Boston Car Accident Lawyer Blog

Two months ago, 17-year-old Adam London died in a single-vehicle car accident just a few blocks from his home in Newton, Massachusetts. The teen driver reportedly lost control of his vehicle and was not wearing his seat belt when he crashed into a tree.

In response to the tragic car crash, London’s family has created “Adam’s Promise,” a campaign aimed at raising awareness about safer driving habits. They're also traveling around to schools, spreading awareness about the importance of safe driving. Hundreds of students and adults have signed the pledge, honoring London’s memory and vowing not to engage in risky behaviors on the road. Those interested in signing the pledge can do so at www.apromisetoadam.org.

In Massachusetts, several dozen teen drivers die in traffic accidents each year. Nationwide, junior operators account for 13% of motor vehicle crash deaths and 10% of the population. The National Highway Transportation Safety Administration estimates that the economic cost of police-reported crashes for drivers ages 15-20 was $40.8 billion in 2002.

Source: Family of Newton teen killed in car crash to share his story in Brookline, Wicked Local Newton, October 27, 2010

Continue reading " Family of Newton Teen Who Died in a Car Crash Creates Adam’s Promise " »

A Rehoboth school bus driver who was involved in a traffic accident in September 15 has been charged with negligent driving after she allegedly “dozed off” before her vehicle hit a tree, injuring the driver and a 10-year-old student. The driver was placed on leave following the accident. She will be summoned to Taunton District Court, but no date has been set.

In the event of a bus accident or other emergency, Rehoboth school bus drivers are told to call police and fire officials before notifying the bus company. The school superintendent said she and the police and fire chiefs are working to improve bus safety and communication between bus drivers and schools.

Here in Massachusetts, driving negligently is a misdemeanor. Junior operators who are convicted of driving negligently or recklessly are subject to up to a 60 day revocation of their driver’s license. A subsequent conviction within three years can result in a one year suspension.

Source: D-R school bus driver cited in crash, The Sun Chronicle, October 25, 2010

Continue reading " Massachusetts Bus Driver Charged with Negligence Following Accident " »

On Sunday morning around 3am, a 21-year-old Westport man was involved in a truck accident on Route 6. He reportedly hit a utility pole while replying to a text message. His 2001 Ford Ranger rolled over and trapped him inside. Dartmouth police say the driver was taken to St. Luke’s Hospital in New Bedford. The extent of his injuries was unknown.

Massachusetts’ text messaging while driving ban went into effect on September 30. Local police say this was the first serious motor vehicle accident involving text in Dartmouth.

The driver was charged with sending or receiving a text message while driving, failing to stay within marked lanes, and failing to wear a seat belt. The penalty for a first texting while driving offense is $100. That fine increases to $500 for the third offense.

Source: Westport man crashes truck while sending text, WickedLocal.com, October 24, 2010

Continue reading " Westport Man Crashes Truck While Texting " »

Massachusetts Bay Transportation Authority police are investigating a trolley accident that killed a 22-year-old Boston University graduate early Sunday morning. The Brighton man was found in the gauge of the eastbound tracks on the D Line between the Longwood and Fenway stops and pronounced dead at the scene of the accident.

A spokesperson for the MBTA said it was unclear why he was inside a fenced off area. Brookline Police and fire departments and the EMS responded to the emergency call.

Unfortunately, this is not the MBTA accident in recent years. In July, an eight-year-old girl was injured after her foot was stuck in an escalator at the MBTA’s Aquarium stop. That same month, a commuter rail train in Wilmington hit and killed a Billerica man. And in April of this year, a Green Line trolley killed a 23-year-old bicyclist.

It is standard MBTA procedure to administer a drug test to the driver following an accident. The driver may also be subject to disciplinary action if he or she was found to be texting behind the wheel.

Source: BU graduate hit and killed by Green Line train early this morning, Boston Globe, October 24, 2010

Continue reading " Green Line MBTA Train Kills Brighton Man " »

The town of Ashland, Massachusetts voted earlier this month to apply for approval of a quiet zone at its Main and Cherry streets rail crossings. In 2005, a new federal rule was established allowing communities to silence horns as trains pass at-grade crossings. The United States had over 400 of these quiets zones as of September, 2010.

Although 25 Massachusetts towns including Beverly, Weston, and Concord have already established quiet zones around train crossings, the concept is so new that there isn’t much data on the impact of quiet zones on train accident rates. However, some town officials say it has not posed a major safety issue.

A federal study found a dramatic increase in collisions between cars and trains at certain crossings in the early 1990’s, prompting an emergency order that required trains on the Florida railroad to sound their horns. In the more recent case of quiet zones, the area must have a flashing light and automated gate to prevent crashes. Authorities may also mandate additional equipment or traffic configurations on a case by case basis.

Source: Safety vs. silence with train crossings, The MetroWest Daily News, October 17, 2010

Continue reading " Ashland to Silence Train Whistles – But Is It Safe? " »

On Friday evening, an alleged drunk driving car crash sent three people to the hospital, including the driver. The 24-year-old man from Nahant was listed in good condition at Massachusetts General Hospital but, according to police, he faces charges of drunk driving and driving to endanger. He will be summoned to court for those charges and also the charge of driving with a suspended license.

