Articles Posted in Car Accidents

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The Daily News Tribune says that during the time it takes to compose and send a simple text message while driving (requiring the driver to take his or her eyes off the road), a motor vehicle will likely have traveled the length of a football field-enough time and distance for at least one motor vehicle crash to occur.

On Friday, a Boston Green Line MBTA train did more than that when its operator, who was sending a text message to his girlfriend, ran a red light, causing a multi-trolley crash and injuring at least 46 people. Three of the trolleys involved in the Boston train accident were totaled, and another trolley was damaged.

According to the MBTA, Quinn, an Attleboro resident, failed to step on the brakes soon enough. He will likely be fired and could face criminal charges. As an aside, his private driving record indicates that he was cited for speeding three times-in 2002 and 2007.

The MBTA prohibits its drivers from using their cell phones and similar devices in any capacity while driving. Yet this rule is often ignored. At least 9 MBTA trolley operators and bus drivers have been suspended for talking on cell phones or texting while on the job. Over the weekend, MBTA officials said its drivers are going to be banned from even carrying such devices while at work.

Texting While Driving
Text messaging while driving any kind of vehicle is considered dangerous, and some states have put laws in place to ban texting and/or talking on the cell phone while operating a motor vehicle. In Massachusetts, only school bus drivers are banned from talking on a cell phone while driving.

According to a 2006 National Highway Traffic Safety Administration study, driver distraction during the three seconds prior to a motor vehicle crash is the number one cause of 78% of auto crashes and near collisions. Dialing a cell phone, reading, and applying makeup are the three activities that appeared to increase the risk that a driver might be involved in a car crash by three times. Texting while driving has been cited as a reason that some fatal train accidents and deadly motor vehicle crashes have occurred over the past few years.

Not only does texting require that a driver not look at the road while composing or reading a text message, but he or she will likely have to take at least one hand off the steering wheel to hold or operate the cell phone or PDA device. In order to avoid causing a Boston train accident or a Massachusetts car crash, drivers must have both eyes on the road at all times, with both hands controlling the steering wheel and their mind focused on the task at hand-which is to drive safely.

Negligent driving by an MBTA trolley operator can be grounds for an MBTA train accident lawsuit.

Editorial: The dangers of texting while driving, The Daily News, May 12, 2009
City man driver in T crash, The Sun Chronicle, May 12, 2009
Related Web Resources:
T crash puts spotlight on hiring criteria, Boston.com, May 12, 2009
Cell Phone Driving Laws, GHSA
MBTA
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The Insurance Institute for Highway Safety recently announced the results of three front-to-front crash tests it conducted. A microcar or minicar and a midsize model from the same auto maker were used for each test. IIHS president Adrian Lund says that while there are undoubtedly benefits to buying the smaller cars, including the facts that they cost less and don’t use up as much gas, these latest tests show that people may be sacrificing occupant safety for financial savings.

The IIHS tested 2009 models against each other: The Honda Fit against the Honda Accord, the Mercedes C against the Smart Fortwo, and The Toyota Camry against the Yaris. During all three tests the laws of physics won out. While the smaller cars did well in IIHS frontal offset barrier tests, they performed poorly against the larger cars-which aren’t even considered large cars compared to luxury-sized cars, pickup trucks, SUV’s, and passenger vans.

In all three tests, the bigger and heavier autos performed better in terms of occupant safety. The dummies in the smaller, lighter autos tended to be at a disadvantage. The larger, heavier vehicle ended up pushing into the smaller, lighter auto, which means that if there had been people riding in the smaller cars, they would have experienced more force upon impact than if they had been occupants in the larger autos. The greater the force, the greater the risk of injury or death, which means the chances of injury goes up when someone rides in a microcar or a minicar.

This is confirmed by auto accident statistics, which reports that the fatality rate for occupants of minicars in multiple vehicle collisions in 2007 was nearly two times that of the fatality rate for people in very big cars. It also helps for occupants of larger cars that the larger size and weight of the vehicle will likely deform or move any object it hits.

