 83 people died in Massachusetts motor vehicle crashes involving young drivers last year.
- 36 of the victims were young drivers operating one of the vehicles.
- 28 of the fatalities were occupants of vehicles driven by young drivers.
- 16 of the people that died were riding in other vehicles.
- 3 of the victims who died were not riding in any vehicles.

On their way to school, two teens die in crash, Boston.com, December 12, 2008

Young Drivers, 2007 Traffic Safety Facts, NHTSA

Related Web Resources:

A Comprehensive Approach to Teen Driver Safety

Statistics About Teen Drivers, Mass.gov

Continue reading "Two Middleborough Teens Killed in Massachusetts Car Accident" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Injuries to Minors , Wrongful Death

Bookmark:

Unicef and the World Health Organization say that 830,000 children are killed around the world in accidents. Their report, the World Report on Child Injury Prevention, is the first report to gather all known information on child injuries and deaths around the globe.

The report’s estimates are acknowledged to be broad because so many poor countries are unable to collect many health statistics. The findings also take into account that there are many children who are injured or killed without receiving medical care.

According to the report, the most common causes of fatal child injuries around the world include:

• Motor vehicle accidents
• Burn injuries
• Drowning accidents
• Fall Accidents
• Poison

Other common causes of death include murder, serious illnesses, diseases, childbirth, and abortion.

The United Nations is encouraging governments to require safety measures, such as pool fences and bicycle helmets, that could save thousands of kids' lives each year. The UN Children's Fund and WHO report says use of lifejackets, childproof medicines, window guards, and smoke alarms, could also save many lives.

In the United States, according to the Centers for Disease Control and Prevention, 12,175 children are killed in accidents each year:

• US motor vehicle collisions continue to be the leading cause of death for kids 1 year of age or older.
• Suffocation is the number one cause of death among kids younger than 1.
• Drowning accidents is a leading cause of death for kids ages 1 to 4.

CDC injury prevention chief Ileana Arias says making kids younger than 8 ride in booster sides, passing graduated driver’s license laws in more US states, and barring teens from driving with other teens or at night could save lives.

In Massachusetts and other US states, these lists of common injuries and deaths can be grounds for personal injury and wrongful death lawsuits if another party was negligent in causing the motor vehicle crash, burn accident, dog attack, fall accident, suffocation accident, or another injury accident to occur.

Report Sounds Alarm on Child Accidents, NY Times, December 9, 2008

Preventable injuries kill 2000 children every day, WHO, December 10, 2008

Car Crashes, Falls Top List of Accidental Injuries for Kids, US News and World Report, December 10, 2008

Related Web Resources:

Read the World Report on Child Injury Prevention (PDF)

UNICEF

Continue reading "Leading Causes of Child Deaths Are Also Common Causes of Personal Injuries and Wrongful Deaths" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Animal and Dog Bites , Burn Injuries , Car Accidents , Injuries to Minors , Personal Injury , Premises Liability , Products Liability , Slip and Fall Accidents , Wrongful Death

Bookmark:

An Essex Superior Court jury has ordered the 99 Restaurants of Boston and Haverhill resident David Kvinlaug to pay a Quincy woman $5 million for personal injury. Laurie Clifford lost her arm in a 2003 drunk driving accident. Kvinlaug, who was driving the car that Clifford was riding in, pleaded guilty to drunk driving and served 90 days in jail.

On May 18, 2003, bartenders at the Ninety Nine Restaurant & Pub in North Andover reportedly served Kvinlaug, who worked at the restaurant as a line cook but was off-duty at the time, the equivalent of 11 12-ounce beers in under two hours. The 32-year-old then reportedly had a few more drinks at a party before driving his vehicle into a school bus that was parked on Chadwick Street.

Clifford and another passenger were in the car when the accident happened. Clifford’s arm, which was almost severed in the catastrophic Massachusetts crash, had to be amputated following 30 surgeries to try repairing her arm.

The 99 Restaurant chain had argued that the 33-year-old woman was partially at fault for her injuries because she knew Kvinlaug was drunk when she got in the car with him. While the jury acknowledged that Clifford acted negligently when she got into the car with a drunk driver, they found that the restaurant chain was five times more negligent because it served Kvinlaug too much alcohol.

Last week the Essex Superior Court jury ordered 99 Restaurants and Kvinlaug to pay $3.2 million in damages plus an additional $1.8 million in interest. Judge Frances McIntyre, however, ordered that Geno Barone, the person who hosted the party that Kvinlaug and Clifford attended, would not have to pay Clifford damages.

Drunk Driving
The National Highway Traffic Safety Administration says there were 146 alcohol-impaired driving fatalities in Massachusetts in 2007. If you have been seriously injured in a drunk driving accident, you may be able to file a Massachusetts personal injury claim or lawsuit against all negligent parties for personal injury.

Jury Awards $5M to Woman Who Lost Arm in Drunk Driving Accident, Insurance Journal, November 10, 2008

Jury awards woman $5M for losing arm in Haverhill drunk driving accident, Eagle-Tribune, November 7, 2008

Related Web Resources:
2007 Alcohol Impaired Driving Fatalities, NHTSA (PDF)

99 Restaurants

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

The Boston widower and children of a woman that died in July 2006 when 26 tons of concrete fell from the Big Dig tunnel ceiling onto the car she was riding, will receive over $28 million for her wrongful death. The settlement resolves the family’s claim against all the defendants, including the Massachusetts Turnpike Authority, Modern Continental Co., Gannett Fleming Inc., Bechtel/Parsons Brinkerhoff, Newman Associates, and Powers Fasteners. The family is represented by Denner & Pellegrino, LLP.

