Truck Accidents

August 15, 2023

Automatic Emergency Braking Systems May Soon Be Required on Nearly All US Vehicles

A new regulation proposed in May by the National Highway Traffic Safety Administration (NHTSA) would require new vehicles to come equipped with automatic emergency braking (AEB) systems. These systems detect potential collisions and automatically apply the brakes to lessen the impact of a crash — or avoid it altogether. NHTSA estimates that the new regulation could prevent at least 360 deaths and 24,000 injuries annually.

This technology has been available on many automotive models for years, but it hasn’t yet been mandated. If the new regulation is adopted as proposed, it would require almost all US passenger vehicles and light trucks to have AEB systems three years after the publication of a final rule. In addition, NHTSA and the Federal Motor Carrier Safety Administration (FMCSA) announced in June that they plan to require AEB technology on heavy vehicles as well.

What Exactly is AEB Technology?

August 3, 2023

The Most Deadly Time of Day to Drive in Massachusetts

by Altman & Altman

Navigating the streets of the Bay State can be treacherous for even the most seasoned of drivers. According to recent studies, Massachusetts has the fourth-worst roads in the country and Boston has the fourth-worst traffic in the world. A new Forbes Advisor report sheds more light on the issue by pinpointing the most dangerous times to drive in the state.

As it turns out, you may want to start driving more cautiously during your evening commute. According to the report, the most deadly time to drive in Massachusetts is between 5 and 6 pm. Using National Highway Traffic Safety Administration (NHTSA) data for 2016 to 2020, Forbes Advisor found that more fatal car accidents happened in the state during this hour than during any other. The same was true for Maine and New Hampshire.

This time was slightly earlier than the country as a whole. Nationwide, the report found that 6 to 7 pm is the most dangerous hour to drive. The next most deadly time is 8 to 9 pm, followed by 9 to 10 pm. Overall, the most dangerous driving hour in the majority of states falls between 3 and 10 p.m., especially after sunset.

May 19, 2023

Hit and Run Car Crashes in Massachusetts

by Altman & Altman

In a hit and run accident, the driver leaves the scene without stopping to assess damage or injury, call the police, or provide his or her contact information. While leaving the scene of an accident is illegal almost everywhere, it still happens all too often. In fact, over 2,500 people died in hit and run crashes in the U.S. in 2020. In Massachusetts, nearly 10% of fatal pedestrian accidents in 2022 involved hit and run drivers.

Sometimes drivers flee the scene because they are intoxicated, don’t have a license or insurance, or simply panic and keep driving. Even if the driver is never identified, victims of hit and run accidents in Massachusetts can still make a claim with their insurance company. If the driver is later identified, he or she may face criminal charges or a lawsuit in civil court.

Recent MA Hit and Run Accidents

July 18, 2022

Post Pandemic, Truck Accidents and Fatalities on the Rise in Massachusetts

by Altman & Altman

As traffic volume in the U.S. (and Massachusetts) rebounded after the pandemic of 2020, so did traffic fatalities. Deaths involving large trucks were no exception. According to the National Highway Traffic Safety Administration (NHTSA), estimated fatalities in accidents involving at least one large truck jumped 13% between 2020 and 2021. This means that last year alone, over 5,600 people died in truck crashes in the United States.

Noting that this number represents an “unfathomable” 52% increase in truck accident fatalities since 2010, the Truck Safety Coalition issued a statement saying “What more is needed to take safety seriously? We need to do everything possible to reverse this terrifying trend because lives hang in the balance.”

Large Truck Crash Fatality Statistics 2021

October 10, 2018

Distracted Driving Becomes Number One Danger on American Roadways

by Altman & Altman

We all know the dangers of texting and driving, yet more and more American drivers are failing to take them seriously. In fact, a recent AAA study revealed that distracted driving is now the number one danger on American roadways, followed by aggressive driving, and drunk/drugged driving. Many experts blame it on our “productivity culture,” saying the pressure to respond to texts, emails and calls right now is making us more distracted, and less safe.

To reduce this rapidly-growing threat to public safety, we need more than just billboards and ad campaigns. Drivers must understand what happens—to their brains—when they drive while distracted. Taking your eyes off the road to glance at a text impacts more than just your line of vision. Reading that text is a visual distraction, yes, but it can also be a cognitive distraction. A Boston car accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

Categories of Distraction

There are three main types of distraction: manual, visual, and cognitive. Manual and visual are fairly straightforward—you take your hands off the wheel to adjust the stereo, or you take your eyes off the road to read a text. But there’s a third kind of distraction, and this one gets a bit more complicated. When a driver takes his/her attention off the task at hand—driving—he/she may experience inattention blindness, which is the inability to perceive critical driving cues due to cognitive distraction (a.k.a. “zoning out”).