It is important that auto manufacturers make cars that are safely designed and manufactured to minimize/prevent injuries or deaths. A car maker can be held liable for Massachusetts products liability or wrongful death if their defectively designed vehicle or a defective auto part within the motor vehicle causes personal injury or wrongful death.

New crash tests demonstrate the influence of vehicle size and weight on safety in crashes; results are relevant to fuel economy policies, Insurance Institute for Highway Information, April 14, 2009

Related Web Resources:
Car Size and Weight are Crucial (PDF)

NHTSA
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General Motors and the National Highway Traffic Safety Administration have announced the recall of 1,497,517 motor vehicles because of a a defect in the 3.8 liter engines of the autos that could lead to a car fire. The cars included in the recall are the Chevrolet Lumina (1998 to 2003 models), the Buick Regal (1997 to 2003), the Chevrolet Monte Carlo (1998 to 2003), the Chevrolet Impala (1998 to 1999), the Pontiac Grand Prix (1998 to 2003), and the Oldsmobile Intrigue (1998 to 1999).

The defect in the engine may cause oil to leak onto the exhaust manifold when hard braking. If the manifold is hot and the oil strikes the heat shield, there is the chance that an engine fire could occur.

Car Fires
Car fires are incredibly dangerous. They can emit toxic gas and lead to catastrophic burn injuries. Car fires can create heat as high as 1500 degrees Fahrenheit, with flames from burning vehicles emitting as far out as 10 feet or greater. A car fire can lead to a car explosion, resulting in debris from the car being flung outward. This could turn tire rims, axles, engine parts, and other car parts into deadly shrapnel. Air bags may deploy, battery acid can cause serious injuries, and the flammable fuel from gas tanks could end up spraying onto other vehicles and people in the area.

According to the National Fire Protection Association and the AAA:
• There were 266,000 car fires in 2004 resulting in 520 deaths.
• Over 1,300 people a year become the victims of car fires.
• 75% of car fires occur because of poor maintenance.
• Motor vehicles contain at least six flammable fluids under their hood that can leak onto hot surfaces, starting a fire.

This is why it is so important that any defect that can lead to a car fire be remedied immediately. And if you or someone you love was injured in a Massachusetts motor vehicle accident involving a fire that was a result of an auto defect, you need to speak with an experienced Boston products liability law firm to explore your legal options.

GM Recalls 1.5 Million Cars For Fire Hazard, Consumer Affairs, April 14, 2009
New Warning to be Issued About Deadly Car Fires, ABC News, October 12, 2005
Related Web Resources:
National Highway Traffic Safety Administation

Car Fires: What you need to know to be safe…, Kids-Safety Continue reading

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In Massachusetts, two serious Brockton motor vehicle accidents have left its victims with injuries. On Friday morning, two sisters from East Bridgewater got hurt when their compact car was involved in an accident with a tractor-trailer.

19-year-old Esther Martinez sustained a fractured skull, two spinal fractures, brain contusions, serious facial factures, and a broken collar bone. She had 32 stitches on her head. As of Monday, she was reportedly in critical condition at Brigham & Women’s Hospital. Her sister, 21-year-old Cristina Martinez, sustained a broken elbow and wrist.

The deadly Massachusetts tractor-trailer crash happened on Route 24 northbound close to exit 18. The sisters’ vehicle was totaled during the traffic collision. Fortunately, both women were using seat belts at the time of the accident.

In another Brockton traffic accident, a 60-year-old Massachusetts woman suffered serious injuries in a pedestrian accident when she was struck by a car on Monday. The pedestrian was pushed under the vehicle of another driver, whose vehicle was rear-ended by the first vehicle.

NHTSA: 2008 Motor Vehicle Crash Deaths
Motor vehicle crashes continue to be a leading cause of death in Massachusetts and the rest of the country. The US Department of Transportation, however, had some good news to report this week when it issued its 2008 motor vehicle crash death toll.

