Posts Tagged ‘“car accident”’
Teen Driver Safety Week Time to Talk About Safe Driving
National Teen Driver Safety Week, which takes place from October 14 – October 20, is a good time for parents and teenagers to talk about driving safety.
Traffic crashes are the leading cause of death for teenagers in the United States. Common causes are inexperience, failure to wear a seat belt, drinking and driving, speeding and distracted driving.
Even if you have already had a conversation in the past, we encourage parents to speak to their teens about preventing car accidents and include these points:
Understand the law.The Massachusetts Junior Operator Law places restrictions on drivers from traveling with passengers under 18 during their first six months of holding a license. The lone exception is for siblings. Junior operators are also forbidden from driving between the hours of 12:30 a.m. and 5:00 a.m.
Wear a seat belt. This reminder is always important. Teenage drivers and their passengers have some of the lowest rates of seat belt use, according to the National Highway Traffic Safety Administration (NHTSA).
No talking or texting on the cell phone. Texting while driving is illegal for any person driving in Massachusetts, and using a cell phone while driving is against the law in Massachusetts for drivers under 18. Teens face steep penalties for violations of either law. For first offenses, they face a 60-day license suspension and other sanctions. Suggest your teen put their cell phone out of sight or in the back seat when driving.
Limit food and beverage consumption. Eating while driving is very distracting. Ask your teen not to eat and to limit beverage consumption while driving. Suggest they eat before leaving home or at another safe place.
Limit driving with other teens. Conversation can be distracting for any driver, especially teens who may be excited about enjoying freedom of the road without an adult.
Avoid loud music. Music of any volume can be a distraction while driving, but loud music and adjusting the radio controls can be especially hazardous for teenage drivers.
No grooming. Remind teens they cannot focus on the road while grooming.
No speeding. Remind teen drivers to watch the speed limit, especially in school zones where they may encounter young children.
You can also:
Drive with your teen. Sit in the passenger seat with your teenager on a regular basis and observe how they handle basic driving tasks, such as stop lights, passing other cars, keeping a safe distance on the highway, and changing lanes. By not using or even checking your cell phone, you can set a good example for your teen. Also refrain from heavy conversation. Finally, unless safety is at stake, hold your suggestions until a few hours later, when you are out of the vehicle and they won’t tense up or get anxious behind the wheel.
Additional Resources
Massachusetts Junior Operator License Requirements
Tips on the Massachusetts Junior Operator Law for Parents
Read More
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.
Massachusetts Social Host Ruling Limits Responsibility
Teenagers who host underage drinking parties but do not supply alcohol cannot be held liable in Massachusetts for injuries suffered by their guests, the state’s highest court has ruled. The ruling continues to limit liability to social hosts who either serve alcohol or exercise effective control over the supply of alcohol.
The Supreme Judicial Court also released parents or property owners from any liability if they did not know about the drinking or did not provide alcohol.
The case was brought by the family of Rachel Juliano and her parents against Christopher Dunbar and Peter Simpson, then later also his daughter Jessica Simpson. In 2007, Juliano, then 16, and Dunbar, then 19, went to a party at Jessica Simpson’s Wrentham home. The two had brought their own alcohol and consumed it at the gathering. Simpson, then 19, was home alone, and her father was away and unaware of the party.
After a few hours, Dunbar left in his car with Juliano and had a car accident, leaving her with brain damage. Prior to leaving the party, the two had been arguing. Jessica Simpson intervened and proposed she drive the two home.
In its decision, the Supreme Judicial Court said it was “asked to enlarge the scope of social host liability under our common law by extending a duty of care to an underage host who does not supply alcohol to underage guests, but provides a location where they are permitted to consume it. … [W]e decline to do so, and reaffirm that liability attaches only where a social host either serves alcohol or exercises effective control over the supply of alcohol.”
There were two concurring opinions. Three of the justices agreed with the result, but did not agree with the reasoning of the majority in the case. This case has now been remanded to the Superior Court for further proceedings.
