Car Accidents

August 15, 2016

Back to School Safety Month – Kicks Off

With the start of school less than two weeks away in many areas, it’s the perfect time to discuss back to school safety. Whether your children take the bus or you drive them to school every day, there are steps you can take to reduce their risk of serious harm on their way to and from school. As the official Back-to-School Safety Month, August is a great time to remind drivers to use extra caution when commuting to work or transporting kids to school.

Children 14 and Under Most at Risk of Pedestrian Injuries

According to the Centers for Disease Control and Prevention (CDC), a pedestrian is injured every 7 minutes in the United States. In 2013, about 76,000 pedestrians were injured in traffic-related accidents. With the upcoming surge of children walking to and from school and busses, it’s crucial to pay extra attention on morning and afternoon commutes. Children under the age of 14 are most at risk for these types of injuries and deaths due to their lack of experience and small size. The CDC reports that nearly one in five traffic-related deaths for children under 14 are pedestrian deaths.

Back to School Safety Tips for Drivers

Use extra caution, and low speeds, in school zones and residential areas
At intersections, double check for children before accelerating
When entering and exiting driveways, drive slowly and use extra caution
When driving during early morning and afternoon school hours, look for children on and near roadways
Do not drive distracted; put down your cell phone and keep your focus on the road at all times

Back to School Safety Tips for Kids

Until children are at least 10 years of age, they should always cross the street with an adult
Children should always cross the street at corners, and use crosswalks when available
Remind children to never run out into the streets
Never walk between parked cars
When entering or exiting the bus, always walk in front of the bus
Tell children to always make eye contact with drivers before crossing in front of them. It’s never wise to assume a driver can see you
Before crossing a road look left, right, and left again

August 1, 2016

Massachusetts Approves Bill for Background Checks on Lyft and Uber Drivers

by Altman & Altman

House and Senate lawmakers reached a decision late last night regarding online transportation companies like Uber and Lyft. This brings an end to one of Massachusetts’s most high profile political debates. Both chambers approved the bill and have sent it off to Governor Charlie Baker’s office. The final bill that was agreed upon is a product of a six-member committee of House and Senate negotiators who developed a compromise between the two opposing “Uber bills” proposed by each chamber. The final bill includes a state-run background check for Uber and Lyft drivers with a 20-cent-per-ride fee on the companies. In the past, Uber and Lyft have stopped service in several cities in the U.S. for regulations they considered overly oppressive. In this case of legislation, the two companies supported the Senate’s stance on the bill and outwardly condemned the House’s plan.

Lyft released a statement shortly after midnight applauding the final bill, saying it is a “common sense legislation that sets high safety standards.” Uber did not make an immediate statement, but the compromised bill seems to conquer many of the problems the company had with the House’s proposal. This bill was also good news for the riders that often use the Uber and Lyft apps. One clause of the House’s bill proposal that would prohibit Uber and Lyft drivers from picking up from areas like Logan Airport, the Boston Convention and Exhibition Center was not included in the final bill. Although Logan already has a ban that prohibits most Uber and Lyft drivers from picking up riders, the bill presented by the House would have solidified this ban for five years. Now, it is possible for Logan to renegotiate with Uber and Lyft in the future and potentially lift this ban. The convention center officials resisted the plan to ban the companies from their property. Continue reading

July 20, 2016

Fiat Chrysler Recalls 1.1 Million Vehicles Following Actor’s Death

by Altman & Altman

Earlier this month, Star Trek actor Anton Yelchin was killed when his 2015 Jeep Grand Cherokee pinned him between a fence and a mailbox pillar. The accident is being blamed on a confusing gear shifter in the vehicle. In response to Yelchin’s accident, the National Highway Traffic Safety Administration conducted an investigation into the gear shifters on Fiat Chrysler vehicles and found a total of 266 crashes, injuring 68 people. Since the investigation, Fiat Chrysler has recalled 1.1 million vehicles. Contact a Boston Defective Products Lawyer Today.

In addition to the 266 crashes, investigators also found 686 shifter-related complaints and negative customer feedback that began almost immediately following the release of the vehicles. According to the agency, Fiat Chrysler also appears to have violated standard design guidelines with the shifters.

So, What’s the Trouble with the Gear Shifters?

