Posts Tagged ‘“Boston car accident lawyers”’
Distracted Driving Lessons in Massachusetts
This month, students at four high schools in Massachusetts will sit down at computer simulators and learn what it feels like to text or use a cell phone while driving and then crash.
This is part of Arbella Insurance Foundation’s Distractology 101 program, which will visit Braintree High School, Phillips Academy in Andover, Falmouth High School and Sacred Heart High School in Kingston. Although the young drivers will not actually suffer or cause injury, or feel the remorse of having caused the collision, they will be taught the lesson that distracted driving behaviors, such as cell phone use, using a GPS and even eating and drinking, can result in car accidents and serious injuries. These behaviors should be considered as or more dangerous than speeding or running a red light.
Consider these statistics from the National Highway Traffic Safety Administration (NHTSA):
- 10 percent of all fatal crashes in 2011 were reported as distraction-affected crashes (3,331 people killed).
- Among those who were killed, 12 percent died in a car crash which involved cell phone use.
- Some 17 percent of all injury crashes in 2011 were reported as distracted-affected crashes (or 387,000 people injured).
- Among those who were injured, 5 percent were injured in a car accident which involved cell phone use.
Laws have been implemented to reduce the dangers caused by distracted driving. While no state bans all drivers from all cell phone use, hand-held cell phone use is not permitted in 15 states, including Vermont as of Oct. 1.
Laws related to texting while driving are much more prevalent. Texting while driving is now against the law in 44 states. Washington passed the first ban in 2007. Massachusetts implemented its law four years ago. The law, St. 2010, c. 155, bans texting by drivers, including reading, writing or sending messages. Drivers cannot text while driving or sitting at red lights, intersections or other public ways. This is a primary offense, meaning police can pull drivers over when they suspect the behavior, even without any other cause.
Despite these laws, drivers here and in other states still text and check their social media accounts. Younger drivers under 25 are two to three times more likely to text or e-mail while driving than others, according to the NHTSA. But these violations are not limited to young drivers, as the evidence is that older drivers are also engaging in this prohibited behavior.
Fortunately there is some evidence that these laws are starting to work. Recently The Journal of American Health reported that traffic fatalities had dropped 3 percent in states which have primary enforcement laws like Massachusetts. States that ban younger drivers from texting while driving saw an 11 percent drop. The journal studied national traffic data over 11 years.
States may continue to pass laws to reduce distracted driving, but drivers carry responsibility for putting down the phone and becoming aware of other distracting behaviors, such as eating and drinking, talking to passengers, grooming, reading maps, using a GPS, watching a video or adjusting a radio or music player.
There are some good safety resources out there to help families understand the problem and the attitudes and behaviors that contribute to it. We encourage you to take a look and share them with your colleagues at work and with your family, friends, and children.
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About Breakstone, White & Gluck
The Boston motor vehicle accident lawyers at Breakstone, White & Gluck have over 100 years combined experience representing clients seriously injured in car accidents. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Massachusetts Texting While Driving Ban: 3 Years Today
Drivers may claim they are not texting behind the wheel. But Massachusetts State Police say that at least 440 of them were doing just that in June.
State Police cited these drivers over three weeks in the Merrimack Valley, part of a federally funded enforcement grant involving 12 communities. Another 509 drivers were ticketed for impeded operation, after being caught engaged in distractions such as reading and grooming while driving.
The numbers are notable as today marks three years since the Safe Driving Law took effect in Massachusetts, placing new restrictions on drivers under 18 years old and banning all drivers from texting while driving. Three years later, how well are you complying with the law?
The law bans texting by drivers, including reading, writing or sending messages. This includes text messages, e-mails and messages sent through social media sites such as Facebook and Twitter. Drivers cannot text while driving or sitting at red lights, intersections or on other public ways. Texting while driving is a primary offense, meaning police can pull drivers over when they suspect the behavior.
The law also covers more than cell phones. It bans communicating through any device while you are driving, including tablet computers and laptops.
Fines for Texting While Driving in Massachusetts
Drivers are permitted to talk on cell phones in Massachusetts. But operators under 18 years old are banned from all cell phone use, a measure passed as part of the Safe Driving Law.
One area of confusion with the texting while driving ban has been the use of GPS, especially GPS apps in smartphones. The Registry of Motor Vehicles reported back in 2010 that such use was not a violation of the law, though State Police said they would use discretion with GPS units and could cite drivers for “unsafe operation.”
Across the country, 41 states ban texting while driving. Fines in Massachusetts drivers are $100 for the first offense, $250 for the second and $500 for third and all subsequent acts. When a driver causes serious injury or death as a result of texting, they can also face criminal charges.