Although the Supreme Judicial Court has the authority to define the common law, and to determine the extent of legal duty that one person has to another, the court declined to expand that duty in this case. The Court has been active in recent years. For example, in 2010, the Court changed the common law in snow and ice cases, abrogating the old Massachusetts law that recognized distinctions between natural and unnatural accumulations. Papadopoulos v. Target Corporation, SJC-10529 (July 26, 2010).
The Court also expanded the duty of limousine services which transport customers from party to party where heavy alcohol use is evident; the Court defined a duty to ensure that the drunken passenger had safe passage from the point of pick-up to drop-off at the end of the night. Commerce Insurance Co. v. Ultimate Livery Service, Inc., SJC-10149 (November 26, 2008).
Unfortunately, the Court’s opinion in the Juliano case means that the court will likely not re-examine other areas which are ripe for consideration, such as cases where adults knowingly permit underage drinking, and cases where bars knowingly serve large quantities of alcohol to patrons who by objective measure would be intoxicated, but who did not appear drunk. (For example, a patron may not show signs of intoxication after four or five mixed drinks, but would certainly exceed the state OUI limit of .08.)
Underage drinking and driving under the influence remain serious problems in Massachusetts. There is no pressure from the Supreme Judicial Court to treat these ills. Instead, the Court has left these problems for the legislature to address. Given the fact that the legislature has declined to take any needed action for many years, we can expect injuries and deaths caused by drunken driving to continue unabated.
Click here to read Juliano v. Simpson, (SJC-10843, February 21, 2012).
Click here to read about the Massachusetts social host liability law.
Read More
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.
Read More
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.
Massachusetts Appeals Court Affirms Broad Evidentiary Rules for Admissibility of Medical Reports
The Massachusetts Appeals Court has affirmed the broad admissibility of certified medical reports under M.G.L. c. 233, § 79G. The case, O’Malley v. Soske, Appeals Court No. 09-P-315, (March 31, 2010), is an important reminder of the intent of the legislature when the statute was amended in 1988. In short, in any proceeding commenced in any court, commission or agency, the judge should admit properly certified medical reports.
The plaintiff was injured in a car accident in Boston. She claimed that she suffered neck and back injuries, and required surgery. The defendant contested the nature of the injuries.
The court upheld the admission into evidence of the report of Dr. Lupien, an orthopedic surgeon, who is usually identified as a defense expert, who had examined the plaintiff for the defendant. His opinion was that the accident had not caused serious trauma. The plaintiff lost at trial on the issue of medical causation and her lawyer appealed. The Appeals Court affirmed the judgment.
For a complete analysis of this case, please see the Practice Alert on our website.
Huge Toyota Recall Affects Thousands of Massachusetts Drivers–Defective Gas Pedals May Cause Runaway Acceleration
Toyota has issued another recall affecting millions of its popular vehicles due to acceleration problems caused by sticking gas pedals which are known to have caused serious personal injury and several deaths. In addition, Toyota has halted sales and will halt production of several product lines until it designs a fix for the product defect. This recall seriously affects Toyota’s reputation for safety and reliability. It also affects tens of thousands of Massachusetts drivers who own the defective Toyotas. It also affects others on the highway who may be struck by a runaway vehicle.
Toyota announced the voluntary recall last Thursday, which includes about 2.3 million vehicles, “to correct sticking accelerator pedals on specific Toyota Division models.” The sticking pedals may fail to return, or return slowly, to the idle position, causing the cars to accelerate or maintain a high speed unexpectedly.
The recall comes after a recall on floor mats in September 2009 affecting 3.8 million vehicles. That recall was found to be insufficient to solve the accelerator problems. Investigators realized the product defect included more than just the floor mats after a family of four suffered wrongful deaths when their Avalon crashed into a lake. The floor mats were discovered in the trunk of that car.
In November 2009, the National Highway Traffic Safety Administration (NHTSA) called the removal of the offending floor mats an interim measure only, and said, “This remedy does not correct the underlying defect in the vehicles involving the potential for entrapment of the accelerator by floor mats, which is related to accelerator and floor pan design.”
