Motor Vehicle Accidents
Motorists, Please Help Prevent Accidents: Look Closer for Bicycles and Motorcycles
It is Bay State Bike Week in Massachusetts, a time to focus on safety for cyclists. During this week, cyclists are hard to miss as they gather at large events in Boston, Cambridge and across the state.
But the daily reality is many Massachusetts cyclists are far less visible to drivers, spending the majority of their time riding alone or in small groups. And when drivers get behind the wheel, they usually pay attention to other motor vehicles and pedestrians at crosswalks. But bicyclists and motorcyclists tend to get lost in the scenery, which can lead to bicycle accidents and motorcycle accidents.
We do not make this observation alone. We join many others, including the Transport for London (TPL), which manages a complex transportation network that includes buses, railway, underground trams and more than 900 miles in roads. It also manages a popular cycle hire service, which allows visitors and residents to rent bicycles 24 hours a day from docking stations around the city.
TPL has gained an Internet following in recent years with its “Think!” campaigns, asking members of the public to test their awareness of what they are viewing. We encourage you to watch one eye-opening video below. Others can be found at http://www.awarenesstest.co.uk/.
http://www.youtube.com/watch?v=47LCLoidJh4
We suggest that you watch for changes or unique placements on the screen. But even with this warning, many people have to be told how the scene changes. The message: we should all take a closer look as we travel among others in our daily lives.
Motorists should take a closer look on the roadways to make sure they see bicyclists and motorcyclists. Doing so will prevent motor vehicle accidents, bicycle accidents, motorcycle accidents and save lives.
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Motorcycle Safety Awareness Month Time to Consider Helmets and Safety Gear
Motorcycling is a fun way to pass a sunny afternoon, but one that requires taking some safety precautions. Motorcyclist deaths have been rising in recent years – more than doubling in 2008 from the record low in 1977. The federal government estimates that per mile traveled, the number of deaths on motorcycles in 2007 was 37 times the number of people in cars.
These figures mean it is important to dress to protect yourself in case of motorcycle accidents.
Helmets: Helmets are especially important. They are 37 percent effective in preventing motorcycle deaths and 67 percent effective in preventing brain injuries, according to National Highway Traffic Safety Administration (NHTSA) figures.
Twenty states and Washington D.C. require all riders to wear motorcycle helmets, including Massachusetts and Vermont. New Hampshire has no motorcycle helmet law. Rhode Island, Maine and Connecticut have laws that require younger operators to wear helmets.
If you are looking for a helmet, look for one that meets Department of Transportation (DOT) standards. All adult-sized helmets have been required to meet these standards since 1980. Helmets may be additionally approved by the Snell Memorial Foundation, but this testing standard is voluntary for helmet manufacturers.
There are several types of helmets available on the market, but full-face helmets provide the most protection in case of motorcycle accidents. Other types of helmets include open-face helmets and “shorty” half-helmets. If you choose an open-face helmet, make sure to buy a pair of safety eyeglasses. Shorty half-helmets are generally not recommended because they leave a large area of your face and head exposed in motorcycle accidents.
Lastly, it’s important to make sure you choose the right size helmet. If a motorcycle dealer isn’t ordering your helmet for you, measure the largest part of your head with a tape measure and call the manufacturer. Most helmets are sold in small, medium, large or extra large, so tell the customer service representative your measurement and ask them what size helmet you need.
Clothing: When it comes to jackets and pants, choose the most sturdy materials for the most protection. Leather is considered the best, but denim and corduroy also work. If you worry about overheating, choose pants and vests with zippered vents. And remember, always wear gloves to protect your hands in case of a motorcycle accident or fall on the roadway.
Reflective Clothing: The more visible you are to other drivers, the better your chances are for avoiding a motorcycle accident. Wear brightly colored jackets and pants or reflective material that can be seen at all hours day or night.
Eye Protection: Many motorcyclists choose helmets with an approved shield covering their eyes. Others use separate safety goggles or shatterproof glasses. Make sure your eye protection is clean and unscratched each time before you start riding. If you use a tinted lens for the bright sun, be prepared. Take a clear lens as well in case your ride goes into the night.
