Boston Car Accident Lawyer Blog

After an extensive investigation, a Peabody teenager whose car crashed into a house last month has recently been arraigned for driving under the influence of alcohol. As reported in Peabody Teenager Survives After Crashing into House and Catching Fire, Robert Habeeb, Jr.’s car exploded into flames after it crashed into a house . Firefighters were able to pull him from the burning sedan at approximately 2:30 a.m. on December 11. Habeeb was not seriously injured in the crash despite the crashes´ severity. He has pleaded not guilty to five charges, including operating under the influence of alcohol and reckless operation of a motor vehicle in the Peabody District Court. The 18-year-old Peabody High senior was additionally charged with negligent operation of a motor vehicle, failure to yield, and failure to have an inspection sticker.

According to papers that were filed in court, a blood sample taken in the hospital after the crash revealed that Habeeb’s blood alcohol level was two-and-a-half times the legal limit. The State Police Lab sent the blood results to the Peabody Police Department last Wednesday. Before this more serious finding, Habeeb was issued a criminal motor vehicle citation after the accident for operating a motor vehicle recklessly so as to endanger. The records also revealed that Habeeb was traveling 109 miles per hour five seconds before the crash.

Peabody Police formally summonsed Habeeb with the charges filed against him this week while he was at school, including the operating under the influence of alcohol charge. Richard Chambers, Jr., Habeeb´s Lynnfield-based attorney, said that defendants are usually sent a summons in the mail at least two weeks in advance. Both Habeeb and his lawyer declined to say if he drinking or what his activities were on the night of the crash. He was not given a field sobriety test or a breathalyzer test on the night of the crash.

A spokeswoman for Essex County District Attorney Jonathan Blodgett's office, Carrie Kimball Monahan, said that there is not a standard procedure to summon a defendant to court in Essex County. She said, “In this case charges were sought yesterday and the clerk issued an arraignment for today so he was served…It had to be done.”

Peabody Police spokesman Michael Crane said “An extensive investigation was conducted, the charges were filed accordingly based on the investigation.” He said that the Peabody Police led the investigation and worked together with members of the Massachusetts State Police Accident Reconstruction Team.

In a separate hearing after the arraignment, Judge Richard Mori ordered Habeeb not to consume any alcohol while the case is pending and he must take random alcohol tests. He must also adhere to an 8 p.m. curfew while the case is pending. Mori also ordered him to turn in his license to the court despite the fact that the Registry of Motor Vehicles has already suspended Habeeb’s driver’s license.

If you have been involved in a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Source:

Peabody teen charged with OUI in crash at Herrick Road home , www.boston.com, January 11, 2012

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Continue reading "Peabody Teenager Charged With OUI After Crashing Into House" »

After a teenage driver crashed his vehicle into a Peabody home last week, the car flipped onto its side, burst into flames, and the engine detached onto the front lawn. Robert Habeeb, Jr. 18, of Peabody, was reportedly returning home from hanging out with his peers at approximately 2:30 a.m. on Sunday morning when the accident occurred. The vehicle first hit a tree stump, then a stone wall which sent the car into the air, and then into a house on Herrick Road, which caused both the car and house to catch fire. The owners of the house were not home when the accident occured but the damage to the house has been estimated at approximately $50,000.
Firefighters were said to have had to climb on top of the overturned vehicle as it was still burning to look for the driver. He was released from Massachusetts General Hospital with only relatively minor injuries including a bruised pelvis, back pain, a bump on his head, and burns on his knuckles.

The teenager´s father, Robert Habeeb said, "He fell asleep driving home…He doesn't remember anything…I just want to thank the Peabody Fire Department and Police Department for finding Robert and pulling him out of the car and saving his life…When I think of what might have happened if they'd come a minute later ..."

Peabody fire Capt. Dale Kimball recalled the scene of the accident as the most horrible he'd ever seen in more than a decade as a firefighter. A witness, neighbor Charles Annino, called his mere survival a miracle. The teenager´s father agreed and said "If you saw the car, you would think that, too…The tow-truck people said it was the worst wreck they'd ever picked up." Family members have mentioned that the teen is looking forward to thanking the firefighters who rescued him.

Police Spokesman Michael Crane said that the investigation is open but they had not filed charges against Habeeb. Crane did not confirm if chargers could be filed at a later date. Peabody police have not involved the state police accident reconstruction team.

If you have been involved in a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Sources:

Driver saved from burning car is home from hospital, The Salem News, December 13, 2011

Peabody teen whose car hit house released from hospital
, www.boston.com, December 13, 2011

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General Motors Company has recently announced that they are developing a way to discharge the battery in Chevrolet Volts to prevent the battery from causing car fires after car crashes. This announcement comes after the Volt was crash-tested by the National Highway Traffic Safety Administration (NHTSA) and subsequently caught fire three weeks later, causing skepticism over safety of the electric vehicle.

Rob Peterson, a GM spokesman, said that GM is currently working with the NHTSA and will announce their safety procedures as soon as they are finished. Peterson said “We had a process internally but I don’t believe it was shared with anyone…The incident with NHTSA raised awareness that we had to develop a procedure and alert all stakeholders.” The executive director of the Center for Auto Safety in Washington, Clarence Ditlow, said “I can’t conceive that they didn’t have a standard operating procedure in place for handling a wrecked vehicle before the car went on sale…NHTSA and GM should have established protocols in place before it went on sale.” Although The Volt´s counterpart, the Nissan Leaf, had already developed and established a safety plan by the time both cars were released for sale in December 2010. Additionally, Nissan´s Leaf has a protective steel case around its battery to protect the battery from puncture, unlike the Volt.

GM believes that a coolant leak carried an electrical charge to a flammable material inside the battery. When a lithium battery is punctured by steel, a chemical reaction will raise the temperature and could potentially cause a fire. GM’s chief engineer for electric cars, Jim Federico, said that GM´s new technology reduces power in the battery so it won’t catch on fire after a collision. He said “The fire occurred because the battery wasn’t completely discharged after the test…GM developed its battery depowering process for the Volt after NHTSA’s test.”
GM previously had a process to discharge the Volt batteries but the automaker did not distribute the training to tow truck drivers, body shops, salvage yards and others who may handle or be in contact with the car after emergency personnel had finished working at the scene of an accident. The company was individually sending out engineers to check any Volt that got in an accident. If it was necessary, they would discharge the battery.

Although the NHTSA confirmed that it did not believe the Volt or any other electric vehicles are at higher risk for fires than gasoline engines, the NHTSA is currently examining the safety of lithium-ion batteries that power all electric vehicles. NHTSA is asking all automakers that sell lithium-ion powered vehicles or will sell in the future, about the batteries´ safety and potential fire risk.

If you have been involved in a Massachusetts car accident, it is in your best interest to contact an experienced a Massachusetts car accident lawyer.

Sources:

U.S. probes EV batteries after Chevy Volt fire, Reuters, November 11, 2011

GM Seeks Ways to Discharge Volt Batteries Following Car Crashes, Bloomberg News, November 17, 2011

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Massachusetts and Connecticut police report that three teens have been hospitalized and remain in serious condition after they stole a car from Connecticut and crashed in Massachusetts. Early Friday morning, the three teenagers stole a gray Dodge Sebring from Grosvenor Dale, Connecticut. Connecticut State Police notified Massachusetts State Police that they were chasing the stolen vehicle on Route 395 North near the Massachusetts state line in Webster. A Massachusetts police officer, Ronald Tetreau Jr., was parked on the side of the road, and soon saw the car speeding over 100 miles per hour in Douglas. The officer attempted to follow the vehicle but temporary lost sight of the speeding vehicle. Officer Tetreau then came upon the vehicle´s debris on Webster Street, also known as Route 16. The vehicle had hit a fence, a utility pole, and rolled over several times.

The two occupants who were seated in the front of the car had been thrown from the vehicle. A 15-year-old from Putnam, Connecticut, was driving, police said. A 16-year-boy from Dudley, Massachusetts was in the front passenger and was also seriously injured. A 16-year-old female passenger was sitting in the back seat and had to be extricated from the vehicle. Police have identified the female passenger as Skyelynn Mathieu of Ware, Massachusetts, but have not released the identities of the two males in the vehicle. All three victims were taken to University of Massachusetts Memorial Medical Center, University Campus in Worcester, where they remain in critical condition.

Authorities found stolen property in the vehicle and charges could potentially be filed when the investigation is complete.

Police Chief Patrick T. Foley said that the crash is under investigation. Douglas Police are working with Connecticut State Police, and the Central Massachusetts Law Enforcement Council Crash Reconstruction Unit and the District Attorney’s Office are also investigating.

