Motor Vehicle Accidents
Texting While Driving Study: Voice-to-Text is Not Safer
We all have one: a cell phone we keep close by throughout the day, to keep in touch with work and the people in our lives. Many of us now use smart phones so in addition to talking and texting, we have quick access to apps, cameras and other neat gadgets. The bottom line is we get more use from our mobile phones now than ever.
While the conveniences are nice, they are a negative when it comes to driving. Studies have long shown cell phone use of any type is a distraction which can result in drivers taking their eyes off the road and causing motor vehicle accidents.
Most states have some restriction on use. The District of Columbia and 39 states, including Massachusetts, ban texting while driving. Ten states and the District of Columbia ban all phone use by drivers. Massachusetts bans all cell phone use for drivers under 18.
Some say these efforts and related educational campaigns are falling short and the use of smart phones is actually increasing. The market has certainly grown dramatically. By last October, the count was over 1 billion smart phone users worldwide, according to one firm’s report. By 2015, another billion users are expected to get smart phones.
Many new users are using talk-to-text technology while they drive, but a new study finds this is not actually any safer. The study by the Texas A&M Transportation Institute was released during April’s National Distracted Driving Awareness Month. The study was the first to compare voice-to-text and manual texting.
The Study
The transportation institute studied 43 research participants driving a vehicle on a closed course. Drivers traveled the course without any cell phone use, then three more times performing texting exercises. On the first two laps, they used two different voice-to-text applications. On the third lap, they texted manually.
Researchers found driver response was significantly delayed when drivers used voice-to-text or sent text messages. In both cases, drivers took about twice as long to react as they did when they were not texting.
Manual texting required slightly less time than voice-to-text, but driver performance was roughly the same.
One theory for why is drivers who used voice-to-text had to look down at the phone after they spoke their message and check it before sending, taking their attention from the road.
Massachusetts Texting While Driving Law
The Massachusetts law which bans texting while driving is M.G.L. c. 90, Sec. 13B. It took effect Sept. 30, 2010.
Under the law, drivers in Massachusetts are banned from both texting and e-mailing while operating a car. They cannot read or browse the Internet. Voice-to-texting is not specifically addressed in the law.
Some police departments are seeking to enforce the law. In January, West Bridgewater police stopped 51 drivers over four hours on a Saturday afternoon. In March, another four-hour sting caught 43 drivers texting.
Texting while driving is a non-criminal offense which carries a $100 for the first offense, $250 for the second offense and $500 for the third.
Drivers who are texting and driving and cause injury or death can also be criminally charged under M.G.L. c. 90, Sec. 24(2)(a). Read about a recent case.
Travel Safe in Boston After Blizzard of 2013
After a snow storm that buried Massachusetts with record-setting strength, many of us are slowly making our way back to our daily routines.
Massive snow banks, narrow roads and giant icicles are now the challenge. Governor Deval Patrick has lifted the weekend’s driving ban, but the State of Emergency remained in effect this morning. Many schools cancelled classes for another day and Boston Mayor Tom Menino encouraged businesses to let their employees work from home today.
Our tips for staying safe and avoiding injuries as you travel:
Community Websites. Check your community website for information about snow plowing and closed streets, as well as power outages and school closures.
Public Transportation. Use the MBTA if you are traveling into Boston. Mayor Menino is urging the public to stay off the roads to make room for cleanup.
Store and Pharmacy. Choose merchants close to home if you are heading out to restock up on food, medications and other supplies. Travel in daylight if possible.
Pedestrians Use Caution. Stay indoors today. Over the next few weeks, limit outdoor walks until the snow melts. If you must walk, wear a neon-colored vest.
Drivers. If you do drive, beware of the tall snowbanks and avoid roads which may not be fully cleared. Remember some roads may not have enough space for two-lane traffic.
Parking. Call ahead to ask about parking, even to your employer. Parking may not be available or be limited. Looking for spaces can lead to frustration among drivers and car accidents.
Gasoline and Vehicle Supplies. Keep your gas tank full over the next few days and equip your car with supplies such as a first aid kit, snow brush, small shovel, blanket and an extra hat and pair of mittens.