Click here for more on state motorcycle helmet laws.
Click here for more information about motorcycle helmets and other safety gear from the Motorcycle Safety Foundation.
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Workers’ Memorial Day in Massachusetts Remembers Workplace Victims
Every year, Massachusetts families and organizations come together to honor the men and women who are killed and injured while on the job. This year, on April 28, the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), the Massachusetts AFL-CIO, and the Greater Boston Labor Council are co-sponsoring Workers’ Memorial Day and are publishing the 2011 report: Dying for Work in Massachusetts: Loss of Life and Limb in Massachusetts Workplaces.
“It is critical that Massachusetts employers improve the safety of their workplaces to protect their workers. The high rate of death and injury on the jobsite is still taking a horrible toll on Massachusetts workers and their families. It is also unfortunate that enforcement continues to suffer budget cuts,” said Boston personal injury lawyer David White.
As stated in this sobering report, its purpose is to “highlight the fact that work continues to kill and maim workers in epidemic and alarming numbers. The saddest aspect to this loss in lives and limbs is that work-related injuries and illness are preventable.”
The report describes in clear detail the tragedy facing Massachusetts workers and their families. In 2010 alone, 47 Massachusetts workers lost their lives while on the job. (Breakstone, White and Gluck has the privilege and honor of representing the family of one of these deceased workers in their claim for his pain and suffering and wrongful death while on the job.)
The top three causes of fatalities among Massachusetts workers in 2010 were transportation (12 deaths: drivers or workers on roads involved in motor vehicle accidents and plane/helicopter crashes), falls (9 deaths: half being construction site accidents), and commercial fishing (4 deaths).
On Workers’ Memorial Day, we honor the fallen by demanding stronger workplace health and safety protections under the Occupational Health & Safety Administration, because it is every person’s right to be safe in their own work environment.
Join us on Thursday April 28, 2011 from 12:15 to 1:15 p.m. outside the Massachusetts State House as we mourn for the dead and fight for the living.
Breakstone, White & Gluck is a proud sponsorof MassCOSH, an organization with a great reputation for protecting workers and improving workplace safety.
Passengers Can Check a Bus Company’s Safety Record
A series of recent tour bus accidents has raised public concern about which motor coach companies can be trusted on the roadways. Each year, 750 million passengers board motor coach buses in the United States for school trips, recreational excursions and commuting to work. The advantage is the low-cost fare, but many passengers are now worrying about safety.
Dangerous Bus Accidents
On March 12, 15 passengers were killed in a bus crash on Interstate 95 in New York. The bus, operated by World Wide Tours, was transporting a group back from a Connecticut casino. The National Transportation Safety Board (NTSB) is still investigating, but says the driver was speeding.
Two survivors have filed personal injury lawsuits against the bus company, claiming negligence. One lawsuit was filed for $20 million in damages, while the other seeks $200 million.
The fatal bus accident was followed by three other bus accidents resulting in serious personal injuries and wrongful death. Just two days later, a tour bus crashed on the New Jersey Turnpike, killing the driver and one passenger. The Federal Motor Carrier Safety Administration is no longer allowing the company involved, Super Luxury Tours, Inc., to operate.
A week later, a bus carrying Korean tourists from Quebec to Boston crashed in New Hampshire, injuring passengers.
A fatal Massachusetts bus accident occurred over the weekend on Rte. 2 in Shirley when two men tumbled out of a bus window. A 31-year-old man died and a second man suffered serious personal injuries. The bus, owned by Colonial Tours of Boston, had been transporting a group back from touring Red Hook Brewery in New Hampshire.
In January, another bus accident in Connecticut killed a 17-year-old student when it crashed into a guardrail on Interstate 84. The bus had been transporting students to a robotics competition.
The NTSB has launched a six-month investigation into the tour bus industry and may then propose legislation. It plans to look at equipment upgrades and driver training. The NTSB said 60 percent of fatal bus crashes over a 12-year period were caused by driver error.
