Disclaimer - By publishing this information on this Web site, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.
August 7, 2010

Boston Tanker Truck Accidents Can Cause Serious Injuries

This week, the National Transportation Safety Board held a hearing to determine what needs to be done to prevent tanker trucks that carry hazardous materials from rolling over. The meeting comes nine months after a tanker rollover accident on I-465 last October that caused a massive fireball, destroyed a bridge column, and injured four people, including the tanker driver. The truck was hauling almost 12,000 gallons of liquefied petroleum.

Because cargo tanker trucks are designed with high gravity centers, they have a higher rollover risk than other vehicles. This can prove catastrophic—especially when the truck is transporting hazardous materials.

Consider that 31% of fatal commercial truck rollovers involve tanker trucks. Currently, however, the federal government does not require that manufacturers build trucks with lower gravity centers.

Our Boston tanker truck accident lawyers believe that anything that can be done to prevent such dangerous traffic crashes from happening is a positive step toward saving lives. It is important that Massachusetts truck crash victims realize that they have legal options that can allow them to receive compensation from negligent parties.

According to the NTSB, driver error is responsible for 78% of cargo truck accidents. The safety board is trying to determine whether electronic stability systems, like those required in newer cars, would prevent tanker truck rollovers. Sensors could let a truck’s onboard computer know when the weight is about to change and the brakes would automatically activate until balance was be restored. This could be especially helpful when trucks are driving too fast as they make their way around a curve or are entering or exiting a highway ramp. Approximately 1,260 cargo tanker rollovers occur each year.

It was just last month that the federal government lifted Boston’s temporary ban on hazmat trucks. They can now travel through the city’s North End. While the route should get the trucks through the city faster, some residents are concerned that such hazardous loads are making their way through the area. The city and state are hoping to get a permanent ban in place.

NTSB probes rollovers by hazmat tanker trucks, AP, August 3, 2010

Cause of tanker blast that shut I-465 studied, IndyStar, August 5, 2010

Hazmat Trucks Allowed Again In Boston's North End, WBZ, July 1, 2010


Related Web Resources:
National Transportation Safety Board

National Highway Traffic Safety Administration

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May 18, 2010

Preventing Boston Truck Accidents: City Gets 45-Day Extension Before Ban Barring Commercial Trucks from Transporting Hazardous Materials in the Daytime is Lifted

One day after federal officials lifted the city of Boston’s ban on trucks transporting hazardous materials, the Federal Motor Carrier Safety Admission has given the city a 45-day extension on the ban. However, city officials don't believe this is enough time to finish a safety analysis to justify the need for why the ban should stay in effect.

For the first time 2006, trucks transporting hazardous substances, including gasoline, propane, and oxygen, were allowed for one day to travel between 7am and 6pm through Boston’s streets. Also, whereas before trucks could only travel at night and on a route (Cross Street by the Greenway) that is considered safer because there are more traffic lights, commercial trucks were allowed through Commercial Street in the North End. However, for the next 45 days, the extension puts the old restrictions back in place.

Our Boston truck accident lawyers believe that it is important that trucking companies, truck industry officials, the state, and the federal government continue to do what is necessary to prevent Massachusetts truck crashes and the resulting injuries, exposure to hazardous substances, and deaths that can result. We are here to help Massachusetts truck crash victims obtain compensation from all liable parties.

In other truck safety news, the FMCSA is launching its Pre-Employment Screening Program. Commercial motor carrier companies will now be able to look at driver inspection and crash records when determining whether to hire a prospective candidate. PSP reflects the US Department of Transportation’s commitment to making sure that the safest drivers are the ones driving large trucks and buses.