Several people called police about the traffic accident, which occurred around 11:55pm on Friday evening and involved a Mazda3. In addition to injuring the driver and his two passengers, the accident also damaged a utility pole. All of those injured in the accident were taken to Massachusetts General Hospital in Boston.

Here in Massachusetts, there is a mandatory minimum sentence of five months in jail for a third conviction of operating under the influence and one year for a fourth offense. It is unclear if the driver in this case had prior OUI convictions or if his driver’s license had been suspended for some other reason.

Source: Man faces charges in Peabody crash, Salem News, October 18, 2010

Continue reading " Peabody Car Accident Injures Three, Driver Charged " »

Last Wednesday morning, a Massachusetts car crash claimed the life of a 61-year-old woman from Peabody. The driver apparently lost control of the vehicle, which ended up in a river near Route 107 in Revere after a wheel feel off the car.

Two passerby were able to help a female passenger to safety, but the driver went down with the car after being unable to get out in time. In the background of the 911 emergency call, one could hear screaming for the driver to roll down her window.

The car was pulled from the water a few hours later, and investigators are searching for an explanation of what happened with the car’s wheel that caused the fatal accident.

Here in Massachusetts, the Good Samaritan law protects non-medical providers who make good faith efforts to help others in distress provided there is no willful or wanton misconduct or gross negligence. A different set of standards govern physicians, nurses, and other medical professionsals.

Source: Woman dies after car crashes into water in Revere, Mass., NECN.com, October 13, 2010

Continue reading " Revere Car Accident Kills Peabody Woman " »

A Dartmouth, Mass. woman was involved in an SUV crash last Friday. The 49-year-old woman’s vehicle went off the road and into a nearby creek. Other drivers who witnessed the car accident rushed her to aid, keeping her head above water until emergency crews arrived to free her from the vehicle. She was conscious when emergency rescuers arrived and transported her to a local hospital.

Eyewitnesses believe the woman may have had a seizure or other medical event that caused her to veer off the highway. No one was else was in the SUV at the time of the crash.

The state’s Good Samaritan laws protect those who perform good faith attempts to render emergency care, including CPR and defibrillation, except in cases of gross negligence of willful or wanton misconduct.

Massachusetts law also requires those who have suffered a seizure or other loss of consciousness to voluntarily surrender their driver’s license until they have remained free of episodes for a minimum of six months.

Source: Olmsted Township: Massachusetts woman saved by passersby after crash, WKYC.com, October 15, 2010

Continue reading " Passerby Save Massachusetts Woman After Car Accident " »

A truck accident in Millbury this morning injured a Sutton man after two tractor-trailer collided. The accident occurred around 3:45am on a ramp from Route 122 to Massachusetts Turnpike.

According to state police, the 51-year-old man from Sutton was driving a 2000 Mack truck toward to the toll booth. He was going the correct way, but state police report that another driver, a 33-year-old man from Pennsylvania, was in the wrong lane when their vehicles collided.

The injured driver was treated for minor injuries at UMass Memorial Medical Center – University Campus in Worcester. The other driver was not injured.

The state police truck investigation unit is still investigating the turnpike accident. Here in Massachusetts, drivers may be ticketed for parking in the wrong direction against traffic. They can also be fined no more than $50 for driving the wrong way down a one-way street.

Source: Wrong-way truck causes accident on Pike ramp, The Telegram, October 14, 2010

Continue reading " Truck Accident Attorneys Discuss Wrong Way Accident " »

On Monday, a Wellesley car crash on Route 128 claims the lives of a husband and wife from Arlington. The 80-year-old husband was reportedly driving a 1997 Dodge van when it veered off the road and hit the guardrail. He was taken to the hospital via helicopter and died of injuries sustained in the car accident the following day. His wife, who was sitting in the passenger side of the van, was pronounced dead upon arrival.

The motor vehicle accident occurred around 3:30pm and is still being investigated by State Police, the State Police Collision Analysis and Reconstruction Section and the State Police Crime Scene Services Section.

Because this is a single vehicle accident and the driver passed away, auto insurance companies won’t be adjusting anyone’s premiums as a result. However, here in Massachusetts, insurance companies generally presume more than in 50% fault in cases such as when there’s a collision with a parked vehicle, a rear end collision, an out of lane collision, or when the vehicle is traveling in the wrong direction.

Source: Arlington Couple Killed in Route 128 Crash, Wellesley Patch, October 12, 2010

Continue reading " Massachusetts Car Accident Kills Arlington Couple, No Other Injuries " »

National Teen Driver Safety Week starts next week, running October 17-24. Teen drivers are four times more likely to be involved in a fatal car accident than an adult driver, according to the National Highway Traffic Safety Administration. In fact, roadway accidents are the leading cause of death for teens, causing two out of five teen deaths.