One Massachusetts newspaper has called for more. In today’s edition, the Worcester Telegram & Gazette noted that drivers who violate the law do not face any impact on their license or auto insurance rates and called on the Legislature to strengthen laws.
“To create a true deterrent, lawmakers must strengthen the penalties, particularly for second and subsequent offenses,” the Telegram & Gazette wrote.
Maybe the Legislature will review the law. Enforcement will continue. State Police have launched Phase 2 of their “Text with one hand, ticket in the other,” campaign in the Lowell and Merrimack Valley area.
But the discussion goes beyond a $100 ticket to safety and responsibility on the road. Any cell phone use that takes a driver’s attention off the road is negligent and can cause a car accident resulting in serious injuries or death. So we ask again. Have you complied with the law? Are there are additional steps you could take?
If you have any doubts about safety, or the terrible effects three seconds of inattention might bring, please watch this video: “From One Second To The Next,” by Werner Herzog. It is part of AT&T’s It Can Wait campaign.
Related:
Texting While Driving Crackdown Nets 440, Lowell Sun.
Tougher penalties needed, Worcester Telegram & Gazette.
Safe driving law applies to more than just texting behind the wheel, The Boston Globe.
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October Sees the Most Auto Accident Claims from Teen Drivers
Sept. 30 will mark three years since the state of Massachusetts strengthened its laws for teen drivers.
Under the Safe Driving law, which took effect in 2010, teen drivers age 16 ½ to 18 are banned from all cell phone use and there is no texting while driving for operators of any age. The Junior Operator Law, which was passed in 2007, bans teen drivers from carrying passengers under the age of 18, except siblings. They also cannot drive between the hours of 12:30 a.m. and 5:00 a.m., unless accompanied by a parent.
Massachusetts is not alone; most states now have Graduated Licensing Laws restricting teen drivers in some way. In 47 states, novice drivers have passenger restrictions and 48 states limit nighttime driving. Teens are banned from all cell phone use in 37 states.
There is good reason for the laws: For each mile of roadway, teens age 15- to 20-years-old are three times more likely to die in a car accident than other drivers, according to the National Highway Traffic Safety Administration.
Now is a good time to observe how well your teen driver is obeying the laws. Every year, the AAA Foundation for Traffic Safety reports June, July and August see the largest number of teen driving deaths. But one nationwide company, State Farm Insurance, reports October is another dangerous time. It sees the most claims from 16- and 17-year-old drivers in this month, up 15 percent from other times.
Teen drivers get into auto accidents because they lack experience, are sensitive to distractions and do not always follow the rules. A few tips for helping your Massachusetts teen driver:
Say No to Teens Using Their Cell Phones. Many teens are texting while driving, despite the laws. In a 2011 study of 8,500 U.S. high school students age 16 and older, 45 percent admitted to texting or e-mailing while driving in just the past 30 days. The study was conducted by the Centers for Disease Control and Prevention and was published in the June issue of Pediatrics Journal. These teens were more likely not to wear their seat belt.
Encourage your teen to turn their cell phone off or put it in the backseat while driving. Taking a peek at text messages, e-mails or their Facebook page is not allowed. That includes while sitting at traffic lights and intersections where they need to look out for other traffic, as well as pedestrians and cyclists.
Limit Teen Passengers in the Car. Drivers under 18 in Massachusetts are not allowed to carry passengers under the age 21, except siblings. Be vigilant on this point with your teen. Among 16- and 17-year-old drivers, there is a 44 percent higher chance they will be killed in a crash with even one passenger under 21 years old, according to the AAA Foundation for Traffic Safety. The number multiplies with each additional passenger under 21, but decreased over 60 percent for each passenger age 35 or older.
Test Drive School Zones. Let your teen observe from the passenger seat as you drop them off to school and pick them up. You will encounter traffic, bicyclists and children walking, which will be new and potentially stressful for them as a driver (even if they traveled this area during their Driver’s Education practice hours). Point out how you adjust to the activity and decrease your speed.
If you do not drive to school, take this ride outside school hours and then let them drive. The goal is to make them aware of the challenges and make them comfortable in case they have to drive at some point.
Cyclists and Pedestrians. Remind your teen of what they learned in Driver’s Education class. Make sure they stop well behind the crosswalk at intersections and always let pedestrians pass. Remind them that cyclists can travel the full width of the road. Remind them to make sure cyclists are not approaching when they open any doors in the car.
Other Driving Safety Tips. These are the foundation of all driving safety tips, but always worth a reminder for safety’s sake: Talk to your child about always wearing a seat belt, following the speed limits and never using drugs or alcohol while operating.
