Car Accidents

December 19, 2013

Negligent Operation of Vehicle Leads to Car Crash in Cohasset, MA

On Sunday, December 15th, several store employees at Aubuchon Hardware in Cohasset, MA found themselves jumping for safety when a 51 year old woman crashed through the front window of their store. McGurl, the woman operating the vehicle, was using a homemade extender taped to the gas petal of her car which she couldn’t reach due to her height. McGurl said she had been using this homemade device (a block of wood and duct tape), for several months. While attempting to back up, McGurl hit the accelerator by accident and crashed through the front of the store into the checkout counter. There was substantial damage to the property and merchandise. Thankfully, nobody was injured in the accident, but McGurl will be summoned to court to answer to the charge of negligent operation of a motor vehicle.

A charge of negligent operation is applied when the driver endangers any person or the public by operating the car in a reckless or unreasonable way. A person can be charged with negligent operation even if they were not involved in an accident. Even if there is no one else on the road, a driver who operates his vehicle in a way that could potentially cause an accident or endanger anyone can still be found guilty of negligent operation. Unfortunately, it is more likely that a negligent driver will be involved in an accident in Massachusetts and that someone will be injured as a result. Though the most common form of negligent operation is drunk driving, a driver does not need to be intoxicated to drive negligently. Other examples of this type of negligence include speeding, tailgating, driving while exhausted, angry, or under the influence of drugs or alcohol, and inattention. If you are the victim of an accident caused by a negligent driver, you are entitled to compensation for your injuries, pain and suffering, lost wages, and the resulting medical costs.
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December 10, 2013

WHAT SHOULD I DO IN MASSACHUSETTS IF I AM STRUCK BY A CAR WHILE ON MY BICYCLE OR AS A PEDESTRIAN?

by Altman & Altman

Although, being involved in an automobile accident while a bicyclist or a pedestrian has similar legal ramifications as when you are, yourself, in a motor vehicle, there are some important differences.

Obviously, the first thing that you must consider and tend to is your injury. You may want to consider seeking medical treatment that is covered by your private health insurance company, but sometimes your injuries and their immediate care must take precedence over health insurance complexities and monetary issues.
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December 6, 2013

Black Ice and Untreated Roads Blamed in 65-Car Pileup in Worcester, MA

by Altman & Altman

Officials in Worcester, MA have cited freezing rain, black ice, and untreated roads as the major causes of the massive pileup on Interstate 290 in Worcester last weekend.

Black ice began to cover the highway around 6:30 a.m. Several drivers lost control of their vehicles while heading down the declining section of I-290 westbound. The first accident was reported on the westbound side of the highway near Exit 14 (Grafton Street).

A chain reaction began as cars piled up in the roadway. Two tractor-trailers slid sideways at the front and rear of the accident scene. Two large commercial trucks were also struck. State police estimated 65 vehicles were involved. According to reports, public safety officials were forced to climb through the mangled mess of cars to respond to people in need. State Police reported that of the 35 to 40 people who were injured, only two had suffered serious injuries. In total, the crash scene was more than 1,500 feet long.

“I am extremely surprised that nobody was killed, especially the vehicles that went under the trailer truck,” State Police Sgt. Stephen C. Marsh said in a statement. “We had to walk over the hoods of cars, under the trailer trucks. The scene was impenetrable.”

Investigators are looking at why the roads were so slippery, and whether the roads had been effectively treated. Initial reports stated that the part of the bridge where the accident occurred typically freezes before the rest of the highway, and that it is conceivable that road crews had not properly sanded and salted the roadway. The case is still under investigation.
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December 4, 2013

Demolition Derby on Ice

by Altman & Altman

68 vehicles were involved in a massive pile up on Interstate 290 in Worcester Sunday morning, including three tractor-trailers. Although nobody was killed, two people sustained serious injuries, 35 to 40 people had to go to the hospital, and one dog did not survive this nightmare on the road. In addition to these injuries, many of the vehicles involved in this unprecedented crash were totaled. Mass DOT treated this particular stretch of highway an hour prior to the incident, but the severity of the pileup is proof that hazardous road conditions existed. The fact that so many vehicles were involved in this one collision raises the question, who is responsible?
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December 2, 2013

The Dangers of Distracted Driving

by Altman & Altman

Distracted driving occurs when a driver takes his or her attention away from the task of driving. Although most people are familiar with texting while driving, there are many different forms of distracted driving.

Types of Distractions

Visual- Visual distractions occur when a driver takes his or her eyes away from the roadway.
Manual- Manual distractions occur when drivers take their hands of the wheel.
Cognitive- Cognitive distractions happen when a driver takes his or her mind off of the task of driving.

