Bicycle Accidents

December 31, 2012

New Year’s Eve is the Deadliest Time of Year for Boston Pedestrian Accidents

According to the journal Injury Prevention, New Year’s Eve is when people are most at risk for becoming involved in a fatal pedestrian accident. One reason for this is that while inebriated individuals might choose to walk rather than drive, drinking too much alcohol still impairs one’s physical abilities, judgments, and reflexes regardless, making one more prone to involvement in a traffic crash. One option for avoiding such risks might be to take a cab. Another alternative is staying over at wherever you plan to celebrate.

That said, there are Boston pedestrian accidents that occur on New Year’s Eve because a motorist was distracted, multitasking, texting while driving, talking on a cell phone, or drunk. Please contact Altman & Altman, LLP to request your free case evaluation if you were involved in a Massachusetts traffic accident that you believe was caused by another party.

No one wants to start or end the year involved in any type of collision, but it can happen. Because the state follows modified comparative negligence system, an injured party can recover Boston injury compensation compensation as long as his/her fault in causing the incident was 50% or less.

December 17, 2012

A Decrease in Massachusetts Highway Deaths Doesn’t Mean Boston Car Drivers Get to Be Less Vigilant

by Altman & Altman

According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration, the number of US highway deaths in 2011 went down to their lowest level since 1949 at 32,367 fatalities-a 1.9% drop from last year. The 2011 decline is a continuing trend over the last six years, which has lead to a 26% drop in traffic deaths since 2005.

In this state last year, Massachusetts traffic fatalities went down from 347 deaths in 2010 to 337. Nationwide, other significant 2011 statistics included:

• A 4.6% drop in the number of light truck and passenger car occupant deaths.

October 10, 2012

Growth in Number of Boston Cyclists Leads to an Increase in Bicycle Accidents

by Altman & Altman

The reasons to ride a bike in Boston are endless. You can ride your bicycle for fun, to work, or for exercise. According to Radio Boston, “the greater Boston area is going through something of a bicycling renaissance.” With over 56 miles in new trails, it is no wonder that people have decided to commute the eco-friendly way. Regrettably, as the number of bicycle riders increase, so do the number of accidents and injuries involving bicycles. “Boston Emergency Medical Services count more than 450 bicycle-related accidents and collisions this year, up significantly since a year ago.”

Last month, there were two bike accidents in Boston that lead to the death of the cyclists. One cyclist was hit by a tractor trailer when she reached the intersection. The woman was known to be in her 30s and a resident of East Boston. The other cyclist was hit by a pick-up truck operated by a drunk driver. The victim was a 63-year old man from Dorchester, and died from his injuries. People who are the cause of bike accidents face an extensive amount of liability. The driver of the truck is facing motor vehicle homicide and drunk driving charges, among others.

Bike accidents are known to take the lives of over 700 people annually, with children making up a significant number of these victims. Boston Biker, an online community for cyclists in Boston, is encouraging riders to look at other countries to adopt their riding safety practices, as bike riding accidents in other countries are significantly lower. Even our own state adopted rules regarding bike safety. If you decide to ride, be sure to check out the city’s rules regarding bicycle safety.

Even with these fatal incidents, avid bicycle riders are not deterred from the road. We all strive to be healthy and physically fit people and bicycle riding seems like it could be the solution we have been looking for. If you are feeling left out because you don’t own a bicycle, then you should consider a membership with Hubway. Hubway is a bicycle sharing system in Metro-Boston that was created in July 2011.
Continue reading

April 19, 2012

Biking around Boston—Know the Rules!

by Altman & Altman

So we’re nearing the end of April and bike season is officially back. Motivated by the improving weather-what a glorious spring day today!-and by the athletic feats of Monday’s marathoners, the city is alive with bike riders with a variety of levels, intensities, and goals. But bikers, beware! Boston and its surrounding cities plan to crack down on bike law enforcement this season, according to sources, with Somerville apparently at the forefront.

A post on Somerville’s ResiStat blog-an effort, as the site states, to connect the community via Internet discussions-announced that Somerville police will be stepping up enforcement of bicycle traffic laws in order to create better harmony among drivers, cyclists, and pedestrians with whom they share the road. The central message of this campaign seems to be that being on a bike, rather than in a car, does not give you free reign of the roads! So make sure to educate yourself on the do’s and don’ts.

Massachusetts General Laws Chapter 85 Section 11B outlines bicycle regulations. Generally stated, bikers must follow all the same traffic laws as motor vehicles. A few exceptions and the most commonly broken rules are listed below:

April 16, 2012

Massachusetts Had Lowest Pediatric Death Rate in 2009, Reports CDC

by Altman & Altman

According to a report issued by the Centers for Disease Control and Prevention, the state of Massachusetts had the lowest pediatric death rate among all the US states in 2009 at 4 child deaths per 100,000 kids (age 19 and under). The national average for that year was 11 deaths/ per 100,000 children. The CDC has published its findings in its Morbidity and Mortality Weekly Report.