The most important things are to talk to your children about driving and to set a good example yourself when they are in the car with you. Visit this web page for additional suggestions.
Related:
Teen Driver Safety Week
Study: Teens who text and drive take even more risks, USA Today
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What to Know About Potholes and Car Accidents
In Massachusetts, we are making the long-awaited transition from winter to spring.
For drivers, that means trading in the challenge of navigating snow-packed roads for dodging potholes.
While potholes often start as small pavement cracks, they can expand quickly if left unrepaired. Hitting even a small pothole can cause hundreds or thousands of dollars in damage to your car as well as serious injury if the driver loses control of the vehicle. Accidents often happen when private property owners and government entities fail to quickly repair roads or set up signage alerting drivers to roadway defects. The law requires all persons to maintain roadways, driveways and sidewalks in a reasonably safe manner. But it also allows a reasonable amount of time to discover and repair the defect.
Around Boston, some communities report hundreds of pot hole car accidents and incidents each year. The city of Boston is trying a new approach to hasten repairs by developing a smart phone app called Street Bump which allows drivers to send the city alerts about defective roadways which need to be fixed.
If Your Car is Damaged by a Roadway Defect
If your car is damaged or you are injured because of a roadway defect,
you can expect your auto insurance collision coverage will cover the damage,
but you will be subject to your deductible, which is often $500 or more. You may also be entitled to other compensation depending on where your accident happened.
It is important to consult an attorney promptly if you are injured in order to protect all of your rights. Here are a few points to keep in mind:
Private Property. Commercial property owners invite the public onto their property for business and have a responsibility to maintain their premises,
including parking lots and driveways, in a reasonably safe manner. If the damage or injury is caused by the negligence of the property owner, then the owner’s liability insurance should cover the losses. The same rule applies to a private landowner; there is a duty to maintain driveways, parking areas, and walkways in a reasonably safe manner for all lawful visitors.
Roads and Highways. Under M.G.L. c. 84, Section 15, cities and towns must properly maintain their public ways. If a community fails to do so and had reasonable notice of the defect, a person injured in an accident on a local road may seek up to $5,000. The municipality must have known about the defect or should have learned of the defect in the exercise of due care and diligence. Gregorie v. Lowell, 253 Mass. 119 (1925). Perfection in road maintenance is not required. Zacherer v. Wakefield, 291 Mass. 90 (1935).
The city or town must receive written notice of the defect within 30 days. Proper written notice is an absolute requirement. In addition, there is an iron-clad $5,000 cap on damages. Unfortunately, any negligence on the part of the driver will be a complete bar to recovery; the rule of comparative negligence does not apply.
In Summary
In summary, potholes are a way of life in Massachusetts. If you have the misfortune of suffering a loss due to a pothole on a public way, there is little likelihood of obtaining relief from any public entity.
Toyota Settles One of First Wrongful Death Cases
A month after being assessed a record $17.4 million fine, Toyota Motor Corp. has settled one of the first wrongful death lawsuits involving sudden and unintended acceleration by its vehicles.
The Japanese automaker confirmed last week it had reached an agreement with the family of Paul Van Alfen and his son’s fiancee, Charlene Jones Lloyd, for an undisclosed amount in the November 2010 accident in which they died, USA Today reported. The automaker said it has also settled another case filed under California’s lemon law by a retired Los Angeles police officer.
Van Alfen and Lloyd were killed in 2010 when the Toyota Camry they were traveling in on Interstate 80 in Utah suddenly accelerated. Van Alfen, the driver, attempted to stop the vehicle, but ran through a stop sign and into a wall. His other passengers, his wife and his son, were injured. The Utah Highway Patrol investigated and determined the car accident was the result of a sticking gas pedal.
Other Injury Lawsuits. The settlement comes as a group of lawsuits consolidated in U.S. District Court in Santa Ana, California moves forward. Prior to the consolidation, Toyota had also reached a $10 million settlement in a case involving an auto accident which killed a California police officer and his family.
The officer and his family were killed near San Diego in 2009 when their Lexus accelerated above 120 mph, struck an SUV, rolled off an embankment and burst into flames. The car accident was blamed on a improperly sized floor mat which was trapped in the accelerator.
More Than $1 Billion Settlement. In December 2012, Toyota agreed to a settlement worth more than $1 billion to resolve hundreds of lawsuits claiming economic losses by car owners affected by its recalls. In recent years, the car manufacturer has recalled more than 14 million vehicles due to acceleration problems and brake defects.
$17.4 Million Fine. The National Highway Traffic Safety Administration issued Toyota a $17.4 million fine for safety defects in December 2012, the largest ever imposed. In 2010, the company paid a total of $48.8 in a series of three fines.