Some behaviors can fall into more than one of the distraction categories too. Texting can be a visual, cognitive and manual distraction. Eating can be a manual and visual distraction. It’s also important to understand that daydreaming while driving is a cognitive distraction.
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October 24, 2013

Ashland Teen Struck by Car While Walking to School

by Altman & Altman

An Ashland teenager suffered severe injuries after she was struck by a car while walking to school this morning.

The girl, 16, was crossing the street in front of the Ashland Town Hall when she was hit. It was unclear to authorities whether the girl was in the crosswalk at the time of the accident. The teen was rushed to Beth Israel Deaconess Medical Center in Boston via medical rescue helicopter with severe head trauma, and multiple bodily injuries. Authorities are still investigating the cause to this accident, and have not released the identity of the teenager.

Unfortunately, pedestrian traffic accidents account for more than 13% of all traffic-related fatalities and 3% of all personal injuries caused by motor vehicle accidents. According to the National Highway Traffic Safety Administration (NHTSA) a pedestrian is injured every eight minutes and one pedestrian dies every two hours as the result of a traffic accident in the United States. Approximately 20% of all pedestrian car accidents according to the NHTSA, are also hit-and-run accidents. While we do not have much information about this particular incident, what can be assumed is that this young lady was walking during the early morning hours; at a time where there was minimal daylight.

In order to prevent an accident and keep themselves visible to motorists, pedestrians should always:
-Wear bright or reflective clothing and carry a flashlight when walking during the early hours of the morning, at dusk, or at night.
-Walk on sidewalks (whenever possible) and walk against the traffic when there are no sidewalks.
-Cross at designated crosswalks whenever possible.
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October 17, 2013

New Microsoft Cell Phone Software to Minimize Driving Distractions

by Altman & Altman

Microsoft’s newest Windows software update will now have a ‘Driving Mode’ feature that will automatically silence incoming text messages and phone calls while users are driving.

4-25-13%20blog2.jpg What’s appealing about this new software is that it is automatically activated when a phone is linked wirelessly with a car’s Bluetooth device. The application can also be configured by the user to automatically send out a reply text message that says “I’m driving.” Though the feature will minimize the amount of distractions by blocking calls and texts, it will not be able to block outgoing calls or text messages.

Still, Microsoft hopes that the new feature will encourage safer practice on the roadways and hopefully prevent cellphone-related accidents from occurring. The update, which is the third update to the Windows 8 software is accessible to all Microsoft devices and will be available within the next coming weeks.

While this new software is a proactive approach to preventing distracted driving incidents, what drivers must understand is that they are the only ones who can prevent an accident. More and more, people are using their smart phones while driving; to access the Internet, to send an e-mail, to check Facebook or Instagram. The Commonwealth of Massachusetts has established a zero tolerance policy when it comes to texting and driving and does not permit the use of a smart phone for any purpose except for making a phone call. While individuals over 18 are allowed to talk on a cell phone while driving, all drivers, no matter what type of license they carry are banned from text messaging while operating a motor vehicle.

Distracted driving accidents account for nearly 20% of all motor vehicle collisions in the United States. In 2011, 3,330 people were killed and 387,000 were injured in as the result of distracted driving. A person who is texting or using a smart phone while driving is 23 times more likely to get into an accident than someone who is not distracted. 5 seconds is the average time a person’s eyes are taken off the road while texting, according to the United States Ad Council, and at 55mph, that’s the equivalent of driving the length of an entire football field blindfolded!
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October 9, 2013

No Charges Against Truck Driver Involved in May Bike Accident

by Altman & Altman

Prosecutors will not be pressing charges against the Amherst truck driver who struck and killed a bicyclist last May.

Livingston Pangburn, a Hampshire College student, was fatally injured when he collided with an Amherst College box truck. According to the Northwestern district attorney’s office, Pangburn was traveling in heavy traffic along College Street, and did not stop with the traffic to allow the westbound truck to make a left turn onto the college’s campus.

Police reports stated that the driver of the truck did not see the cyclist in time to stop, and Pangburn was not able to maneuver around the truck in time to avoid the crash. Prosecutors do not believe that any impairment, cell phone use, or mechanical defects with the vehicle played a role in the accident.

While this is undoubtedly a tragic story, it also puts into perspective the dangers cyclists face when riding their bikes. Because bicyclists are extremely vulnerable compared to passengers to a motor vehicles due to their lack of physical barriers to protect themselves, it is crucial for them to do their part to prevent a serious accident from occurring.

5 Tips to Stay Safe on Your Bike

1. Always, always, always wear a helmet. While it seems to be a phrase engrained in everyone’s head, so many individuals do not understand how important helmets are in preventing serious head injuries. Some people dismiss the idea of wearing a helmet because of atheistic reasons, or because they feel their short commute doesn’t warrant wearing one. But wearing a helmet could make all the difference, and could even save a life.

2. Travel with the traffic, not against it. Always ride on the right side of the road, and go with the flow of traffic. Remember that bicycles are considered vehicles too, and cyclists are responsible for adhering to the same rules of the road as drivers. If you come to a stop sign or red light, you are legally bound to stop. In addition, you are responsible for yielding to pedestrians at crosswalks, just as motorists are.
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October 2, 2013

4 Things You Should Know If You Are Involved In a Massachusetts Auto Accident

by Altman & Altman

Auto accidents occur every day in Massachusetts. While some auto accidents are minor fender benders that result in only minor property damage, many motor vehicle crashes are major accidents that may result in serious injury. If you have found yourself the victim or at fault-party of a motor vehicle accident, here are four things you should know:

1.) You may collect lost wages if you miss time at work due to a car accident injury.
In the event you are involved in an accident and the injuries you sustained prevent you from working, you may be entitled to reimbursement of 75% of your lost wages. These wages may be payable under the Personal Injury Protection (PIP) portion of your motor vehicle insurance. You have $8,000 of coverage under this policy, and this money may be applied to medical bills and/or lost wages.

2.) Most accident-related medical expenses are covered, even if you don’t have health insurance.
Under M.G.L. c. 90 § 34, “The PIP Statute,” your motor vehicle insurance carrier will pay the first $2,000 of your medical bills in nearly all circumstances, including if you were found at-fault for the accident. The remainder of your medical expenses will be covered under your health insurance policy. If you do not have health insurance, your motor vehicle insurer will pay for those bills, but only up to $8,000. In certain cases, people will have Medical Payment coverage as part of their motor vehicle insurance policy, and that coverage will go towards payment of additional medical bills one the primary coverage has been exhausted.

3.) If you were hit by a car with no insurance coverage you can still make a bodily injury claim.
We find this happens more often than you would think; people forget to renew their insurance coverage, send a payment in late, or accidentally have their coverage lapse. When this happens, they are driving an uninsured motor vehicle. If you happen to be the victim of being struck by an uninsured vehicle your own insurance policy will most likely provide you not only medical coverage benefits, but bodily injury benefits as well.
It is always a good idea to consult with your agent to ensure that all your policies are active and in place.

4.) Even if you are initially found at fault for the accident, you can challenge the liability decision.
Often times, insurance companies jump to conclusions when determining liability. We have helped numerous clients challenge the decisions made by insurance companies and we have a proven track record of successfully overturning their initial decision. We do this through witness statement, hiring investigators, and other various means to help prove our case.
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September 30, 2013

N.H. Lawmakers Seek Changes to Traffic Laws after Fatal Accident

by Altman & Altman

Lawmakers in New Hampshire are considering changes to traffic laws after an unlicensed driver killed two cyclists just hours after she had been pulled over for speeding.

Darriean Hess, 19, was charged with two counts of negligent homicide after she plowed into a group of cyclists, fatally injuring two Massachusetts women, and seriously injuring two others. The cyclists were taking part in an annual charity ride along the New England coastline.

According to police reports, Hess had been stopped on the same road eight hours prior to the fatal accident and had been ticketed for speeding and driving without a license. The officer who had previously pulled Hess over had required her to wait for a licensed driver to pick up her and the vehicle she was driving. Hess is being held on $50,000 bail.

Under the current New Hampshire law, a driver may be charged with a misdemeanor only if he or she has already been cited for operating a vehicle without a license. Representative Renny Cushing, D-Hampton, has filed a bill that would make any violation committed by an unlicensed driver an automatic misdemeanor. If the new bill passed, police would have the option of arresting the driver or issuing a summons. The bill was submitted to New Hampshire police for their recommendations, but no other information on its progress is available.

According to Massachusetts General Laws, Chapter 90, Section 23, a person who is found driving while revoked, suspended, or otherwise unlicensed, may be subject to a fine from $500 to $1,000, and imprisoned for not more than 10 days, for the first offense. Subsequent offenses may result in 60 days to one year imprisonment as well as possible extension of suspension of license for an additional 60 days to one year.

While bike riding is a popular mode of transportation, especially in urban areas of Massachusetts, is can be extremely dangerous. According to the Centers for Disease Control and Prevention (CDC), more than 700 people are killed in bicycle accidents and another 500,000 people are treated annually for bicycle-related injuries. While wearing a helmet can prevent some injuries to the brain, bicyclists are still extremely vulnerable and susceptible to suffering other types of serious injuries, such as neck and spinal cord injuries, broken bones, and even death.
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