Boston gets 45-day extension of truck ban, Boston.com, May 18, 2010

FMCSA Launches Pre-Employment Screening Program, US Department of Transportation, May 11, 2010


Related Web Resources:
Federal Motor Carrier Safety Administration

Pre-Employment Screening Program

Continue reading "Preventing Boston Truck Accidents: City Gets 45-Day Extension Before Ban Barring Commercial Trucks from Transporting Hazardous Materials in the Daytime is Lifted" »

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April 15, 2010

$1.8 Million Wrongful Death Settlement Reached Between Massachusetts Methadone Clinic and Mother of 8-Year-Old Girl Killed in Marlboro Truck Crash

Kayla Lackey’s mother Erin has reached a $1.8 million wrongful death agreement with Community Health Care Inc., a for-profit Massachusetts methadone clinic in Chicopee. Kayla was just 8 when she died in a Marlboro truck accident in April 2005 on Route 9. Stephen Fairchild, the driver of the pickup truck that struck the truck that Erin, Kayla, and two of her cousins were riding, was a patient at the clinic. He died from injuries he sustained during the truck crash.

Autopsy findings indicate that at the time of the head-on truck crash, Fairchild’s methadone level was “peaking.” He also had recently used marijuana and cocaine.

In 2007, Kayla’s estate sued the clinic and Putney doctor Walter Slowinski over the truck crash that claimed the young girl’s life. Slowinski, who prescribed anti-anxiety medication to the Fairchild while he was taking methadone, settled with the estate earlier this year.

Fairchild, who had a history erratic driving and heroin addiction, also may have been taking trazodone and an anti-seizure drug. All of the drugs combined likely impaired his driving abilities on April 4, 2005.

According to the wrongful death complaint, the clinic failed to properly monitor the truck driver after giving him “take-home” methadone bottles. The clinic is also accused of failing to make Fairchild take blood tests even though he exhibited physical signs of someone who was abusing drugs. He also missed required sessions, including meetings for counseling, and reported that his prescription drugs had been stolen or lost—another red flag.

Erin, who sustained a severe arm fracture, has ongoing medical bills from the truck crash. Kayla’s cousins, Jacob O’Hearn, then 12, and Joshua O’Hearn, then 4, did not sustain any physical injuries, but they were traumatized.

Massachusetts Wrongful Death Cases
The best way to determine who should be held liable for your loved one's Boston wrongful death is to consult with an experienced injury lawyer about your case.

Mother of crash victim wins $1.8M from methadone clinic, Times Argus, April 10, 2010

Vermont woman awarded $1.8M from Massachusetts clinic, Boston Herald, April 9, 2010


Related Web Resources:
Community Healthcare of Chicopee MA

Wrongful Death, Nolo

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February 5, 2010

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

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" »

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January 29, 2010

US Department of Transportation Bans Commercial Bus Drivers and Truck Drivers from 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

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November 6, 2009

Boston Injury Accidents Caused by Drowsy Driving Are Preventable

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" »

October 2, 2009

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

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 " »

August 28, 2009

Despite Warnings that Drinking Too Much Alcohol Can Cause Boston Car Accidents, Many People Still Overindulge

We all know that driving drunk can result in catastrophic Boston car crashes. Unfortunately, many people still continue to get behind the steering wheel of a vehicle after drinking too much and they risk their lives and the lives of others in the process.

Drunk drivers come from all age demographics and walks of life. New findings, however, are showing that nationally, there has been an increase in the number of women involved in deadly drunk driving accidents. A new report also reveals that it isn’t just young drivers who are prone to binge drinking.

According to the National Highway Traffic Safety Administration, the number of female drunk drivers is becoming a national safety issue. From 1998 – 2007, there has been a 28.8% increase in the number of women arrested for DUI. Currently, impaired women drivers are involved in about 2,000 US traffic deaths each year. In this state, however, between 2008 and 2007 there was a decline in the number of impaired women involved in deadly Massachusetts motor vehicle accidents.

While in 2007, 31 of the 163 women involved in fatal Massachusetts auto accidents had a BAC of .08% or more, there were 103 women involved in fatal Massachusetts traffic crashes last year and 21 of them were legally drunk. Regardless, one inebriated driver on the road is one dangerous driver too many.

Meantime, Duke University researchers and the National Survey on Drug Use and Health are reporting that there is a more significant amount of binge drinking taking place among adults in the 50 – 64 age range than initially thought. While drinking to the point of inebriation is commonly associated with young adults and teens, a new survey, recently published in the American Journal of Psychiatry, found that 9% of women and 22% of men in this older age group binge drink (at least five drinks), with 13% of women and 19% of men reporting that they have at least two drinks a day. Among adults over age 65, 3% of women and 14% of male seniors reported that they binge drink.