CDC principal deputy director Ileana Arias says that one reason for Massachusetts’ lower child death rate is that the state has taken pains to address child injury prevention, including developing policies and programs to promote children’s safety. In 2008, the state passed a law mandating that all kids under the age of 8 use a booster seat when riding a car. Following a 2006 law that toughened up requirements for teens seeking to earn their driver’s license, teenage driver deaths declined by 75%.

Our Boston injury lawyers handle Massachusetts injuries to a minor cases. We represent children and their families with civil lawsuits against negligent product manufactures, automakers, physicians, property owners, pet owners, and other liable parties.

Per the CDC’s report, nationwide car crashes comprised close to 50% of the 9,143 pediatric injury fatalities that occurred 2009. Although this figure is still too high, it is a significant decline from the number of child car crash deaths that took place a decade ago. That said, child injuries continue to be the number one cause of children fatalities.

The CDC says that the rates of child fatalities caused by infant suffocation while sleeping and teen poisoning deaths (many from prescription drug overdoses) have gone up. However, there has been a decrease in the number of deaths from fall accidents, drownings, and fires/burn injuries. Unknown causes was cited as the reason for 1070 child deaths in 2009.

Massachusetts Child Injury Cases
We know how devastating it can be to see your child suffer because someone else was reckless/careless. Sometimes, the negligent party may be a company or an individual you do not know. We also represented clients with Boston wrongful death cases or personal injury claims against a relative or a friend.

Massachusetts leads nation with lowest rate of accidental deaths in children, Boston.com, April 16, 2012
Vital Signs: Unintentional Injury Deaths Among Persons Aged 0–19 Years – United States, 2000–2009, CDC
Safe Kids USA

More Blog Posts:
Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012

Boston Child Injuries: Do Some Toys Cause Hearing Problems?, Boston Injury Lawyer Blog, December 26, 2011

Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011 Continue reading

April 11, 2012

Massachusetts Cyclist Killed while Riding Recalled Cervélo Bicycle, Mechanical Failure Likely

by Altman & Altman

A cyclist from Rehoboth, Massachusetts-a town in Bristol County near East Providence-was killed earlier this week while riding a Cervélo bicycle model that, according to reports, had previously been recalled by the U.S. Consumer Product Safety Commission (CPSC). The 58-year-old man had apparently suffered head trauma and was pronounced dead shortly after he was transported to Rhode Island Hospital. The crash is still being investigated by the MA State Police, but the cause is believed to be a mechanical failure of the bicycle.

Although reports do not specify the model of bike the man was riding, the CPSC had announced a voluntary recall of about 650 defective 2005 R2.5 road frames in 2006 due to problems undetected during testing. According to the press release, “The bicycle frames can loosen or separate, causing the rider to lose control, fall and be injured.” The defect is explained in more thoroughly on the website of Cervélo Cycles, Inc., a distribution company based in Toronto, Canada.

While we’re on the topic, I think it’s important to distinguish between a “voluntary recall” and a “mandatory recall.” Before February 2010, when new rules went into effect under the Consumer Product Safety Improvement Act, there was really no such thing as a mandatory recall and voluntary recalls were the only real means for the government to pull defective products off the shelves. Since the term “voluntary recall” can be confusing, Consumer Reports wrote an excellent summary of its real meaning and consequences:

April 9, 2012

MBTA Bus Collides with Bicyclist in Salem, MA

by Altman & Altman

A bicyclist was seriously injured and transported to MGH after he collided with an MBTA bus around 7:20am at the intersection of Federal and Washington Streets in Salem (near Salem District Court). According to reports, the bicyclist was a 47-year-old male from Salem, and he apparently collided with the right front side of a Route 455 bus. It is unclear exactly how the accident occurred, but the Salem News reports that the cyclists was not wearing a helmet and was wearing headphones. It is currently under investigation by the Salem police.

Collisions with cars are perhaps the most dangerous-and deadly-form of bicycle accidents. Sharing the road with drivers requires incredible diligence on behalf of both drivers and cyclists. Although Boston has increased the number of bike lanes within the city itself, as several communities in the Greater Boston area have done as well, bicyclists still frequently share the streets with drivers.

Note that Massachusetts law only requires individuals age 16 and under to wear helmets, although bicyclists of all ages are advised to wear helmets.

March 23, 2012

New Bedford Bicyclist Hit and Killed by FedEx Truck

by Altman & Altman

With record-breaking temperatures yesterday, Massachusetts residents poured outside to enjoy the sunshine and summer temperatures. Walkers, runners, bicyclists, rollerbladers, picnickers, and beach-goers (including kids playing hooky from school) were seen in droves. Unfortunately, the day did not end as gloriously for all.