With 37,313 traffic fatalities occurring last year, there hasn’t been so low a motor vehicle fatality total since 1961 when there were 36,285 deaths. Massachusetts, unfortunately, was named prominently in the update as having the lowest state ranking for seat belt use. While the national average for seat belt use is 83%, Massachusetts’s 68.8% is low, down by 1.9% from 2007.

In Massachusetts, as in 21 other US states, police officers can’t stop a motorist for not using a seat belt. Police can only ticket drivers for not wearing safety belts if they apprehended them for other reasons.

Regardless of whether or not you were using a seat belt, if you were injured in a Massachusetts car collision, bus accident, truck crash, bicycle accident, or pedestrian accident because another motorist or another party was negligent, you have legal options for recovery.

Woman hit by car outside Brockton store flown to Boston hospital, Wicked Local, April 7, 2009
East Bridgewater sisters recovering after serious crash in Brockton, Wicked Local, April 6, 2009
Mass. ranks last again in US for use of seat belts, Boston.com, April 7, 2009
U.S. Transportation Secretary LaHood Announces Record Low Traffic Deaths, Improved State Seat Belt Use, NHTSA, April 6, 2009
Related Web Resources:
Early Estimates of Motor Vehicle Traffic Fatalities in 2008, NHTSA, March 2009 (PDF)

Seat Belt Use in 2008, NHTSA (PDF)

Executive Office of Transportation , Mass.gov Continue reading

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Toyota is recalling 1.3 million motor vehicles over concerns that a foam pad located close to the seat belt could catch fire during an auto crash. Included in the automaker’s recall are 134,000 Yaris subcompacts (2006 and 2007 models) that were sold in the United States.

The National Highway Traffic Safety Administration is working with Toyota to recall the cars, which come with front passenger seat belt and driver seat belt pretensioners that retract the belts so that the occupants’ forward momentum is absorbed during a serious frontal impact.

Toyota is concerned that during serious, frontal crashes, the mechanism that is supposed to tighten the seat belt could release a gas that might cause a foam pad used for insulating sound to catch fire. So far, there are no reports of any incidents stemming from the defect in the United States.

Auto defects or defective auto parts can lead to serious injuries and deaths. Auto manufacturers are supposed to make sure their vehicles are safe for use. While defects can occur during the production or shipping of a motor vehicle, there are auto parts that are defective because there are flaws in their design.

If you or someone you love was injured in a Massachusetts motor vehicle accident because the vehicle you were riding in was defective or malfunctioned, you may have grounds for an automobile products liability lawsuit.

Common auto defects that have resulted in personal injury lawsuits:

• Defective seat belts • Rollover accidents • Defective air bags • Faulty engines • Defective tires • Brake defects
Toyota Announces Safety Recall on Select Vehicles, PR Newswire, January 28, 2009
Global Recall by Toyota; Affects 1.35 Million Cars, Huliq.com, January 28, 2009

Related Web Resources:
NHTSA

Toyota
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New information in the February 2009 issue of the Journal of Neurosurgery: Spine offers convincing evidence that the combined use of seat belts and air bags is the best protection that auto accident victims can have from sustaining spine fractures. The findings are based on an examination of over 20,000 motor vehicle crash victims who were treated in Wisconsin hospitals between 1994 and 2002.

According to the study:
• The number one cause of spinal cord injuries is motor vehicle accidents.
• Becoming involved in an auto crash in a vehicle equipped with air bags and while using a seat belt lowered the chances of an accident victim sustaining a spine fracture.
• Just 14% of the drivers and front seat passengers who were victims of motor vehicle crashes had the protection of both a seat belt and an air bag.
• 38% of the accident victims were not using seat belts.
• Out of the 2,530 victims with spine fractures who were part of the study, 64 of them died in hospitals.
• Kinds of spine fractures: 1,067 of them were cervical fractures, 1,034 were lumbosacral fractures, and 565 were thoracic fractures.
• Auto accident victims that were using an air bag and not a seat belt had a greater chance of sustaining a severe thoracic spine fracture.