Heavy drinking of any kind can definitely pose a health hazard and an injury risk. It can be fatal for a drunken individual to then drive.

Through the end of the Labor Day weekend police, in cities throughout the US are taking part in the campaign Drunk Driving. Over the Limit. Under Arrest. By focusing more of their resources on catching anyone who is driving drunk, the plan is to save lives.

Transportation Secretary Ray LaHood Kicks Off Nationwide Enforcement Crackdown on Impaired Driving, NHTSA, August 19, 2009

Older people, too, knock back 5 drinks at a time, USA Today, August 17, 2009

Related Web Resources:
Alcohol-Impaired Drivers Involved in Fatal Crashes, by Gender and State, 2007-2008, , NHTSA, (PDF)

National Survey on Drug Use & Health

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July 31, 2009

New Study Says Boston Truck Accidents 23 Times More Likely When Texting, and NHTSA Introduces New Truck Braking Standards

The issue of truck safety has been in the news lately. Last week, the National Highway Traffic Safety Administration introduced new braking standards for truck drivers that the federal agency says will save 227 lives a year and prevent 300 serious injuries from happening. The NHTSA’s new standards requires tractor-trailer drivers to improve their stopping distance by 30%. Truckers traveling at 60 mph will now have to come to a complete stop in 250 instead of 355 feet.

Large truck crashes continue to claim more than 4,000 lives a year. In 2008, 4,229 people died in large truck collisions in the US.

With the latest findings issued from a study by the Virginia Tech Transportation Institute, it’s interesting to wonder how many of these truck injuries and deaths could have been avoided if certain large truck drivers hadn’t been texting while driving.

The study found that texting while driving increases a large trucker’s crash risk by 23 times and that texting truckers have been known to spend nearly five seconds just looking down at their phone or PDA—meaning that those few precious moments spent with their eyes off the road are moments when their crash risk increased dramatically.

Our Boston truck accident law firm cannot stress how dangerous it is for a truck driver—or any driver for that matter—to take their eyes off the road for any length of time. The study is quick to point out that it takes a truck just 4.6 seconds while going at a speed of 55mph to travel the full length of a football field.

Massachusetts currently does not have a law banning texting while driving—although this week lawmakers in the US Senate called for all states to ban texting for motorists or suffer a decrease in highway funding. Yet the dangers of this bad habit are not foreign to lawmakers in this state.

In May, a texting Green Line operator caused an MBTA train accident that injured 62 passengers. Aiden Quinn pleaded not guilty to charges of gross negligence. The train traveled for nearly 600 feet and Quinn ran a yellow light and a red light while he communicated with his girlfriend. By the time he took his eyes off the cell phone, the train he was operating was 8 feet from another trolley. The rear-end Massachusetts train crash caused 9 million in property damage.

New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction, Virginia Tech, July 29, 2009

Study: Texting while driving more dangerous for truckers, CNN, July 28, 2009

Tough New Braking Rules For Large Trucks Will Save Hundreds of Lives Annually, NHTSA, July 24, 2009

Green Line operator in court to face negligence charge, Boston.com, July 20, 2009


Related Web Resources:
Air Brake Systems, NHTSA (PDF)

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July 3, 2009

Massachusetts Traffic Deaths Drop 16% to 363 Fatalities in 2008

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" »

January 27, 2009

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

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

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January 11, 2009

Deadly Boston Fire Truck Accident May Have Been Caused By Brake Failure, Says Survivors

Investigators looking into the deadly accident involving a Boston Fire Department ladder truck driving through an intersection and ramming into a high-rise apartment building are examining the vehicle’s brakes. The focus on catastrophic brake failure as a possible cause for the fatal crash comes after reports from survivors that the fire truck’s driver frantically pumped on the brakes in an effort to stop Ladder 26 from flying down Parker Hill Avenue and crashing into the building that housed a computer learning center.