If you have been involved in a car accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Sources:

Teens remain hospitalized from stolen car crash, Worcester Telegram, November 14, 2011

3 Teens Hurt in 100 MPH Crash, NBC Connecticut, November 11, 2011

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New wireless technology enables communication between vehicles that has the potential to improve safety and to help drivers avoid car accidents. At a recent research clinic hosted by the Department of Transportation at Walt Disney World® SPEEDWAY in Orlando last week, U.S. Transportation Secretary Ray LaHood said, "Thanks to the efforts of automakers and the safety community traffic fatalities have reached historic lows. Despite these great strides though, more than 32,000 people are still killed on our nation's roads every year. That's why we must remain vigilant in our effort to improve safety…This research should bring us a step closer to what could be the next major safety breakthrough."

Research by the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) reveals that connected vehicle technology could potentially decrease approximately 80 percent of vehicle crashes involving non-impaired drivers. The research shows that such technology could help to prevent many types of crashes that typically occur in the real world such as crashes at intersections or during lanes changes.
The "Driver Acceptance Clinic" is one of many that will eventually be held across the nation in order to evaluate cars equipped with vehicle-to-vehicle communications systems in a controlled environment where researchers can observe drivers' responses to audible warnings. The in-car collision warnings for the drivers include messages such as "do not pass", alerts that a vehicle has suddenly stopped ahead, and other similar safety warnings.

NHTSA Administrator David Strickland said, "With its potential to save lives and prevent injuries, connected vehicle technology could be a real game-changer for vehicle safety…These clinics are vital to understanding how drivers will respond to the technology and how connected vehicles communicate in real world scenarios."

These driver clinics are the first of a two-phased research program jointly developed by the Department's National Highway Traffic Safety Administration and Research, the Innovative Technology Administration (RITA), and the U.S. Department of Transportation. Driver response clinics have already been held in Michigan and Minnesota. Future clinics are planned for Virginia, California, and Texas before January 2012. Following the driver clinic programs, the Department of Transportation will launch 3,000 vehicles with communication technology to continue testing from the summer of 2012 through the summer of 2013. These vehicles will operate on roads in Ann Arbor, Michigan, and will test a limited number of vehicle-to-infrastructure applications in addition to continuing the research on vehicle-to-vehicle communication systems.

The information collected from both phases of the research will be used by NHTSA to determine by 2013 whether to continue with additional vehicle-to-vehicle communications and to determine possible future laws.

Although this is an important step for the future, car accidents still happen today. If you have been involved in a Massachusetts car accident, it is in your best interest to contact an experienced a Massachusetts car accident lawyer.

Source:

U.S. Department of Transportation Hosts Research Clinic to Test 'Connected Vehicle Technology' , NHTSA Press Release, October 19, 2011

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Danielle Morin, a 23-year-old woman, was given a suspended jail sentence and probation after pleading guilty to causing a March head-on collision in Attleboro. In the Attleboro District Court, Morin was given a two-year jail sentence, which was suspended for two years with probation by Judge Daniel O'Shea after she had pleaded guilty to driving to endanger.

The March 5 head-on collision occurred around 9:30 p.m., when a passenger in the rear seat of Morin's car allegedly put her hands over Morin's eyes, which caused her to lose control of the car and crash into an oncoming car. The passenger, Latoya Garnes, 26, who allegedly covered Morin's eyes, is scheduled to face trial on October 5. She pleaded innocent to assault and battery by means of a dangerous weapon, being disorderly, possession of an open container of alcohol and malicious damage. Police found a bottle of vodka, an open bottle of whiskey and a can of beer in the back seat of the vehicle. Morin, the driver, did not have alcohol on her breath and was not charged with drunken driving, according to court records. Morin was found responsible on civil charges of failing to drive within marked lanes and driving with an open container of alcohol, which were filed by the court.

O'Shea additionally ordered Morin to attend the Brains at Risk Program, which is a program to promote awareness about traumatic brain injuries and promote responsible driving. The Brian Injury Association of Massachusetts uses video, graphics, and group discussions as learning tools to demonstrate the importance of choices made by drivers and the potential impact of irresponsible driving.

The accident injured all three people in the other car. Jessica Coburn, 32, of Attleboro, and her 13-year-old daughter Janessa suffered from serious injuries while Scott Wilkins, 38, of Attleboro, had an arm injury. Coburn spent approximately a month in the hospital and another three months in a wheelchair from hip, leg and chest injuries.

If you have been involved in a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Source:

Driver pleads guilty to causing head-on crash, The Sun Chronicle, September 28, 2011

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A mother from Massachusetts was driving her six children from Massachusetts to the West Coast for a family gathering when she lost control of her vehicleearly in the morning on August 2nd in Beaver Creek, Minnesota. Pamela Roper, a 43-year-old mother from Massachusetts, admitted to falling asleep at the wheel around 4 a.m. near Exit 5 on Interstate 90. Minnesota State Patrol established that the vehicle went off of the road, through a ditch, and hit an embankment.

Her 14-year-old teenage son, Daniel Davis, was pronounced deceased at the scene of the accident. He was not wearing his seatbelt. Roper and three of her other children were taken to the hospital with serious injuries. Their ages are 11, 9, and 7. Two of her other children were treated at the scene of the accident, aged 19 and 4.

Minnesota State Patrol commented that the accident was "a sad reminder of the dangers on the road". Minnesota State Patrol Captain Brian West confirmed that in addition to Roper feeling fatigued, not everyone, including the teenager, was wearing their seatbelt. He commented that wearing a seatbelt on the interstate is especially important: "If you are, you're going to survive that crash…If you're not, especially at highway speeds like 70 miles per hour, your chances of death or serious injury are significantly increased." Despite the fact that this portion of the interstate does not have frequent traffic, many accidents occur in this rural area. "A majority of the crashes that occur in Minnesota that result in fatalities occur in rural Minnesota…So, even though we may not always have a lot of traffic, some people may think there's no need for the belt because it appears to be safer roadways," said West.

Roper has been released from the hospital but her three children remain in critical condition.

The National Highway Traffic Safety Administration (NHTSA) reports that seatbelts save over 13,000 lives per year. The NHTSA provides the following tips on the importance of seatbelt safety:

• Wearing your seatbelt is the best way to protect yourself in an accident
• Airbags do not replace seatbelts
• To buckle-up correctly, the lap belt and shoulder belt should be secure across the pelvis and rib cage
• In order for a seatbelt to work correctly, it must fit correctly; belt extenders or new shoulder belts are available from car dealers and manufacturers.
• Everyone should wear a seatbelt despite age or condition. Pregnant women, obese, and eldery, can all effectively buckle-up safely.

The NHTSA also advises frequent or potentially fatigued drivers with the following:

• Do not start your journey tired.
• Do not continue to drive if you become tired. Pull over to a safe stop as soon as possible.
• For long drives, plan at least 15-minute breaks every two hours.
• Opening the window for fresh air or turning up the radio are only sufficient until you find a place to pull over.

If you have been involved in a car accident, it is in your best interest to contact an experienced car accident lawyer.

Source:

Fatigue, Seatbelts Factor In Fatal I-90 Crash , Keloland.com, August 2, 2011

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After a high-speed chase on Interstate 93 South, Frank S. Ceccaroni Jr., 47, from Holliston, is being held without bail. It will be decided if he is a danger to the public in hearing on Monday. In the Woburn District Court, Judge Paul Yee charged Ceccaroni with his sixth offense for driving under the influence of liquor, receiving a stolen vehicle, receiving stolen property, four counts of refusing to stop for police, driving to endanger, driving with a suspended license due to previous drunk driving charges, driving an unregistered car and driving an uninsured car. In addition to these charges, he was cited for attaching plates, speeding and for violating marked lanes.

At 1:15 a.m. on Wednesday morning, State Trooper Peter Stanley pulled over Ceccaroni in a construction zone for swerving between lanes and for almost hitting another vehicle on I-93 South in Stoneham. According to Stanley, Ceccaroni was showing signs of intoxication. The trooper then ran the license plate number and found that the plate belonged to a Dodge Caravan. Stanley noticed the vehicle´s brake lights going on and off while he was checking his license information and Ceccaroni then drove off extremely fast. He reportedly almost hit the road workers and police officers who were directing traffic through the construction zone. According to Middlesex assistant district attorney Amanda Rowan, as he drove off, he was "exceeding speeds of more than 130 mph."

A high-speed chase ensued and ended in Medford when Cecceroni crashed the vehicle into a trailer truck and was subsequently dragged underneath the trailer truck for a short distance before the truck driver was able to stop. The rescue team had to remove the roof off of the vehicle to extricate Cecceroni. The truck driver was not injured. Rowan commented: "Fortunately this ended with no one, other than the defendant, suffering any injuries…It was an extremely dangerous event."