Take a Minute. Driving in these conditions can be stressful and accidents can occur. If you find yourself in a dangerous situation, pull over at your earliest opportunity. Take a minute to think about your options and if necessary, call the local police or fire department on their non-emergency line and ask for their direction.
Related:
Massachusetts Emergency Management Agency App.
Drowsy Driving Accidents Are Preventable
Younger drivers are the most likely to drive drowsy, with one out of seven drivers ages 16-24 admitting to nodding off behind the wheel at least once in the past year, a National Sleep Foundation study found.
The National Sleep Foundation released its study for its annual campaign, Drowsy Driving Prevention Week, from Nov. 12-18. The foundation’s study also found one in 10 of all licensed drivers admitted to falling asleep during the past 12 months. The AAA Foundation for Traffic Safety estimates that about one in six deadly car crashes involves a drowsy driver. In addition to drivers who are falling asleep, the National Sleep Foundation’s 2011 Sleep in America poll found that among those who drove, 52 percent indicated they have driven drowsy and 37 percent had done so in the past month.
Across the country, four states have laws related to drowsy driving: New Jersey, California, Utah and Florida.
The laws vary, providing for a mix of educational campaigns, research and in New Jersey, a law criminalizing drowsy driving. Maggie’s Law states a drowsy driver – one who has not slept in 24 hours – qualifies as a reckless driver who can be convicted of vehicular homicide. The law was passed in 2002 following a car accident which claimed the life of 20-year-old college student Maggie McDonnell. The student was struck by a driver who had not slept for 30 hours and had been using drugs.
The jury deadlocked in the first trial involving the fatal car crash. During the second trial, the defense lawyers argued that there was no law against falling sleep behind the wheel in New Jersey so the driver did nothing wrong. The driver received a suspended jail sentence and $200 fine.
In Massachusetts, Sen. Richard T. Moore, (D-Uxbridge) has proposed “Rob’s Law,” which was placed under a study order this summer. The legislation is named for Major. Robert Raneri of the United States Army Reserve, who was killed in 2002 by an admitted drowsy driver on his way to work at Fort Devens.
The bill would make it a criminal offense for drivers to drive drowsy in Massachusetts. In cases where drivers cause a car accident resulting in death, they could be charged with homicide by a motor vehicle while under the influence of an intoxicating substance.
Drowsy driving car accidents can be prevented through awareness and good decisions. Our Boston car accident attorneys offer this list of signs which should serve as warnings not to drive:
- Difficulty focusing, frequent blinking and heavy eyelids.
- Driving mistakes such as drifting from your lane and swerving.
- Not seeing other cars until they are immediately near you.
- Daydreaming.
- Trouble keeping your head up.
- Disobeying traffic lights or failure to see them change until another driver honks.
- Missing traffic exits.
- Not remembering traveling the last few miles.
- Yawning.
- Restlessness, irritability or aggression.
Other steps to avoid drowsy driving and car accidents:
- Get a good night’s sleep of seven to nine hours at night.
- Do not be in a rush to arrive at your destination.
- Avoid driving long distances alone when you can.
- Avoid alcohol and medications that cause drowsiness.
- Consume caffeine if you need it.
- Avoid driving at times you are normally asleep.
- For long distance travel, take a break every 100 miles or 2 hours. Get a snack, change drivers, take a walk.
- Make sure you eat regular meals and snacks.
- If you need, stop and find a safe place to nap.
- Avoid alcohol and medications that cause drowsiness.
Related:
Bill S.1773: An Act relative to drowsy driving.
Drowsy Driving, National Sleep Foundation.
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Teen Driver Safety Week Time to Talk About Safe Driving
National Teen Driver Safety Week, which takes place from October 14 – October 20, is a good time for parents and teenagers to talk about driving safety.
Traffic crashes are the leading cause of death for teenagers in the United States. Common causes are inexperience, failure to wear a seat belt, drinking and driving, speeding and distracted driving.
