Massachusetts Injury Lawyer Blog

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.

 For more information

Boston Globe

Virgina Tech Transportation Institute Research Project

Continue reading "Massachusetts Law Will Ban Text Messaging While Driving" »

A lawsuit over tired truck driving may eliminate an embattled rule that concerns safety advocates about the risk of truck accidents, motor vehicle accidents and wrongful deaths on the nation's roadways.

Since 2004, advocacy groups have been battling an hours-of-service rule passed by the Bush administration that increased the maximum number of consecutive hours a trucker could work from ten to eleven and decreased the rest and recovery time from fifty hours to thirty-four. Safety advocates claim that the changes are likely to lead to more motor vehicle accidents, serious personal injuries and wrongful deaths.

Twice, advocacy groups have successfully challenged the rule in court just to have the administration reissue the same rule.  In 2004, the court vacated the hours-of-service rule on the grounds that the government did not adequately consider the effects of longer driving hours on individual truck driver welfare and public safety.  In 2007, the court vacated the rule again because the agency did not allow public notice and comment on the new crash risk analysis used as justification to reissue the same rule. 

Advocacy groups brought a third lawsuit in 2009 and will finally see an outcome. As part of a legal settlement, the Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) have agreed to redraft the existing hours-of-service rule. In January, the agencies held several sessions around the country to gather public comment.

As they start work, safety advocates hope that the new rule will reflect the dangerous reality of tired truckers.  The deaths and personal injuries caused by drivers falling asleep in the cab can be catastrophic for truck drivers and people on the road. 

The U.S. National Transportation Safety Board points to driver fatigue as a likely factor in twenty to forty percent of truck crashes.  Safety advocates, including members of Parents Against Tired Truckers and Citizens for Reliable and Safe Highways, applaud the settlement as a step in the right direction towards safe roads.

There are typically over 1,000 Massachusetts truck accidents every year, nearly half of which involve out-of-state motor carriers. In 2006, 34 people were killed in Massachusetts trucking accidents.

For more information on the regulations, see the FMCSA website.  For an overview of what information FMSCA is considering in formulating a new rule, see this presentation. The Truck Safety Coalition has a collection of stories and press releases on the hours-of-service rule and trucker fatigue.     

Continue reading "Tired Truckers and Truck Accidents May Be Reduced with New Regulations---Massachusetts Highways Should Be Safer" »

Lawmakers and individuals are calling for change after seven deadly Big Dig crashes have been linked to handrails in the tunnels. State Senate President Therese Murphy has requested that the Department of Transportation, which overseas the tunnel system, review the handrails's design and safety. Between 2004 and 2008, seven of the nine fatal accidents in the Big Dig were the result of vehicles hitting the handrails. Most crash victims were dismembered.  The handrails line about six miles of the Big Dig on elevated walkways and are designed to prevent workers from tumbling into traffic.

The handrails are also the subject of litigation in Suffolk Superior Court.  The widow of State Trooper Vincent Cila, who was killed after hitting a handrail post while on a motorcycle in 2005, has filed a wrongful death suit against multiple parties, including the state Turnpike Authority.  The defendants assert that the handrails meet all applicable safety standards and regulations. 

Despite assertions to the handrails' safety, relatives and friends of crash victims are calling for the handrail design to be changed.  Experts consulted by the Boston Globe said that the handrails are flawed.  The horizontal rails are spaced far apart, allowing motorists to become entangled, and the rails are only three feet above the road, at head level.  However, handrail design may not be solely to blame for the grisly crashes. Many of the drivers killed were speeding or not wearing seatbelts.

For more information on this story, see the Boston Globe.   

Continue reading "Big Dig Handrails Under Scrutiny After Massachusetts Drivers' Deaths" »

The Federal Government is taking a firm stand against the dangers caused by texting drivers. U.S. Transportation Secretary Ray LaHood announced Tuesday that, effective immediately, commercial bus and truck drivers are prohibited from texting while driving. Texting truck and bus drivers face civil or criminal penalties of up to $2,750. 