Four children that were working in the center at the time of the Boston truck accident suffered minor injuries and were taken to local hospitals. Fire Lieutenant Kevin M Kelley, who was riding in the fire truck’s front passenger seat, died immediately on impact. Two other firefighters in the backseat of the truck sustained minor injuries. Fire truck driver Robert Bernard O’Neill was released from Brigham & Women's Hospital on Saturday.

Boston Fire Commissioner Roderick Fraser has ordered an outside inspection of the brake systems on 44 Boston fire trucks, which were made by the same manufacturer. While officials are careful to caution that nothing has been found yet to indicate that brake failure was the cause of the crash, the fire truck’s maintenance records indicate that the vehicle has had brake problems in the past.

In 2006, the truck crashed into another building. Fortunately, no one was injured. Also, following a routine inspection in October, a faulty brake hose was replaced.

Video footage from security cameras at different apartment buildings on Parker Hill Avenue showed that the truck driver could have slowed the truck down by purposely driving into other motor vehicles that were parked on the street. However, this could have caused injuries to others.

Fire union officials have complained in the past about poor fire equipment maintenance, including inadequate truck maintenance. The Fire Department board of inquiry is also expected to conduct its own probe into the fire truck accident.
Crash survivors fault the brakes, Boston.com, January 11, 2009

Boston fire truck smashes into building; 1 dead, Associated Post, January 10, 2009


Related Web Resources:

Fire Department - City of Boston

Labor and Workforce Development, Massachusetts.gov

Continue reading "Deadly Boston Fire Truck Accident May Have Been Caused By Brake Failure, Says Survivors" »

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November 25, 2008

One Fatality, One Injury, in Massachusetts Multi-Vehicle Crash Involving Tanker Truck

One woman is dead and five other people sustained injuries in a multi-vehicle collision in Littleton on Tuesday involving an empty tanker truck. The Massachusetts motor vehicle crash occurred at the intersection of Spectacle Pond Road and Route 2a.

According to Fire Chief Stephen Carter, the elderly woman who died was in the vehicle that collided with the truck. The five other accident victims were treated for nonfatal injuries. Massachusetts state police reconstruction workers are investigating the cause of the traffic crash.

According to the National Highway Traffic Safety Administration, 26 large trucks were involved in fatal truck crashes in Massachusetts in 2007. Nationally, 4,584 large trucks were involved in deadly auto accidents last year, while large 76,000 trucks were involved in motor vehicle crashes resulting in injuries.

More 2007 Large Truck Facts (NHTSA):

• There were 413,000 large truck accidents.
• There were 4,808 large truck fatalities.
• 75% of the victims were riding in other motor vehicles.
• 23% of the fatalities were large truck occupants.
• 2% of the accident victims that died were not riding in or on a motor vehicle at the time of the large truck crash.
• One out of nine traffic deaths involved a large truck crash.
• 28% of deadly two-vehicle accidents involved large trucks.
• 101,000 victims were injured in large truck accidents.
• 802 of the injury victims were riding in large trucks.
• 3,601 of the injury victims were riding in other motor vehicles.
• 405 of those injured were not occupying any vehicles at the time of the truck crash (includes pedalcyclists and pedestrians).
• Large trucks have a greater chance than passenger cars of becoming involved in deadly multi-vehicle accidents.
• In 51% of deadly two-vehicle collisions involving a large truck, both motor vehicles were driving forward at the time of the accident.
• In 11% of deadly two-vehicle crashes involving a large truck, the other vehicle was making a turn.

