Motor Vehicle Accidents
Massachusetts Court Says Limo Service May Be Liable For Drunk Driving Accident Caused by Passenger
The Massachusetts courts have continued to expand the liability of individuals and companies which contribute to drunk driving accidents. On November 26, 2008, the Massachusetts Supreme Judicial court ruled that limousine driver have a responsibility to prevent their passengers from drinking and driving, and to prevent drunk driving accidents.
In the accident leading to the case, one man was killed and several others were injured in a car accident caused by the drunk driver. The driver, along with several other men, had been drinking at a bachelor party on the night of the crash. The men, expecting to become intoxicated during the party, had hired a limousine service to provide safe transportation. The limo driver picked the men up at a bar in South Boston, where they had been drinking, and drove them to a strip club in Rhode Island, stopping along the way to purchase even more alcohol. The limo driver allowed the men to drink in the limo on the return trip. The limo driver knew the passengers were drunk.
At 2:10 A.M., the limo driver dropped at least one man off at his car near the South Boston bar. The bar was closed. The MBTA was closed. It was plainly foreseeable that the drunk limo passenger would attempt to drive home.
The victims of the drunk driving crash sued the limo service for wrongful death and personal injuries, arguing that its driver knew, or should have known, that his passenger was drunk, was going to drive home, and would likely injure or kill someone. The trial court threw the case out, saying the limo driver had no responsibility. But the Massachusetts Supreme Judicial Court found that the limo driver had the duty or responsibility to use reasonable care to avoid discharging its passenger “who they knew, or should have know, was intoxicated” and likely to drink and drive.
The SJC stated, “[a] private carrier, engaged in the business of transporting persons consuming alcohol, is in a primary position to use care to avoid leaving an intoxicated passenger at a location where it is likely the passenger will drive.” The case will now go to trial.
This case is important because it defines responsibility on private carriers, such as limo drivers, to make sure passengers who have been drinking do not drive home drunk after they are dropped off. Private carriers are required to exercise “reasonable care” to ensure that its passengers are not going to drive home drunk at the end of the night.
In addition to limo drivers and private carries, bars and restaurants also have a legal duty to prevent people from drinking and driving. Bars are prohibited from serving customers who are visibly intoxicated. If a bar serves someone who is visibly intoxicated, and that person drives home and causes a car crash, the bar is legally responsible for injuries caused by the drunk driver. This is known as “dram shop” liability.
Boston Jury Finds MBTA Liable in $3.98 Million Verdict for Injured Pedestrian
A Suffolk Superior Court jury today awarded $3.98 million to a South End woman who was run over by an MBTA bus on September 13, 2005. The verdict, with interest, will result in a judgment over $5.4 million for Rita Traybman, who lost her right leg when it was crushed by the bus. She was run over while crossing the street in a crosswalk.
The verdict is believed to be one of the largest ever in Massachusetts for an injury of this kind.
Ms. Traybman’s lawyer, Boston attorney Marc L. Breakstone, who has handled several bus accident and train accident cases against the MBTA, said, “This verdict will help Ms. Traybman cope with the terrible injuries she sustained. She will be able to obtain appropriate housing and medical care for her life-long disability.” Mr. Breakstone is a member of the personal injury law firm Breakstone, White & Gluck, PC, in Boston, MA.
The incident occurred when Ms. Traybman was struck from behind in the crosswalk at the corner of Washington Street and East Newton Street in Boston. The 58-year-old woman was crossing the street with the “Walk” signal when she was struck.
Mr. Breakstone explained, “Ms. Traybman suffered the loss of her right leg and she continues to suffer daily from extreme pain known as phantom limb pain. Her disabilities make her dependent on others for much of her basic care.”
Plaintiff presented evidence at trial that the bus driver failed to check for pedestrians in the crosswalk, and that he made an improper turn in violation of MBTA guidelines. The jury found that the bus driver was 100% at fault for the injuries sustained by the plaintiff.
Plaintiff also presented evidence that she would need continuing care to make her apartment more wheelchair accessible, and to provide for the care she needs around the clock. Ms. Traybman suffers not only from the phantom limb pain, but from pain in her shoulders and elbows which further impair her mobility.