State police later confirmed that the car he was driving, a red 2005 Infiniti, was stolen on June 1 from Mass Auto Exchange in Framingham. Police also confirmed that the license plate was stolen from a green Dodge Caravan that was parked at Massachusetts General Hospital when the plates were stolen.

In his arraignment on Wednesday, Rowan asked the judge to hold Ceccaroni as a danger to the public. Lisa Kavanaugh, Ceccaroni's lawyer, pleaded not guilty on his behalf and asked that the judge send Ceccaroni to Bridgewater State Hospital for evaluation and alcohol abuse treatment. She cited the Commonwealth´s general laws, Section 35 in Chapter 123, in which the definition of an alcoholic is one who has lost control and their livelihood due to their dependency.

Judge Yee instead ordered that Ceccaroni be held without bail at Middlesx Jail in Cambridge until his hearing on Monday. Our office has handled numerous cases where an individual is injured as a result of a police chase. Often times an innocent bystander can sustain the most significant injuries. If one is injured as a result of a police chase many of the same benefits that they are ordinarily entitled to remain, but depending on the circumstances the possibility exists for a potential uninsured motorist claim or an underinsured motorist claim. Some factors that will influence what type of claim can be brought are whether the vehicle involved in the chase was stolen, whether the vehicle was insured at the time of the chase, what type of automobile you or someone in your household had at the time of the accident.

If you have been involved in a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Sources:

I-93 chase ends in crash, OUI arrest, The Boston Globe, June 9, 2011

Holliston man charged with Framingham car theft, drunken driving, The Milford Daily News, June 9, 2011

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The Massachusetts Supreme Judicial Court has ruled that prosecutors no longer have to ask a technician to testify that the breathalyzer machine was functioning correctly in drinking and driving cases. In the Commonwealth v. Zoanne Zeininger, SJC-10758, the state’s highest court refuted claims by Zoanne Zeininger, who had a breathalyzer test administered and was then convicted of operating a motor vehicle under the influence, that the certification of the machine and maintenance records was testimony and thus the technician who had prepared them should be cross-examined by her defense.

Zeininger´s defense argued that the Constitution´s Sixth Amendment gives people the right to cross-examine the witnesses against them and also referred to a United States Supreme Court case, Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), in which justices ruled that drug lab experts should testify because drug analysis certificates were used as testimony. The Court resolved that it was a violation of the Sixth Amendment right of confrontation for a prosecutor to submit a drug test report without the lab technician´s testimony.

The Massachusetts Supreme Judicial Court also referred to a section of the Melendez-Diaz case in which it admitted that “documents prepared in the regular course of equipment maintenance may well qualify as nontestimonial records.” Thus, as written by Justice Robert Cordy, in Commonwealth v. Zoanne Zeininger, the court ruled that the “records are non-testimonial, and their admission without the live testimony of the technician who prepared them did not violate the confrontation clause of the Sixth Amendment.” They also noted that such machine and maintenance records were solely office records, in order to “guarantee, internally, as a matter of course, and when necessary, in court, the accuracy and standardization of all breathalyzer testing across the various police departments of the Commonwealth.”

David E. Sullivan, Northwestern District Attorney, commented "I am very pleased that the SJC accepted our argument that requiring breathalyzer technicians to testify in every OUI trial is wholly unnecessary."

If you have been in a Massachusetts car accident involving drinking and driving, it is in your best interest to contact an experienced a Massachusetts car accident lawyer.

Source:

SJC rejects challenge to breathalyzer test certification, Boston Globe, May 24, 2011

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Charges are pending for 29-year-old Timothy Tatro from Pittsfield as an investigation is underway as to why he drove his van off of the road and crashed into a house on Route 7 in Williamstown. Tatro´s vehicle drove approximately 178 feet off of the road at a large curve, onto the front lawn, and into the house´s front bedroom. The crash then quickly ignited a fire in the house and Tatro was rescued before he was harmed by the fire.

The two residents of the house were home but out of harm´s way in the living room. Authorities explained that everyone involved is very fortunate, given the severity of this situation. Williamston Police Chief Kyle Johnson confirmed "There were two people in the home. I'm told they were both away in the living room when the car hit, and I think it jolted one of them out of their seat."

Donna Sampson, a neighbor who witnessed the house catching on fire explained that the house was quickly engulfed in flames after the car hit the house. She said that the accidents on this road are usually coming from the opposite direction of the curve, whereas this vehicle was heading southbound.

Although the cause of this crash is still under investigation, given the circumstances, distracted driving could have played a role in this one-car accident. Distraction.gov, the Official US Government Website for Distracted Driving, reports that in 2009, approximately 448,000 were injured in car accidents due to distracted driving, meaning that 20% of all injury crashes involved distracted driving.

Distractions that can inhibit driver ability are:

• Talking on a cell phone (even if it is hands-free)
• Texting
• Eating or drinking
• Talking with passengers
• Grooming
• Reading (including maps)
• Using a PDA or navigation system
• Watching a video
• Changing the music or radio station

If you have been involved in a Massachusetts car accident or your personal property has been damaged due to a car accident, it is in your best interest to contact a Massachusetts car accident lawyer.

Sources:

Car crashes into home, bursts into flames, WNYT/CNN, May 18, 2011

Statistics and Facts About Distracted Driving, Distraction.gov

Continue reading "Car Plunges into Home and Catches Fire in Williamstown" »

May is National Bike Safety Month. Bike fatalities and bike accidents with other vehicles plague the whole of Massachusetts in cities, on college campuses, and in rural areas alike. Because bicyclists have very little protection against cars or other large vehicles, the effects are more often than not, very severe. Unlike riding in a car, where the driver and passengers have protection such as seat belts, airbags, and other protection, bicyclists´ only protection is a helmet.

The National Highway Traffic Safety Administration (NHTSA) reports that in 2009 alone, 630 cyclists were killed in the United States. In addition to this, 51,000 were injured in motor vehicle traffic accidents. Cyclist deaths thus made up 2% of all motor vehicle accident fatalities. Approximately 70% of all bicycle fatalities happen in urban centers where there are more cars and bikes on the road. The NHTSA also reports that bicycle helmets are 85% to 88% effective at preventing head injuries and death. However, the statistics show that less than 25% of all bicyclists wear a helmet.

Here in Massachusetts, the Massachusetts Department of Transportation (MassDOT) and the Massachusetts Bicycle Coalition (MassBike) have joined forces during National Bicycle Month to create Bay State Bike Week, from May 14th to 20th. Throughout the week, statewide events will be held to celebrate bicycle transportation and to promote bike safety.

In order to ensure a safe ride and to help prevent collisions with cars, here are some valuable safety tips:

• Always wear a helmet.
• Know the rules: just like motor vehicles, bikes must stop at stop signs and red lights, and only proceed when the light is green.
• Make sure your bike is in good condition before riding, especially if it has been neglected during the winter. Check the brakes, wheels, and tires.
• Always keep an eye out for open car doors, especially on narrow or busy streets.

If you have been involved or injured in a bicycle accident in Massachusetts, it is in your best interest to contact a Massachusetts bicycle accident lawyer.

Sources:

Bay State Bike Week, Massachusetts Department of Transportation

Bicycles, National Highway Traffic Safety Administration

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A severe two-car accident on the Boston Turnpike/Route 9 in Shrewsbury yesterday resulted in an overturned vehicle and the temporary closure of Route 9 Eastbound. A 2008 Subaru Forester, driven by Antonia Cappuccio who is 61 and from Jefferson, rolled over when she was hit by a 1995 Lincoln Continental driven by Mary Iannotti, age 84, from Worcester. Cappuccio and Iannotti both hit the center divide and the Subaru continued to rollover. The Lincoln drove off of the road to the right.

Each driver suffered injuries and were both taken to UMass Medical Center in Worcester. The two passengers in the Subaru were also taken to the hospital, one of which was a young child
who was taken to be evaluated.

The cause of this accident continues to be under investigation by an accident reconstruction team and the Shrewsbury Police.

Rollover accidents can occur in many different circumstances. The National Highway Traffic Safety Administration warns that there is a greater rollover risk if:

• The driver is inexperienced or fatigued
• The driver is distracted
• The tires are not the correct size for the vehicle
• The tires are improperly inflated
• Cargo or passenger weight surpasses the recommended weight found in the vehicle´s user manual.

If you have been involved in a Massachusetts car accident, it is advised that you contact an experienced Massachusetts car accident lawyer.