39-year-old Milena Del Valle was crushed by the weight of the concrete slabs that fell onto the motor vehicle she was in. Her husband Angel, who was driving the car at the time of the accident, sustained minor injuries in the tunnel ceiling collapse.

A report released by the National Transportation Board last year found that a different kind of epoxy should have been used in the tunnel’s construction. The report placed blame for the deadly collapse on designer Gannett Fleming, construction contractor Modern Continental, Big Dig project manager Bechtel/Parsons Brinkerhoff, and Powers Fastener, which provided the epoxy.

The Massachusetts Turnpike Authority has called the 2006 tunnel collapse a colossal oversight failure by previous administrations and says that now that it is in charge of the tunnel, it has finished a detailed overview of the construction project and developed an inspection plan to prevent future fatal accidents.

Since construction of the Big Dig tunnel began, the project has had experienced a number of construction problems, including failing debris and leaks. Earlier this year, Bechtel/Parsons Brinckerhoff and 24 design companies reached a $458 million settlement agreement with the state of Massachusetts so they would not be criminally charged.

Massachusetts wrongful death cases can be complex cases to prove, and there may be more than one party liable for you death caused by another person's negligence in a motor vehicle crash or because of a defective product.

$28M settlement reached in Big Dig death lawsuit, AP, October 2, 2008

Family to get $28m in Big Dig death, Boston.com, October 1, 2008

:Related Web Resources:

Concrete falls, and a couple's joy is destroyed, Boston.com, July 12, 2006

The Big Dig, Massachusetts Turnpike Authority

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Products Liability , Wrongful Death

Bookmark:

A Massachusetts three-car collision close to the Mendon town line this weekend left two Milford men with serious injuries, while four others were also treated for minor injuries at a local hospital. The auto crash happened on Saturday afternoon on Hartford Avenue when a Ford pickup truck hydroplaned, colliding with two cars.

Preliminary details indicate that the pickup truck driver turned sideways and drove into the path of the other two vehicles after hydroplaning. The pickup truck driver, 32-year-old Milford resident Nelson Pacheco, and his passenger, Kenneth Doyle sustained serious injuries from the crash.

The two passengers of the Toyota Sequoia that struck Pacheco’s pickup suffered minor injuries, as did the two people riding the black Hyundai that was also involved in the multi-vehicle collision. All of the victims were treated at Milford Regional Medical Center.

Bellingham say that weather was a factor in causing the auto injury accident and an investigation is ongoing. The Central Massachusetts Accident Reconstruction Team is also looking into the cause of the crash.

Insurance.com Offers a Number of Tips for Driving in Wet Weather, Including:

• Don’t drive too fast.
• Do NOT slam on the brakes if your car skids.
• Make sure there is a safe amount of distance between you and other cars.
• Make sure that you pay extra attention when driving.
• Make sure your tires are in good condition.

Negligent driving even when weather conditions are bad can be grounds for a Boston personal injury claim or lawsuit if anyone is injured as a result.

Two Milford Men Injured in Crash, The Milford Daily News, September 28, 2008

Wet-Weather Driving Tips, Insurance.com

Related Web Resource:

Safe Family: Driving in wet weather, KXII.com, August 19, 2008

Continue reading "Two Massachusetts Men Seriously Injured in Multi-Crash Near Mendon Town Line" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

General Motors has announced the recall of 944,000 motor vehicles due to concerns that a fire could break out in the vehicles’ heated windshield washer fluid system. 850,000 of the vehicles recalled are in the US. According to GM, If the circuit board that controls the system experiences a short circuit, a grounding wire could overheat. This could lead to other electrical components malfunctioning and in rare instances, a fire could break out.

The auto manufacturing giant says that it knows of at least three incidents in which fires broke out in GM motor vehicles because of this problem. Two vehicles belonged to GM’s fleet of test automobiles. No injuries have been reported. The Chicago Tribune, however, is reporting nine fires stemming from the auto parts defect. As part of the recall, GM dealers will install a device that will allow the system to shut down if a short circuit happens.

Car Fires
Car fires can cause serious injury to drivers, passengers, and others. They can result in toxic or deadly gases, such as carbon monoxide, being emitted from a vehicle.
Car fires can generate heat as hot as 1500 degrees Farenheit, with flames from that potentially extending as far out as 10 feet and beyond. A motor vehicle fire can lead to a deadly explosion, especially when fed by the gas in an automobile's tank.

According to the US Fire Administration, in 2006:

• There were 278,000 auto fires.
• 490 people died in these fires.
• 1,200 others were injured.

GM recalls 850,000 vehicles over fire risk, ChicagoTribune.com, August 30, 2008

Electric fault spurs big GM recall, Reuters, August 29, 2008

Car Fires: What You Need to Know to Be Safe, Kids Safety Klub

Related Web Resources:

Electric fault spurs big GM recall, Reuters.com, August 29, 2008

The Recalls Summary (Includes the list of GM Vehicles that are part of the recall), NHTSA

General Motors

US Fire Administration

Continue reading "Fire Hazard Prompts General Motors to Recall 944,000 Motor Vehicles" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

Officials in Massachusetts came together on Wednesday to warn motorists of the dangers of operating under the influence of alcohol or drugs. The warning comes two days before the start of the three-day Labor Day holiday and is part of the state’s "Drunk Driving. Over the Limit. Under Arrest" efforts, which runs from August 13 until September 3, 2008.