Even if you have already had a conversation in the past, we encourage parents to speak to their teens about preventing car accidents and include these points:
Understand the law.The Massachusetts Junior Operator Law places restrictions on drivers from traveling with passengers under 18 during their first six months of holding a license. The lone exception is for siblings. Junior operators are also forbidden from driving between the hours of 12:30 a.m. and 5:00 a.m.
Wear a seat belt. This reminder is always important. Teenage drivers and their passengers have some of the lowest rates of seat belt use, according to the National Highway Traffic Safety Administration (NHTSA).
No talking or texting on the cell phone. Texting while driving is illegal for any person driving in Massachusetts, and using a cell phone while driving is against the law in Massachusetts for drivers under 18. Teens face steep penalties for violations of either law. For first offenses, they face a 60-day license suspension and other sanctions. Suggest your teen put their cell phone out of sight or in the back seat when driving.
Limit food and beverage consumption. Eating while driving is very distracting. Ask your teen not to eat and to limit beverage consumption while driving. Suggest they eat before leaving home or at another safe place.
Limit driving with other teens. Conversation can be distracting for any driver, especially teens who may be excited about enjoying freedom of the road without an adult.
Avoid loud music. Music of any volume can be a distraction while driving, but loud music and adjusting the radio controls can be especially hazardous for teenage drivers.
No grooming. Remind teens they cannot focus on the road while grooming.
No speeding. Remind teen drivers to watch the speed limit, especially in school zones where they may encounter young children.
You can also:
Drive with your teen. Sit in the passenger seat with your teenager on a regular basis and observe how they handle basic driving tasks, such as stop lights, passing other cars, keeping a safe distance on the highway, and changing lanes. By not using or even checking your cell phone, you can set a good example for your teen. Also refrain from heavy conversation. Finally, unless safety is at stake, hold your suggestions until a few hours later, when you are out of the vehicle and they won’t tense up or get anxious behind the wheel.
Additional Resources
Massachusetts Junior Operator License Requirements
Tips on the Massachusetts Junior Operator Law for Parents
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Pedestrian Accidents Surge in September
Two car accidents killed pedestrians this weekend in Lowell and Townsend, the latest in a series of injuries and deaths in the past month.
A 50-year-old Lowell man walking on West Sixth Street was killed early Sunday morning in a hit-and-run pedestrian accident. The previous day, a 57-year-old Townsend man was killed on Wallace Hill Road in that community. On Sept. 9, a 38-year-old man walking with his girlfriend’s young daughter was killed when he was struck by a Dodge Ram pick-up truck in Whitman. The 4-year-old was also hit and survived with serious injuries.
In the past month, pedestrians have also suffered serious injuries in car collisions in Northborough, Salem and Woburn.
When a pedestrian accident occurs, police often respond by increasing traffic monitoring as a signal to drivers that they are watching. When drivers take that message and pedestrians follow the rules of the road, the roads become safer for everyone. The attorneys at Breakstone, White & Gluck of Boston have over 85 years of combined experience handling car accident and pedestrian accident cases. We offer you these tips to stay safe on the road:
Tips for Pedestrians
Sidewalks. Use sidewalks as much as possible.
Understand the law. You have the most protection in crosswalks and intersections with “Walk” signals. Use these as much as possible.
Be patient. Resist the urge to cross the street before a “Walk” signal lights.
Pay attention. Do not talk on your cell phone or text while waiting to cross the street or when walking through traffic.
Wear bright colors. When walking or running at night or in the early morning, consider wearing a neon vest and carrying a flashlight.
Time of day. Be aware of when pedestrian accidents often occur. On weekdays, they are most likely to occur between 4 p.m. and midnight, according to the National Highway Traffic Safety Administration (NHTSA). On weekends, the majority occur between 4 p.m. and 4 a.m.
Shopping areas. Pedestrian accidents can happen in parking lots at shopping areas and schools as well as on streets. Walk slowly and watch for cars pulling out of spaces.
Eye contact. When you are uncertain about what a driver is planning, attempt to make eye contact.
Tips for Drivers
Crosswalks. Pedestrian have the right of way. They have the most protection in crosswalks and intersections with “Walk” signals and green lights. You must stop before the crosswalk and not on it, even if no one is crossing it.
