Car Accidents

September 7, 2023

The 10 Deadliest Highways in Massachusetts

Nearly 43,000 people died in motor vehicle crashes in the United States in 2021, according to estimates by the National Highway Traffic Safety Administration (NHTSA). That figure marks a 10.5% increase in deaths from 2020 and the highest number of traffic fatalities in 16 years.

Fatal motor vehicle crashes in Massachusetts were responsible for 417 of those deaths. Of the total accident fatalities in the state, around 59% were the occupants of vehicles, 18% were pedestrians, 17% were motorcyclists, and 1% were bicyclists.

While Massachusetts still has one of the lowest rates of fatal crashes per capita in the U.S., some roads in the state are more dangerous than others. In order to identify which highways are the deadliest, Stacker ranked 2020 traffic fatality data compiled by NHTSA. Ties between locations were broken by the total quantity of crashes when possible.

August 3, 2023

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

by Altman & Altman

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

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

What Exactly is AEB Technology?

May 16, 2023

Deadly Pedestrian Crashes in Massachusetts Up 35% in 2022

by Altman & Altman

Fatal pedestrian accidents in Massachusetts spiked sharply in 2022, up 35% over the year before. According to a report from the statewide pedestrian advocacy group WalkBoston, 101 pedestrians died in traffic crashes in 2022 compared to 75 in 2021.

The rise in Massachusetts pedestrian fatalities seems to have outpaced last year’s nationwide increase. After reaching a 40-year-high in 2021, pedestrian deaths in the U.S. went up by 5% in the first half of 2022. The Governors Highway Safety Association (GHSA) reported that drivers in the U.S. hit and killed an estimated 3,434 people in the first half of the year, an average of 19 pedestrian deaths every day.

New Report on MA Pedestrian Fatalities

February 3, 2023

New Traffic Law Protects Bicyclists, Pedestrians, and Other Vulnerable Road Users

by Altman & Altman

A new Massachusetts law designed to reduce traffic deaths gives increased protection to “vulnerable users” sharing the road with motor vehicles. Signed in January, the legislation requires drivers to stay at least four feet away from bicyclists, pedestrians, skateboarders, wheelchair users, horseback riders, and other vulnerable road users when passing them. It also requires motor vehicle operators to maintain a “reasonable and proper speed” while doing so.

The law makes additional safety changes, including mandating rear red lights for cyclists, requiring backup cameras and other protective features on large state vehicles, clarifying the process for municipalities to modify speed limits, and standardizing reporting on crashes involving vulnerable road users. The Massachusetts Bicycle Coalition (MassBike) says the safety bill passed after 10 years of advocating for “An Act to Reduce Traffic Fatalities.”

Massachusetts Traffic Accidents on the Rise

October 25, 2022

Brain Injuries Caused by Car Accidents

by Altman & Altman

Traumatic brain injuries (TBIs) happen when a blow or jolt to the head disrupts normal brain functioning. In a single year, according to the Centers for Disease Control and Prevention (CDC), TBIs were diagnosed in nearly 2.9 million emergency department visits, hospitalizations, and deaths in the U.S. And how are most brain injuries sustained? After accidental falls, the second leading cause of TBI-related hospitalizations is motor vehicle crashes. In children and adolescents under the age of 18, in Massachusetts and around the country, car accidents are the leading cause of TBI-related death.

Severity of Brain Injuries Caused by Car Accidents

Brain injuries can range from mild concussions to fatal trauma. A driver may hit his head on the steering wheel, an unrestrained passenger may go through the windshield, or a bicyclist traveling on the streets of Boston may strike her head on the pavement after colliding with a car. A Department of Veterans Affairs (VA) and Department of Defense (DoD) classification system categorizes TBIs as mild, moderate, or severe based on the following criteria:

April 20, 2022

As Life Returns to Normal in Massachusetts, Car Accidents Increase

by Altman & Altman

As Life Returns to Normal in Massachusetts, Car Accidents Increase

The coronavirus pandemic affected life in ways large and small, and traffic was no exception. In the early days of COVID-19, Massachusetts traffic volumes plummeted, as did crashes. When society opened back up, traffic returned in full force. As MassDOT Highway Administrator Jonathan Gulliver said in 2021, “Traffic, for all intents and purposes, is back to about 2019 levels on most roadways in Massachusetts.”

More motor vehicles on the roads generally means more crashes. And that holds true for MA car accidents in virtually every category. The worst statistic? Over 400 people died in Massachusetts crashes in 2021– the highest number of fatalities in over a decade.

July 27, 2021

NTSB Says Drowsy Driving Accidents Continue To Rise In Massachusetts and Across U.S.

by Altman & Altman

Drowsy driving is an issue that impacts people across the county. In a study done by the National Highway Traffic and Safety Administration, there are at least 100,000 crashes due to this each year, contributing to thousands of accidents, injuries, and deaths. The term drowsy driving is used to describe when a driver operates their car when they are feeling tired or fatigued. A driver’s alertness is reduced, reaction time is slowed, and overall decision making can be compromised leading to potentially dangerous outcomes.