According to Massachusetts State Police Superintendent Col. Mark. F. Delaney, “We want people to enjoy themselves, but we want them… -- if they are driving -- absolutely sober." During this latest initiative, Massachusetts state and local police will conduct more patrols to apprehend anyone driving under the influence of alcohol and drugs and prevent more traffic injuries and deaths from happening.

The National Highway Traffic Safety Administration says that there were 174 drunk driving-related deaths in Massachusetts in 2006. Meantime, the number of people arrested over the last few years for OUI in the state has increased from 3,860 in 2006 to 4,879 in 2007. Nationally, in 2007, there were 12,998 alcohol-related deaths.

According to Mothers Against Drunk Driving’s Massachusetts chapter Communications Director David DeIuliis, out of every three people, one person knows someone that was hurt or died in an auto accident caused by a drunk driver.

In addition to efforts by state and local agencies to stop drunk driving, Massachusetts State Police are suggesting that people:

• Drive sober.
• Drive no faster than the designated speed limits.
• Refuse to get in the car with a drunk driver.
• Call 911 if they see anyone driving drunk.
• Wear safety belts.

Drunk driving accidents are often catastrophic accidents, and the ones that suffer the most are the victims and their loved ones. You and your family may be entitled to personal injury compensation.

Police Step Up Highway Patrols For Holiday, WCVB.com, August 27, 2008

Drunk driving initiative under way, WickedLocal.com, August 20, 2008

Related Web Resources:

Drunk Driving. Over the Limit. Under Arrest, Mass.gov

Impaired Driving, CDC.gov

Continue reading "To Prevent Massachusetts Drunk Driving Accidents Over the Labor Day Weekend, Officials and Police Warn Motorists Against Driving Under the Influence of Alcohol or Drugs" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

This month, the National Highway Traffic Safety Administration released its 2007 Annual Assessment of Motor Vehicle Traffic Crash Fatalities and People Injured data. Statistics for last year indicate a 3.9% percent decrease in traffic accident fatalities between 2006 and 2007.

Overall traffic accident deaths for 2007 was 41,059, down from 42,708 in 2006, with injuries also decreasing from 2,575,000 in 2006 to 2,491,000 in 2007.

Other 2007 US Traffic Facts:

Passenger vehicle deaths: 28,933
Injuries: 2,221,000

Motorcycle deaths: 5,154
Injuries: 103,000

Pedestrian Deaths: 4,654
Injuries: 70,000

Bicyclist Deaths: 698
Injuries: 43,000

Large Truck Occupant Deaths: 802

The NHTSA also provided 2007 traffic accident statistics for the state of Massachusetts: 417 deaths.

According to US Transportation Secretary Mary E. Peters, the decline in total motor vehicle deaths can be attributed to more aggressive law enforcement measures at both the state and federal levels, as well as the manufacturing of safer motor vehicles.

Read the Summary of the 2007 Annual Assessment of Motor Vehicle Traffic Crash Fatalities and People Injured (PDF)

Related Web Resources:

Massachusetts Highway Department

National Highway Traffic Safety Administration

Continue reading "NHTSA Releases 2007 Traffic Accident Statistics" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Bus Accidents , Car Accidents , Motorcycle Accidents , Pedestrian Accidents , Truck Accidents , Wrongful Death

Bookmark:

An Andover resident and his family are suing the town for personal injuries he suffered when he was hit by a police car. Christopher “Gerry” Lohan was shoveling snow in his driveway last December when the accident happened. Officer Daniel Devine was driving the police cruiser.

Lohan, 39, suffered a fractured leg. He continues to have problems climbing and descending stairs and walking long distance and his still taking pain medication. A titanium road and screws were inserted in his leg. Lohan’s lawyer says his medical costs are up to $120,000.

Lohan and his family are seeking $400,000 in damages. Under Massachusetts law, a municipality can pay no more than $100,000 max per injury claim against it. The family has filed four separate claims. One claim for injuries and three claims for loss of comfort, care, consortium, and services on behalf of Lohan’s wife and their two sons.

Lohan’s attorney says that Devine was driving at a negligent speed and was not driving safely for the current weather conditions, which caused his vehicle to swerve across the road, crash into the snowbank, and hit Lohan.

As a result of the crash, Lohan flew into the hood and windshield of the police vehicle before being thrown 10-15 feet. The police car continued driving for about 25 feet before stopping. Andover police claim the crash happened because of weather conditions rather than speeding.

Serious injuries caused by a motor vehicle collision can require extensive and costly medical care. Not only must the victim contend with the physical hardship that comes with recovering and/or living with an injury, but he or she may not be able to return to work or complete tasks necessary to take care of a family or household.

Andover resident seeks damages for being hit by police cruiser, The Eagle-Tribune.com, August 13, 2008

Man hit by cruiser while shoveling driveway, AndoverTownsman.com, December 20, 2007

Related Web Resources:

Andover, MA

Andover Police Department

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Personal Injury

Bookmark:

In Chelmsford, Massachusetts, a multi-vehicle crash involving a tractor-trailer, a car, and a pickup truck on Interstate 495 today left one person dead. The traffic accident occurred when a Dodge Intrepid hit a Kenworth tractor-trailer.

The tractor-trailer driver then lost control of his truck, which crossed the median before hitting a Chevrolet Silverado pickup truck in a head-on collision. The driver of the pickup truck, Charles Butzer, died in the crash. Jody Anderson, the tractor-trailer driver, was treated for minor injuries at Lowell General Hospital.

Police are conducting an investigation to determine the cause of the crash. They say that thunderstorms may have contributed in causing the fatal auto collision.