Slow down. Slowing your speed and looking out for pedestrians and bicyclists are the best way to avoid a car accident.
No texting while driving. This is against the law in Massachusetts and reduces your ability to react to other drivers, bicyclists and pedestrians.
Avoid other distractions. Limit distractions, such as talking on your cell phone, grooming and extensive use of the GPS and maps.
Change your travel route. Ask yourself if you can change your travel plans to reduce encounters with pedestrians. Maybe you can avoid school zones when classes are in session or dark roads when runners and walkers may be traveling.
School zones and buses. Drive slowly. In Massachusetts, the speed limit for school zones is 20 miles per hour. Remember you are required to stay 100 feet behind a stopped bus and cars are not allowed to pass other cars stopped for a school bus.
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Car Accident Study: Drivers Who Use Cell Phones May Show Other Risky Behaviors
A new study raises the question of whether driving while using a cell phone is the safety risk or a symptom of a larger problem: an aggressive driver with dangerous habits.
Researchers at the Massachusetts Institute of Technology (MIT) found drivers who engaged in frequent cell phone use are higher-risk, even when their phone is out of use. The researchers studied the behavior of 108 Greater Boston drivers. About half admitted to frequent cell phone use while the others said they rarely talked behind the wheel.
The frequent cell phone users tended to drive faster, changed lanes more often and spent more time in the far-left lane. They were also more likely to accelerate rapidly and slam on the breaks.
The data supports the focus on cell phone use: The National Safety Council (NSC) estimates about 1 of 5 car accidents involve drivers who were on the phone.
But researchers say even as the number of cell phones has increased nationwide, the number of car accidents has not, leading to one possible conclusion that drivers who talk behind the wheel are also engaging in other risky behaviors.
Massachusetts is among 39 states which have banned texting while driving. Ten other states ban talking on the phone unless a driver uses a hands-free device. Recently in Massachusetts, lawmakers have considered full cell phone bans to reduce car crashes.
Researchers are investigating whether the answer lies beyond new laws. They are considering retraining programs for drivers which discourage cell phone use and provides warning about other bad habits. Focus is also on auto collision warning systems or sensors which identify when cars cross a lane.
Related:
- It’s not the cell phone, but the driver that’s high risk, The Boston Globe.
- Texting while driving accidents, Breakstone, White & Gluck.
- Distraction.gov.
Car Accident Risk Increases with Independence Day Holiday Travel
This year, the Fourth of July holiday travel is projected to increase, making it particularly important to plan and take precautions before getting behind the wheel. The AAA auto club expects a 4.9 percent rise in cars traveling 50 miles or greater. The travel will be spread out over the six days between Tuesday, July 3 and Sunday, July 8.
The expected Independence Day holiday travel volume will tie the past decade’s previous high mark set in 2007 and represents a near 42 percent increase from 2009.
The busiest days were expected last Friday and this coming mid-week. The National Safety Council estimates the U.S. will see 173 car accident deaths between Tuesday night and Wednesday. Some 17,300 serious personal injuries requiring medical attention were also expected.
The Boston car accident lawyers at Breakstone, White & Gluck urge drivers to be safe, plan and take precautions with these tips:
Fuel Up. Always fuel up your car before you start traveling.
Seat Belts. Seat belt use saved more than 75.000 lives from 2004 to 2008, according to the National Highway Traffic Safety Administration.
No Cell Phones. You reduce your ability to respond to potential accidents when you are talking or texting. To avoid temptation, the best plan is to ask someone else to hold your phone.
Travel Off-hours. The mid-week holiday provides more options for traveling. Consider returning Thursday or Friday rather than Saturday or Sunday.
Mass 511 Traffic Updates. Click here for traffic updates on Massachusetts car accidents and roadway conditions.
Slow Down. Make sure you are providing adequate room between yourself and the car in front of you.
Tolls. Consider signing up for a pre-pay toll program before your trip. This will allow you to use a greater number of lanes at the toll booths and reduce your chance for a car accident.
Use Your Air Conditioning. In addition to keeping everyone in the car comfortable, it will allow you to stay more alert while driving.
