Driver Safety

October 23, 2023

Tesla Autopilot Accident Lawsuits

Although self-driving cars are undoubtedly the wave of the future, they are not perfect just yet. In fact, the National Highway Traffic Safety Administration (NHTSA) has investigated dozens of crashes involving Tesla vehicles believed to be using partially automated driving systems. Now, in a trial currently underway against Tesla in a California court, a lawyer for the plaintiff has criticized car manufacturers for selling “experimental vehicles” to consumers.

According to Reuters, the civil case stems from a 2019 accident in which a Tesla Model 3 — said to be equipped with a “beta” version of the full-self-driving package — suddenly veered off a highway at 65 miles per hour, hit a palm tree, and burst into flames. The crash killed the driver and seriously injured his two passengers, including an 8-year-old boy. The lawsuit blames Tesla’s Autopilot for the collision, and accuses Tesla of knowing the safety systems were defective when the car was sold.

Tesla Autopilot Accidents

September 7, 2023

The 10 Deadliest Highways in Massachusetts

by Altman & Altman

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?

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

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.