With Massachusetts traffic accidents involving multiple parties, it is important to work with a Boston motor vehicle crash lawyer that has the resources and connections to work with experienced accident reconstructionist experts that can examine the vehicles involved and the accident scene to determine what caused the crash. There may be more than one party that can be held liable for injuries or wrongful death.

If someone you love has died because of a negligent driver or another liable party, Massachusetts’s wrongful death law allows you to sue for wrongful death.

1 Dead In Pickup, Tractor-Trailer Crash, WCBV.com, July 24, 2008

Related Web Resource:

Massachusetts Wrongful Death Law

Continue reading "One Fatality in Massachusetts Crash Involving Tractor-Trailer, Car, and Pickup Truck in Chelmsford" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Truck Accidents , Wrongful Death

Bookmark:

In Massachusetts, Michael Faria, the man charged in connection with a fatal hit and run accident in Easton on Saturday may have been text-messaging when the accident occurred.

According to a Bristol County prosecutor, Faria told a friend that he was texting on his cell phone when his car struck John McCarthy. The 58-year-old pedestrian had been walking close to Washington Street when he was struck.

Prosecutor Jessica Lennon says that Faria’s failure to call for help may have been the cause of McCarthy’s death—who may have survived the accident if he had received medical help sooner. Another motorist contacted 911 about 25 minutes after the accident happened.

McCarthy was wearing a reflective vest when the accident happened. Easton police believe that he was on the shoulder of the road when Faria allegedly struck him. While no one witnessed the accident, police found a small fragment from what was the wheel well of a black Infinity SUV.

Easton police publicized the information, and they received an anonymous phone call on Monday that eventually led them to Faria, who turned himself in after several hours of negotiations over the phone.

Faria pleaded not guilty to homicide by motor vehicle, leaving the scene of the accident, and operating to endanger.

Driver negligence and inattention are common causes of catastrophic injury accidents to pedestrians and other motorists. All motorists are required to exercise a reasonable duty of care when behind the wheel. When failure to fulfill this care leads to serious injury or death, a driver can be held liable for personal injury or wrongful death.

Examples of motorist negligence:

• Failure to obey traffic signs or laws
• Drunk driving
• Speeding
• Failure to exercise caution on the road
• Text messaging or talking on the cell phone while driving
• Reckless driving
• Hit and run
• Leaving the accident scene

Prosecutor: Hit-and-run defendant was text-messaging, Boston.com, July 16, 2008

Fatal hit-run puts scrutiny on texting, BostonHerald.com, July 17, 2008

Related Web Resources:

Outlawing Text Messaging While Driving, US News and World Report, February 11, 2008

The Tragedy of Fatal Hit and Run Accidents on America's Deadly Roads, Deadly Roads.com

Continue reading "Massachusetts Man that Struck Pedestrian in Hit-and-Run Accident May Have Been Text Messaging" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Pedestrian Accidents , Wrongful Death

Bookmark:

Anne Ferreira, the Raynham, Massachusetts woman who drover her 1996 Toyota Camry sedan the wrong way on the Route 25 freeway on March 11, is being charged with DUI.

She crashed her sedan into a 1997 Buick LeSabre sedan. Both Ferreira and the driver of the sedan, 65-year-old New Bedford resident David McGowan, had to be pried from their motor vehicles. McGowan suffered serious injuries in the car accident and was taken to Massachusetts General Hospital in Boston.

Massachusetts State Police said that a preliminary investigation found that Ferreira was driving under the influence of alcohol.

Drunk driving is considered reckless or negligent behavior and can lead to a personal injury or wrongful death lawsuit if another person is injured in a motor vehicle collision as a result.

The National Highway Traffic Safety Administration says that drunk drivers can experience problems in maintaining the proper lane position (including weaving, drifting, swerving, turning with a wide radius, difficulty braking, speeding problems), vigilance problems (including driving into opposing or crossing traffic, signaling that is inconsistent with driving actions) and judgment problems, such as deciding to turn illegally and driving the wrong way down a road.

The consequences of drunk driving on the driver, his or her passengers, people in other cars, and pedestrians can be catastrophic. Of the 442 traffic fatalities that occurred in Massachusetts in 2005, 171 of them were alcohol-related.

Woman in wrong-way charged with DUI, Wickedlocal.com, March 20, 2008

The Visual Detection of DWI motorists, NHTSA

Related Web Resources:

Impaired Driving, CDC

Massachusetts Drunk Driving Statistics, AlcoholAlert.com

Continue reading "Raynham, Massachusetts Drunk Driver Involved In Injury Accident While Driving The Wrong Way" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

Approximately 87,000 Massachusetts drivers have been in at least two motor vehicle accidents from 2002 through June 2007. 8,400 of these drivers have been in three crashes. Some 1,100 were in four auto collisions. Some 220 people have been in at least five accidents. Yet a number of these drivers continue to return to the roads. There are 4.7 million Massachusetts drivers.

The Boston Globe looked at 750,000 accident records from the Registry of Motor Vehicles. According to the study:

• Males are more frequently involved in motor vehicle accidents than females.
• Drivers 25 years of age and under are involved in 30% of the crashes.
• Fridays, after midnight, and after rush hour are the times when accidents are most likely to occur.

According to state and public safety officials, common causes of motor vehicle accidents in Massachusetts include:

• Negligence
• Aggressive driving
• Driver inexperience
• Bad road designs
• Bad weather

In one recent deadly hit and run accident, the driver, Craig P. Bigos had at least six tickets and two motor vehicle crashes on his driving record. He was also driving with an expired license. Bigos allegedly hit a 13-year-old pedestrian while text messaging. He faces a motor vehicle homicide charge.