On Yelchin’s Jeep and others like it, it is difficult for drivers to determine if the vehicle is in “park” once they have stopped. There are several reports of vehicles rolling off once the driver exited. In newer models, a warning chime goes off and an alert message is displayed if the driver’s door is opened while the car is not in park. In a recently released statement, Fiat Chrysler urged customers to use parking brakes as an added precaution. In fact, the manufacturer mailed out letters with these instructions on May 14. Whether or not Yelchin received such a letter is not known

Too Little, Too Late

Since Yelchin’s death, Fiat Chrysler has stepped up its efforts to prevent future accidents. Beginning on June 24, the company began sending letters to owners advising them to make an appointment for service as soon as possible. Dealers will be able to resolve the dangerous design flaw by loading a new software into recalled vehicles. This software will automatically shift the vehicles into park when the driver’s door opens while the engine is running. The updates will fix 3.6-liter and 5.7 liter engine vehicles, which account for the majority of the recalls. Fiat Chrysler assures us that a fix for the remaining vehicles will be available soon. Continue reading

July 19, 2016

Boston Duck Tours Adds Second On-Board Employee to Prevent Future Accidents

by Altman & Altman

In response to the second duck boat-pedestrian collision in Boston this year, Boston Duck Tours will begin following new legislative requirements to prevent further deaths. Earlier this year, 28-year-old Allison Warmuth was killed when she was struck by one of the amphibious vehicles. And just last week, a pedestrian was hit by a duck boat on Newbury street, suffering non-fatal injuries.

Boston Duck Tours has voluntarily agreed to institute new requirements to prevent future accidents. These requirements include adding a second employee on board the tour. In previous years, the driver and tour narrator were one in the same. And this will remain unchanged until new legislation is implemented. With a non-driving narrator on board, the driver will be able to focus on what’s important, the road. In addition, the tour company will also add proximity sensors and cameras to each vehicle. Sensors will indicate when the vehicle is getting too close to another object, including other vehicles, cyclists, and pedestrians.

Just last month, state legislators proposed multiple new regulations for duck boats, including those mentioned above. “We are eager to move forward with this new staffing plan,” said Boston Duck Tours CEO Cindy Brown. “There is a lot of work to do. Boston is our home; we recognize what a privilege it is to serve residents and visitors and it has always been our commitment to do so utilizing best-in-class safety practices. This can only complement BDT’s current strong safety practices.”

Recruiting and Training New Employees Takes Time and Work

Although Boston Duck Tours is committed to the new regulations, the company admits that it won’t be easy. In a recent press release, the tour group emphasized the time and effort necessary to adequately train new staff. “This will take place through the remainder of this season, which ends in November, and will continue into the off season. The new employees will be in place at the start of the 2017 season next March,” stated the company in the release. So, while the company intends to make its tours much safer, the added safety measures won’t actually be put into effect until the start of next season. Continue reading

July 19, 2016

Is Cheap Gas Leading to a Rise in Traffic Fatalities?

by Altman & Altman

There are many theories about the rise in fatal motor vehicle accidents in the US; texting, talking on cellphones, and reckless driving to name a few. Recent accidents are even being blamed on the new game Pokemon Go. But according to Dr. Mark Rosekind, Administrator for the National Highway Traffic Safety Administration (NHTSA), the increase in fatal accidents has more to do with an increase in miles driven. The NHTSA reports that approximately 3,200 people were killed in auto accidents in 2015, up 7.7 percent from 2014. Contact a Boston Motor Vehicle Accident Lawyer Today.

Reports show that 2015 was the deadliest year on American roadways since 2008. If our cars are constantly getting safer, why are deadly accidents skyrocketing? The reason may surprise you.

Low Gas Prices Play a Role, But So Does Driver Behavior

Cheap gas may be to blame for the rise in fatal car, truck, and motorcycle accidents. “As the economy has improved and gas prices have fallen, more Americans are driving more miles,” said Rosekind. However, he also pointed out that driver reaction plays a major role in the outcome of crashes. “Ninety-four percent of crashes can be tied back to a human choice or error,” Rosekind continued, “so we know we need to focus our efforts on improving human behavior while promoting vehicle technology that not only protects people in crashes, but helps prevent crashes in the first place.”