Related:
Toyota settles first wrongful death lawsuit, USA Today.
Toyota tackles acceleration lawsuits; questions remain, USA Today.
Toyota reaches $1 billion settlement in acceleration cases, USA Today.
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Child Passenger Safety Week: a Reminder Car Seats are Critical to Protecting Children
If you have children, your car probably has at least one car seat buckled in at all times. But when was the last time you checked its positioning or if your child is using the right model?
A good answer is right now. The National Highway Traffic Safety Administration (NHTSA) is observing Child Passenger Safety Week from Sept. 16 – 22. Sept. 22 is National Seat Check Saturday. Parents can click here and find a full list of sites throughout Massachusetts offering free car seat checks by certified and trained professionals.
The right car seat and positioning is critical because motor vehicle crashes are one of the leading causes of death among children ages 3 to 14. A car accident can come suddenly without warning and a child passenger safety seat is essential to keeping young passengers safe.
Child passenger seats are generally divided into four categories: infant carrier seats, rear-facing seats, forward-facing seats and booster seats.
All 50 states and the District of Columbia require child safety seats and all but two – Florida and South Dakota – require booster seats or similar devices for children who have outgrown safety seats.
The Massachusetts Child Passenger Safety Law requires all children riding in passenger motor vehicles be in a federally-approved child passenger restraint which is properly fastened and secured until they are 8 years old or over 57 inches tall. The number of children increased substantially with the passage of the Booster Seat Bill in 2008.
About Child Passenger Seats
Infant carrier seat. These are for children up to 1 year of age who weigh 20 pounds. The height limit is up to 26 pounds.
Rear-facing convertible seat. These are for children who are 6 months to 1+ year of age, who weigh under 30 pounds.
Forward-facing seat. These are for children over 1 year of age who weigh more than 20 pounds and under 40 pounds.
Booster seat. These are for children age 4 to 8. When students turn 8 and stand taller than 4 feet 9 inches, they can transition to a back seat belt. It is recommended children travel in the backseat wearing a seatbelt up until the age of 13.
Related:
- Enhanced Child Passenger Safety Law, Commonwealth of Massachusetts.
- State Child Passenger Safety Laws, Governors Highway Safety Association.
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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April is Distracted Driving Awareness Month
Text messaging while driving creates a car accident risk 23 times worse than driving while not distracted, according to the U.S. Department of Transportation. This statistic is alarming because while texting behind the wheel is a preventable act, more people than ever are using cell phones while driving, to make calls and text.
Texting while driving is one of the behaviors being highlighted during April’s Distracted Driving Awareness Month: One Text or Call Could Wreck It All. Many states are using the month, sponsored by the DOT, to increase awareness and law enforcement efforts.
In 2010, over 3,000 people were killed in distracted driving crashes. in the U.S. Distracted driving behavior includes texting while driving and cell phone use, but also other activities that take a driver’s attention off the road. This can include: putting on makeup, grooming, talking to others in the car and GPS use. DOT officials ask drivers to consider distracted driving behavior as any behavior that takes your hands off the wheel, your vision off the road or your mind off driving.
But cell phone use gets the most attention. As cell phone users have increased over the years, so have car accidents related to texting while driving and talking on a cell phone. Today, 9 out of 10 Americans own a cell phone and users are getting younger and younger. The National Literary Trust reports 85 percent of children in this country own cell phones, compared to the 73 percent who own books at home.
Some 37 states, including Massachusetts, ban texting while driving. Ten states, D.C., Guam and the Virgin Islands prohibit drivers from using handheld cell phones while driving. No state bans all cell phone use behind the wheel.
Distracted Driving Awareness Month is an opportunity to assess your driving habits. Our Boston car accident lawyers offer a few ways you can reduce distracted driving in the car:
- Do not talk on your cell phone or text message while driving.
- If you are tempted to use your cell phone, keep it in a place you will not answer or check it when stopped at intersections.
- Keep your GPS mounted on the windshield and enter the the address where you are heading before you start your trip. Stop at the side of the road if you need to make adjustments to the GPS.
- If you are using a printed map, familiarize yourself with your route and plan to make stops.
- Keep eating and drinking to a minimum.
- If you are traveling with a child, give them a book to occupy them. If you are traveling with several children, explain how they must behave in the car so you can focus on the road.
- Do not watch videos.
- Do not apply make-up, comb your hair or perform other grooming activities
Related:
- April is Distracted Driving Awareness Month, U.S. Department of Transportation
- The Growth of Mobile Into 2011
- Cell Phone and Texting Laws, Governors Highway Safety Association