Source:

Major accident snarls Route 9 in Shrewsbury, The Shrewsbury Lantern, May 3, 2011

Rollover, safecar.gov

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A number of Wednesday morning car accidents this week left one man dead and Massachusetts State Police busy from accident to accident during the morning commute.

The most severe of four accidents involved a 46-year-old man from Derry, John Perry. After losing control of his vehicle on Route 3, he crossed over an exit ramp in Tynsgborough, crossed the median, rear-ended another vehicle, and then tumbled into the side embankment. Perry was pronounced deceased at the scene of the accident. State Police report that the accident is under investigation but Perry might have suffered from a medical condition that led him to lose control of his vehicle.

Another crash, on Interstate-93 South, was a two-car crash near Ballardvale Street in Wilmington at 6:45 a.m. One person was taken to the hospital for minor injuries.

The third accident involved a commercial vehicle and a 2008 Pontiac Grand Am. William Gurrisi Jr., 48, from Haverhill, was driving the commercial vehicle and Rosalie Papoutsy, 73, from Atkinson, was driving the Pontiac. Gurrisi was transported to Lawrence General Hospital for his injuries. Both vehicles were towed from the scene of the accident. The accident is under investigation and the cause of the accident is not yet known.

The final accident occurred at 6:50 a.m. on Interstate-93 South near Dascomb Road. Thomas Judd, 58, from Lowell was driving his 1998 Buick Regal when it caught fire. He was able to pull over to the side of the road and escape without any injuries before the vehicle was fully engulfed in flames. The Andover Fire Department was able to extinguish the fire and the cause of the fire is under investigation.

Although the causes of all of these early morning accidents are under investigation, it is important to be aware of common early morning driving hazards and to never drive when fatigued.

• Do not start your journey tired.
• Do not continue to operate your vehicle if you become tired while driving. Pull over to a safe rest stop as soon as possible.
• Plan at least 15-minute breaks every two hours for long drives.
• Opening the window for fresh air or turning up the radio are only sufficient until you find a place to pull over.

If you have been in a Massachusetts car accident in which fatigue may have been a factor, contact an experienced Massachusetts car accident lawyer.

Source:

Derry man dies in Mass. accident, The Eagle-Tribune, April 28, 2011

Continue reading "Series of Early Morning Commute Accidents in Massachusetts Leave One Dead and Several Injured" »

The National Highway Traffic Safety Administration has recently reported on odometer fraud and the importance of thoroughly inspecting a used car before purchasing it. When purchasing a used car, buyers usually inspect seatbelts, brakes, and air bags. However, the NHTSA’s Office of Odometer Fraud Investigations, is urging used-car buyers to also now consider odometers in order to prevent possible car accidents and ensure a safe drive.

The Office of Odometer Fraud Investigations (OFI) advises used-car buyers to be exceedingly scrupulous in order to guarantee that a car’s safety features have not been tampered with or that a seller has not rolled back the odometer. Because car professionals and automakers recommend part replacements, tune-ups, and oil-changes based on a car's mileage, a faulty odometer reading can jeopardize the overall safety of a vehicle and result in a car accident. OFI reports that even a newer car’s odometer can be tampered with, leading one to believe that a car is safer and more valuable than it actually is.

Under Federal law, the odometer law (49 U.S.C. Chapter 327/Public Law 103-272) prohibits the disconnection, resetting, or alteration of a car's odometer with intention of changing its number of miles.

When inspecting the safety features of a vehicle, some key items to help determine whether or not an odometer has been tampered with are:

• The overall performance and condition of the vehicle
• Statements from previous owner, repair receipts, service stickers, or any other document that shows a mileage discrepancy
• If previously owned, you can contact your state motor vehicle titling and registration office to obtain title and title transfer documents pertaining to your vehicle.

The OFI has convicted over 240 criminals in over than 30 states and has reimbursed over $10 million in court orders. Prison sentences for tampering with an odometer range from one month to eight years.

If you or your loved one has been injured in a car accident in which you suspect faulty parts or odometer fraud, it is advised that you contact an experienced Massachusetts car accident lawyer.

Sources:

Vehicle odometer fraud jeopardizes safety...and pocketbooks, Department of Transportation, National Highway Traffic Safety Administration, April 19, 2011

Office of Odometer Fraud Investigations, National Highway Traffic Safety Administration

Continue reading "National Highway Traffic Safety Administration Warns of Vehicle Safety and Odometer Fraud" »

An accident involving a dump truck set off a four-car accident that left three people injured on Route 16 in Uxbridge. A Toyota Camry driven by George Cournoyer, 73, of Slatersville, R.I., drifted into the opposite lane of traffic and hit a dump truck that was towing an excavator. The dump truck then lost control and the trailer flipped over, blocking both lanes. Two other cars were hit as the trailer rolled over.

Cournoyer was severely injured. Mendon Police Chief Ernest Horn, who led the accident reconstruction investigation reported that,"He had significant internal injuries and left-sided injuries from the crash." According to Police Chief Scott J. Freitas, the roof of his car had to be removed in order to extricate him. He was then taken to UMass Memorial Medical Center in Worcester by helicopter.

A pregnant woman from Webster, Stephanie Daigle, and her 6-year-old son were taken to Milford Regional Medical Center with what Freitas described as "very, very minor injuries." She was taken to the hospital as a caution because she was pregnant and has since been released. Her vehicle was hit by the trailer as it rolled over.

Because diesel fuel spilled onto the road from the crash, the Massachusetts Department of Environmental Protection and Clean Harbors were contacted to clean up the environmental hazards.

Although no charges have been filed yet, the accident is currently under investigation and charges are expected to be filed.

When involved in a Massachusetts car accident, it is advised that you contact a Massachusetts car accident lawyer. Especially in the case of a multiple-car accident with one vehicle at fault, it is important to find a >lawyer who has decades of experience with multiple-car accident insurance claims.

Source:

Several hurt in Uxbridge crash, The Milford Daily News, April 19, 2011

Similar Blog Posts:

Vehicle Accelerates and Crashes Into Five Cars at Logan International Airport Terminal C

Several Injured and One Killed Following a Four Vehicle Car Crash in Lexington

Continue reading "Multiple Vehicle Accident Involving Dump Truck Leaves Several Injured in Uxbridge" »

In an effort to make Massachusetts drunk driving laws easier to understand and apply, State Senator Katherine Clark has called for legislation that would make the laws more comprehensible. In Massachusetts, impaired driving laws have been amended 69 times and continue to become more confusing and repeated in many places. For example, when the legislation was changed in 2005 for repeat drunk driving, not only did it adopt the new name, “Melanie’s Law,” in memory of 13-year old Melanie Powell who was killed by a repeat drunk driver, but the change added eight new sections and seven new categories of amendments to the law that was already ambiguous. As a result, the law can be construed and interpreted in many different ways.

In an article written by State Senator Clark in today’s Boston Globe, Clark writes that: “…judges, prosecutors and defense counsel struggle to apply the law. Most experts agree that the content of the law is solid, but the language needs to be re-worked to ensure protections against drunk drivers.” She continues to say, “In an effort to reorganize the Commonwealth’s OUI laws, I have filed An Act to Protect the Citizens of the Commonwealth from Drunk Drivers.” She argues that this call to clarify the law will not change the substance, criminal sentences, or penalties, but will rather make it easier to understand and use in order to protect citizens from drunk drivers.

There are approximately 13,000 Massachusetts drivers who are convicted of drinking and driving each year. In 2008 alone, there were 363 traffic fatalities due to drunk driving in Massachusetts. State Senator Clark asserts that this legislation will improve the drunk driving law to “protect the citizens of the Commonwealth.”

If you have been injured in an accident, please feel free to contact one of our experienced lawyers for a free consultation.

Source:

Clark calls for clarifying drunk driving laws, The Boston Globe, March 16, 2011

Continue reading "State Senator Katherine Clark Calls for Clearer Drunk Driving Laws in Massachusetts" »

An investigation is underway to determine if the cause of a head-on crash with a Framingham state trooper is due to a car race. Just after 1 a.m. on March 9th, State Trooper Edward Treseler was hit head-on by Alejandro Ramos, 27, of Framingham, who had crossed over the double yellow line on Route 30 in Framingham. Treseler was taken to Framingham Union Hospital and has been released. Ramos, who was not wearing his seatbelt, was taken by helicopter to Massachusetts General Hospital with severe head injuries. Driving next to Ramos’ vehicle, in the other traffic lane, was Falcaneri P. Fuentes, 31, and his passenger, Yenci Pineda, 19, also both from Framingham. Fuentes and Pineda were not injured. Police report that both vehicles were going twice the speed limit, at least 70 mph in a clearly marked 35 mph area. Neither driver has been charged yet but they will be summoned for recklessly operating a vehicle, speeding, violating a marked lane, and driving without a license.