The steep decline in gas prices in 2015 resulted in more people on the road for longer periods of time. Combined with driver error, reckless driving, distracted driving, and negligence, this surge of vehicles on the road has had devastating consequences. Fortunately, we don’t need to raise gas prices and take cars off the road to reduce fatal auto accidents. What does need to happen, however, is improved driver safety education. This is especially true for young drivers.

Young Drivers Most at Risk

The age group most impacted by the increase in fatal accidents was drivers between the ages of 15 and 20. In fact, this group’s rate of fatality rose by 10 percent in 2015. But before we jump to conclusions and accuse all young people of texting and playing Pokemon Go, the surge in traffic fatalities in this age group has more to do with lack of skill. Compared to long-term drivers, new drivers simply don’t have the experience necessary to react in urgent situations. For this reason, it’s important to monitor driving habits of young people. You can help by limiting the number of passengers in your teen’s car, keeping teens off busy roadways as much as possible, telling young drivers to always keep their cell phone in the glove compartment when driving, and reminding them to obey the speed limit, avoid driving in inclement weather, and to always wear a seatbelt.

And it’s not just motor vehicle drivers and passengers who are involved in these fatal crashes. According to the NHTSA, there was a 10 percent increase in pedestrian fatalities and a 13 percent spike in cyclist fatalities in 2015. The bottom line – drivers have to keep their eyes on the road at all times, and they shouldn’t limit that focus to just other cars and trucks. Continue reading

July 6, 2016

How to Take Car Accident Pictures Like a Pro

by Altman & Altman

If you’ve been involved in a car accident in Boston or anywhere else in Massachusetts, it is crucial to document as much as you possibly can. This can be done by writing down witness statements and contact info, and by jotting down your own perceptions of the accident before your memory begins to fade. But nothing beats pictures. Once you’ve made sure that everyone involved in the accident is safe, grab your camera. Fortunately, most of today’s cell phones are equipped with cameras. For tips on how to take quality pictures, read on.

Use a Camera to Make Your Case

If the accident is serious, resulting in injuries and/or severe property damage, contact the local police before doing anything else. The next step, if you’re able, is to take pictures of the accident scene.

The number one rule of photographing a car accident is to take as many pictures as possible from as many angles as possible. Pictures no longer need to be developed, so taking ‘too many pictures’ is not a concern.

Although obvious damage to the car is important to photograph, there are other factors that may come into play. If there is any damage to surrounding property, such as other vehicles, fire hydrants, light poles, or mailboxes, snap away.

Photograph contributing factors. Was the road icy or wet? Was a stop sign blocked by an overgrown tree or large truck? Did you swerve to miss large road debris that had fallen off another vehicle? If any contributing factors can be photographed they may help make your case.

More Specifics

The above tips give a general idea of how to photograph the scene of a motor vehicle accident. Here are some more specific tips to help you really hone in on what counts. Be sure to photograph:

Damage to all vehicles
Skid marks
Vehicle parts and debris, such as shattered glass
Weather conditions
Visible bodily injuries on you, or other victims

And try different angles and distances

Take pictures from at least three different distances and angles.
Close up pictures: stand one to five feet from what you are photographing.
Medium distance: 10 to 15 feet away.
Long distance and panoramic: 20 or more feet away.
Keep a common landmark in as many pictures as possible. This helps show distance and scale.
Be aware of how weather conditions and direct sunlight affect your pictures. If necessary, use a variety of flash intensities, and take some with and without flash.

June 15, 2016

What to Do if You’re Involved in a Rear-end Collision in Massachusetts

by Altman & Altman

Most people think they would know what to do in the event of a car accident. If there are no serious injuries, you just exchange information and call the insurance company, right? But many of us underestimate how shaken up we would be in a collision, even if no serious injuries are immediately apparent. Rear-end collisions can be especially frightening. One minute you’re sitting at a stop light, thinking about what you’re going to make for dinner, and then CRASH. Even without injuries, the effects of such an accident can leave you emotionally shaken and unsure of what to do next. Contact a Boston Car Accident Lawyer Today.

The 4 R’s of Motor Vehicle Collisions

The good news is, there’s an easy way to remember what to do in the event of a rear-end collision. Just remember the 4 R’s; review, report, record, and reach out.