Although inattention blindness can occur at any time, it’s more common following a manual or visual distraction. As a result, even after you’ve read that text and returned your eyes to the road, your mind may be too distracted to notice that the car ahead of you is braking, or that an animal is about to run into the road.

What About Fatigue?

And zoning out doesn’t only occur when a driver is texting or taking his/her hands off the wheel. Fatigue is another leading cause of distraction because it also contributes to inattention blindness. Combined with other distractions, such as reading a text or taking a sip of coffee to stay awake, fatigued driving is particularly dangerous. A MA car accident attorney can help you recover damages if you’ve been injured due to another’s negligence.

Distracted Driving Statistics

The consequences of distracted driving are often devastating. In 2016, 3,450 people were killed and 391,000 were injured in distracted driving-related motor vehicle accidents. Considering that during the day, more than 480,000 people are estimated to be using cell phones while behind the wheel, these statistics aren’t particularly surprising.

And distracted driving doesn’t only involve cell phones. Anything that takes the driver’s eyes, hands, or mind off the task of driving is considered to be a distraction. This includes everything from adjusting the stereo or navigation system, to eating, drinking, or applying make-up. Continue reading

July 17, 2018

How to Obtain the Compensation You Deserve After a Crash Involving a Commercial Truck

by Altman & Altman

Motor vehicle collisions involving large, commercial trucks often result in significantly more damage than those involving passenger vehicles alone. This can be due to multiple factors, such as the sheer size and weight of commercial trucks, as well as an increased risk of fatigue among long-haul truck drivers. Fortunately, if you are involved in an accident with a large truck (a.k.a. big rig, 18-wheeler, or tractor-trailer), several options are available to obtain compensation.

Filing a personal injury lawsuit after a collision with a commercial truck can help you obtain the compensation you deserve, but it can also be a complicated, lengthy process. A skilled Boston personal injury lawyer with extensive experience in trucking accidents can help to ensure that you receive full compensation in a timely manner. And filing a lawsuit might be your only option to recover damages; insurance carriers often require the insured to attempt to get the responsible party to pay before they will issue any funds. When the other party refuses, a lawsuit may be necessary.

When filing a lawsuit after an accident involving a large truck, one of the challenges is determining who to file it against. Was the truck driver negligent—was he/she texting while driving, or driving recklessly? Was the truck company negligent—did its failure to provide proper maintenance result in a mechanical issue that caused the accident? Was a parts manufacturer negligent—did faulty tires contribute to the accident? Was a third-party responsible—did a bar knowingly over-serve the driver, lending to his/her intoxicated driving? As you can see, determining fault can be a complex matter. And in many cases, multiple parties are at fault.

Driver

Even if the truck driver was obviously negligent (i.e. falling asleep behind the wheel), he/she may not have the financial ability to compensate you for repair bills and medical expenses. In most instances, however, the trucking company is at least partially at fault. A MA trucking accident attorney can help you determine how to proceed if you’ve been injured in an accident involving a commercial truck.

Trucking Company

Generally speaking, truck drivers are working for a company. As such, the company may be held vicariously liable for resulting collisions. For example, if the driver fell asleep behind the wheel, was it because he/she was working excessive hours at the company’s request? The Federal Motor Carrier Safety Administration (FMCSA) imposes strict regulations on the amount of hours truck drivers are allowed to work. These are known as “hours of service” regulations. Drivers may not drive more than 14 consecutive hours, and they cannot resume driving until a minimum of 10 consecutive off-duty hours have passed. Further, they cannot drive more than 60 hours during a seven-day period, or 70 hours during an eight-day period. Violations can result in civil penalties and fines.

Even if the truck was well-maintained and inspected, and the trucking company adhered to hours of service regulations, the trucking company may be deemed liable for the driver’s negligence. Consider the following scenario: Harold is driving recklessly when he crashes into Maude. Had Harold’s employer, CBA Trucking, conducted a thorough background check prior to his hire, they would have seen multiple terminations due to reckless driving. For this reason, any resulting lawsuit may allege that CBA used negligent hiring practices and is, thus, partially liable for Maude’s injuries. Continue reading

April 11, 2018

Who is Liable in a Trucking Accident?

by Altman & Altman

Although all motor vehicle accidents can result in complicated, drawn out legal battles with regard to liability, few are more complex than those involving large trucks. Collisions with other passenger cars generally only involve two parties—the drivers. But liability in a large truck accident can involve a long list of parties, including both drivers, the trucking company, cargo company, parts manufacturer, and more. If you have been involved in a large trucking accident, the information below will help you determine how to move forward.