1 dead, 5 hurt in Littleton crash involving tanker, Boston Herald.com, November 25, 2008

Large Trucks Traffic Safety Fact Sheet, NHTSA


Related Web Resource:

Passenger Carrier Safety, FMCSA

Continue reading "One Fatality, One Injury, in Massachusetts Multi-Vehicle Crash Involving Tanker Truck" »

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August 19, 2008

NHTSA Releases 2007 Traffic Accident Statistics

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


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July 30, 2008

One Fatality in Massachusetts Crash Involving Tractor-Trailer, Car, and Pickup Truck in Chelmsford

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

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February 14, 2008

Thousands of Massachusetts Drivers Have Been Involved In Multiple Motor Vehicle Accidents

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

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December 23, 2007

Truck Safety Coalition Lawsuit Wants to Limit Truckers' Work Hours

A coalition of truck safety advocates are asking a federal court to overturn a ruling that allows truck drivers to drive one more hour before taking a break. A new rule, introduced by the Bush Administration in 2003 had increase the number of hours that a commercial trucker can drive during a 14-hour period—from 10 hours to 11 hours—before taking a break.

Parents Against Tired Truckers says that a person’s response reflexes are up to 50% slower after 17 hours without sleep. Driver fatigue is a major cause of truck accidents.

Opponents have already persuaded a federal court on two occasions to reject putting the extended hours into place. The Federal Motor Carrier Safety Administration (FMCSA) currently has an “interim final rule” in place that allows commercial truckers to drive no more than 11 hours a day and no more than 70 hours a week. U.S. Transportation Secretary Mary Peters claims that they have information that proves the rule is safe. The coalition wants the court to enforce its order that strikes down the “hours of service” rule.

Opponents say the rule lets truck drivers operate their trucks on the road 30% more than they were previously allowed to. They claim that this increases the chances of pedestrians, other motorists, motorcyclists, and passengers, getting seriously injured or killed in a truck accident.

If you or someone you love was seriously injured in a Boston-area truck crash or a truck collision that occurred anywhere else in Massachusetts, you should contact an experienced Massachusetts truck accident attorney immediately.

Truck accidents are more complicated to prove than car accidents or motorcycle collisions. Commercial trucking companies and their insurers can be tough to deal with, there are FMCSA rules involved, and specific evidence—including record logs and other evidence that the truck companies may have access to—must be gathered and preserved immediately.

Here are the large truck accident injury and death statistics for 2006:

• 85,984 injuries
• 4,995 fatalities


Lawsuit seeks to limit truckers' hours, CNN.com, December 21, 2007

Court Asked To Stop Extension Of Truck Drivers' Hours, AHN, December 20, 2007

2006 National Truck Crash Facts, Ai.volpe.dot.gov


Related Web Resources:

Truck Safety Coalition

Federal Motor Carrier Safety Administration

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September 7, 2007

Four People Are Injured in Massachusetts When Trailer and MBTA Trolley Collide

An inbound Green Line trolley and a flatbed truck crossing the trolley tracks near Coolidge Corner collided on Tuesday. The crash caused the truck to flip onto its side across the tracks on Beacon Street. Fuel was spilled onto the road. The trolley was carrying 200 passengers and traveling at 10 mph.

The truck’s driver and three passengers that were riding the trolley were taken to area hospitals. They sustained neck and back injuries in the trolley-truck accident.

In Massachusetts:

• Approximately 34 fatal truck accidents occur every year
• 1.075 truck crashes are non-fatal

Common causes of truck accidents include driver fatigue, aggressive driving, defective breaks, tires, or lights, cell phone use, driving longer than the number of hours that are legally allowed, speeding, and failure to properly inspect trucks for maintenance.

Trucks and trolleys, as well as other vehicles designated for public transportation, must follow more stringent safety requirements than the drivers of motorcycles and cars. If these regulations are disregarded and a driver of a truck or trolley causes an accident that injures or kills another person, a personal injury or wrongful death case can be brought against the driver.

There is also a possibility that the truck company or trolley company could be held liable if their actions—or inaction--enabled the accident in any way. The truck in this accident is owned by Rebars & Mesh Inc., a steel and concrete company from Haverhill.

Collisions involving large trucks and other large vehicles frequently lead to serious injury and death. One of the reasons for this is that these kinds of vehicles are so heavy that the damage they inflict upon collision can be catastrophic.

MBTA trolley, flatbed collide; 4 hurt, Boston.com, September 5, 2007

Truck Accidents, Lawcore


Related Web Resources:

Federal Motor Carrier Safety Administration
Massachusetts Bay Transportation Authority
Rebars and Mesh

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