The goal of the new law is to reduce truck accidents and motor vehicle accidents caused by distracted driving.  According to the Federal Motor Carrier Safety Administration, drivers take their eyes off the road for an average of 4.6 seconds out of every six seconds while texting.  This means drivers who text are more than 20 times more likely to get in an accident than nondistracted drivers.

This is not the first move that the government has made to reduce the dangers of texting drivers.  Nineteen states have passed laws banning texting while driving.  President Obama has also signed an executive order requiring federal employees not to text while driving government-owned vehicles or with government-owned equipment. 

The attention on texting comes after several high profile accidents caused by texting motor vehicle operators.  In September 2008, a California commuter train engineer missed a stop signal while trading text messages with a friend, leading to a train accident resulting in the wrongful death of 25 people.  In May 2009, 62 people suffered personal injury after a Massachusetts Bay Transportation Authority trolley driver collided with another trolley while texting.

For more information about the dangers of distracted driving, see the Transportation Department's website www.distraction.gov.

Continue reading "New Law Against Texting Intended to Reduce Distracted Driving and Truck Accidents--Rule Should Improve Safety for Massachusetts Drivers" »

One of the leading causes of motor vehicle accidents for Massachusetts drivers may be the device in the driver's pocket.  A recent Harvard University study concluded that 2,600 wrongful deaths and 570,000 personal injuries are caused each year by cell phone distractions. According to a Virginia Tech study, drivers using cell phones are more impaired than a legally drunk driver.  Despite the known dangers of in-car electronics, car makers are taking driver distractions one step further with in-car "infotainment" systems.   

As recently unveiled at the 2010 Consumer Electronics Show, car makers and internet companies are teaming up to equip cars with interactive screens on the dashboard that display maps, videos, and internet sites.  Safety advocates are concerned about the risk of car accidents and pedestrian accidents caused by distracted drivers watching the screen instead of the road.  A recent New York Times article on these new systems discusses how the danger of crashing dramatically increases when a motorist looks at a screen, even a GPS screen. 

Car makers assure that safety mechanisms will be in place to minimize the risk of driver distractions, such as voice controls or blocking internet use when the car is in motion.  However, some safety advocates are questioning whether car manufacturers are placing profit concerns above safety. It only takes two seconds for the likelihood of a crash to increase exponentially.   

Continue reading "In-car Electronics Create Distractions and Impair Driving" »

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

Continue reading "Massachusetts Drivers Should Take Precautions Against Winter Hazards on the Roads" »

Many of the over 9 million trucks on the roads in this country are operating with serious safety problems, according to a recent study performed by the Federal Motor Carrier Safety Administration, a division of the U.S. Department of Transportation. Twenty-eight motor carrier companies, representing more than 200,000 trucks, were found to have trucks in violation of federal safety laws. These violations include defective brakes, overly worn tires, excessive loads, and undertrained or impaired drivers. All of these factors contribute to the likelihood of a serious truck accident.

While the public is largely unaware of the problems with the nation's large truck fleet, it is at significant risk due to these safety violations. Although trucks make up fewer than 4 percent of vehicles on the road, they are involved in 12 percent of motor vehicles fatalities, with over 4,000 deaths and 80,000 serious injuries occurring every year. Government data shows that many trucking accidents are not reported, suggesting the numbers above are underestimates. Citizens of Massachusetts, with its older highway system, are left at risk.

Many of these deaths and injuries are preventable, and would be avoided if trucking companies fully complied with safety laws. Unfortunately, many companies fail to perform critical maintenance and repairs in order to save money. As the government's inspection and enforcement resources are limited, the chances of being caught are small, and the companies that are forced to take its trucks off the road simply change their name and continue operations as before.

Compounding this unsafe situation is the fact that many trucking companies carry insurance in amounts that are inadequate to compensate the victims of trucking accidents, especially when someone is seriously injured or there are multiple victims. Congress set the minimum level of insurance for tractor trailers at $750,000 in 1980, and has not changed it since. Although many companies carry higher amounts, carrying the minimum insurance is common in small trucking companies, which is of great concern, as 87 percent of the companies in violation of safety standards had fleets of ten trucks or fewer.

Continue reading "Trucks Found to Have High Rates of Safety Violations, Inadequate Insurance" »