In 2004, a repeat offender heading to a methadone clinic struck a 55-year-old man in Kingston. In 2005, a 76-year-old Upton farmer, who has been in five accidents in six years, drove his tractor into a truck driven be an off-duty cop.

Accidents waiting to happen, Boston.com, February 10, 2008

Related Web Resources:

Massachusetts Registry of Motor Vehicles

2004-2006 Massachusetts Crash Statistics

Continue reading "Thousands of Massachusetts Drivers Have Been Involved In Multiple Motor Vehicle Accidents " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Bus Accidents , Car Accidents , Pedestrian Accidents , Personal Injury , Truck Accidents , Wrongful Death

Bookmark:

A brawl between two truck drivers, one fatality, two multi-car collisions, a car fire, and series of fender benders slowed morning traffic for commuters on different freeways in Eastern Massachusetts.

Massachusetts State Police say that two tractor-trailer drivers were reportedly involved in a physical altercation on the side of the road on Route 295 S at the 1B exit in North Attleboro. The fight reportedly occurred after a car fire on Route 95 caused traffic to stall. By the time police arrived at the scene, however, the fight was already over.

On 495N in Andover, one person died in a three-motor vehicle collision. State police are also reporting a series of minor collisions on Route 95 in North Attleboro, Mansfield, and Foxboro. More motor vehicle crashes also occurred in Chelmsford on Route 93, while a tractor-trailer rollover slowed traffic on Route 97 in Georgetown. Another three-car collision occurred on the Masspike eastbound in Framingham.

If you were injured or sustained serious property damage in a motor vehicle collision anywhere in Massachusetts, you should speak with a Massachusetts personal injury attorney immediately.

Steps To Take If You Are In A Motor Vehicle Crash In Massachusetts:

• Stop your vehicle.
• Pull off to the side of the road.
• Notify police of the accident so that they can arrive at the scene and file a report.
• If you are injured, allow medics to assist you at the scene.
• Get the contact and driver’s information of the other drivers involved in the crash.
• Get the contact information of any witnesses.
• Write down as many details as you can about the accident.
• Contact your insurance company right away.
• If you sustained serious injury or property damage, contact a Massachusetts personal injury attorney.

You have three years from the time of the accident to file a car accident lawsuit in Massachusetts.

Breakdown brawl, crashes stall Monday morning commute, Boston Herald, January 28, 2008

Related Web Resources:

Limitations of Personal Actions, General Laws of Massachusetts

Motor Vehicle Accident Statistics

Continue reading "Multi-Vehicle Car Collision in Eastern Massachusetts Kills One Person During Monday Morning Commute " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

Dubbed Boston’s “most dangerous intersection,” the corner of Walk Hill Street and American Legion Highway has been the scene of 97 motor vehicle accidents in four years. Residents in the area think that this calculation is on the low end and they call the busy intersection “Kamikaze Way.”

The most recent major vehicle collision at the intersection occurred last December between an SUV, another motor vehicle, and an MBTA bus. Seven people were injured.

The intersection, located in Roslindale, is nestled in between a nature preserve, a cemetery, and strip malls. Neighbors, however, say that the intersection is a popular location for late-night drag races.

Speeding during the day reportedly occurs frequently—as drivers try to beat traffic lights before they turn red. Crossing the intersection is considered by some to be a life threatening experience and some residents say that the sounds of cars colliding several times a day is not uncommon.

For years, residents have been asking Boston officials to improve the intersection. But a disagreement between the state of Massachusetts and the city of Boston on how to make the improvements had delayed the process.

Last year, the Boston Transportation Department began implementing its own improvements, securing its own funding without the help of the Massachusetts Highway Department. Since the project began, Turn lanes have been added, traffic lights are being replaced, roads have new surfaces, curb roads have been heightened, and new bike lanes and street lanes are being added. The project will cost the city of Boston $9 million.

The Boston Police Department has extra troopers patrolling the area to keep drivers on their best behavior while crossing the intersection. Boston Police Captain Frank Armstrong, however, says that the 30mph speed limit sign on American Legion is poorly lit at night.

State and city officials are supposed to make sure that streets, avenues, freeways, intersections, turn lanes, curb roads, traffic signs, and traffic lights are in the safest working condition possible to minimize the chances of a Massachusetts traffic accident occurring.

If your accident occurred because the design of an intersection is faulty, a traffic sign was not working properly, or any other reason that could have been avoided had state or city officials taken the proper steps to ensure that conditions of the road where your injury collision occurred were safe and in proper working order, you may be able to file an injury claim or lawsuit against Massachusetts or the city where the accident occurred.

Help on way for city's most dangerous intersection, Boston.com, January 22, 2008

Related Web Resources:

Massachusetts 2006 Five Percent Report, FHWA Safety

Boston Transportation Department

Continue reading "Boston, Massachusetts Shells Out $9 Million to Fix Its Most Dangerous Intersection" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

The Massachusetts Supreme Judicial Court issued a ruling earlier this week that says a doctor can be sued for personal injury if his patient caused a deadly car accident.

The case before the SJC involved a mother who wants to sue a doctor because he allegedly did not warn his patient that taking his medication could cause him to become a dangerous driver. The doctor, Dr. Roland Floria, practices medicine in Brockton, Massachusetts.

On March 22, 2002, Floria's patient, David Sacca, 75, passed out while driving his car. His vehicle swerved off the road and struck Kevin Coombes, 10, who was standing on the sidewalk. Coombes died of his injuries from the accident. Dr. Floria had prescribed oxycodone, prednisone, Zaroxolyn, Paxil, potassium, furosemide, oxazepam, and Flomax to Sacca. Side effects of these drugs can include fainting, drowsiness, and dizziness.