How Passengers Can Protect Themselves
In the meantime, passengers can protect themselves by researching the bus companies they use for travel. You can search a bus company’s safety rating and accident history on an online database operated by the Federal Motor Carrier Safety Administration.
Click here to access the database. Type in the name of the bus company you are researching.
While there is a lot of important data there, you will find two notable charts at the bottom of the page. The first chart tells you how many bus crashes the company has had in the past two years, including injuries and fatalities. The second chart shows you the Carrier Safety Rating, which will be listed as Satisfactory, Conditional or Unsatisfactory.
Finally, another way to check on a bus company is to use the Internet. Go to the website of the local or city newspaper and search their archives. If there was a major bus accident, you can expect the newspaper reported it.
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New Child Safety Seat Recommendations
The National Highway Transportation Safety Administration (NHTSA) and the American Academy of Pediatrics have issued new safety recommendations to protect young children from motor vehicle accidents. They are advising parents to keep children in rear-facing seats until age two, or until they reach the maximum height and weight requirements for the seat.
The previous recommendation from 2002 was also for children to ride in rear-facing car seats until they reached the maximum height and weight requirements – or until the child had reached a minimum of age one and 20 pounds. Using this standard, many parents turned the car seats around when their child reached age one.
The NHTSA and the American Academy of Pediatrics issued the recommendation citing a 2007 study in the journal Injury Prevention, which showed that children under age two traveling in rear-facing seats are 75 percent less likely to die or suffer severe injuries in car accidents.
The two groups made additional recommendations for booster seats, saying children should ride in them until they have reached four feet nine inches tall and are between eight and 12 years old.
The groups also recommend children ride in the backseat until they are 13.
The new recommendations come as motor vehicle accident deaths among children under age 16 have decreased significantly in recent years – 45 percent between 1997 and 2009, according to the American Academy of Pediatrics.
But motor vehicle accidents remain the leading cause of death for children ages four and older. More than 5,000 children, teens and young adults up to age 21 die in motor vehicle accidents each year. For every fatality, 18 children are hospitalized and more than 400 require medical care.
Massachusetts law requires child safety seats to protect children from car accidents. Children must be secured in child safety seats until they turn 7 years old.
Click here for more details about Massachusetts’ Child Passenger Safety Law.
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Supreme Court Ruling in Defective Seat Belt Case Victory for Consumers
In a unanimous 8-0 ruling, the U.S. Supreme Court recently held that the Federal Motor Vehicle Safety Act does not preempt product liabililty claims brought under state common law for defective seat belts.
In 1993, the Federal Motor Vehicle Safety Standard (FMVSS) 208 required lap/shoulder belts in all vehicle seats except certain rear seats in vans. In the regulation, the National Highway Traffic Safety Administration (NHTSA) specified lap/shoulder belts were safer, but requiring them in all seat positions would not be cost-effective. The authorizing statute provided that compliance with the standard did not exempt manufacturers from common law liability.
Thanh Williamson died in a car accident while traveling in a Mazda mini-van that fell under this regulation. She was wearing a lap-only seat belt. Her family sued Mazda, alleging the company had a duty under state law to install the safer lap/shoulder safety belts. The case is Williamson v. Mazda Motor of Am., Inc.
A California trial court dismissed the lawsuit, finding the Federal regulation preempted the claims. An appellate court affirmed, relying on the ruling in Geier v. American Honda Motor Co. In that case, the court determined that the preemption applied in an auto defect claim involving the manufacturer’s failure to install air bags.
In Williamson, the Supreme Court distinguished between the regulations governing air bags and seat belts and said the seat belt regulation explicitly encouraged car manufacturers to install lap/shoulder belts. NHTSA supported the plaintiffs in an amicus brief, arguing that its policy objectives would have been met if the lap/shoulder belts had been installed.
Without a regulatory objective blocking installation of the lap/shoulder seat belts, the Court held that the auto manufacturer could not claim preemption based on the Federal agency’s judgment of cost-effectiveness. Such a judgment does not signify preemptive intent in most Federal safety standards, the Court said.