Prior to trial the MBTA made no offer of settlement, despite the fact that its driver admitted the accident was his fault; despite the fact that the MBTA police and internal investigations also confirmed the accident was the driver’s fault; and despite the severe injuries sustained by the plaintiff. Instead, the MBTA forced the case to trial.
Ms. Traybman immigrated to the United States from Ukraine and lived independently prior to the accident.
Mr. Breakstone had previously thanked the Suffolk County jury, which heard nine days of testimony and deliberated for two days.
Listen to the WBZ 1030 podcast interview with Marc Breakstone.
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The law firm of Breakstone, White & Gluck, PC, specializes in the representation of injured persons, including pedestrians who have suffered personal injuries.
Distracted Car and Truck Drivers Frequent Cause of Injuries
After the September fatal Metrolink
train crash in Los Angeles, California, which was clearly linked to text messaging by
the engineer, a new focus is being brought on the many distractions which are
causing increasing numbers of car and truck accidents.
Driver distractions have always
included adjustments 
to
the radio and temperature controls, other occupants in
the car or truck, eating, roadside distractions, and for some, putting on
make-up and reading the morning paper. The proliferation of new devices, such as
GPS units, DVD players, iPods, cell phones, mobile e-mail, and text messaging,
have only compounded the likelihood of an accident being caused by a
distraction.
iPods mounted for the vehicle’s
sound system are very likely to distract a driver. Recent studies have shown
that almost every driver with an iPod took his or her eyes off the road for two
seconds or more. Two seconds is the “magic number” because the probability of an
accident goes up by factor of three after that time. (These tests were run on a
simulator.)
The results of the study were even
more dramatic for young drivers, ages 16-18, who were much more likely to keep
their eyes off the road for a distraction, such an iPod or changing a CD.
The Metrolink train crash, which
killed 25 people and injured 140 others, starkly illustrated the potential
dangers of text messaging. The engineer failed to stop at a red track signal,
and then struck a freight train head-on.
So far, Washington, Alaska, the
District of Columbia, Louisiana, Minnesota, New Jersey and California have
banned text messaging while driving. Massachusetts is considering a similar ban,
but no action was taken in the 2008 legislative session. A similar bill is
expected to be brought to the legislature in 2008.
Investigation of driver
distraction is a standard part of the investigation of
car accident and truck
accident cases. Evidence of driver distraction, which can be from cell
phones, entertainment equipment, GPS units, or other distractions, is important
evidence in cases of
personal injuries or wrongful death.
At the personal injury law firm of
Breakstone, White & Gluck, P.C., we are aggressive in the investigation of
facts, such as driver distractions, which may have caused the accident. We have
experience retrieving relevant cell phone records and other accident data which
can help prove liability in our clients’ cases.
Resources:
“Study
points to hazards of driver iPods,” Boston Globe.
“NTSB
team sorting out what happened in Metrolink crash,” Los Angeles Times.
“Schwarzenegger:
Hasta La Vista To Texting While Driving,” Information Week.
“State
leads ban on texting while driving,” Seattle Post Intelligencer
MBTA D-Line Trolley Cars Collide in Newton, MA; Several Injuries and One Death Reported
UPDATE: Breakstone, White & Gluck will be representing the most seriously injured passenger from this accident. Please check our news page for more information on the suit filed for this MBTA accident case.
ORIGINAL BLOG: A serious crash involving two MBTA D Line trolleys on May 28th has left the
operator of the second train dead, and dozens of passengers injured and hospitalized. The accident happened as the commuter trains were approaching the Woodland Station in Newton. The first two-car trolley was stopped at a red signal when it was rear-ended by the second two-car train.
Both Green Line trains were packed with evening rush-hour commuters, heading home at about 6:00 PM. Passengers were thrown to the floor. Several were treated on a nearby golf course; several were taken by ambulance to area hospitals with serious injuries; one was taken by MedFlight to the trauma center at Boston Medical Center. Many other passengers found their way to hospitals on their own.
Both of the smashed MBTA trains were derailed by the impact. Reports indicate that some passengers were thrown as much as 20 feet inside the cars.