In the court’s lead opinion, Justice Roderick L. Ireland compared Dr. Floria’s failure to warn Sacca about his medications’ side effects to a bartender giving a drunken customer a drink. He said that the physician’s duty of care includes "all those foreseeably put at risk by his failure to warn about the effects of the treatment he provides to his patients."

This is the first time that Massachusetts’s SJC has issued such a ruling. Two earlier state Superior Court rulings had held doctors liable when their patients struck a pedestrian and biker. The ruling by the SJC, however, could make it easier for similar lawsuits holding doctors accountable for their patients’ actions to follow.

Dr. Dale Magee, the head of the Massachusetts Medical Society that represents the majority of Massachusetts’s doctors says that the ruling “may do more harm than good.” Magee noted that doctors should warn patients of possible medicinal side effects. He expressed concern, however, that informing a patient of every possible scenario could stop them from taking their medication.

The Supreme Judicial Court’s ruling paves the way for a wrongful death trial to determine whether Floria is liable for the boy’s death. Prior to this ruling, a doctor’s liability regarding failure to warn ended with the patient. Now, a physician’s liability could extend to “foreseeable” third parties and nonpatients.

If you or someone you love was injured in a car accident, truck crash, bicycle collision, or pedestrian accident anywhere in Massachusetts, you should contact a personal injury lawyer immediately.

Mass. Supreme Court Expands Doctors' Liability to Nonpatients, Insurance Journal, December 11, 2007

SJC ruling adds to doctor liability, Boston.com, December 11, 2007

Related Web Resources:

Massachusetts Supreme Judicial Court

Continue reading "Massachusetts Supreme Judicial Court Rules that Doctor Can Be Liable if Patient Causes Motor Vehicle Accidents" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Medical Malpractice , Wrongful Death

Bookmark:

Sagamore residents Kelly Downing and Jayne Hill died on November 29 after their motor vehicle was hit by a Ford Taurus driven by 61-year-old Carol Ducey in Wareham, Massachusetts.

Police think that the fact that Ducey, a Wareham resident, may have had a seizure or stroke while driving, which is what could have caused her to lose control of her car.

Ducey’s Taurus reportedly first crossed the double yellow lines and struck a Lincoln Navigator and a Cape Cod Express truck on Cranberry Highway. The drivers of both those motor vehicles were not injured.

The Taurus, traveling at 60-80 miles an hour, then rammed a street sign and mailbox before striking the Saturn Sedan that Downing and Hill, who had just finished breakfast, were riding in. Their car was totaled. Both women leave behind two 12-year-old daughters.

Ducey was seriously injured in the car crash.

Accidental deaths unfortunately do happen even when the person responsible would never ever dream of intentionally harming another person.

In these instances, the family of the person who died may be able to hold the negligent party civilly liable for the wrongful death.

In Massachusetts, surviving family members can file a wrongful death claim or lawsuit against the party responsible for causing their loved one’s death.

Under the General Laws of Massachusetts, CHAPTER 229. ACTIONS FOR DEATH AND INJURIES RESULTING IN DEATH, a person can be sued for wrongful death if:

1) by his negligence causes the death of a person;
(2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted;
(3) operates a common carrier of passengers and by his negligence causes the death of a passenger;
(4) operates a common carrier of passengers and by his willful, wanton or reckless act causes the death of a passenger under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted; and
(5) is responsible for a breach of warranty arising under Article 2 of chapter one hundred and six which results in injury to a person that causes death.

Two women dead, a third seriously injured, in Wareham car accident, SouthCoast Today, November 30, 2007

Chapter 229: Section 2. Wrongful death; damages, The General Laws of Massachusetts

Related Web Resources:

Massachusetts Highway Department

Massachusetts Highway Crash Statistics

Continue reading "Two Massachusetts Women Are Killed in Deadly Wareham Car Collision" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Wrongful Death

Bookmark:

A WBZ-TV report states that Massachusetts state troopers are responsible for close to 500 of the motor vehicle crashes that have occurred on state roads since the turn of the century.

According to the study, close to 120 police officers have had at least four accidents since 2000, with speeding, inattentiveness, and following other vehicles too closely being among the common causes.

State police information shows that most of these collisions took place when troopers were heading to work or during regular patrols and when the weather and roads were in good condition.

In more than half of the crashes that took place, senior state police cleared the officers involved in the motor vehicle collision from blame. Senior officers found police partially to blame in only 7% of cases. Troopers were found responsible for 19% of the accidents.

Just because police are allowed to chase after suspects doesn’t mean they should not be held accountable when a person is injured because a police officer was negligent, careless, reckless, or speeding unnecessarily.

Police chases are sometimes unavoidable. It is unfortunate, however, that 33 to 40% of the people hurt or killed in police chases are innocent bystanders that just happen to be on the road—either as a pedestrian or a motorist—when the pursuits have taken place.

If you or someone you love was hurt anywhere in Massachusetts because a motor vehicle driver was negligent—even if the driver was a police officer—you should speak with a Massachusetts personal injury lawyer right away to find out if you have grounds to file a personal injury claim or lawsuit.

In 2006, there were 38,588 deadly motor vehicle collisions in the United States resulting in 42,642 deaths. Not only did these people lose their lives but their loved ones’ lives were altered irrevocably also.

You are entitled to wrongful death compensation if your loved one died on a Massachusetts road because of a negligent driver. There may even be more than one party that can be held liable for the personal injury accident.