Evidence from the study was based on information about air bag and seat belt usage combined with spine fracture incidences. Some 20,276 auto accident victims were part of the study. All of the individuals had be either front seat passengers or drivers, 16 years of age or older. They also had to not have been thrown from the vehicle during the crash, and complete ICD-9CM data had to be provided.

One of the authors of the study, Marjorie C. Wang, MD, MPH from the Department of Neurosurgery, Medical College of Wisconsin in Milwaukee, says that federal and state governments should dedicate more resources toward making sure that motor vehicle occupants use air bags and seat belts together.

Spinal Fractures
A spinal fracture is when at least one vertebrae in the back or neck breaks. While many spine fracture cases are not serious enough to warrant surgery, more serious spinal fractures can result in spinal cord injuries, paralysis, severe pain, and death. Failing to treat existing fractures can lead to progressed deformity and the ability to live a healthy, normal life.

Research: Air Bags/Seat Belts Important in Preventing Spine Fractures, Huliq News, January 26, 2009
Spinal Fractures, Spine Universe.com

Related Web Resources:

Journal of Neurology: Spine

Spinal Cord Injuries, Medline Plus Continue reading

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Police in the Boston area say at least 11 motor vehicle crashes occurred over the weekend. According to the National Weather Service, some 8.8 inches of snow fell from the sky on Friday, with another 3.7 inches of snow falling on Saturday and 3.8 inches on Saturday. This made for poor driving conditions. Some 50 plows tried to clear the streets over the weekend. Fortunately, there were no serious injuries.

One auto accident left a Jeep with significant damage after its driver hit an NStar utility pole. The 37-year-old Dedham motorist was eventually cited for leaving the scene of property damage. In another Boston motor vehicle crash, an auto struck another motor vehicle as it was backing out of a driveway. Another accident occured when a plow driver backed his vehicle into a Bridge Street building.

Driving in Snowy Weather
Snow and ice on the road can make for hazardous driving conditions that can lead to serious Massachusetts injury accidents. Just because poor weather conditions may have been a major factor in causing a traffic collision, however, does not mean that there aren’t steps that you can take to drive safely and prevent auto accidents from happening. As the driver of a car, truck, or bus, you are supposed to exercise even greater care to avoid auto crashes from happening, including:

• Drive at a slower speed • Give yourself more time than usual to arrive at your destination.
• Make sure that there is even more space between you and the vehicle in front/behind you.
• Make sure your lights are on so that other drivers can see you.
• Brake gently so that your vehicle doesn’t skid.
• Don’t drive using your cruise control when the roads are icy.
• Drive defensively.

You may be entitled to Massachusetts personal injury compensation if you were injured in a Boston car accident.

Storm card : 3 days, 15 inches and 11 accident, The Daily News Transcript, December 22, 2008
Driving Safety Tips, National Weather Channel

Related Web Resource:
Winter Driving Safety Tips, Mass.gov Continue reading

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Two Massachusetts teenagers died in Middleborough on Thursday after the 18-year-old driver lost control of his car and struck a tree. Driver Joseph W. DeYoung and his 17-year-old passenger, Brian McMahon, died from their injuries. DeYoung had just earned his driver’s license on December 2.

Middleborough police says wet roads, driver inexperience, and speeding contributed to the fatal Massachusetts car crash, which occurred early in the morning on Purchase Street as the teens were headed to school. An initial investigation into the crash indicates that DeYoung lost control of the car. The two Middleborough high school teens were pronounced dead at the accident site.