According to State Police, Treseler was at least the 11th trooper involved in a serious accident in the past 15 months that has been attributed to civilian reckless driving, speeding, or impaired driving. This year alone, three troopers have been involved in serious car accidents. Rick Brown, President of the State Police Association of Massachusetts, says that these crashes are due to fewer troopers on the road: “We’re down almost 500 troopers, so when drivers see us every 20 or 30 miles instead of every five or 10 miles, they tend to drive faster…We haven’t had a new class in almost five years…It’s a public safety issue, and it’s something that will also protect us more.’’ According to David Procopio, from the Executive Office of Public Safety and Security, the last class of troopers graduated in 2006, at which point there were 2,600 troopers and now there are less than 2,100.

If you have been involved in a car accident and would like a free consultation, please do not hesitate to contact one of our experienced car accident lawyers.

Source:

Trooper OK after cruiser is hit head-on, Boston Globe, March 10, 2011

Continue reading "State Trooper Hit Head-On in Framingham" »

A Massachusetts man suffered critical head and face trauma after chunks of ice fell off of a passing truck trailer on Route 31 in New Hampshire. Stanley Raczelowski, of Westford, Massachusetts, was driving northbound when the ice fell from a truck heading southbound near the town of Mason, New Hampshire. There are no witnesses of this single-car accident. Although it is possible that the driver was unaware of ice falling off of his or her vehicle, the driver, owner, or company of the truck, have not yet been found or identified.

Police reported that Raczelowski was first taken to Monadnock Regional Hospital and then transferred to a Worcester, Massachusetts, hospital for more treatment.

In New Hampshire, drivers who do not clear ice off of their vehicle can be charged with $250 to $500 and negligent driving. Known as “Jessica’s Law”, this legislation was passed after Jessica Smith was killed in 1999 in an accident in which the driver of a state truck lost control and crashed into her vehicle after he was struck by a 9-foot piece of ice that flew off of a passing trailer truck.

In Massachusetts, State Representative Cleon Turner is currently pushing for this same type of law. Turner argues “I’m…concerned about having legislation there or a statute there eventually that will give police the tools they need to stop a vehicle and say, ‘Look. You need to clean the snow off your vehicle because it’s dangerous.’” He said that the amount of the fine is negotiable but the concept that drivers should completely clear the snow off of their cars should be mandatory for the safety of other drivers.

If you have been involved in a car accident and would like a free consultation, please do not hesitate to contact one of our experienced lawyers.

Sources:

Flying ice causes Greenville accident, The Telegraph and NashuaTelegraph.com, March 4, 2011

Lawmaker proposes fine for not clearing snow off cars, 7-News whdh.com, February 4, 2011

Continue reading "Massachusetts Man Injured With Head and Face Trauma after Struck by Ice From Passing Truck" »

Here in Massachusetts, the Distracted Driving Law took effect on September 30, 2010, which fines motorists $100 for using cell phones to call, text, or engage in internet searches while driving in an effort to reduce the risk of Massachusetts car accidents and fatalities caused by distracted driving. In a recent 90-day study of the law, police cited only 245 people for texting while driving, which for lawmakers is surprisingly low. This is likely due to the difficulty of enforcing the law and the fact that people can still appear to be an attentive driver while using a cell phone by hiding the phone.

Director of Mechanical and Industrial Engineering at the University of Massachusetts Amherst, Dr. Don Fisher, has created a driving simulation lab that tracks the driver's eye movements while texting. Fischer says, “The risk while you're texting is 23 times higher than while you're not texting…when you're texting you're spending especially long periods of time with your eyes away from the forward roadway – much longer than the two seconds that's barely safe.”

The National Highway Traffic Safety Administration reports the facts on distracted driving:
•20% of injury crashes in 2009 involved reports of distracted driving.
•Using a hands-free or hand-held cell phone while driving delays a driver's reactions
as much as having a blood alcohol concentration at the legal limit of .08 percent.
•16% of all drivers under than 20 years of age who were involved in fatal crashes were
reported to have been distracted while driving.
•Distracted driving is reported to have claimed the lives of 5,474 people and injured
an additional 448,000 in the United States in 2009 alone.

Our experienced lawyers represent clients throughout Massachusetts who have suffered injuries or the death of a loved one because of such distracted driving accidents. If you have a question in regards to a case and would like a free consultation, please do not hesitate to contact us.

Sources:

245 texting-while-driving tickets in Mass., UPI.com, January 6, 2011

Maine Summit Takes Aim at Texting While Driving, Maine Public Broadcasting Network, February 16, 2011

Statistics and Facts About Distracted Driving, National Highway Traffic Safety Administration

Continue reading "90-Day Review of Massachusetts Distracted Driving Law " »

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" »

Last week, the Southeastern Regional Planning and Economic Development District (SRPEDD) released a report entitled “The Most Dangerous Crash Locations in Southeastern Massachusetts 2006-2008.” The list includes the locations with the highest number of pedestrian and bike crashes, road departure crashes, red light running accidents, and fatal collisions.

Topping the list is Plymouth Avenue and Rodman Street in Fall River, which reportedly had 125 crashes during 2006-2008. Intersections in Swansea and New Bedford also ranked high on the list with 114 and 85 accidents respectively. Fall River had the highest number of dangerous intersections with 16. Attleboro had 12 dangerous intersections on the list.

SRPEDD released the list to coincide with its Regional Transportation Plan, which is an analysis of existing and future needs of the regional transportation system.

Source: 100 Most Dangerous intersections in Southeastern Massachusetts, SouthCoastToday.com, September 22, 2010

Have you been injured in a car or truck accident? Contact our Massachusetts personal injury attorneys for a free initial case evaluation.

The intersection of Plymouth Avenue and Rodman Street in Fall River is number one on a new list of dangerous intersections in southeastern Massachusetts. According to the report, the intersection averages a crash every nine days.

The study was conducted by the Southeastern Regional Planning and Economic Development District. The data which was used was gathered from the Massachusetts Department of Transportation.

The report found that one of the more serious problems plaguing the area is red-light runners. The number of crashes caused by drivers running red lights more than doubled between 2006 and 2008.

Continue reading "Fall River Intersection Tops List of Most Dangerous Intersections in Southeastern Massachusetts " »

This past week, a Jeep rolled over on Sandy Neck Beach in West Barnstable, landing in the ocean. There were three individuals traveling in the Jeep at the time of the accident. One of the passengers, a 39-year-old resident of Forestdale, was pronounced dead at the scene.

One of the other passengers, who is also a resident of Forestdale, was taken to Cape Cod Hospital where he received treatment for a broken leg.

The third passenger in the Jeep was not injured. This man, a 28-year-old from Sandwich, was the only one of the three in the Jeep who was wearing a seatbelt at the time of the accident.

Continue reading "Jeep Rollover on Sandy Neck Beach Leaves 1 Dead" »

Statistics released by the National Highway Transportation Safety Administration show that deaths from roadway accidents are on the decline. Here in Massachusetts, the number of deaths on all roads declined from 476 in 2004 to 363 in 2008, the most recent year for which statistics are available. In Norfolk County, motor vehicle deaths dropped from 46 to 27 during that same period.

Traffic experts attribute this trend to the use air bags and other automotive technology, as well as greater enforcement of traffic laws.

However, the number of Massachusetts fatalities on major arterial roads and interstate highways actually increased from 2003 to 2008. Experts say these major roads pose additional hazards because of faster speeds and the fact that many motorists routinely drive 10 mph or more over the speed limit but can’t react fast enough to avert an accident.

Source: Safer by the mile?, The Sun Chronicle, September 5, 2010

Continue reading "Massachusetts Traffic Fatality Attorneys Discuss Roadway Statistics" »

Two sisters from Revere were rescued from their 1995 Oldsmobile Cutlass after their vehicle rolled over the Fox Hill Bridge on Route 107 in Lynn. The vehicle is thought to have struck an angled concrete barrier at the end of the bridge which caused the Oldsmobile to flip.

Three Lynn men are being credited for rescuing the women from the car, which slid down the road on its roof until coming to a stop. The men witnessed the accident as they were fishing nearby.

One of the witnesses rushed to the car, kicked in the passenger side window, and pulled one of the sisters from the wreck. The men then attempted to remove the second victim, but had a difficult time.

Following the arrival of rescue workers, one of the sisters was transported to Massachusetts General Hospital for treatment of her head injuries which she sustained in the crash. The woman is currently listed in stable condition. The other passenger in the vehicle was taken to Salem Hospital where she was treated and released for her injuries.