Review: Although you can never really be ‘prepared’ for a car accident, there are steps you can take to increase your chances of reacting appropriately if an accident occurs. For starters, immediately following an accident, review the situation. Is anyone injured? Injuries, minor and severe, take priority over property damage. If no injuries are present, review property damage. Is your car damaged? What about the other driver’s car? What about surrounding property? Take a quick mental note of any visible damage and move to step 2.

Report: If no injuries or damages are apparent, you probably don’t need to report the accident to the police. However, if there is significant damage or anyone suffered injuries, you should immediately contact the police. In addition to offering protection if emotions become heightened, police can investigate the accident and create an official report. This can be immensely helpful in a lawsuit. Once the police have been contacted, call your insurance company. Timely reporting is crucial if you wish to file an insurance claim.

Record: A permanent record of the accident scene, contact details, witness statements, medical expenses, and property damage can be your best friend after a car accident. Record every detail possible, and do it as soon as possible. While you’re still at the scene of the accident, talk to other drivers, passengers, and witnesses to get their perspective on what happened, before their memories fade. Jot down your own account of what happened as well. Take pictures of the scene, including damage to the car(s) and any other property, and any factors that may have contributed to the accident, such as an icy road, or a difficult-to-see stop sign positioned behind a large tree or improperly-parked vehicle.

Reach out: If you or anyone else involved in the accident suffered injuries, or if there was significant property damage, you should reach out to a skilled motor vehicle accident attorney. Many personal injury lawyers will be willing to work on a contingency basis, meaning they don’t get paid unless your claim is successful. Whether you’ve been injured, or someone is blaming you for their injuries, you will want the help of an experienced auto accident lawyer.

May 9, 2016

Should Boston’s Duck Boats Be Banned?

by Altman & Altman

In the wake of a tragic accident this past weekend, there has been a renewed call for a nationwide ban of duck boats. The amphibious vehicles have become an almost iconic part of the city of Boston. Duck boats are hard to miss as they transport loads of tourists past the city’s many attractions, on land and water. A rise in deadly accidents has people questioning their safety. Contact a Boston Personal Injury Lawyer Today.

The Victim Was Wearing a Helmet

The most recent accident occurred last Saturday, when a duck boat called the Penelope Pru collided with a scooter near Beacon Hill. The massive vehicle was stopped at a Charles Street stop light, directly behind a 29-year-old Beacon Hill woman and her male passenger. When the light turned green, the duck boat – apparently not seeing the scooter in its path, overtook the smaller vehicle, knocking it on its side and running over the scooter and its operator, Alison Warmuth. Witnesses shouted, trying to alert the duck boat driver, but he did not hear. One of the witnesses ran to Warmuth’s side, trying to help the injured woman, but it was too late. She attempted to speak but could not. Although Warmuth was not bleeding, witnesses say her body looked like a ‘rag doll’. Both she and her male passenger were wearing helmets.

Warmuth died shortly after the accident. Her passenger was not seriously injured.

Four Deadly Duck Boat Accidents Since 2010

This weekend’s accident was not the first of its kind. In 2010, a Philadelphia-based duck boat, ‘Ride the Ducks’, was struck by a barge, killing two tourists on board. In 2015, a Texas woman was struck and killed by a duck boat, also from a ‘Ride the Ducks’ tour while crossing a Philadelphia street. And in 2015, a Seattle duck boat struck a charter bus, killing five people.

Last weekend’s tragic accident is, however, the first deadly accident for Boston Duck Tours. The company has been in business since 1994. Although the recent surge in deadly accidents has sparked some controversy, some people want the duck boats to stay. “I think they are iconic and a great part of the city,” said Rockport’s Andrea Vinson. “It’s just so much fun to go through the city and then go right into the Charles in a vehicle… It doesn’t get more fun than that.” Continue reading

May 4, 2016

Duck Boat and Scooter Collide, Killing Beacon Hill Woman

by Altman & Altman

A duck boat loaded with tourists struck and killed a 29-year-old Beacon Hill woman over the weekend. The as yet unnamed woman and her male passenger were on a scooter when the accident occurred. They were stopped at a red light on Charles Street, directly in front of the Boston Duck Boat Tours’ vehicle. Both riders were wearing helmets. Contact a Boston Personal Injury Lawyer Today.