NHTSA Young Driver Facts
– In 2006, there were 13 million young, licensed drivers, 15 – 20 years-of age, in the United States.
– In 2007, 6,982 young drivers were involved in deadly motor vehicle crashes.
– Motor vehicle accidents is the number one killer of people, ages 15 – 20.
– 3,174 drivers, ages 15-20, died in auto crashes last year.
– 252,000 were injured.
– 1,631,000 young drivers were involved in the 10,524,000 auto crash incidents that were reported to police.
31% of young drivers that died in traffic accidents last year had consumed alcohol.
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In Massachusetts:
– 83 people died in Massachusetts motor vehicle crashes involving young drivers last year.
– 36 of the victims were young drivers operating one of the vehicles.
– 28 of the fatalities were occupants of vehicles driven by young drivers.
– 16 of the people that died were riding in other vehicles.
– 3 of the victims who died were not riding in any vehicles.

On their way to school, two teens die in crash, Boston.com, December 12, 2008
Young Drivers, 2007 Traffic Safety Facts, NHTSA

Related Web Resources:

A Comprehensive Approach to Teen Driver Safety

Statistics About Teen Drivers, Mass.gov Continue reading

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Unicef and the World Health Organization say that 830,000 children are killed around the world in accidents. Their report, the World Report on Child Injury Prevention, is the first report to gather all known information on child injuries and deaths around the globe.

The report’s estimates are acknowledged to be broad because so many poor countries are unable to collect many health statistics. The findings also take into account that there are many children who are injured or killed without receiving medical care.

According to the report, the most common causes of fatal child injuries around the world include:

• Motor vehicle accidents
• Burn injuries • Drowning accidents • Fall Accidents
• Poison
Other common causes of death include murder, serious illnesses, diseases, childbirth, and abortion.

The United Nations is encouraging governments to require safety measures, such as pool fences and bicycle helmets, that could save thousands of kids’ lives each year. The UN Children’s Fund and WHO report says use of lifejackets, childproof medicines, window guards, and smoke alarms, could also save many lives.

In the United States, according to the Centers for Disease Control and Prevention, 12,175 children are killed in accidents each year:

• US motor vehicle collisions continue to be the leading cause of death for kids 1 year of age or older.
• Suffocation is the number one cause of death among kids younger than 1.
• Drowning accidents is a leading cause of death for kids ages 1 to 4.

CDC injury prevention chief Ileana Arias says making kids younger than 8 ride in booster sides, passing graduated driver’s license laws in more US states, and barring teens from driving with other teens or at night could save lives.

In Massachusetts and other US states, these lists of common injuries and deaths can be grounds for personal injury and wrongful death lawsuits if another party was negligent in causing the motor vehicle crash, burn accident, dog attack, fall accident, suffocation accident, or another injury accident to occur.

Report Sounds Alarm on Child Accidents, NY Times, December 9, 2008
Preventable injuries kill 2000 children every day, WHO, December 10, 2008
Car Crashes, Falls Top List of Accidental Injuries for Kids, US News and World Report, December 10, 2008
Related Web Resources:

Read the World Report on Child Injury Prevention (PDF)

UNICEF
Continue reading

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An Essex Superior Court jury has ordered the 99 Restaurants of Boston and Haverhill resident David Kvinlaug to pay a Quincy woman $5 million for personal injury. Laurie Clifford lost her arm in a 2003 drunk driving accident. Kvinlaug, who was driving the car that Clifford was riding in, pleaded guilty to drunk driving and served 90 days in jail.

On May 18, 2003, bartenders at the Ninety Nine Restaurant & Pub in North Andover reportedly served Kvinlaug, who worked at the restaurant as a line cook but was off-duty at the time, the equivalent of 11 12-ounce beers in under two hours. The 32-year-old then reportedly had a few more drinks at a party before driving his vehicle into a school bus that was parked on Chadwick Street.

Clifford and another passenger were in the car when the accident happened. Clifford’s arm, which was almost severed in the catastrophic Massachusetts crash, had to be amputated following 30 surgeries to try repairing her arm.

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