Report: Troopers Have Caused Nearly 500 Crashes in Last 7 Years

Fatality Analysis Reporting System, NHTSA

Related Web Resource:

National Highway Traffic Safety Administration

Continue reading "Massachusetts State Troopers Responsible for Almost 500 Motor Vehicle Accidents Since 2000" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

Kathleen Vasa, the Massachusetts widow of the doctor who died when his 76-year-old cancer patient crashed her motor vehicle into the hospital’s radiation therapy unit where he worked, is suing the driver, Jane Berghold, for wrongful death.

Berghold, who crashed her car into the hospital on October 15, claims that she tried to stop the car but the brakes wouldn’t work. She has been charged with two counts of vehicular homicide by negligent operation and one count of operating to endanger.

Susan Plante, a 59-year-old hospital worker, also died from her injuries.

Wrongful Death
A person’s death is considered a “wrongful death” when the death occurred because another person, company, or entity acted negligently, carelessly, recklessly, or irresponsibly. Usually, only immediate family members can file a wrongful death claim or lawsuit.

Damages awarded in a wrongful death lawsuit usually take into account the financial and emotional costs that the loved one’s loss may have on surviving family members. Loss of emotional and financial support, medical and funeral expenses, loss of companionship, loss of benefits, and loss of inheritance are among the factors that can be taken into consideration. In certain cases, a plaintiff in a wrongful death case may also be awarded punitive damages to punish the defendant for their actions.

In Massachusetts, the Massachusetts Wrongful Death Statute describes how a wrongful death statute would be divided among surviving family members:

• If there is a surviving spouse and no children, but there are other relatives -- the spouse takes the first $200,000, and 1/2 of the remainder of the estate. The next of kin takes balance.

• If the deceased left behind a spouse and children -- spouse takes 1/2 and children receive the remaining balance.

• If there are no children or relatives-- the surviving spouse takes all.

• If the spouse is deceased, then everything goes to the children to be divided equally between them.

• If there is no spouse or children, the parents are the beneficiaries of a wrongful death award.

• No spouse, children or parents --shares then proceed to the brothers and sisters or descendants of deceased siblings divided equally among those in the same generation.

• No one listed above -- Whoever is the next closest in kinship, takes all.

Widow sues driver in hospital crash, Boston Globe, November 1, 2007

Massachusetts, Summary of State Wrongful Death and Intestacy Statutes

Related Web Resources:

Second person dies following car crash into hospital entrance, Boston Globe, October 16, 2007

Massachusetts Wrongful Death Statute

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Wrongful Death

Bookmark:

A Massachusetts doctor and a hospital secretary are dead following Monday’s tragic car accident involving a cancer patient who accidentaly drove her Oldsmobile into Brockton Hospital’s radiation center.

76-year-old Rockland resident Jane Berghold crashed her car through a glass door and into the center. She is a breast cancer patient at the center. Berghold was going to the hospital to give an X-ray Dr. Mark Vasa, to her radiation oncologist, who was Vasa was killed in the accident. Vasa was the chief radiation oncologist in charge of the center.

Susan Plante, a 60-year old hospital secretary who had worked at the hospital for two decades, died because of the catastrophic internal injuries she sustained in the crash. She had been taken to Massachusetts General Hospital. Two other hospital employees working at the reception desk sustained injuries.

Robert Berghold, Jane Berghold’s husband, says that his wife has a solid driving record and was never involved in a major car accident before this one.

Senior Drivers
Statistically speaking, senior drivers over 75 years of age tend to be at higher risk of being involved in car accidents than their younger counterparts, by 37%--whether as accident victims or as the driver responsible for the motor vehicle accident. Poor vision at night, drowsiness from medication, confusion, impaired memory, and decreased motor skills can easily affect the driving skills of some elderly drivers.

In Massachusetts, about 7,500 seniors over 68 years of age either lose their license after failing a road or eye test or they let their license expire. That said, many drivers 60-70 years of age are also considered to be among the safest drivers. Some states have specific driving laws focusing on elderly drivers. Massachusetts does not have a special driving law for seniors.

If you were injured or someone you love was killed in a car accident that was someone else’s fault, you may be able to file a personal injury or wrongful death claim or lawsuit against the negligent party.

Speeding, talking on the cell phone or text messaging while driving, drunk driving, aggressive driving, reckless driving, or careless driving are also common causes of motor vehicle crashes—regardless of a person’s age. A defective motor vehicle part, such as faulty tires or defective breaks, or a defective motor vehicle can also result in car accidents where a passenger or bystander can get injured or killed. In these instances, the motor vehicle manufacturer could be held liable in a products liability lawsuit.

Second person dies after car crashes into Brockton Hospital, Boston.com, October 16, 2007

Second Death Confirmed In Hospital Car Crash, WCVB.com, October 16, 2007

How Old Is Too Old Behind The Wheel?, AP, July 17, 2003

Senior Citizen Drivers: Are They Menace? Should Licensing Laws Be Tougher?, Senior Journal, June 16, 2005

Related Web Resources:

Brockton Hospital

Continue reading "Massachusetts Doctor and Hospital Worker Are Dead and Six Others Injured After Patient Drives Car Into Brockton Radiation Center" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Wrongful Death

Bookmark:

The new changes to the Junior Operator License Law takes effect today. The revised law mandates that driving students must log in more driving time with driving teachers and parents.

Parents of teen drivers will also spend two hours in class learning about the driver’s education program. The changes will hopefully help teen drivers become safer drivers on Massachusetts’s roads so that less car accidents and personal injuries will occur.

Under the revised law, teen drivers will still have to spend 30 hours in a classroom studying driving. They will now also have to take 12 hours of driving lessons in a car. An additional 40 hours will have to be spent driving with a parent or another adult.