Trucking Accident Statistics

The statistics below shed some light on the frequency with which large truck accidents occur. Although they only account for about three percent of all motor vehicle accidents, large truck accidents have a significantly higher risk of being fatal.

There are about 500,000 large truck accidents every year.
Approximately 130,000 people are injured in collisions with large trucks each year.
Nearly 5,000 people are killed in large truck accidents annually.
Fatal trucking accidents cost more than $20 billion annually in the United States.
The average cost of a large truck accident is nearly $60,000.
Human error is a factor in nearly 90 percent of all large truck accidents.
Fatigue is a factor in about 30 percent of all large truck accidents.

When a trucking accident occurs, the chain of potentially-liable parties often argue over whose insurance company is responsible for compensating the victim. If, for example, the trucking company says that the cause of the accident was defective tires, the tire company can point the finger back at the trucking company, claiming that the tires should have been replaced months earlier. For this reason, and many others, it is essential to work with an experienced Boston trucking accident attorney if you wish to obtain the compensation you deserve.

Keeping a Distance

Trucking companies will try everything possible to avoid liability in an accident involving one of their trucks. Many companies lease the trucks and equipment from a third-party and use independent contractors as drivers, instead of employees. By distancing themselves from the driver and the vehicle, trucking companies are sometimes off the hook following an accident…but not always.

To avoid liability in an accident involving a leased truck or a driver who is an independent contractor, a trucking company may argue that it is not liable because:

The driver was not its employee;
It does not own the truck or any related equipment

In the past, this frequently worked. Due to stricter federal laws and regulations in recent years, however, companies that own a truck permit are potentially responsible for any accidents involving trucks leased to it. This is true even if the company is not the owner/operator and even if the driver is an independent contractor. Even so, bringing a lawsuit against a trucking company can be a complex process. This is where having an experienced MA trucking accident attorney can make all the difference in the world. Continue reading

June 23, 2017

The Dangers of Tractor-Trailer Blindspots

by Altman & Altman

Most people know that cars and passenger trucks have blindspots, so it’s no surprise that tractor-trailers do as well. However, large trucks have more blindspots than their passenger vehicle counterparts…and they’re much bigger. This is basically due to a truck’s large size, but tractor-trailers are not equipped with a rear view mirror either. As such, the visibility of large trucks is extremely limited in the front and back, and on both sides. Read on for more information about tractor-trailer blindspots, and how you can avoid being injured in a related accident.

In some ways, a truck’s height is an advantage. However, low-riding cars and vehicles close to the truck’s front and back can easily disappear into a very dangerous blindspot. This is equally true of motorcycles and bicycles. As stated above, trucks don’t have rear view mirrors. They rely solely on side mirrors to see their surroundings.

No-Zones

May 18, 2017

Factors That Increase Your Risk of Being Injured in a Car Crash

by Altman & Altman

According to the US Department of Transportation, the rate of annual traffic-related injuries and fatalities has increased by more than 7 percent. Basically, this means that we are more at risk today than we were in the past. But who is most at risk? If you belong to one of the categories below, it may be you.