Continue reading "Revere Sisters Pulled From Rollover Accident in Lynn" »

Our Massachusetts car crash lawyers have learned that Governor Deval Patrick signed the state’s text messaging ban into law last week. The law takes effect in October and bans text messaging while driving for all Massachusetts motorists and all cell phone use for drivers under 18. In addition, drivers 75 and older will be required to take vision tests and renew their driver’s licenses in person.

Texting will be a primary offense, so police will be allowed to pull over and ticket drivers solely because of text messaging. Violators will be issued a $100 fine, and those under 18 will have their license suspended for 60 days. However, violations will not impact insurance premiums.

Police say the ban could be challenging to enforce, but they plan to speak at high school assemblies this fall to raise awareness about the ban. Massachusetts is the 29th state to enact a text messaging ban. This legislation comes after several fatal car crashes involving texting.

Source: New state law spells it out: No texting while driving, Boston Globe, July 3, 2010

Continue reading "Massachusetts Governor Signs Texting Ban Into Law" »

A 29-year-old Framingham driver of a MAZDA3 was arraigned last week. He faces five counts of assault and battery with a dangerous weapon (his car). According to police, the driver swerved in the direction of a grandfather and his grandson after the grandfather told the driver to turn down his music.

The pedestrians weren’t hit, but the grandfather alerted a nearby Massachusetts trooper, who asked the driver to stop. The suspect fled, setting off a high-speed chase down the Massachusetts Turnpike. A state police spokesperson said speeds exceeded 80 mph in some areas.

The driver barreled through several cruisers, hitting at least three. He also injured one trooper, who was later released from a local hospital after being treated for minor injuries. Police are reviewing the pursuit and arrest to check that all rules were followed.

Source: Trooper hurt, driver arrested after Pike pursuit, WHDH.com, June 28, 2010

Continue reading "Massachusetts Trooper Injured By Fleeing Suspect" »

Over the past several months, Massachusetts newspapers and other media have been buzzing about the proposed bill that would ban text messaging behind the wheel. A bill targeting distracted drivers was first introduced six years ago. Several car accidents have occurred in Massachusetts as a result of distracted drivers (not to mention the MBTA accident last year that caused an estimated $9 million in damage), yet Massachusetts legislators are still debating the texting ban.

Part of the problem appears to be that the proposed legislation includes some other controversial measures, among them requiring older drivers to get tested more frequently and banning all hand held mobile devices. These measures were originally separate but were lumped together as part of a safe driving initiative.

Still, legislators say they hope to have the bill in the governor’s hands by July. In the meantime, more than 20 other states have already passed similar text messaging bans.

Source: A Look At Why The Texting Bill In MA Has Stalled, WBZTV.com, May 17, 2010

Continue reading "Massachusetts Legislators Still Mulling Over Texting Law" »

Researchers from the University of Massachusetts, Amherst, have created and tested a computer-based training program that would improve hazard anticipation in younger drivers. Inexperienced motorists are more likely to be involved a car accident compared to other groups, and the researchers determined in previous research that this propensity is due to a failure to scan areas of the road for potential hazards.

The researchers then developed a PC-based training program called Risk Awareness and Perception Training (RAPT), which included nine driving scenarios with the potential for an accident involving another vehicle or a pedestrian. Twelve of the drivers (ages 18-21) who participated in the study underwent RAPT, and the other twelve did not.

All of the drivers then drove a vehicle 16 miles, and the researchers measured the eye movements of each participant. Based on the data they gathered, the researchers determined that trained drivers were more likely to look at areas of the road that contained information relevant to the reduction of risks. Even in situations that were markedly different from those shown in training, the drivers still exhibited training effects.

These findings were published in a paper called “Can Younger Drivers Be Trained to Scan for Information that Will Reduce Their Risk in Roadway Traffic Scenarios That Are Hard to Identify as Hazardous?” which appeared in the June 2009 issue of Ergonomics. They also received the 2010 Liberty Mutual Award.

Source: Younger Drivers May Benefit From Training that Targets Hazard Anticipation, EHSToday.com, May 14, 2010

Continue reading "Massachusetts Researchers Study Hazard Anticipation in Younger Drivers" »

On Sunday evening around 9pm, a 24-year-old Springfield man crashed his vehicle into a home in Wilbraham, Massachusetts. The impact of his Acura hitting the house caused an estimated $25,000 in damage, but fortunately none of the home's occupants were injured.

The driver admitted to text-messaging at the time of the car accident. He was released from the hospital later that night.

Lawmakers say this car crash underscores the hazards of texting behind the wheel and the need for legislation to ban the practice. Regardless of whether texting is legal or illegal, police say they hope that other Massachusetts drivers will take heed.

Source: 24-year-old Springfield man tells Wilbraham police he had been texting when he lost control of his Acura and crashed into a home at 11 Pleasant View Road, MassLive.com, April 26, 2010

Texting Driver Crashes into House, CBS3Springfield.com, April 26, 2010

Continue reading "Texting Motorist Crashes Into Massachusetts Home" »

Researchers from the University of Massachusetts found that a driver is 20 times more likely to be involved in a car crash while texting than at any other time. The study also discovered that young drivers under the age of 25 are more likely to text behind the wheel than more experienced ones. In fact, nearly half of teen drivers admitted to text messaging while driver in a 2007 survey.

Scientists at UMass used a driving simulator to examine the reactions of motorists and their eye movement. They asked volunteers of various ages to perform tasks such as checking a map or turning on the heat while driving the simulator.

According to the National Highway Traffic Safety Administration, more than 500,000 people were injured in auto accidents that involved driver distraction in 2008. Another 5,870 died in car accidents involving a distracted driver. "Distracted driving" may include talking on a cell phone, eating, drinking, texting, and talking with passengers, but texting is among the most hazardous activities.

Source: Dashboard deathwish: UMass simulator details risks of texting at the wheel, GazetteNet.com, March 18, 2010

Continue reading "UMass Simulator Shows Hazards of Texting on the Road" »

The last several weeks have seen a flurry of media coverage about the impact of cell phone usage on drivers. The most recent coverage suggests that cell phone bans will not decrease the number of car crashes. The Highway Loss Data Institute (HLDI) study was released at a conference last Friday.

The HLDI, which is sponsored by the insurance industry, compared roadway accident data from states that have banned driving while texting to states that do not regulate texting. The organization also examined data on monthly collision claims in four states that banned hand-help phones and looked the data before and after the laws went into effect. However, HLDI's data does not distinguish drivers who were using cell phones at the time of the car accident versus other drivers.

The Transportation Department has already renounced HLDI's research, calling the study irresponsible.

Source: Cellphone Curbs May Not Decrease Car Crashes, Wall Street Journal, January 30, 2010

Continue reading "Study Contradicts Previous Research on Car Crashes and Texting" »

Today, "The Oprah Winfrey Show" is dedicating its broadcast to people who have lost friends or family members to car crashes that resulted from distracted driving.

The show coincides with the launch of iZUP, a cell phone application created by Illume Software, a Massachusetts-based company. The application automatically launches when it detects that the phone is in a moving vehicle and disables incoming calls or text messages.

During her show this afternoon, Oprah will discuss the dangers of distracted driving and ask drivers to commit to avoid text messaging or talking on cell phones while behind the wheel. Through our auto accident law firm, we have seen the horrific results of distracted driving, and we're glad to see such a prominent public figure educating viewers about it.

Source: Oprah Challenges Viewers to Stop Texting and Driving, Sys-Con.com, January 18, 2010

Continue reading "Talk Show Host Focuses Program on Distracted Driving " »

Earlier this week, a snowmobile crash killed a Massachusetts man, underscoring the importance of traffic safety with potentially icy conditions. Just after 9:30pm on Monday evening, rescue crews arrived at the scene.

The man was pronounced dead at the scene of the snowmobile accident just before midnight Monday evening.

A representative for the New Hampshire Fish and Game Department said that operating the snowmobile at high speeds on a plowed road have contributed to the accident. He adds that in the span of a week, five people have sustained serious bodily injury from snowmobile accidents. Fish and Game officers plan to continue patrolling snowmobile trails, citing riders for reckless operating, and enforcing speed limits.

Source: Mass. man dies in snowmobile crash, UnionLeader.com, January 5, 2010

Continue reading "Snowmobile Accident Kills Tyngsborough Man" »

According to a study conducted by researchers at the University of Virginia Health Services center, low blood sugar can pose a hazard to diabetic drivers. The study examined diabetic drivers in Boston, Massachusetts, central Virginia, and Minneapolis, Minnesota. Their average age was about 42 years old.

While driving with low blood sugar did not actually appear to cause a large number of car accidents, roughly a third of the drivers involved in the study said they checked their blood sugar half an hour before having some kind of driving mishap.