In 2004, 33.9% of 16-year-old Massachusetts drivers were involved in car crashes. That percent was slightly lower but still significant for 17-year-olds and 18-year-olds. Over two dozen teen drivers died that year in fatal car crashes. With thousands of teens being issued a driver’s license each year (over 44,000 16-year-olds received Massachusetts driver’s licenses in 2005), it’s important that junior operators understand the seriousness of operating a motor vehicle.

Massachusetts’ new Distracted Driving Law, which went into effect on October 1, prohibits 16 and 17-year-old drivers from using a cell phone while driving, even if they have a hands-free set. Massachusetts teens who violate the law are subject to a $100 fine and could lose their license for 60 days for a first offense.

Sources: Simple steps can keep kids safer on the road, Superior Telegram, September 24, 2010

Some Statistics that You Should Know about Teen Drivers, Mass.gov

Continue reading " Boston Car Crash Lawyers Discuss Teen Driving Statistics " »

On Tuesday morning, a Western Massachusetts school bus accident injured seven children when the bus was rear-ended by another vehicle. The traffic accident occurred around 8:30am in the town of Longmeadow.

According to the Longmeadow police lieutenant, the bus was en route to Curtis Blake Day School in Springfield and had stopped at a red light on Converse Street, then began to move again when it stopped suddenly to avoid hitting a pedestrian still in the crosswalk. The vehicle behind the bus rear-ended it. The bus driver and the people in the car were not injured, but all seven children were taken to Bay State Medical Center to be treated for minor injuries.

According to the Massachusetts Office of Health and Human Services, almost half a million Massachusetts students ride school buses each year and accidents are rare. Most bus-related injuries occur with pedestrians who are entering or exiting the bus.

Sources: Seven children injured in W. Mass. school bus crash, Boston Globe, October 5, 2010

School Bus Safety Fact Sheet, Mass.gov

Continue reading " Longmeadow Bus Stops for Pedestrian, Injures Passengers " »

On Wednesday morning, a Hyde Park man was involved in a car accident that took his life. The 32-year-old man was driving a 1993 Infiniti sedan when the vehicle reportedly crashed into a concrete barrier, flipping over and landing on its roof between two toll booths on Interstate 95.

State police freed the accident victim from his vehicle by cutting his seat belt. Authorities believe speed was a factor, but as of late Wednesday evening, they were still investigating the car crash.

Auto insurance companies typically handle single-vehicle accidents differently from accidents involving several vehicles. In this case, the driver unfortunately did not survive the accident, but in cases where the driver does survive, they are typically assumed to be at fault because no other vehicles were involved. However, in some cases, an investigation and witnesses might prove that the driver swerved to avoid another vehicle or a pedestrian.

Source: Driver killed in crash at Hampton tolls identified, Boston Herald, October 7, 2010

Continue reading " Massachusetts Man Dies in Single-Vehicle Crash " »

The driver involved in a Massachusetts car accident on Route 8 that killed a 29-year-old Tolland woman has been sentenced. The crash occurred in March 2009 when the driver, a 48-year-old Connecticut woman who was found to be operating under the influence of alcohol, collided head-on with the victim’s vehicle.

After pleading guilty to charges including motor vehicle homicide while under the influence of alcohol, she was sentenced to six to ten years in prison for drunk driving. Because she apologized to the family of the victim and has no prior record, her lawyer requested a lighter sentence.

Here in Massachusetts, defendants found guilty of vehicular homicide while operating under the influence are subject to mandatory jail time. The passage of Melanie’s Law means stricter penalties on drunk driving, including a mandatory minimum of two and a half years in state prison and a maximum of up to 15 years. Drivers may also have their license revoked and get substantial fines. Manslaughter by motor vehicle carries a minimum mandatory jail sentence of five years.

Source: Conn. woman gets prison time for fatal Mass. crash, Boston Herald, October 5, 2010

Continue reading " Tolland Woman Killed in Massachusetts Crash, Driver Sentenced " »

Massachusetts’ text messaging ban went into effect last week. The goal of the ban is to reduce the number of auto accidents caused by distracted drivers.

However, according to research released by the Insurance Institute for Highway Safety, texting bans don’t actually reduce the number of roadway accidents. In fact, in the four states studied by the HLDI, three out of four states experienced an increase in car accidents after enacting a text messaging ban. HLDI researchers hypothesize that this increase may be due to drivers who continue texting but keep their cell phones low and out of sight, taking their eyes even further from the road. Some also say that texting bans take the focus away from other important safety measures.

However, some safety officials say the ban can be effective when paired with strict enforcement. Here in Massachusetts, drivers caught texting while driving are subject to a $100 fine for the first offense and $250 (plus a 180-day suspension) for the second offense. While it’s too soon to tell if Massachusetts’ text messaging ban will prove effective, we’ll be interested in seeing how the issue unfolds.

Source: Text Messaging While Driving Laws: Do They Decrease Safety?, IEEEE Spectrum, September 30, 2010

The Massachusetts car crash attorneys at Altman & Altman can answer your legal questions if you have been injured in a bus, car, or truck accident.