The Court’s ruling was a victory for consumers in the United States. Having the right to bring claims against manufacturers for defective products is not only a vital way to compensate people injured or killed by the defective products; product liability cases are also a strong force for the improvement of safety in consumer products.
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Preventing Tragedies from Teens Driving While Texting, Distracted
U.S. Transportation Secretary Ray LaHood and Consumer Reports have put attention back on an important safety issue by announcing a partnership to help prevent car accidents by teens driving while distracted and texting while driving.
They released a poll that shows how widespread the problem remains, even after many states have adopted graduated licensing laws that ban teens from texting while driving or using cell phones in any capacity behind the wheel.
Among those polled, 63 percent of people under 30 said they have used a handheld phone while driving. Thirty percent admitted to texting while driving. Only a third said they feel such behavior is very dangerous and could cause motor vehicle accidents or pedestrian accidents.
Those rates were higher than for drivers over 30. Among those respondents, 41 percent admitted to using a cell phone while driving. Nine percent had texted while driving.
A 2009 study by the Virginia Tech Transportation Institute shows the risk for a car accident is 23 times greater when texting while driving. The study was financed by the Federal Motor Carrier Safety Administration.
LaHood and Consumer Reports have released a brochure called “Distracted Driving Shatters Lives,” offering tips for parents, including:
Set a good example and put away your own phone in the car. Some 40 percent of young people ages 12 to 17 say they have witnessed a driver using a cell phone in a way that threatened to cause a motor vehicle accident and result in personal injury.
Talk to your teen. Tell your teen it’s important not to use the phone or text while driving. Show them statistics about car accidents caused by texting while driving.
Establish driving rules and sign a pledge. Let your teenager know what you expect from them while driving. Put not using a cell phone while driving at the top of the list. Tell your teen what the punishment will be if they break the rules and have them sign a written contract to reinforce your message. And remind them they may face other penalties.
Many states, such as Massachusetts, have graduated licensing laws that ban drivers under 18 from using cell phones while driving. Under Massachusetts’ Safe Driver Law, drivers under 18 face a 60-day license suspension if they are caught using a cell phone behind the wheel. They must also pay a $100 fine and take an education class. The penalties increase for subsequent offenses.
To read the “Distracted Driving Shatters Lives,” brochure, click here.
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Driving Safely On The Roads This Winter
Massachusetts commuters struggled through a hard January, as a record four feet of snow slammed the region, making for dangerous drives, difficult walking and weary spirits.
As February moves in, both the snowbanks and frustrations keep growing – making it even more important to plan before heading outside, especially if you commute to work.
The risk for car accidents increases in the snow and approximately 70 percent of all winter deaths related to snow and ice occur in automobiles, according to the Massachusetts Emergency Management Agency.
Here are our some safety tips from the Boston personal injury lawyers at Breakstone, White & Gluck:
- Have a well-stocked Winter Emergency Car Kit. It should include a flashlight with extra batteries, cell phone charger, first-aid kit, windshield scraper and brush, shovel and a brightly colored cloth to use as a flag. Click here for other items to include.
- Consider public transportation.
- If you drive, travel during daylight hours. Consider commuting with a co-worker on the most difficult days.
- Slow down on the road. Many times, hazards such as black ice cannot be seen until it’s too late.
- Be extra cautious driving around bends in the road. The tall snowbanks have narrowed the roadways, leaving less room for both you and other cars, increasing the chance for car accidents on snow and ice.
- Give the snow plows extra room to work.
- Be aware you may have to slow down for pedestrians in areas where sidewalks aren’t shoveled.
- Keep your car’s gas tank at least half-full.
- Make sure your car has good winter tires with adequate tread and pressure.
- If you do have to stop your car on the highway, stay calm. Pull off the road and turn off the hazard lights. Take the brightly colored distress flag from your snow emergency kit and tie it to your radio antenna or window. Call the local police and your local auto club for assistance.