According to news reports, on Wednesday evening around 6pm, 58-year-old Cynthia Pacheco of New Bedford was hit and killed by a FedEx freight truck in New Bedford Industrial Park. The FexEx truck was making a left-hand turn when it hit her. The incident is still being investigated. Police could not confirm whether or not Pacheco was wearing a helmet.

With virtually no protection against guardrails, trees, fences, cars, and trucks, bicyclists can suffer minor injuries like bumps and bruises to serious injuries such as broken bones, head injuries and even fatalities. If you or a loved one has been injured or killed in a bicycle accident in Massachusetts, you should contact an experienced MA bicycle accident attorney to determine whether you may be able to financially recover.

December 28, 2011

Cambridge, Massachusetts Tractor-Trailer Crash Causes Bicyclist’s Death

by Altman & Altman

Authorities have identified Phyo N. Kyaw as the victim of a Cambridge, Massachusetts truck accident that occurred Tuesday night on the corner of Vassar Street and Massachusetts Avenue.

The 23-year-old, who was originally from Myanmar, graduated from MIT last year. He was pronounced dead after he was transported to Massachusetts General Hospital.

According to Cambridge police, there have been 27 traffic crashes at the intersection of Massachusetts Avenue and Vassar Street since the beginning of 2010. If there is a road condition or the intersection as poorly designed so that there really is a higher risk of a motor vehicle crash happening there, then Kyaw’s family may have grounds for a Cambridge personal injury lawsuit.

Meantime, state police are trying to determine whether charges should be filed in Kyaw’s death. If the trucker acted negligently in any way to cause the Cambridge bicycle accident, he/she could be held liable. If the truck driver was working for an employer at the time of the collision, then there also may be a case filed against that company.

After a Massachusetts semi-truck crash, it is not uncommon for the trucking company’s insurer to attempt to immediately negotiate a settlement with the victim. It is a good idea that you not reach any type of agreement until you’ve explored your legal options first. You also may not know the extent of your injuries until after you’ve had a doctor examine you.

MIT graduate is identified as victim in bicycle-truck collision, Boston.com, December 28, 2011
Cyclist killed in Cambridge accident ID’d, Boston Herald, December 29, 2011

More Blog Posts:
Multiple Vehicle Accident Involving Dump Truck Leaves Several Injured in Uxbridge, Boston Car Accident Lawyer Blog, April 21, 2011
20-Year-Old Bicyclist Victim of Hit-and-Run in Attleboro, Boston Car Accident Lawyer Blog, July 18 2011
NTSB Calling for Total Cell Phone Ban on All US Roads and Highways, Boston Injury Lawyer Blog, December 15, 2011 Continue reading

December 15, 2011

NTSB Calling for Total Cell Phone Ban on All US Roads and Highways

by Altman & Altman

Last week, our Boston injury lawyers published a blog post about a new National Highway Traffic Safety Administration study on text messaging and cell phone use while driving. As evidenced by the number of distracted driving fatalities that happened in 2010, too many people are dying because there are drivers that are multitasking and distracted.

Now, the National Transportation Safety Board is calling for all states to ban any type of cell phone use-including texting-unless it is an emergency situation. Over the last decade, the NTSB has made efforts to limit the use of portable electronic devices by commercial truckers, new drivers, and school bus drivers, but this is the first time that it is calling for a ban that would apply to all drivers. Handheld and hand-free devices would both be barred. Passengers that are not driving, however, would still be allowed to use their cell phones and other devices.

Although the NTSB cannot dictate state law, lawmakers do seriously consider what the federal agency has to say. Currently, in Massachusetts, only school bus drivers, passenger bus drivers, and drivers under 18 are prohibited from using cell phones. There is no ban on the use of hand-held phones-although Rep. Cory Atkins, D-Concord has introduced legislation to make the use of a hand-held cell phone while driving illegal. All drivers are banned from texting in Massachusetts.

Distracted Driving Lawsuits
Distracted driving has proven to be a huge problem among motorists. Even though people are aware of how dangerous talking on a cell phone or text messaging can be when operating a motor vehicle, many motorists cannot seem to stop themselves from making a call, sending a text, checking on email, or surfing the Web and these behaviors are causing serious injuries and killing people.

Some in Mass. eye tougher cellphone restrictions, Boston, December 14, 2011
NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011
National Transportation Safety Board

More Blog Posts:
NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010 , Boston Injury Lawyer Blog, December 9, 2011
Peabody Police Hit as a Pedestrian, Boston Car Accident Lawyer Blog, December 12, 2011
Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011 Continue reading