The researchers recommend that diabetic drivers suffering from low blood sugar pull over immediately and wait for their blood sugar to rise before getting back on the road to avoid an auto crash.

Source: Low blood sugar may impair diabetics' driving, Reuters, December 24, 2009

Continue reading "Study Finds Diabetic Drivers Can be Impaired by Low Blood Sugar" »

According to stats from the United States Department of Transportation's National Highway Traffic Safety Administration, more than half of the passenger vehicle occupants who died in Massachusetts motor vehicle accidents last year were not wearing seatbelts at the time of the accident. That rate was nine percent higher than the national average.

In response to these sobering statistics, the Massachusetts Executive Office of Public Safety and Security (EOPSS) has teamed up with State Police and other local law enforcement agencies to launch a special statewide Click It or Ticket campaign. Starting on November 12, the special crackdown is designed to lower the number of fatal car accidents and increase the use of seat belts.

Throughout the month of November, Massachusetts drivers who are pulled over for traffic violations will also be subject to fines if they or their passengers fail to wear a seatbelt.

Source: Dedham Police Department launches special statewide Click It or Ticket Enforcement effort, Dedham Transcript, November 9, 2009

Continue reading "Massachusetts Rolls Out Statewide Click It Or Ticket Crackdown" »

Over the weekend, a 34-year-old woman from Groveland, Massachusetts was killed when the golf cart she was riding in was hit by a 1995 Ford Windstar minivan. Both vehicles were traveling on Route 16 when the traffic accident occurred around 12:30am.

The driver of the golf cart was identified as a 33-year-old Gloucester man. He sustained serious injuries and was airlifted to Maine Medical Center in Portland. A 31-year-old Newton man and his child were also injured. The two received treatment for minor injuries at Memorial Hospital in Conway.

The driver of the minivan, a 46-year-old man from Maine, was not injured in the motor vehicle crash. According to police, the crash is still being investigated, but they suspect that alcohol may have been a factor. So far no charges have been filed.

Woman killed in golf cart accident, Boston Globe, September 7, 2009

Continue reading "Massachusetts Woman Dies in Golf Cart Collision " »

As previously discussed, the National Transportation Safety Board found that drowsy driving was a probable cause in a Newton train accident last year. According to the board, drowsiness is the most common cause of fatal-to-the-driver truck crashes. In fact, the number of fatal truck accidents associated with fatigue is equal to the combined number of crashes related to drugs and alcohol.

Truck drivers and trolley conductors are not the only ones who are susceptible to accidents associated with sleep deprivation. Car drivers are also at risk. In fact, each day, 250,000 United States drivers fall asleep at the wheel, causing 8,000 deaths and 60,000 serious injuries annually.

Because drowsy driving accidents are preventable, the Massachusetts Drowsy Driving Commission made a series of recommendations earlier this year that they hope will reduce drowsy-driving accidents. Educating drivers about the risks of driving while tired is a primary goal, while diagnosing and treating sleep disorders is another important step.

Drowsy-driving tragedies preventable, Boston Globe, August 3, 2009

Continue reading "Massachusetts Drowsy Driving Commission Working to Reduce Drowsy Driving Accidents" »

While Massachusetts legislators and driver safety advocates weigh the pros and cons of new laws aimed at older drivers, statistics show that teen drivers are also at high risk for car accidents.

Here in Massachusetts, more 18-year-olds were involved in fatal auto accidents in the past two years than any other single age. In 2008, Massachusetts teen drivers were involved in 22,313 motor vehicle accidents according to data from the Registry of Motor Vehicles. And, according to national statistics, car crashes are the leading cause of death among 15-to-20-year-olds.

The current debate has dredged up bitterness between drivers at both ends of the age spectrum. Last year, drivers age 80 and older accounted for 2% of car crashes. Several recent, highly publicized accidents involving older drivers have caused legislators to reconsider the need for legislation aimed at this demographic.

Lawmakers already enacted legislation in 2007 that inflicted tougher penalties on younger drivers (specifically 16 and 17 year olds), and they say the changes have led to a drop in speeding and reckless driving citations.

Teens drivers at highest risk of fatal crashes, EnterpriseNews.com, July 10, 2009

Continue reading "Despite Media Attention on Older Drivers, Teen Drivers Still Most Likely to Be Involved in an Accident" »

A study released last week by the Pacific Institute for Research and Evaluation (PIRE) found that over half of United States highway fatalities are related to poor roadway conditions. According to the report, ten roadway-related crashes occur every minute and contribute to 38% of non-fatal injuries.

More than 22,000 fatalities were attributed to deficiencies in the roadway environment, costing the country more than $217 billion each year. That figure breaks down to $20 billion in medical costs, $46 billion in productivity costs, $52 billion in property damage and other resource costs, and $99 billion in quality of life costs. Massachusetts was among the ten states with the highest road-related crash costs per mile of road.

The study, which is entitled "On a Crash Course: The Dangers and Health Costs of Deficient Roadways," identifies several ways in which transportation officials could improve road conditions to save lives and reduce injuries sustained during traffic accidents. These include adding rumble strips to shoulders, using brighter and more durable pavement markets, replacing or widening narrow bridges, and reducing pavement edges and abrupt drop-offs, among other improvements.

More than Half of Highway Fatalities Are Related to Deficient Roadway Conditions, PRNewswire.com, July 1, 2009

Continue reading "Study Finds More Than Half of Highway Deaths Related to Bad Road Conditions" »

According to NewsCenter 5, the Masscachusetts Turnpike Authority has given out over 4,000 "non-revenue" transponders, allowing motorists to drive the Turnpike for free, despite the Turnpike Authority's mounting debt.

Roughly three quarters of those transponders go to state troopers, but many of the others are used by turnpike employees, who pay an annual fee of just $26 in exchange for free unlimited driving throughout Massachusetts with tolls.

In addition, there are reportedly over 200 retired turnpike employees who pay even less ($5/year) to drive the turnpike without paying tolls. Some Massachusetts commuters say this arrangement is unfair, and in fact, the free rides may be ending on November 1 when the Massachusetts Turnpike Authority is dissolved, becoming part of the newly-created Massachusetts Department of Transportation.

Turnpike Giving Out Hundreds Of 'Free Rides', TheBostonChannel.com, July 2, 2009

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Last Thursday morning at Logan Airport, a construction vehicle almost collided with an airplane when the vehicle strayed into an unauthorized area. The incident occurred at 6:36am and halted all construction at the airport until authorities determine if the near collision occurred because of individual error or a system failure.

According to officials, the driver of a Ford Explorer was on a taxiway and evidently failed to stop at the runway intersection and radio the tower for permission to cross as required by safety procedures. An alarm sounded in the control tower warning about the vehicle on the runway. The truck cleared the runway just as the plane just through the intersection. The unidentified truck driver has been suspended pending an internal investigation. The jet, a US Airways Flight 27, took off safely and arrived in Phoenix as planned.

The last time a high-risk incursion was in 2005 when two jets speeding toward takeoff almost collided at more than 160 miles per hour. Logan Airport has had 16 incursions since January of 2008, but none was as serious as the near accident last week.

Plane, vehicle near a collision, Boston Globe, June 19, 2009

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According to the 100-Car Naturalist Driving Study, which tracked the behavior of the drivers of 100 vehicles for a year, driver inattention is an even more dangerous problem than expects previously believed. Almost 80% of car crashes and 65% of near-crashes involved some form of driver inattention, which includes not only distractions but also fatigue.

The study found that the most common distraction for drivers is the use of cell phones. However, the number of auto accidents and near-accidents related to dialing a cell phone is almost identical to the number associated with talking or listening on a cell phone. Younger drivers also had a higher incidence of distraction. Research found that the rate of distraction among 18- to 20-year-old drivers was four times higher than drivers age 35 and older.

Massachusetts and five other states have banned drivers from talking on a hand-held cell phone, but no state has banned the use of hands-free devices, despite the fact that the NHTSA has found that the car accident risk is comparable to that of regular cell phones.

Researchers at the Virginia Tech Transportation Institute are preparing for a nationwide study involving over 2,500 vehicles, which will give the researchers a wider understanding of different drivers in different environments.

DWD — driving while dialing — among top driver distractions, study finds, Dayton Daily News, March 23, 2009

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In Massachusetts, a new initiative called Road Respect Mobilization is currently in effect statewide. State and local police are working to curtail road rage thought grants from the state Executive Office of Public Safety. The grants range up to $2,000 and cover overtime for radar patrols so that officers can monitor unsafe lane changing, speeding, tailgating, and red light violations. The program runs through April 26.