How Pedestrians Can Practice Safety in Winter
Pedestrians need always be concerned with the cars and trucks they travel alongside, but winter is a time to practice extra caution to avoid pedestrian accidents. Bad weather and areas where sidewalks are not shoveled pose new threats to pedestrians during this time of year.
During and after snowstorms, drivers struggle with road conditions and visibility, increasing the risk for car accidents and pedestrian accidents. A driver’s ability to see pedestrians is often impaired by large snow piles and shorter hours of daylight. Pedestrian accidents are more likely in areas where sidewalks are not cleared and pedestrians are forced to walk in the road.
These factors mean pedestrians have to plan their travel carefully and dress appropriately. The Massachusetts pedestrian accident lawyers at Breakstone, White & Gluck offer these tips:
- Limit your walking where snowbanks are high. If you have to walk outside, avoid walking at night or during the snowfall, when there is less visibility.
- If you can, find out in advance whether the area you will walk has cleared sidewalks. This is important on busy traffic routes, back roads and highways. Plan accordingly.
- If you have to walk outside, carry a cell phone in case of emergency. But do not use it while walking in the roadway or crossing the street. To avoid a pedestrian accident, wait until you reach a sidewalk or a safe area in a parking lot. (Some states are considering banning cell phone use while crossing streets. Click here for a New York Times article on the subject). Even if it is not the law, it is good practice!
- Wear lightly or brightly colored clothing. Reflective neon clothing can provide benefits in both daylight and night hours by allowing drivers to see pedestrians sooner and adjust their driving if necessary. Some walkers use flashlights or even flashing lights to warn vehicles.
- If you see a commercial truck with snow on its roof, contact the company to report the driver. Snow on top of a vehicle can slide off and be thrown at other motor vehicles and pedestrians, causing car accidents and significant personal injuries. Look for the name of the company on the vehicle’s exterior or take note of its name. It’s best if you have at least part of the vehicle identification or license plate number. Several states have laws requiring drivers to clear snow from their vehicle’s roof.
- And if you are driving, take time to clear your car as well. This will increase visibility while you are driving, and prevent potential accidents for drivers and pedestrians around you.
Teen Driver Safety Week
Parent-teen contracts are the focus as the National Highway Traffic Safety Administration observes Teen Driver Safety Week Oct. 17-24.
It’s been well documented that teen drivers face more risks on the road than other drivers. Motor vehicle accidents are the leading cause of death for teens. Teen drivers are involved in three times as many fatal crashes each year as all other drivers.
Safety officials are pushing a number of efforts this Teen Driver Safety Week, including parent-teen contracts, stronger junior operator laws, improving use of seat belts and reducing teen access to alcohol.
Parent Teen Contracts
The parent-teen contracts are available from insurance companies, auto club AAA and government offices. They cover areas such as seat belt use, passengers allowed in the car, alcohol and nighttime driving. While the contracts may offer teens an insurance discount, many advocates see them as a way to involve parents. The Center for Disease Control is stressing parent involvement with its “Parents are the Key” education campaign launched this week.
Junior Operator Law
Attention is also on junior operator laws this week. Massachusetts adopted its Junior Operater Law on January 3, 2007. The law banned teens from driving between 12:30 a.m. and 5 a.m., implemented a passenger restriction and instituted harsh penalties for speeding, drag-racing and negligent operation.
The law was strengthened in September 2010, when Massachusetts teen drivers were banned from using cell phones and other mobile electronic devices.
Seat Belts
Seat belts are important for every driver and passenger. But this point needs to be stressed to teens. According to the National Highway Traffic Safety Administration, teen drivers and their passengers are the least likely to wear safety belt – yet the most likely to be involved in a motor vehicle accident.
Reducing Teen Access to Alcohol
The consequences can be deadly when teens mix alcohol with driving. Among 15- to 20-year-old drivers involved in fatal motor vehicle accidents in 2006, 31 percent of the drivers had been drinking and weren’t wearing a seat belt.
For more information on the Massachusetts Junior Operator Law, click here.
For information about Teen Driver Safety Week, click here.
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