Unfortunately, Toyota has not yet proposed a plan to fix its millions of defective vehicles.
Massachusetts consumers who experience gas pedal problems are advised to apply firm pressure to the brake, and to pull off the road as soon as that can be done safely. The car should not be driven. In an emergency, the car can be put into neutral or the key turned to off. Push-button start controls can be turned off if the button is depressed for several seconds.
Models affected by the recall include:
- 2009-2010 RAV4
- 2009-2010 Corolla
- 2007-2010 Camry
- 2009-2010 Matrix
- 2005-2010 Avalon
- 2010 Highlander
- 2007-2010 Tundra
- 2008-2010 Sequoia.
Toyota customers affected by this recall should call the Toyota “Customer Experience Center” at 1-800-331-4331 with questions or concerns.
Massachusetts Drivers Should Take Precautions Against Winter Hazards on the Roads
As if plummeting temperatures and shoveling aren’t reason enough to dislike winter in Massachusetts, snowy and icy weather creates hazardous road conditions. Car accidents, truck accidents, and pedestrian accidents are more likely as slippery roads increase both the distance required to stop a vehicle and the chance of sliding. Taking certain precautions against winter hazards can reduce drivers’ and pedestrians’ risk of personal injury or wrongful death.
First, try to avoid driving in bad winter conditions. If driving is necessary, try to drive during daylight hours only, plan ahead to avoid rushing, and wait until snow removal crews have eased road conditions. Check wiper blades and tires and make sure they are suited for winter driving conditions. Also, if you are traveling far from home, equip vehicles with a winter emergency kit including blankets, food, water, matches, candles, flares, sand for traction, and jumper cables.
Seat belts can save lives but only if they are worn properly. A properly fitting seat belt will fit tightly across the lap, snugly across the chest, and will cross at the shoulder. A seat belt should never cross at the neck or back Seat belts with lap restraints only are ineffective and should be avoided. An improperly fitting belt can actually make personal injuries worse. Heavy jackets will intefere with proper seat belt operation and should be avoided or removed once the car is warmed up.
Pedestrians face special problems since sidewalks are not always plowed and it may be necessary to walk in the street. One should walk facing the traffic in order to be able to observe the approaching traffic–and to take evasive action if necessary. At night, lightly colored clothing is important. Motorists need to be especially aware of pedestrians and even bicyclists during the winter months. Massachusetts General Laws c. 89, Section 14 requires motorists to slow when approaching pedestrians or bicyclists, and to pass only when it is safe to do so.
Finally, focus on safe and strategic driving. Stay at least nine car lengths behind the vehicle ahead to allow plenty of room to stop. Unless you have anti-lock brakes, If brakes begin a lock, ease off the brake. Be aware that bridges and overpasses freeze before the road. To regain control of a vehicle if rear wheels begin to skid, ease off the gas and steer in the direction the car should go. If the car starts to go too far in one direction, keep steering opposite ways until the vehicle is under control. If the front wheels are skidding, ease off the gas and let the vehicle slow down until traction is regained. If stuck in the snow, do not hit the gas. Try to remove snow and ice from around the wheels, and use sand for traction. Some vehicles can also be “rocked” by alternating between drive and reverse, while gently pressing the gas.
For more information on winter safety, please see the following articles:
State Police Issue Winter Driving Safety Tips
Uncleared Sidewalks Imperil Pedestrians
Massachusetts Emergency Management Agency–Tips to Ensure Safe Winter Driving
Toyota Recall of Defective Cars to Affect 3.8 Million Vehicles–Floor Mats Blamed for Crashes
In what will be the largest recall in the history of Toyota Motor Corp., the company will be recalling 3.8 million defective motor vehicles because of defective floor mats. The defective mats may cause the accelerator to jam, and may lead to serious accident.
Toyota has recommended that for several Camry, Avalon, Prius, Tacoma, Tundra and Lexus models the driver’s side removable mat be removed from the car immediately and not replaced until the company issues a fix.
According to the Washington Post, Transportation Secretary Ray LaHood has called this an “urgent matter,” and has strongly urged owners to “remove mats and other obstacles that could lead to unintended acceleration.”