What is the impact of drowsy or fatigued driving?

Drowsy driving often mimics some of the same symptoms that occur for people who operate vehicles who are under the influence. When a driver is drowsy, their reaction times can be delayed, they may briefly fall asleep, and they may swerve into other lanes, medians or off the road. This can cause catastrophic injuries for the driver, their passengers, other drivers around them, and pedestrians. Knowing the signs of drowsy driving can help drivers make safe decisions for themselves and others on the road.

August 11, 2020

How is driver liability determined in a Massachusetts car accident?

by Altman & Altman

Car accidents are at the very least inconvenient and at the most can lead to serious injury or death. A huge question arises as to who will pay for the damage to both property and person. Massachusetts is a modified no-fault state. This means that individuals can be held responsible for car accidents if they are over 50% at fault.

What will my insurance pay?

Drivers in Massachusetts are required to have car insurance. Regardless of what actually occurred and whose fault the accident is, your insurance company will pay for your injuries up to your policy limit. This will apply to medical expenses and lost wages relating to the accident. You can, however, sue the at fault driver for non-monetary damages. These types of damages are things like pain and suffering. To sue for these in addition to recovering from your own insurance, your medical expenses must exceed $2,000, or your injuries must result in serious disfigurement or loss of bodily function. If one of these requirements is met, you can sue for non-economic damages.

June 12, 2019

How long do I have to file a car accident claim in Massachusetts?

by Altman & Altman

Filing a claim for personal injury damages following a car accident in Massachusetts is a somewhat complicated process compared to other states in the country. If you’ve been injured in a car accident where someone else was at fault, it is vital to contact a personal injury attorney from Altman & Altman LLP as soon as possible – and at a minimum, within three years of the incident – in order for your claim to go through the legal process necessary to decide if you will receive compensation.

The complexity of our state’s auto accident claims process is partially because Massachusetts is a “no-fault” state, meaning a driver who causes injuries through an accident must cover any injuries that other individuals sustained – whether another driver, their passengers or a third party such as a bicyclist – through their own personal injury policy, and a lawsuit cannot be filed for personal damages unless other certain criteria are met.

In the case of injuries where more than $2,000-worth of personal injuries are incurred, or where the damages from a car accident cause permanent or disfiguring injuries, such as serious scars or severely broken bones, the no-fault provision of law can be subverted and a personal injury claim may be filed to compensate the victim for their medical bills and damages incurred from pain and suffering or time missed from work.

June 10, 2019

Are Uber accidents covered by insurance?

by Altman & Altman

With the widespread rise of ride sharing services, the most popular being Uber, accidents occurring either while you are a passenger in an Uber or accidents that occur with Uber operators while you’re driving a separate vehicle are essentially a guarantee – it’s simply a matter of who gets involved and when. In either case, the legal framework of dealing with insurance may be more complex than traditional accidents, so having the advice from an expert personal attorney at Altman & Altman LLP is always a good idea.

Insurance implications as a passenger in an Uber

Driving as a passenger with Uber has several possible implications. While Uber has advertised its $1 million insurance policy as a means to make drivers comfortable with the idea that they are covered for any potential injuries that may occur if their Uber drivers get into an accident, this is not always the case.

There are different tiers, or categories, associated with Uber’s coverage of its drivers. If a driver is actively working as an Uber driver and is carrying a passenger at the time of an accident, the $1 million Uber policy is in play – however, this does not mean that Uber is compelled to pay out claims for that accident.

This is because Uber does not consider its drivers to be employees, but rather they are classified as independent contractors. As a result, if they feel as though the driver was at fault for the accident in any way, they may deny a claim against their insurance policy. The result, then, could be that the driver’s own personal insurance policy is left as the only recourse – which may be insufficient for the degree of injury you sustain. If this is the case, you have a right to sue Uber and make a claim to be compensated by their insurance provider.

Insurance implications if involved in an accident with an Uber driver

If you are a separate motorist and you get into an accident with an Uber driver, there are different implications based on the situation. First, if the Uber driver was not actively seeking rides, Uber’s insurance policy is not subject to the claims, rather the driver’s personal insurance policy is.

If the Uber driver is on the way to pick up a passenger when they get into an accident, the driver’s personal policy is once again the primary policy. However, Uber does have some liability coverage in these situations, up to $50,000 per injury with a maximum of $100,000 and up to $25,000 for property damage.

If you get into an accident with an Uber driver carrying a passenger, Uber’s $1 million insurance policy comes into play. However, as stated above, Uber can deny paying out a claim for a variety of reasons, including if the Uber driver was found to be at clear fault for the incident. In these cases, the driver’s personal insurance will be leaned on to pay out a claim.

If the Uber driver’s personal insurance policy is utilized to pay out a claim, this may also be problematic, since many insurance carriers prohibit policyholders from utilizing their vehicles as ride sharing vehicles. This may limit the amount you can collect in a claim, and leave you with no other choice but to sue Uber to try and gain financial compensation to pay for your medical expenses and damage to your property. Continue reading