Tires. Make sure your tires are properly inflated before you travel a long distance. Underinflated tires can cause tires to overheat and result in a car crash.
Battery. If your car battery is over 3 years old, have it checked before you travel. Heat can cause your battery to fail.
Traveling with Children. Supply children with books to flip through or similar low-key toys to keep them occupied so they will not distract you while driving.
Drowsy Driving. If you are having trouble sleeping and drive, you could cause a serious car accident. Ask someone to take the wheel.
Emergency Kit. Stock an emergency kit with water, non-perishable food, a flashlight with extra batteries, jumper cables, road flares, a first aid kit and neon vests for all your passengers. This will make you visible to other drivers if you must exit your vehicle.
Pedestrians and Cyclists. Whether you are traveling to your holiday destination or running out to the store once you have arrived, watch out for pedestrians and cyclists on the shoulders of the road and crossing.
Related:
- AAA Projection for Independence Day Holiday Travel Ties Record for Highest Volume in Past Decade.
- Seat Belts, National Safety Council.
- AAA Provides Five Ways to Help Your Car to Survive Extreme Heat.
Texting While Driving Case Highlights Dangers, Liability
A Haverhill teenager was sentenced to jail time this week for causing a fatal accident by texting while driving, raising the issues of painful consequences, criminal punishments and civil liability families can face for what is becoming an all-too-common practice.
The case was the first of its kind in Massachusetts, where a ban on texting while driving took effect in 2010. As the 18-year-old driver was sentenced this week in Haverhill District Court, the public learned what criminal punishments violators can face. But the public should also be aware of what they did not see in the media: If a teen causes a car accident, they and their parents might also be sued civilly and may have to pay their victims significant financial damages.
In cases involving injury and death, a parent who negligently entrusts a car they own to a teen who they have cause to know is texting behind the wheel may be found liable for negligent entrustment. If so, then the parent might be sued and forced to pay damages to a victim.
Case of Texting While Driving
On February 20, 2011, Aaron Deveau, 18, was driving in Haverhill and crossed the center line, striking a car driven by a 56-year-old New Hampshire man. The man died of his injuries a few weeks later, while his passenger, a 59-year-old Haverhill woman, was severely injured and left with physical disabilities.
After the man’s death, Deveau was charged with motor vehicle homicide and texting and causing injury. The motor vehicle charge carried a maximum sentence of two and a half years in jail and the texting and causing injury was punishable by up to two years. A Haverhill District Court jury found him guilty of both charges and Judge Stephen Abana sentenced him to the maximum penalty. However, Deveau will serve a year concurrently on both charges and the balance of the charges is suspended for five years. His license will be suspended for 15 years on the motor vehicle homicide charge.
Prosecutors have been able to charge negligent drivers with texting and causing injury since September 30, 2010, when the Massachusetts law banning texting while driving took effect. The law banning use of electronic devices while driving is M.G.L. Chapter 90, Section 13B. If drivers cause injury or death, they can be criminally charged under M.G.L. Chapter 90, Section 24(2)(a).
The law applies to all electronic communications, including sending and reading texts, sending and reading emails, and any sort of internet browsing. For non-criminal charges (if there is no accident or injury), the fine is first $100, then $250, and then $500. Insurance surcharges do not apply to the civil penalties.
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Motor Vehicle Accidents Increase When Teen Drivers Carry Teen Passengers, Study Reports
Among drivers, teenagers have long been known as the most likely to be involved in car accidents. But a new study released by AAA’s Foundation for Traffic Safety is now quantifying how much that risk increases when teen drivers travel with other teens.
The study relies on federal fatality statistics and shows the risk for a fatal motor vehicle accident increases by almost half when a 16- or 17-year-old driver has one teen passenger in the car. The risk for a motor vehicular fatality doubles with two passengers and quadruples with three or more.
During the past decade, many states have implemented graduated licensing laws which have increased training requirements for new drivers, while also placing restrictions on passengers and hours of operation.
The Massachusetts’ junior operator license law prevents drivers from carrying passengers under the age of 18 during the first six months of having a license. There is an exception for siblings.
