Motor Vehicle Accidents
Car Care Month Time to Check Your Car For Safety
October is a month to enjoy the fall foliage and help young children choose their Halloween costumes. But it is also a good time to prepare your car for the harsh winter driving that lies ahead.
The nation’s largest auto club AAA observes October as Car Care Month, giving all drivers reason to check their automobiles for safety. If you are a AAA club member, this means you are eligible for a $1 visual inspection at a local AAA location. On Saturday, Oct. 16, members can visit the Franklin, Rockland or Newton AAA offices for an inspection. On Saturday, Oct. 23, visual inspections will be offered in Saugus. Click here for a $1 coupon.
AAA club members can also prepare for winter with a free car battery test. Click here for those locations.
If you do not belong to an auto club, winter is the time to consider joining one. Another sound practice is to carry a cell phone with you while driving in case you breakdown or have a car accident and have to call the police, an auto club or family member for help.
In a year of car recalls, you may also want to check whether your car has been involved in a safety recall. The manufacturer should have notified you of any recalls. But if you are concerned about a smaller recall that may have slipped your attention, contact your local car dealer or visit www.recalls.gov/.
Our last suggestion is to put together a car safety kit should you ever get stuck on the roadway or in a car accident. Here are some things to include:
- First aid kit
- 12-foot jumper cables
- Four 15-minute roadside flares
- Colored safety vest to wear in case of breakdown
- Extra fuses
- Flashlight and extra batteries
- Tool kit with screwdrivers, pliers and adjustable wrench
- Tire inflator (such as a Fix-A-Flat)
- Tire pressure gauge
- Rags
- Roll of paper towels and duct tape
- Pocketknife
- Ice scraper
- Pen and paper
- Help sign
If you have an accident, remember to record all relevant information, including the name, address, license number of the other driver, the model and registration of any vehicles; and the names, addresses and phone numbers of any witnesses.
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Child Passenger Safety Week Time to Check Your Child’s Car Seat
The National Highway Transportation Safety Administration (NHTSA) hosts Child Passenger Safety Week from Sept. 19 to Sept. 25, providing parents an opportunity to check the traveling accommodations for those they hold most dear: their children.
The NHTSA estimates three out of four parents are not properly restraining their children in the car. But car and booster seats provide your child the greatest amount of protection and are especially important in light of the fact that motor vehicle crashes are responsible for the majority of deaths among children ages four to eight years old. Child safety seats reduce injury rates by 58 percent.
Massachusetts law mandates use of child safety seats. The law, which was expanded in July 2008, now requires parents to restrain children five to seven years of age or up to 4′ 9″ tall. Previously, child safety seats were required for children under 5 years of age and under 40 pounds.
The new law also requires children ages eight to twelve to wear a safety belt.
Drivers who violate this law can be stopped by police and face a $25 fine, but the real price is far greater in respect to your child’s safety.
One problem parents face in securing their children is the proper method changes with age. Click here to learn more.
If you’re a parent, make sure your child’s safety seat is properly installed. On Sept. 25, police stations and other inspection sites across Massachusetts will be participating in National Seat Check Saturday. Visit this website and search for an inspection station near you.
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Keeping Kids Safe from Motor Vehicles in Warm Weather
For young children, summer is about warm weather, splashing around the pool and family daytrips. These activities often involve a motor vehicle and that, combined with a change in routine during which people may drop their guard, may present dangers. The key is for parents to educate themselves about potential motor vehicle accidents, then actively pay attention.
Hyperthermia and Heat Stroke
With many things on their minds, parents can quickly forget a child who is usually in school is in the backseat. Parents need to be extra careful in the summer not to leave children in the car unattended and should also avoid it in the cooler months.
If the outside temperature is 80 degrees, the temperature inside a vehicle can reach the 100 degree mark within minutes. The National Highway Transportation Safety Administration advises that even temperatures in the 60s can rise beyond 100 inside your closed-up car. Children’s bodies overheat much faster than adults and leaving the window open a small amount may not be enough.