According to a witness, when the light turned green, “the duck boat just took off and actually went into the back of the people on the scooter.” The woman operating the scooter tried to accelerate and witnesses shouted, trying to alert the duck boat driver. But it was too late. The scooter fell to the ground and the duck boat ran it over.

Seattle Duck Boat Accident

Many have criticized duck boats, saying they are too dangerous for congested city streets. When a Seattle duck boat crashed into a charter bus, killing four students, there were national cries for a ban on the amphibious vehicles.

According to local authorities, this weekend’s accident near Boston was the first deadly accident for Boston Duck Boat Tours, a company that has been around since 1994. The scooter was crushed under the side front wheel of the massive vehicle.

Surveillance Video

The incident occurred within range of a surveillance camera owned by the city. In a statement, Officer Rachel McGuire, a spokeswoman for the Boston police, said the surveillance footage will be reviewed by investigators. “We’ll have to determine whether criminal charges have to be taken out against the operator,” said Evans.

The duck boat had approximately 26 to 28 passengers at the time of the collision. None of the passengers were hurt. Apparently, the driver stopped the vehicle and jumped out as soon as he realized he had hit something. According to a spokesman for Boston Duck Tours, the driver “has been with the company for years and has a great safety record.”

At the time of the accident, Jay Beausang was planting a tree near the intersection of Charles and Beacon streets. He saw the victim’s body pop out from behind the duck boat. “I ran over. I got on my knees, held her wrist for a pulse,” said Beausang. The woman attempted to speak, but was unable. Beausang said that although she wasn’t bleeding, the woman looked like a “rag doll”. The male passenger was not seriously injured. Continue reading

February 2, 2016

What is ‘Pain and Suffering’ in a Boston Personal Injury Case?

by Altman & Altman

Car accidents can result in a long list of expenses, such as property damage and medical bills. But the financial toll doesn’t always end there. Pain and suffering, both physical and mental, can result in long-term complications, including anxiety, loss of enjoyment of life, and even the inability to return to work. If you’ve been injured in a car accident, you may be able to recover damages for ‘pain and suffering.’ Contact a Boston Motor Vehicle Accident Lawyer Today.

Multiplier Method Vs. Daily Rate Method

Following an auto accident, insurance companies use several methods to determine the value of an injury claim. These calculations typically include actual medical expenses, lost wages from time off work, and a certain amount for pain and suffering. There are two methods of calculating the compensable amount of a personal injury claim. They are:

The Multiplier Method: used to be a common method of calculating pain and suffering damages, the actual damages are multiplied by a specific number, traditionally the number 3. For example, if the cost of your medical bills was $8,000, your pain and suffering damages would be $24,000. However, most insurance companies now use advanced software programs to determine the number that the damages will be multiplied by, and it’s rarely 3 these days. The designated number depends on multiple factors, including the severity of injuries, length of recovery, and aggravating circumstances. For example, the number designated to a case involving minor injuries in a fender bender will be significantly lower than for someone who has both legs broken in a serious car accident. The multiplier may be 1 in the first case and 4 in the second case. Aggravating circumstances, such as whether the at-fault driver was intoxicated, also come into play when determining pain and suffering compensation.

The Daily Rate Method: Another method of calculating pain and suffering damages is one in which a specific amount of money is assigned to each day of suffering. Lost income is the most common base for determining the daily rate method. For example, if your average income is $150 per day, this will likely become the amount assigned to each day that you are unable to work. Therefore, if you miss 60 days of work, you would multiply $150 by 60 days to reach a figure of $9,000. Other costs can factor into that daily rate, but you have to be able to justify your reason for reaching a certain number. Simply saying, “My suffering is worth $300 a day,” won’t cut it.

Are You Likeable? Are You Credible?

Most personal injury lawyers will use a combination of these two methods to estimate what your requested damages should be. Once a ballpark figure is reached, you can adjust the figure based on multiple factors, including the severity of your injuries and any aggravating circumstances. Before moving forward with a claim for pain and suffering, it is important to consider the value of your claim. All of the following questions will play a significant role in the success of your claim: Continue reading