The law further bans teen drivers under 18 from operating between 12:30 a.m. and 5:00 a.m. unless accompanied by a parent or guardian.
In 2010, the state of Massachusetts strengthened junior operator restrictions when it banned the practice of texting while driving for all drivers. While most drivers face a fine for first-time offenses, teens face heavier penalties of fines, license suspensions and are required to attend retraining classes.
Drivers age 18 to 20 report the most phone use during motor vehicle accidents, according to the National Highway Traffic Safety Administration (NHTSA). The age group is three times more likely to report they are reading or sending a text message or e-mail during a car accident than drivers over age 25. Reports of texting while driving drops significantly as age increases, the NHTSA figures show.
We urge parents to strictly enforce junior operator laws in their homes. In addition to helping teenage drivers get experience without distraction, preventing use of a family car in violation of the junior operating laws is one way to avoid claims for negligent entrustment of an automobile.
Related:
Motorcycle Accidents Are Top Concern During Motorcycle Safety Awareness Month
May has arrived and as motorcycling season begins, the National Highway Traffic Safety Administration (NHTSA) is observing Motorcycle Safety Awareness Month.
The national initiative aims to encourage drivers and motorcyclists to “share the road” and highlights that motorcycles are vehicles with the same rights and privileges as any other motor vehicle on the road.
This is an important point because most motorcycle accidents involve passenger vehicles and trucks. Many motorcycle accidents result from a lack of understanding and awareness on the part of both or either party. Many times, drivers will say they fail to see motorcyclists until just before an accident.
In 2009, motorcyclists were 25 times more likely than passenger vehicle occupants to die in a crash, according to the NHTSA. Motorcyclists were five times more likely to be injured based on miles traveled.
But motorcyclists can take a number of safety steps to protect themselves on the road. The Boston motorcycle accident lawyers at Breakstone, White & Gluck share a few motorcycle safety tips:
Wear a Helmet. Wearing a helmet is the best way to protect yourself from serious head injury. An unhelmeted motorcyclist is 40 percent more likely to suffer a fatal head injury in a motorcycle crash than one wearing a helmet, according to the NHTSA. Massachusetts is one of 19 states which require all motorcyclists to wear helmets. State law also requires all scooter and “low-power” riders to wear helmets.
Select a full-face helmet for the best protection. An open-faced helmet provides the next highest level of safety.
To select the right helmet, look for one which meets Department of Transportation (DOT) standards. All adult helmets are required to meet this standard and it will be clearly labeled on the helmet. The Snell Memorial Foundation is another well-respected testing organization to seek out, but helmet manufacturers are not required to meet its standards.
Take a Safety Class. Take an annual class on motorcycling safety to learn important techniques such as splitting lanes and how to handle road conditions such as uneven pavement and railroad tracks.
Wear Brightly Colored Clothing. Your goal is to make yourself as visible as possible to drivers during the day as well as night. Consider bright colors for your clothing and helmet.
Look in the Car’s Side View Mirrors. On the road, your best position is to be able to see the driver’s eyes in the side view mirror. If you cannot, you are in the vehicle’s blind spot, meaning the driver cannot see you in the mirror when he makes a driving decision.
Splitting Lanes. This is when a motorcycle moves in between two vehicles in separate lanes. Make sure you have the experience to make this move and make sure drivers around you are alert.
Avoid Riding in Inclement Weather. The risk for personal injuries increase in the rain and other bad weather conditions.
Related:
- Motorcycles, National Highway Traffic Safety Administration
- 7 Tips for Motorcycle Safety, Massachusetts Department of Transportation
- Motorcycle and Bicycle Helmet Use Laws, Insurance Institute for Highway Safety
- Motorcycle Safety Awareness Month Reminds Drivers, Riders to Share the Road, Consumer Reports
The Boston motorcycle accident lawyers at Breakstone, White & Gluck have over 80 years combined experience handling motor vehicle and motorcycle accident cases in Massachusetts. If you have been injured, it is important to learn your legal rights. For a free legal consultation, contact us today at 800-379-1244 or 617-723-7676 or use our contact form.