You are male. According to the Insurance Institute for Highway Safety (IIHS), males are more likely to die in a car crash than females. Specifically, males between the ages of 20 and 24, and those 85 and over, are most at risk.
You are a pedestrian…in Washington D.C. In 2015, about 15 percent of traffic-related fatalities were pedestrians, nationwide. The state / regional percentage was highest in D.C.
You drive and text. Actually, using a cell phone while driving, for any reason, greatly increases your risk of being seriously injured or killed. If you use your phone or other handheld device while behind the wheel, you are four times more likely to be involved in an accident than your non-distracted counterparts. The risk is higher if you’re texting. But even hands-free options pose a risk. Distractions don’t only involve taking your eyes off the road. A distracted mind can be just as dangerous.
You drive in one of the top 9 dangerous states for car crash injuries and fatalities. These are California, Texas, Florida, Georgia, North Carolina, Illinois, New York, Ohio, and Pennsylvania. A MA injury lawyer can help you recover damages if you’ve been injured in an auto accident.
You drive a pickup, and you live out in the boonies. Drivers of pickup trucks have a higher-than-average rate of crash-related fatalities. And in 2015, this risk was especially high for pickup drivers in rural parts of Wyoming and North Dakota.
You’re on the road during the deadliest driving hours of the day. If you’re behind the wheel between 3 and 9 pm, make sure to use extra caution. More fatal accidents occur during this time period than any other.
You drive on any of the following days: January 1, July 4, August 2, October 11, and November 1. According to the IIHS, these are the deadliest driving days of the year.
You drive above 55 mph. According to the Department of Transportation, approximately 48 percent of car crash deaths involve speeds of more than 55 mph.
You drive under the influence of drugs or alcohol. This might seem like an obvious one, but you don’t have to be legally drunk to increase your risk of a deadly car accident. The risk increases even at very low blood alcohol concentration (BAC) levels, and it skyrockets when BAC is above 0.04 percent. In fact, about 29 percent of all traffic fatalities involve alcohol. When drugs are involved, the risk of a fatal accident increases to five times that of drug-free drivers
You ride without a helmet. When it comes to motorcycles, helmets save lives. Wearing a helmet reduces a rider’s risk of head injury by 50 percent. A Boston motorcycle accident attorney can help you determine how to proceed if you’ve been injured by another’s negligence
You drive without a seatbelt. This statistic is one of the most compelling. More than 88 percent of drivers wear seat belts at all times, but nearly half of all crash-related fatalities in 2015 involved people who were not wearing seatbelts. Buckle up.

May 10, 2017

The Top 10 Reasons to Hire a Personal Injury Lawyer in Massachusetts

by Altman & Altman

If another’s negligence has caused you harm, you may wish to bring a personal injury lawsuit against that person(s), business, or entity. Although any type of accident can result in a personal injury claim, certain accidents account for more claims than others. By hiring a skilled Boston injury attorney, you may be able to recover damages for everything from medical expenses to pain and suffering. The accidents that account for the most personal injury claims include:

Motor vehicle accidents: Crashes and collisions take center stage when it comes to personal injury claims. Nearly 1.3 million people are killed in car crashes annually; that’s an average of 3,287 deaths per day. And up to 50 million are injured or disabled.

Motorcycle accidents: Thousands of people are killed in motorcycle accidents in the US annually. In fact, motorcyclists are 35 times more likely to die in a crash than drivers of other motor vehicles. Dramatically reduce your risk of serious injury and death by always wearing a helmet, maintaining a safe speed when riding, and taking rider safety courses. A MA motorcycle accident attorney can help you determine how to proceed if you’ve been injured.

Bicycle accidents: As the warmer weather finally makes an appearance in New England, we are beginning to see more bicyclists on the road. This is a good thing – cycling is a healthy, economical, and environmentally-sound activity. But cyclists are prone to serious injury and death in a crash involving a motor vehicle. Protect yourself when cycling by avoiding adverse weather conditions, wearing brightly-colored gear, obeying road signs, and always wearing a helmet.

Slip and fall accidents: A leading cause of personal injury claims, slip and fall accidents can result in broken bones, lacerations, and even traumatic brain injuries. Second only to motor vehicle accidents, slip and fall accidents account for 15 percent of all accidental deaths.

Dog bites: Especially common among young children and the elderly, dog bites can result in permanent scarring. If you have been bitten or attacked by a dog, you may be entitled to compensation for medical expenses, pain and suffering, and reconstructive surgery.

Medical malpractice: Medical negligence is one of the leading causes of death in the United States, but medical malpractice lawsuits can be extraordinarily complex. A knowledgeable malpractice attorney can help you navigate the process and recover damages if medical negligence has caused you harm.

Large truck accidents: Also known as 18-wheelers, big rigs, and tractor trailers, large trucks account for thousands of accidents every year. Unfortunately, due to their massive size and weight, accidents involving large trucks are often deadly. In 2015, 3,852 people were killed in accidents involving large trucks. Only 16 percent of those deaths were truck drivers. A whopping 69 percent were occupants of passenger vehicles.

Pedestrian accidents: Pedestrians accounted for about 14 percent of all traffic-related deaths in 2013. One-fifth of those fatalities involved hit-and-run drivers.

Boating accidents: Boating season is soon upon us…this is a favorite time of year for many Bostonians. Unfortunately, negligence, alcohol use, and inexperienced operators often lead to boating accidents, and serious, life-threatening injuries. Use your head – avoid alcohol and speeding, and make sure your boat is equipped with life vests and necessary safety equipment.

Work-related accidents: Injured on the job? In 2015, a total of 4,836 workers were killed on the job. That’s 93 deaths per week, and 13 per day. Work-related injuries are generally covered by workers’ compensation, but you may be entitled to additional compensation if negligence played a role.