Avoid leaving your child in the car unattended by placing your purse or briefcase in the backseat with your child. Also try writing yourself a note and placing it where you will see it when exiting the vehicle. At home, keep your keys out of your child’s reach.
Power Windows
Most new cars are built with power windows, a feature great for convenience but potentially dangerous for children.
Implementing strong rules protects your children. Never allow your children to be alone in your vehicle. Teach children not to play with automobile window switches. For your part, never leave the keys in the ignition when you are not there. Before purchasing, investigate vehicles with safeguards, such as power windows that automatically go down when a child’s arm gets in the way.
Motor Vehicle Backovers
Adults pulling vehicles out of driveways always need to watch for young children. But the need is greatest in the warm weather when children spend more time outdoors.
Parents and drivers must both work to keep children safe. If you are a parent, keep a close eye on your children. Teach them not to play around cars and to move away when a driver enters a vehicle to avoid a motor vehicle accident. Teach children not to leave their toys in the driveway. Drivers can back out of their driveways slowly and ask children to stand on the sidewalk.
Trunk Accidents
Children love to play and that sometimes leads them to the danger of a vehicle trunk. Because this can be deadly, parents must watch youngsters closely and teach children trunks are for cargo, not for playing.
Always lock car doors and trunks and keep keys out of sight. Keep the rear fold-down seats closed or locked to prevent your children from climbing.
Lastly, explain the dangers of playing in the trunk and show young children how to use the “glow in the dark” trunk release in case of emergency. Auto manufacturers have been required to install these releases in new vehicles since September 2001. If you have an older car, ask your local car dealer about retrofitting your vehicle with the release.
For more tips on children and motor vehicle safety, visit the National Highway Traffic Safety Administration website.
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Honda Recalls 384,000 Vehicles for Faulty Ignition Interlocks
Honda has recalled 384,000 vehicles for faulty ignition interlocks that allow drivers to shut off the engine and remove their keys before placing the vehicle into park.
The motor vehicle recall follows at least 28 complaints, 10 of which allege rollaway motor vehicle crashes. In one case, a female owner said she was almost into her house when she noticed her car rolling out of the garage. The car crashed into a cable box at the end of the driveway. In another case, an owner stated the vehicle rolled out of a driveway and crashed into a tree across the street.
One complaint involved a minor injury, Honda said in a statement.
The product recall announced last week involves 197,000 Accords and 117,000 Civics from 2003 and 69,000 Honda Elements from 2003-2004.
Honda has recalled vehicles for similar problems in 2003 and 2005. In those cases, the recalls involved Accords, Odysseys, Acuras and Preludes.
If your vehicle is involved in the Honda recall, you can visit the company’s recall website at www.recalls.honda.com or call its recall center at 800-999-1009, option 4. By calling the recall center, you can determine if your vehicle is actually impacted by the recall. Due to a production change during the model years, Honda said some of the vehicles may not have the ignition problem.
Honda expects to mail recall notices in late September and start the process of repairing vehicles. Motor vehicle repairs will be free.
Until then, concerned drivers may contact their local dealer, but Honda said they have not received replacement parts yet.
To read a Christian Science Monitor article about the recall, click here.
To read the National Highway Transportation Safety Administration alert on the recall, click here.
To read Honda’s statement on the recall, click here.
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Massachusetts Social Host Law Holds Property Owners Accountable for Underage Drinking
The Massachusetts social host law was back in the media this weekend when a mother and son were arrested following a large underage drinking party at their Cohasset home.
Police found 30 people at the Deep Run Road gathering. The mother was charged with furnishing alcohol to minors under the social host law, keeping a disorderly house and disturbing the peace. Her 18-year-old son was charged with furnishing alcohol to minors and being a minor in possession of alcohol.
The Massachusetts social host law was passed in 2000 after the 1996 death of a Marshfield teen. The teen had been drinking at a Cohasset graduation party and left with a blood alcohol limit of .19, crashing his car.
In that case, the homeowner was at the party but acquitted of providing alcohol to a minor. This was in part because underage guests helped themselves to unsupervised alcohol and were not offered drinks.
The social host law now holds Massachusetts homeowners and their teenagers more accountable. It is against the law to serve minors alcohol and allow them to consume it on any premises you control. The penalty is a fine up to $2,000, imprisonment for a year or both.
A person charged under the law can expect to face a civil lawsuit as well. If an underage guest leaves a party and causes a motor vehicle accident involving personal injury or death, both the underage guest and the party host may be liable.
When two or more parties are found civilly liable, any one of them may be required to pay the full judgment if the other party or parties cannot afford to pay.
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Toyota Recalls Lexus Models: What to Do if You’re a Lexus Owner
Toyota recalled 270,000 Lexus and Crown vehicles sold around the world this week due to possible contamination during valve spring manufacturing. The company has now recalled more than 8.5 million vehicles for sticking gas pedals, anti-lock brake software glitches and a host of other safety problems.
Massachusetts Lexus owners impacted by the motor vehicle recall will receive official notice from Toyota by first-class mail. Owners will be asked to contact their local Lexus dealer to have the engine’s valve spring replaced at no charge.
Toyota said a foreign substance involved in manufacturing may have contaminated a small number of the valves. If a vehicle is defective, drivers may notice idling or abnormal engine noise. The engine could also stop while the vehicle is in operation.
Of the 270,000 recalled vehicles, 138,000 were sold in the United States, 91,903 in Japan, 15,000 in Europe, 10,000 in the Middle East, 6,000 in China and 4,000 in Canada.
The vehicles were sold between July 2005 and August 2008. They include Lexus models GS350, GS450h, GS460, IS350, LS460, LS600h, LS600hl and Crown models.
This Lexus recall comes just days after Toyota recalled another Lexus model – the Lexus HS250h – because it spilled too much gasoline during crash tests. The tests were part of yearly safety reviews by the National Highway Traffic Safety Administration (NHTSA).
In May, Toyota paid a record $16.4 million fine in the United States for responding too slowly when motor vehicle safety problems emerged. The fine was the largest civil penalty ever assessed against an auto maker by the NHTSA.
The NHTSA has linked 89 motor vehicle deaths and 57 injuries over the last decade to Toyota accelerator problems. Overall, it has received more than 6,200 complaints involving unintended acceleration in Toyota’s cars.
Toyota faces more than 200 lawsuits in the United States. The cases involve defective automobiles, lower resale value of Toyota vehicles and stock price declines. The lawsuits, including 130 class-action lawsuits, are being heard in Southern California, near Toyota’s Torrance headquarters.
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Massachusetts Bars Must Now Carry Liquor Liability Insurance
It’s always a tragedy when someone leaves a bar after a night of drinking, steps in his or her car, and causes a motor vehicle accident resulting in personal injury.
For years, that tragedy was compounded by Massachusetts law, which let bars and restaurants operate without liquor liability insurance. Like other businesses, Massachusetts restaurants and bars have traditionally carried general commercial liability insurance covering on-site problems, including slip and falls and other injuries. But this insurance offers no assistance to drunk driving accident victims.
In late May, Massachusetts lawmakers corrected this and passed a law requiring restaurant and bar owners to carry liquor liability insurance. Establishments must carry a minimum of $250,000 per person/$500,000 per accident coverage. In other words, policies must provide a minimum $250,000 for bodily injury or death of one person and a total of $500,000 per incident involving bodily injury or death.
Innocent victims of drunk driving accidents still face the traditional hurdles in proving their cases against bars. One hurdle is strong juror bias. Juries do not hesitate to hold the drunk driver responsible. But juries are often reluctant to blame a drinking establishment for over-serving a patron, even though the law is perfectly clear that a bar has a legal duty to not serve someone who is intoxicated.
Restaurants and bars seek to avoid liability for over-serving patrons, and they typically claim they did not recognize that the patron was intoxicated. The recent Massachusetts Appeals Court case of Rivera v. Club Caravan, Inc., 77 Mass. App. Ct. 17 (2010), reviewed the legal standards for “dram shop cases.” Generally the plaintiff must prove the patron showed outward signs of intoxication by the time he or she was served her last drink. However, circumstantial proof can also be sufficient. If the patron had consumed excessive quantities of alcohol, a jury can draw an inference that he would have been visibly intoxicated. So, where a patron is served fourteen drinks in two hours, as in the Rivera case, or was served six or more white Russians, as in another Massachusetts case, the circustantial evidence is strong enough.
Personal injury attorney Ronald Gluck called the new law “a step forward” for the safety of Massachusetts residents. “Restaurants and bars will want to have strong policies in place–and to follow them–not just to avoid liability but also to avoid large increases in their insurance premiums. The new liquor insurance law should help reduce drunk driving accidents in Massachusetts.”
Click here for the full text of the law.
Massachusetts Law Will Ban Text Messaging While Driving
Welcome news today as the Massachusetts Legislature has finally agreed on a new law that will make it illegal to text while driving. Once the bill is signed by the Governor, Massachusetts will be in line with twenty-eight other states that have already outlawed text messaging while driving.
This law comes in the wake of several tragic text message-based accidents. In May 2009, 62 people suffered personal injury after a Massachusetts Bay Transportation Authority trolley collided with another trolley because the driver was texting his girlfriend. In September 2008, a California commuter train engineer missed a stop signal while trading texts with a friend, leading to a train accident resulting in the wrongful death of 25 people. In addition, there have been several high profile motor vehicle wrongful death cases in recent memory which were caused by inattentive drivers who were texting as they drove.
The law has several other public safety improvements. The new law will require that older drivers renew their licenses in person and take an eye exam every five years beginning at age 75. Older drivers were involved in several serious car accidents in 2009 in Massachusetts. Further, the law will forbid anyone under the age of 18 from using a cell phone while driving.
Boston personal injury attorney David White said of the new law, “Distracted driving is a serious safety problem. The use of cell phones and text messaging are two of the biggest distractions for drivers. These new provisions will vastly increase the safety of Massachusetts roadways.”
A recent study found that texting while driving makes a person twenty times more likely to get into a car crash or near-crash. The problem is most severe for inexperienced drivers. It is hoped that this new law will raise awareness to this growing epidemic of serious personal injuries caused by careless texting motorists.
If You Have Been Injured By a Careless Driver
Breakstone, White & Gluck has successfully represented hundreds of victims of careless and inattentive motorists, including bicycle accident victims, truck and train accident victims and car accident victims. Our firm remains committed to all efforts by the legislature and law enforcement agencies to raise awareness to the serious risk of injury caused by careless motorists. If we can help you or a family member with your claim for serious injuries, we would welcome the opportunity to evaluate and handle your claim. Contact us toll-free for a free consultation. 800-379-1244.
Motorcycle Safety Awareness Month Time for All Road Users to Think Safety
As Motorcycle Safety Awareness Month draws to a close, we ask both motorcyclists and automobile drivers to take a moment to think safety this summer.
Motorcycling continues to grow in popularity in Massachusetts and around the country, and so do fatal crashes between cars and motorcycles.
The National Highway Traffic Safety Administration (NHTSA) reports in 2008, motorcyclist fatalities increased for the 11th consecutive year. Some 5,290 motorcyclists lost their lives in fatal highway crashes. Almost 50 percent of all motorcyclists involved in fatal crashes collided with other motor vehicles. Over 90 percent of all fatal two-vehicle crashes involving a motorcycle and a passenger vehicle occurred on non-interstate roadways. About half of all fatal crashes between a motorcycle and a passenger vehicle occurred at intersections. Often the driver of the car or truck involved in the accident simply failed to observe the motorcyclist.
Here are some motorcycle safety tips:
- Wear a helmet. NHTSA statistics show you have a 29 percent better chance of surviving a crash than without a helmet.
- If you’re concerned helmets interfere with your ability to see and hear on the road, read this NHTSA study. It found helmets caused no substantial impact: drivers wearing helmets had to turn their necks only slightly farther at times and there was no significant difference in hearing.
- Remember to turn off your flash signal if it’s not self-canceling.
- Make sure you’re experienced enough to ride with a passenger. It changes the way the bike handles and requires more skill.
- Take turns slower than you think is necessary.
Here’s a few tips for passenger vehicle and truck drivers:
- Never drive while distracted.
- Remember a motorcycle has the same rights as any other vehicle on the road.
- Do not attempt to share a lane with a motorcyclists. Allow the motorcyclist a full lane width to maneuver safely to avoid motorcycle crashes.
- Remember to use your signals to change lanes or merge with traffic. Motorcyclists depend on those signals even more than other drivers.
- Check your vehicle’s blind spot! Motorcyclists are even easier to miss due to their small size.
- Don’t rely on a motorcycle’s flashing turn signal. They may not be self-canceling and riders sometimes forget to turn them off or can’t do so immediately due to road conditions. Wait to make sure the motorcyclist is really going to turn to avoid motorcycle collisions.
- Remember motorcyclists often change speed or adjust position within a lane suddenly in response to road and traffic conditions. Allow the motorcyclist extra room – at least three or four seconds.
Mass Commuter Challenge and Bay State Bike Week Remind Us to Pay Attention on Roads
Commuters across the state have been pedaling their way to work, the grocery store and other destinations all week as part of Bay State Bike Week and the Mass Commuter Challenge.
Commuters pledged to step out of their cars from May 17-21 and pedal 175,000 miles to workplaces from Worcester to Boston to Plymouth and across the rest of Massachusetts.
The challenge was organized to promote a healthy, non-polluting and sustainable means of transportation. Breakstone, White & Gluck supports this mission but hopes the Mass Commuter Challenge also highlights another important point: that as more bicycles take to the road, drivers and bicyclists must be more aware of each other for safety’s sake.
There are far too many bicycle accidents taking place on the roads today. In 2008, 716 bicyclists were killed across the country and an additional 52,000 were injured in traffic crashes, according to the National Highway Traffic Safety Administration. The NHTSA numbers show that 69 percent of bicycle accidents occured in urban areas and 28 percent of accidents occured between the hours of 5 p.m. and 9 p.m. The majority of the accidents occured in June (9 percent) and September (12 percent).
What Drivers Can Do to Improve Safety
The laws have changed significantly in the last year. Drivers have many more responsibilities to avoid injuring bicyclists. The first step is to be aware that you need to check twice for a cyclist. When overtaking cyclists, you cannot turn right unless there is adequate room, and you must yield to on-coming cyclists when turning left. When passing, you must do so at a safe distance. And remember to pay attention even after you turn off your motor vehicle’s engine. Under Massachusetts bike safety laws, motorists and their passengers can be fined up to $100 for opening car and truck doors in the path of a bicyclist.
A final tip: Put down that cell phone and concentrate on the road!
What Bicyclists Can Do to Improve Safety
Bicyclists can remember that bright colored reflective clothing and helmets save lives. Massachusetts only requires individuals age 1 to 16 to wear helmets, but we advise adults to wear them as well to avoid head injuries. Cyclists must obey the same rules as automobiles when on pubic ways. One of the biggest causes of accidents to cyclists: traveling the wrong way on a one-way street.
For more information about events in Boston and the Springfield area, visit www.masscommuterchallenge.org or www.massbike.org.
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