Read More
Crash Statistics Show No Improvement in Massachusetts Highway Death Rates, Little Improvement in Drunk Driving Death Rate
There are about 6.5 million residents of Massachusetts, and about 4.6 million drivers. The number of miles driven each year for the last three years has been in the range of roughly 55 million miles per year. And despite efforts to improve vehicle safety, enforce traffic laws, and improve highway design, death rates have dropped only slightly, primarily as a result of fewer pedestrian accidents.
Here is a summary of some of the statistics. The statistics for 2007 are not yet available.
|
Fatal Accidents in |
|||
| Victim | 2004 | 2005 | 2006 |
| Driver | 234 | 232 | 233 |
| Passenger | 88 | 70 | 76 |
| Motorcyclist | 58 | 54 | 49 |
| Pedestrian | 82 | 79 | 61 |
| Bicyclist | 11 | 5 | 6 |
| Other/Unknown | 3 | 1 | 4 |
| Total | 476 | 441 | 429 |
Statistics for the same period are not completely available concerning disabling injuries. However, for 2004 and 2005 the Executive Office of Public Safety and Security reports over 5,000 people suffered incapacitating injuries from some sort of motor vehicle crash. In the same two years, 138,465 and 158,802 motor vehicle crashes were reported.
Drunk driving continues to play a major role in fatal car accidents, though the last three years have seen a slight drop in the role of alcohol in fatal accidents.
| Year | Fatalities | ||||
| Total | Alcohol Related |
% | 0.08 | % | |
| 2004 | 476 | 203 | 43 | 181 | 38 |
| 2005 | 442 | 171 | 39 | 150 | 34 |
| 2006 | 422 | 159 | 38 | 137 | 32 |
These data include not just deaths to the drunk drivers, but to passengers, other motorists, pedestrians and bicyclists. It also includes deaths related to alcohol consumed by pedestrians and bicyclists.
In addition to the wrongful deaths of so many individuals caused by drunk drivers, there are also thousands of personal injuries caused by drunk driving accidents.
If you or a loved one has suffered personal injury or if a loved one has suffered wrongful death as a result of a drunk driving accident or other motor vehicle accident, please contact the lawyers at Breakstone, White & Gluck today for a free consultation. Our toll free number is 800-379-1244. Learn more about Hiring an Attorney for a Car Accident Case.
More Information:
Massachusetts Drunk Driving Statistics Center for Disease Control and Prevention Injury Center-Impaired Driving
Several Recent Truck Accidents in Massachusetts
A series of tractor-trailer accidents in Massachusetts reminds us of just how serious truck accidents can be. The latest, on March 20th, caused injuries to the driver himself and another motorist. For thousands of others it was traffic-snarling nightmare, when the tractor-trailer carrying paint flipped on the Mass Turnpike during the morning commute. Rush hour traffic was backed up for ten miles.
Other recent crashes have been much more serious. On March 17th, a college student was killed when he was struck while crossing the street in a crosswalk in Cambridge after he was hit by a tractor-trailer. News reports indicate that the truck was operated by Shaws supermarkets. In Massachusetts, under G.L. c.89, Sec. 11, pedestrians have the right of way when crossing in a crosswalk.
The most spectacular crash, thankfully one that only caused property damage and not injury, occurred in Everett in the early morning hours of December 6, 2007, when a loaded fuel tanker rolled over in a rotary. The contents spilled and ignited, then flowed down the street setting cars and homes on fires. Dozens of cars were destroyed, along with several buildings. Thirteen families were left homeless, and a hundred elderly residents were evacuated from their homes. The area “looked like a war zone.”
Defensive driving techniques are one way you can help avoid injury to yourself. A common winter hazard is the collection of ice and snow on the top trucks traveling on the highways. These accumulations can become missiles when they lift off at high speeds, easily crashing through windshields causing serious physical injuries and head injuries. Report any such violations to the police. Watch out for loads that might shift or which are loose, and do not follow loaded trucks closely. Remember, trucks have large turning and long stopping distances, and can weigh over fifty tons.
For more information, visit the Federal Motor Carrier Safety Administration safety website.
If you need a lawyer to handle your truck accident case, please contact us toll free at 1-800-379-1244, or use the contact form on this page. For more information on choosing a truck accident attorney, visit our page on Hiring a Lawyer for Personal Injuries Caused by Trucking Accidents.