One recent spectacular car crash has been blamed on the defective mats. In August 2009, a California family was traveling in a 2009 Lexus ES 350 when the car’s accelerator became stuck. The runaway vehicle could not be stopped, and reached a speed of 120 mph before crashing, rolling off the highway, and catching fire. All four family members were killed.
Toyota has also issued instructions on how to disable the vehicle if the accelerator becomes jammed. A driver should use both feet on the brake to slow the car and slip the gear shift into neutral. The key should be turned to accessory (not to lock, otherwise steering will be lost). In a push-button ignition, holding the button for three seconds will kill the engine.
More Information
For more information, consumers can contact the National Highway Traffic Safety
Administration’s hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at
(800) 255-3987.
Toyota to recall 3.8M vehicles over floor mats, Washington Post, September 30, 2009.
Massachusetts Elderly Drivers Involved in Motor Vehicle Accidents Ignite Debate Regarding New Licensing Requirements
A large number of motor vehicle accidents involving elderly drivers has prompted the Transportation Committee of the Massachusetts Legislature to enact a bill that would impose driving tests on people over 85 years of age. Currently, Massachusetts only mandates a vision test every ten years. However, a group of lawmakers is trying to enact tougher regulations on the elderly.
Several recent tragedies have drawn attention to safety issues related to elderly drivers. Concerns about reaction time and vision of the elderly have arisen from the wrongful death of 4-year old Diya Patel who was allegedly killed by an 86-year-old woman in Canton earlier this month. Similar stories this year alone accuse elderly drivers of crashing into a Wal-Mart, a group of cyclists at UMASS, and even a Vietnam Memorial in Plymouth. Furthermore, an 84-year-old woman remains in critical condition after an 86-year-old man allegedly hit her while she was crossing the street near downtown Melrose yesterday.
According to an article in the Lawrence Eagle Tribune, Rep. Joseph Wagner (D-Chicopee) and Sen. Brian Joyce (D-Milton) want to enact a law similar to those in nearly 30 other states which mandate road tests alongside the vision test every five years for drivers over 85. This would override the current system, where drivers take a simple vision test every ten years after their initial licensure.
Not surprisingly, the issue is a sensitive one for many who say that regulating senior driving and treating them more like adolescents is demeaning and insulting. Even some suspects, such as 85-year-old Dominick Perry who stands accused of pinning a young boy against another car in a parking lot complain that “age discrimination” is the sole reason for the revocation of his license. A story in The Boston Globe tells of a former race-car driver who took a long and difficult mock test similar to the road test which would be required of someone his age under the new law. However, the anecdotal evidence from the elderly about the tedious nature of the test doesn’t outweigh the substantial evidence which links many elderly people to acts of negligent driving.
More Information
Lawmakers Hear Call for More Legislation Regarding Elderly Drivers – Boston Globe July 1, 2009.
Legislators Discuss Proposed Elderly Driving Bill Tomorrow – Lawrence Eagle Tribune – June 29, 2009.
Tested for the Road – Hospital Test Gauges Older Drivers’ Capability. – Boston Globe July 1, 2009.
Registry Revokes License of Driver, 86, in Melrose Accident. – Boston Globe June 29, 2009.
Passenger Dies in Elderly Driving Case – Boston Herald July 1, 2009.
Driver Charges Elderly Bias – Boston Herald July 2, 2009.
Malden Man Involved in Fatal Wreck Has Recent Road Woes – Boston Herald July 2, 2009.
If you’ve been injured in a motor vehicle accident<
The attorneys at Breakstone, White and Gluck have a proven record in dealing with elderly drivers envolved in cases of wrongful death and car accidents. Recently, Ronald E. Gluck obtained a significant recovery for a 33 year old school teacher and avid sports enthusiast who was struck by an elderly woman in a parking lot. If you or anyone you know has suffered injury as the result of an elderly driver or any motor vehicle accident, please visit www.bwglaw.com or call 617-723-7676. Experience Matters.