Not only are teenage drivers at higher risk for getting injured or killed in a car crash, but their experience on the roads increases the chances of other drivers and pedestrians also sustaining injuries in a motor vehicle crash.

The Registry of Motor Vehicles says that in 2005:

• 33% of all 16-year-old drivers were involved in a motor vehicle collision.
• 19% of all 17-year-old drivers were in involved in a traffic crash.
• 14% of all 18-year-old drivers were involved in accidents.

According to Teendrivinginfo.com:

• Annually, 7,887 (14% of all drivers) 15-20 year-old drivers are involved in fatal traffic crashes.
• Each year 2,008 16 to 17-year-olds die in automobile crashes.
• Crash rates are the highest for teens during the 1st six months & 1,000 miles after licensure.

Injuries sustained in a motor vehicle accident can be very serious and costly, which is why you should speak to a personal injury attorney if you have been injured in a traffic collision because another driver behaved recklessly or negligently.

Junior driver license law mandates parental role, Telegram.com, August 30, 2007

Teen Driving Information for Everyone

Related Web Resources:

The Massachusetts Registry of Motor Vehicles

Teen Drivers, DMV.org

Continue reading "To Prevent Personal Injuries and Motor Vehicle Accidents in Massachusetts, Junior Operator License Law Calls For Teen Drivers to Spend More Time Driving With Adults " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Injuries to Minors

Bookmark:

A 56-year-old South End female pedestrian who was seriously injured in a hit-and-run accident when she was 6 years old has lost her leg in another hit-and-run accident.

Donna Mills had her leg amputated on August 1 after she was hit by a tractor-trailer while crossing Huntington Avenue near Symphony Hall on July 30. She is recovering from surgery at Radius Specialty Hospital. The driver of the tractor-trailer left the accident scene.

As a child, Mills sustained permanent brain damage and a permanent leg injury when she was struck in a hit-and-run car accident in Boston. No one was ever charged in that crime.

Mills was struck while walking the route that she would travel daily. Police are looking for the driver of the tractor-trailer. Witnesses say the tractor-trailer had the word “FABIAN” in red letters on its side.

If you or someone you love has been seriously injured in a hit-and-run accident, not only has the negligent driver committed a crime, but he or she can be held liable for your personal injury accident and you can file a claim for recovery.

As a victim of a hit-and-run accident, not only are your dealing with the pain and suffering that comes from being injured, recovering from the accident, and finding a way to get your bills paid for, but you are also dealing with the trauma of being struck by a person who has tried to escape responsibility and accountability for your injuries by leaving the accident scene. By fleeing the accident site, the negligent driver has also become a criminal who has made you the victim of his or her crime.

What You Can Expect to Recover as a Victim of a Motor Vehicle Accident in Massachusetts:

• If you were riding a car at the time of the accident, your insurance will cover the first $2,000 of any costs related to your injury accident.
• If you were a bicyclist or a pedestrian who was injured by a car, truck, or motorcycle, then the insurance company of the negligent party has to cover the first $2,000.
• Your insurance company will be asked to cover any medical costs above the first $2,000. If you are able to recover money from a personal injury claim, your health insurance company may be able to collect what it spent from these damages.

Victim twice hurt in hit-runs loses leg, driver sought, Boston Herald, August 26, 2007

Related Web Resources:

Auto Accident Claims

Hit and Run 2004 Statistics, Deadlyroads.com

Continue reading "Massachusetts Woman Is Injured and Loses Leg in Tractor-Trailer Hit-and-Run Accident " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents , Pedestrian Accidents

Bookmark:

Milton firefighter Antonio Pickens is in critical condition at Beth Israel Hospital in Boston, Massachusetts after being run down by an alleged drunk driver on Saturday. Pickens sustained massive injuries to his head and body when he was hit by a black Buick LeSabre Sedan while assisting motorists involved in a minor fender-bender outside the fire station where he works on Blue Hill Avenue.

Sustaining massive head injuries in a car accident can be very serious, especially if the head injuries result in traumatic brain injuries (TBI), such as hematoma (brain bruising), nerve damage, concussions, skull fractures, and permanent brain damage. Serious head injuries can lead to prolonged repercussions, including seizures, paralysis, changes in personality, changes in mental ability, loss of full use of any of the five senses, speech problems, and coma.

According to Milton Fire Lieutenant Jack Grant, doctors at the hospital have reattached Pickens’s arm, which was partially severed in the collision. Blood flow has been restored to his leg, which had sustained major arterial damage.

Recent drunk driving statistics say that there were 16,885 alcohol-related deaths in 2005. Approximately 254,000 people sustained injuries in a collision where alcohol was involved. The Federal Bureau of Investigation’s Uniform Crime Reporting Program says that more than 1.4 million drivers were arrested for DUI in 2004.

C.W. Tolbert, the driver of the sedan, pleaded not guilty to charges of third-offense drunken driving, driving drunk, and causing serious bodily injury and negligent driving.

According to Milton officials, the intersection of Atherton Street and Blue Hill Avenue where the accident occurred is one of several busy intersections that needs to be upgraded to ensure that the area is safer for drivers and pedestrians.

Massachusetts Firefighter Hit by Car, Firehouse.com, July 16, 2007

2005 Drunk Driving Statistics, Alcohol Alert.com

Head injury, Medline Plus

Related Web Resource:

Firefighter injuries by type of duty, National Fire Protection Association

Continue reading "Firefighter in Massachusetts Sustains Traumatic Head and Body Injuries After Being Hit By Allegedly Drunk Driver " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Car Accidents

Bookmark: