Driver Safety

February 3, 2023

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

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

February 1, 2022

Takata Airbag Recall – Defective Airbag Lawsuit Lawyer

by Altman & Altman

Airbags installed in vehicles are supposed to prevent injuries, not cause them. But that’s just what airbags produced by Japanese company Takata are accused of doing.

Defective Takata airbags can explode violently in a crash, causing serious injuries in otherwise minor collisions. As of 2021, at least 19 people in the U.S. had died and more than 400 had been injured by faulty Takata airbags.

And the dangers are far-reaching: defective Takata airbags may have been installed in as many as 100 million vehicles worldwide.

Takata Airbag Recall

As early as 2004, reports surfaced in the U.S. of Takata airbags exploding. The potentially fatal flaw is caused by the airbag’s propellant, which can degrade and cause the inflator to rupture explosively. As accounts of injuries and deaths came in over the next few years, automakers started recalling cars equipped with potentially faulty Takata airbags.

By 2014, the National Highway Traffic Safety Administration (NHTSA) finally ordered Takata to institute a nationwide airbag recall. The recall eventually extended to over 67 million airbags involving 19 different car manufacturers. The NHTSA called these the “largest and most complex vehicle recalls in U.S. history.”

And the bad news didn’t end there. Despite the massive recall, millions of cars with defective Takata airbags are still on the road today. A faulty Takata airbag was implicated in the death of a U.S. driver in 2021, many years after the recall.

Takata Airbag Lawsuits

Hundreds of people have filed lawsuits against Takata, claiming that they were injured by the defective airbags. The lawsuits allege that Takata airbags rupture dangerously when deployed, sometimes shooting metal shards into passengers, causing severe bodily harm.

Takata airbag injuries may include the following:

Brain damage or concussion
Serious cuts on the face, neck, throat, torso, or arms
Fractures to the head, neck, face, ribs, or chest
Excessive black eyes or other bruising
Severe burns
Metal shrapnel injuries
Permanent scarring or other disfigurement
Hearing, vision, or vocal damage or loss
Complications from blood loss
Injury to the fetus in pregnant women
Death

With so many Takata airbag claims being filed around the country, many of these suits were consolidated into mass litigation. These lawsuits allege that the manufacturer knew about the potential dangers for over a decade before finally issuing the recall in the U.S.

Several multi-million-dollar settlements involving Takata and auto manufacturers have been reached or proposed. In 2017, the manufacturer admitted misconduct and agreed to pay a $1 billion fine, in part to compensate victims. Continue reading

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.

December 12, 2018

Tesla Driver Found Drunk, and Asleep, Behind the Wheel of His “Model S”

by Altman & Altman

The defining feature of a Tesla is that it can be set to self-driving mode. When autopilot is engaged, a Tesla can drive without the help of the human driver behind the wheel. But this futuristic feature is intended to enhance the driving experience, not replace the driver.

Apparently, nobody relayed this pertinent piece of information to Alexander Samek, a California man who was found intoxicated, and asleep, behind the wheel of his Tesla Model S. Police struggled to pull over Samek’s car for at least seven minutes as the vehicle sped down the highway at 70 miles per hour. A Boston OUI defense attorney can help you determine how to proceed if you’ve been charged with OUI.

Is Tesla Fully Autonomous?

Although those in favor of autonomous vehicles claim that self-driving features will lead to a dramatic reduction in traffic injuries and deaths, incidents like the one above highlight a slew of potential problems. Tesla doesn’t market it’s vehicles as self-driving, likely to avoid lawsuits that would arise from situations like Samek’s. But what is unclear is how he was able to remain in autonomous mode for such a long time without disengaging the autopilot software. Teslas are equipped with stop-gap features intended to disengage autonomous mode if the driver touches the gas pedal, for example. Maybe Tesla is more autonomous than the company has led us to believe?

Drunk Driving on Autopilot?

Even though the vehicle was being operated on autopilot, not by Samek himself, the California man is still being charged with drunk driving.

At about 3:37 a.m. on the night of the incident, a police officer noticed a gray Tesla careening down Highway 101 near Redwood City, Palo Alto. The officer, who could see that the driver appeared to be sleeping, stopped traffic on the highway and pulled in front of the Tesla to slow it down to an eventual stop.

After multiple police vehicles pulled up to the car with lights flashing and sirens wailing, Samek woke up. He was given a field-sobriety test, which he promptly failed.

“It’s great that we have this technology; however, we need to remind people that … even though this technology is available, they need to make sure they know they are responsible for maintaining control of the vehicle,” said Art Montiel, a spokesman for the local police department. A MA OUI defense lawyer can help you protect your rights if you’ve been charged with OUI or any other criminal offense.

Are We Seeing a Trend?

This isn’t the first drunk driving incident involving a Tesla. In August, another California man was arrested for drunk driving after he crashed into a fire truck with his Tesla. And in a case similar to the one involving Samek, yet another California man was arrested on suspicion of drunk driving after he passed out in a Tesla as it drove across the San Francisco-Oakland Bay Bridge on autopilot. Continue reading

October 24, 2018

What’s Going On with All the Self-Driving Car Crashes?

by Altman & Altman

The belief that self-driving cars will eventually make our roadways safer is widely held, but the recent surge of autonomous vehicle (AV) crashes is causing serious concern. Is it too early for AVs to be on the roads? And what is causing all of these crashes? Although most accidents have been minor, there are exceptions, including the self-driving Uber that hit and killed a pedestrian in Tempe, Arizona.

The less “sensational” crashes may not make national news, but reports showing all AV crashes—even minor fender benders—are particularly alarming. They are happening with relative frequency…and most involve rear-end collisions. Take the state of California, for example. In the month of September alone, three AVs were rear-ended and three were sideswiped. Most AV developers do their road testing in California, Arizona, Pennsylvania, Nevada, and Michigan, but California is the only state that requires AV companies to report detailed information about their testing. Since 2014, California has recorded at least 104 collisions involving AVs. Of those, a whopping 49 occurred in 2018.

Critics warn that getting to a point where AVs can basically eliminate the country’s annual 40,000 roadway fatalities may take decades, and current testing programs are akin to a public experiment in AI to which public participants haven’t willingly signed on. Considering that possible outcomes include serious injury or death, concern is understandable. According to research into recent accident patterns, experts have concluded that AVs drive in ways that may be unexpected by the human drivers with whom they share the road. A MA auto accident attorney can help you determine how to proceed if you’ve been injured due to another’s negligence.

Rear-End Collisions and AVs—Who’s at Fault?

Analyzing the data found in nationwide reports, researchers have concluded that rear-end accidents account for approximately two-thirds of all AV accidents. Why all the rear-end collisions? And doesn’t that mean they’re the fault of the human driver who hits the AV from behind? Although most states hold that rear-end accidents are the fault of the driver who hits the other vehicle from behind (and there is no denying that today’s human drivers are more distracted than ever), many experts believe that the AVs are at least partially to blame.

Of the 28 rear-end accidents reported involving self-driving cars in California last year, 22 occurred when the vehicle was in full autonomous mode. Such statistics lead experts to believe that AVs simply must be doing something that increases the likelihood of being involved in a rear-end collision. Although autonomous vehicles may make take the “path of least resistance” (i.e. make an illegal left-turn to avoid mowing down a pedestrian), they don’t always drive in a way that human drivers expect. Which may be the biggest problem faced by AV developers, and the general public.

People Expect People to Break Rules

Kyle Vogt, cofounder and CEO at Cruise believes the reports coming out of California paint a very clear picture—humans expect other humans to break traffic rules when behind the wheel (i.e. speeding up at a yellow light or driving over the speed limit), but AVs don’t bend the rules.

“We’re not going to make vehicles that break laws just to do things like a human would,” says Vogt. “If drivers are aware of the fact that AVs are being lawful, and that’s fundamentally a good thing because it’s going to lead to safer roads, then I think there may be a better interaction between humans and AVs.” A Boston auto accident lawyer can help you recover damages if you’ve been injured due to another’s negligence.

It’s going to be a long time until AVs are universally safe on American roadways. In the meantime, awareness is key. The public would benefit immensely from knowing how self-driving technology works, how—and where—it is being tested, and how AVs behave. Labeling AVs in similar fashion to driver’s education vehicles could be one way to help human drivers adapt to their artificially-intelligent counterparts. Continue reading

April 25, 2018

Lane Departure Warning Systems May Save Thousands of Lives a Year

by Altman & Altman

If you have a newer model car or truck, it is likely that your vehicle is equipped with a lane departure warning system. A recent study conducted by the insurance Institute for Highway Safety (IIHS) concluded that this technology significantly reduces the rate of serious injuries and deaths in a motor vehicle accident. Auto manufacturers introduce new vehicle safety features every year, but not all are as effective as planned. This is not the case, however, with lane departure warning systems.

According to the IIHS, “if all U.S. passenger vehicles were equipped in 2015 with a lane departure warning system, nearly 85,000 crashes and more than 55,000 injuries would have been prevented that year.“ A Boston motor vehicle accident attorney can help you determine how to proceed if you’ve been injured due to another’s negligence.

Why are Lane Departure Warning Systems So Effective?

According to the vice president for research for IIHS, Jessica Cicchino, a significant percentage of fatal highway accidents involve a car or truck that drifts from its lane. Distracted driving, drowsy driving, and operating under the influence of drugs or alcohol are often factors in lane drift accidents. Although the best advice would be to never drive drowsy, distracted, or impaired, it is impractical to believe that every driver will heed that advice. As such, The use of lane departure warning systems may be the next best solution.

The IIHS study, which was recently published in Consumer Reports, claims that lane departure warning technology could prevent thousands of deaths annually in the United States, and even more injuries. The institute also reported that injuries suffered in single vehicle accidents, head on collisions, and side swipes may be reduced by up to 21 percent with the use of a lane departure warning system. A Massachusetts personal injury lawyer can help you recover damages if you’ve been injured in a motor vehicle accident.

Motor Vehicle Accident Statistics

Auto accidents are one of the leading causes of accidental death in the United States. You can dramatically reduce your risk of serious injury or death in a vehicle crash by always wearing your seatbelt, never driving while impaired, always driving the appropriate speed limit, and never talking or texting when behind the wheel. The statistics below provide additional information about the frequency and severity of motor vehicle crashes.

In 2016, there were a total of 34,439 fatal motor vehicle crashes in the U.S., in which 37,461 people died.
Across the nation, about 55 percent of motor vehicle crash fatalities involved single-vehicle crashes.
Alcohol was involved in about 61 percent of all fatal car crashes in 2016.
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,450 lives in 2016.
It is estimated that about 481,000 drivers are talking on cell phones or texting during daylight hours, every day.
In a NHTSA study, approximately one in 25 adults reported falling asleep behind the wheel at least once in the previous month.

April 13, 2018

How Are Motor Vehicle Insurance Rates Determined?

by Altman & Altman

In MA, as in every state in the nation, drivers are required by law to insure their vehicles. Much of your insurance rate is determined by the coverage options you choose, but there are several other factors that go into calculating annual premium.

Rate Factors

Most people know that black marks on your driving record, such as OUI convictions and speeding tickets, can increase your insurance premiums, but what else factors into your rate?

Age: Due to a simple lack of experience, young people—from teens to early twenties—pay the highest rates for insurance. These rates can be decreased in a variety of ways, from driver’s education courses to completing a year of incident-free driving.
Gender: Because males have more moving violations than females—from a statistical standpoint—teen males pay more in insurance premiums than their female counterparts.
Overall experience: If you are older when you first get your license, you will pay higher rates than if you’d been driving for 10 years or more. Statistically speaking, inexperience leads to more accidents.
Driving record: Whenever you get a moving violation—whether for speeding, running a red light, or operating under the influence—points will be added to your driving record. Points are bad. They translate to higher insurance premiums and, if you get too many of them, you may lose your license.
Mileage: If you work close to home and don’t put many miles on your vehicle, you will likely pay less than if you have a long commute.
Location: Where you live factors heavily into your auto insurance rates. If you live in a highly-populated area, such as a city, your premiums will be higher because of the risk of vandalism and theft.
The vehicle: Cars that are more expensive to fix or replace will cost more, but helpful features—such as anti-theft devices—may reduce the rate. A Boston auto accident lawyer can help you determine how to proceed if you’ve been injured due to another driver’s negligence.
Where you park: If you park in a locked garage, your rates will be lower than if you park on a city street, for example.
Credit score: Most insurance companies use credit scores as an indicator of the likelihood that drivers will file claims. Even if your driving record is perfect, you will probably pay more for insurance if your credit score is poor.

February 15, 2018

Drowsiness a Factor in Nearly 10 Percent of all Car Crashes

by Altman & Altman

According to a recently released report from the AAA Foundation for Traffic Safety, drowsiness is a factor in about 9.5 percent of all motor vehicle crashes. When serious property damage is involved, that figure rises to 10.8 percent. This is a significant increase from government statistics that previously estimated drowsy driving to be a factor in only 1 to 2 percent of crashes.

To conduct the study, researchers viewed footage from in-car cameras, showing drivers’ faces, actions and behaviors at approximately three minutes before the crash occurred. The federally-funded study reviewed more than 700 motor vehicle crashes. With 3,593 volunteers, it was the largest study of its kind.

The study cited CDC figures showing that about 35 percent of drivers in the U.S. get less than the recommended seven hours of daily sleep. The CDC also suggested that government statistics were underestimated, and that annual drowsy driving-related accidents may be as high as 6,000.

The Importance of a Good Night’s Sleep

William Van Tassel, a driver training manager for AAA, wants the public to know that sleep is the only real solution to the drowsy driving problem.

“Short term tactics like drinking coffee, singing, rolling down the window will not work. Your body’s need for sleep will eventually override your brain’s attempts to stay awake,” said Van Tassel. A Boston car accident attorney can help you determine how to proceed if you’ve been injured due to another’s negligence.

Safety Tips

By following the tips below, you can dramatically reduce your risk of drowsy driving, or falling asleep behind the wheel.

Drink lots of water. This may mean more bathroom stops, but frequent stops are also helpful at keeping you awake and alert.
Avoid heavy foods before or during your drive.
Whenever possible, travel with a passenger. In addition to providing conversation and engagement, the other person can drive if you become too tired.
Be aware of the side effects of any prescription or over-the-counter meds you may be taking. If they cause drowsiness, you may have to temporarily stop the medication, only drive when the drowsy effects are least likely to occur, take an alert passenger along to share driving time, or stop for power naps whenever you feel sleepy.
When all else fails, pull over in a safe location and sleep.

Is Technology the Answer?

With technological advancements taking over the world – cars included – is technology the answer? Multiple new model cars now have a driver alertness monitor. This monitor sets off an alarm if it detects that the driver is sleepy. The feature is not intended to keep you awake, just to alert you that your level of fatigue is becoming dangerous. Some vehicles, including certain Mercedes-Benz models, will actually bring the car to a complete stop and turn on the hazards if the driver becomes unresponsive. A MA injury lawyer can help you recover damages if you’ve been injured in a car accident. Continue reading

February 8, 2018

Vision Zero Boston – Using Technology to Make Streets Safer

by Altman & Altman

The City of Boston is making its streets smart with technology – such as cameras and sensors – to learn how people interact on, and with, Boston’s streets. The Vision Zero initiative, which is being implemented in multiple cities across the country – aims to put an end to serious motor vehicle crashes. Through the data collected via camera and sensor technology, Boston can re-imagine its streets, improving design and overall safety.

Working with Verizon, the City of Boston is gathering data at city intersections, including the one at Massachusetts Avenue and Beacon Street. This data will be used to determine what, if any, changes need to be made. To gather necessary data, this pilot program is using video cameras, LED lights, and sensors placed under the road. Possible changes may include:

increased enforcement of traffic rules,
better public education about traffic rules,
improved sidewalks, streets, and signage.

Once acquired, the data is uploaded into a web-based platform for analysis and reporting. A Boston motor vehicle accident attorney can help you determine how to proceed if you’ve been injured due to another’s negligence.

What Type of Data is Being Gathered?

How different types of vehicles – including bicycles – move during green, yellow, and red traffic signals
Whether vehicles tend to remain in the intersection for an extended period of time
Where pedestrians are using crosswalks
How pedestrians respond to “Walk” and “Don’t Walk” traffic signals
The frequency with which motor vehicles and cyclists yield to pedestrians in crosswalks
Use of bike lanes by cyclists
Situations that result in cyclists riding outside those lanes

What About Privacy?

There has been some concern about privacy as records of vehicles, cyclists and pedestrians are collected, and video data is analyzed. According to the City of Boston, the data is anonymous. No specific personal information is attached to any records. Additionally, the City will not have access to any video footage. Rather, Verizon – who owns the data – provides basic information to the City, such as the number of pedestrians on a given day. Neither Verizon nor the City will use biometric software to read license plates or perform facial recognition analysis. Further, the video will not track specific individuals or issue traffic tickets.

Smart Streets, Smart City

Vision Zero’s “Smart Streets” are just one part of the overall “Smart City” technology, with which the Mayor’s Office of New Urban Mechanics is experimenting. Other smart city technology includes self-driving vehicles and smart parking sensors, “Internet of all Things” devices, and interactive public art. A MA personal injury attorney can help you recover damages if you’ve been injured due to another’s negligence.

Considering that there are more than five million car accidents annually, and about 80 people die in car accidents every day, Boston’s initiative to reduce serious and fatal accidents to zero is both encouraging and challenging. As technology continues to advance, however, the rate of fatal accidents is likely to drop. This is good news for all. In the meantime, always wear your seat belt, don’t speed, don’t text and drive, and never drive under the influence of drugs or alcohol. Continue reading