According to Norton police spokesman Lt. Todd Jackson, "aggressive driving is the cause of many crashes. Our community has seen an increase in incidents involving this behavior, such as 'road rage' incidents.”

The National Highway Transportation Safety Administration states that around 6.3 million auto accidents occur every year in the United States. Although the number of accidents related to aggressive driving and road rage is unknown, it is suspected that many of those crashes were related to angry or frustrated drivers.

If you are confronted by an angry driver, police recommend that you avoid eye contact and try to get safely out of the way. If the incident escalates and becomes serious, dial 911.

Look for more patrols to combat aggressiveness, The Sun Chronicle, April 6, 2009

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Last July, a state auditor’s office discovered that in 2005 and 2006 as many as 9,000 drivers had valid driver’s licenses for two to four years after a judge ordered their licenses suspended. The glitch in the Registry of Motor Vehicle’s system meant that some repeat drunk drivers may have used valid licenses for years after they were supposed to be permanently revoked. Until recently, the case dispositions were handled by ground mail, which may have delayed license suspensions.

An internal review revealed that 988 Massachusetts drivers who were convicted of vehicular homicide or DUI between 2003 and 2008 did not have their licenses suspended. The Registry was also missing records for nearly two thousand criminal case dispositions. According to a spokesperson for the Registry, many of the drivers already had their licenses suspended for other offenses.

This week, registry and court officials announced that 58 of Massachusetts’s 62 district courts can electronically transfer driving-related convictions to the RMV at the end of each day to avoid delays or miscommunications.

Registry computer glitch kept suspended drivers on the road, WickedLocal.com, March 23, 2009

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Last week, a state senate committee released a report that recommended legislation to reduce the number of drowsy drivers behind the wheel. According to some experts, there may be as many as 600 sleep-related auto accidents in Massachusetts per year, resulting in the deaths of 90 people.

The committee’s 34-page report recommends that the state require obese commercial drivers to be tested for sleep disorders and that more rest areas serve coffee. The report states that sleep-deprived drivers are just as impaired as those driving under the influence of drugs and alcohol.

Additional recommendations from the report include adding new highway rest areas, limiting the number of hours worked by resident physicians and intern, and allowing coffee chains to give coffee coupons to new drivers and those renewing their driver’s licenses. The hope is that there measures would reduce drowsy driving and thus reduce car crashes as a result of impaired drivers.

Drowsy driving report suggests stiffer penalties, coffee, Boston Globe, March 6, 2009

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The hazards are of talking on a cell phone while driving are well documented. But two recent studies confirmed that cell phone usage also endangers those traveling on foot. Researchers suggest restricting cell phone use by both pedestrians and drivers to reduce the number of accidents and fatalities.

According to the study, cell phones initially helped reduce pedestrian deaths and traffic deaths, because accident victims were able to summon medical help quickly and improve their odds of survival. However, that effect disappeared once cell phone ownership reached a “critical mass” of 100 million.

Researchers now say that “cell phones and their usage above a critical threshold adds to motor vehicle fatalities.” They also say it has a “significant adverse effect on pedestrian safety.” The studies analysed data from the National Highway Traffic Safety Administration, the Department of Transportation, MADD, and the U.S. Census Bureau, among other agencies.

Cell Phone Studies: Whether You’re Talking While Walking or While Driving, Cell Phones = Increased Fatalities, Rutgers, March 4, 2009

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NBC reports that as a safety precaution Nissan is recalling trucks sold in several states as the result of an airbag issue. Nissan explains that a crash zone sensor, which triggers the front airbags, can be negatively impacted by snow or road salt, causing the trigger to malfunction in the event of a traffic accident.

The truck recall impacts 2005 to 2009 Nissan Pathfinders, Frontiers, and Xterra trucks, which were originally purchased or are currently registered in Massachusetts, Maine, New Hampshire, Vermont, and seventeen other states across the country.

Fortunately, there have been no reports of car crashes or injuries in connection with the faulty sensor.

Nissan Trucks Sold In Four State Region Under Recall, MSNBC.com, January 8, 2009

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Last Tuesday morning, a truck driver with Calex Trucking was turning onto Route 9 when the top of his truck grazed the underside of a bridge, pulling several pieces of granite with it. Two pieces still rested on top of the truck when four Newton Police cars and one state trooper arrived at the scene.

Police did not disclose the cost to repair the bridge, which is estimated to be almost a hundred years old. Ken Weaver, who was driving the truck when it grazed the bridge, was uninjured, though he said “I’ve had a bad day since I woke up.” Already, he had faced snowy conditions in Connective and heavy traffic on his way to Massachusetts.

Truck hits Rte. 9 overpass in Needham and takes piece with it, The Daily News Tribune, December 30, 2008

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According to a professor of sleep medicine at Harvard Medical School, Massachusetts has as many as 600 sleep-related crashes per year, resulting in serious injuries and, in some cases, fatalities. The state of Massachusetts began investigating the effects of drowsy driving after a motorcyclist was killed by a sleep-deprived driver in 2002.

A panel chaired by Senator Richard T. Moore, of Uxbridge, is considering the possibility of laws to increase penalties for sleep-deprived drivers who cause car accidents and to educate drivers about the dangers of driving while drowsy. Response times are slowed in sleep-deprived drivers, and they are more likely to become distracted, according to a sleep specialist who teaches at Harvard Medical School.

A professor of medicine at Brigham and Women’s Hospital told the panel that in addition to truck driver, police officers and firefighters are at risk of driving while sleep-deprived. In fact, he estimated that 40% of the motor vehicle accidents that involve police officers may be the result of drowsy driving.

Currently, it is difficult to test for drowsy driving, but technology is under development that would allow officers to test for drowsy driving at traffic stops.

Legislative panel sounds wake-up call on drowsy driving, Boston Globe, November 7, 2008

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Drivers in Lancaster, Massachusetts had an unusual encounter on their afternoon commute last Wednesday. Apparently an injured 200-pound animal was found by the side of Route 2 in Lancaster. Police believe the wild boar was hit by a car. The state trooper who discovered the wounded animal called for reinforcements.

Because the animal was badly injured and could potentially cause a car accident if it wandered into traffic, authorities decided to redirect traffic and put the boar out of its misery. The Boston Globe reports that Chet Hall, a farmer in Royalston, labeled the animal a Russian wild boar based on its rodent-like snout and cinnamon-colored collar. Hall had arrived to claim the animal’s remains for use as coyote bait.

According to a spokesperson for the Massachusetts Division of Fisheries and Wildlife, wild boars are not usually found in Massachusetts and would require a special permit. The animal was believed to have escaped from a game farm.

Wild boar struck on Route 2 causes a stir, Boston Globe, October 24, 2008

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The Worcester Telegram recently published an editorial in response to the Insurance Institute for Highway Safety’s proposal to raise the minimum driving age across the country. Motor vehicle accidents are the leading cause of death for teens, and the statistics show that younger drivers do have a higher rate of car accidents than those with more experience on the road.

However, according to the editorial, uniformly raising the minimum driving age is not the solution. As the writer points out, Massachusetts issues junior operator’s licenses to drivers aged 16.5. Before driving by themselves, teen drivers must hold a learner’s permit for at least six months and complete classroom driving instruction and training before the wheels. Teen drivers in Massachusetts must also follow restricted driving hours and obey a passenger limit.

Some would suggest the graduated licensing system used in Massachusetts might help drivers gain experience on the road without exposing them to unsupervised or unsafe driving conditions too soon.

State’s graduated licensing for youth best route, Worcester Telegram, September 11, 2008

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According to a Nationwide Insurance study, about a fifth of drivers text while the drive. That statistic increases to two thirds among drivers aged 18 to 24. Almost 80 percent of car crashes in the United States are caused by distracted drivers, according to the National Highway Traffic Safety Administration (NHTSA).

The evidence points to text messaging as a potentially deadly distraction. In 2007, a car accident involving five teenage girl and a tractor trailer claimed the lives of all five girls. It was later discovered that the driver was texting just before the deadly car crash.

Still, the law has been slow to catch up to this technological development. NHTSA does not have a policy in place regarding text messaging while driving a car. Instead, they leave regulations to state and local agencies. So far, Alaska, Louisiana, Minnesota, New Jersey, and Washington state have laws banning texting while driving. A ban goes into effect in Westchester County, New York next spring.

Of course, text messaging can also be a hazard to pedestrians. Earlier this week, a 14-year old boy in Florida was killed after stepping in front of a car. He was distracted by a text message on his cell phone. The deputy said they have no plans to file charges against the driver.

Driving While Texting Laws Slow To Catch Up To Problem, InjuryBoard.com, September 23, 2008

Teen Killed In Crash While Texting On Phone, WESH.com, September 23, 2008

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