Truck Accidents

August 4, 2011

Newton Van Crash Involving Stopped Garbage Truck Injures Special Needs Passengers

13 people were injured when a Newton motor vehicle crash on Monday when a van drove into a stopped garbage truck at around 9am. Three of the special needs passengers sustained serious injuries. The Jaws of Life had to be used to remove the passenger in the front seat. At the time of the Middlesex County traffic crash the van was taking the adult special needs passengers to the Price Center where they were going to avail of rehabilitation and employment services.

Police have charged the driver of the van, Addis Gabriel Woldeguiorguis, with driving while driving under the influence of drugs. Woldeguiorguis, who was also injured in the Newton van accident, told police that he took oxycodone pills a few hours before the Newton traffic crash because his foot hurt and he suffers from diabetes, prostate cancer, and tuberculosis. However, police also say that they found a crack pipe, and a bag with what they think might be crack cocaine.

The company that Woldeguiorguis, was operating the van for is called AART Transportation. The Boston Globe says that Woldeguiorguis had an extensive traffic history in New York going back to the 1980’s, including a notation for drug possession in 2005. However, because regulators only check a driver’s Massachusetts record when assessing the credentials of contracted drivers, these out-of-state violations went undetected.

It is the job of employers to make sure that any drivers that they retain have a solid driving record and are good, experienced, and safe drivers. Employers can be held liable for Boston personal injury if the person that they hired was negligent in causing a collision that resulted in someone getting hurt or dying. There may also other parties affiliated with the vehicle or the service provided by the driver who should also be held financially liable for the victim’s injuries or death.

Van crash shocker: Charged driver has spotty record, Boston Herald, August 2, 2011
Driver of special needs van faces OUI charge after Newton crash injures 13, Boston.com, August 1, 2011

Related Web Resources:
Massachusetts General Laws

The Price Center

More Blog Posts:
Is the State Doing Enough to Prevent Massachusetts Car Crashes By Discouraging Drunk Driving?, Boston Injury Lawyer Blog, February 12, 2011
Drunk Driver Crashes Stolen Car After Police Chase on Interstate 93, Boston Car Accident Lawyer, June 17, 2011 Continue reading

March 22, 2011

Inadequate Rear Guards May Be Doing a Poor Job of Preventing Boston Underride Truck Crash Deaths

by Altman & Altman

According to the Insurance Institute for Highway Safety, the federal government needs to mandate that stronger rear guards be used on tractor-trailers and other big rig trucks. The underride guards are supposed to prevent smaller vehicles that rear-end large trucks from ending up under the larger vehicle. Unfortunately, the current rear guards do not appear to be doing enough to stop truck underride crashes from happening.

Our Boston injury lawyers are familiar with the damage and catastrophic injuries that can result when a smaller auto ends up under a semi-truck or another type of big rig truck. We welcome any efforts to make and install sturdier rear guards that can stop a smaller vehicle from sliding under a truck. We also represent clients with Massachusetts products liability cases against the makers of defective truck parts.

The IIHS came to the conclusion that the current underride guards in use aren’t tough enough when they failed during low speed crash tests. Also. analysis of about 1,000 real-world collisions between 2001 and 2003 (from the Large Truck Crash causation study) showed that of the 115 rear-end truck crashes involving a passenger vehicle hitting a big rig’s back, underride collisions were a common outcome.

February 25, 2011

Injured last Month in New Bedford Oil Truck Accident, 84-Year-Old Wheelchair-Bound Man Dies from His Injuries

by Altman & Altman

Last month, we reported on our Boston Car Accident Lawyer Blog that 84-year-old Joao Amaral, who is wheelchair-bound, was injured when he was involved in a New Bedford truck accident. Amaral was rushed to Massachusetts General Hospital in serious condition. Now, the news media are reporting that the elderly pedestrian has died from his injuries.

Amaral was on the crosswalk near the curb on Purchase Street when an oil truck owned by Star Oil Co. hit him. The driver of the truck, 74-year-old John Duarte, has been charged with failing to yield to a pedestrian. It is not known at this time whether more charges will be field against the trucker now that Amaral has died.

Elderly seniors are at higher risk of becoming involved in a Boston pedestrian accident than their younger pedestrian counterparts. Old age, injuries, and disabilities may make them slower to cross the street. Prescription meds can also dull their reaction time, while their reflexes may have slowed with age. Also, as the Federal Highway Administration reports, pedestrians in the 65 and over age group are two to eight times at greater risk of dying than younger pedestrians. One reason for this is because older people can have a harder time recovering from serious injuries.

While there are steps that pedestrians can definitely take to avoid becoming involved in a Massachusetts traffic crash, motorists must exercise the proper care and attention when driving so that they don’t accidentally strike anyone. Usually, it will be the pedestrian who suffers the more serious injuries.

Wheelchair-bound man, struck by oil truck, dies, South Coast Today, February 24, 2011
Wheelchair-bound Man Struck by Oil Truck in New Bedford, Boston Car Accident Lawyer Blog, January 13, 2011

Related Web Resource:
FMCSA

More Blog Posts:
Massachusetts Woman Dies in Tractor-Trailer Accident, Boston Car Accident Lawyer Blog, April 14, 2010
Medford Car Crash Kills Dracut Man, Police Investigating Accident, Boston Car Accident Lawyer Blog, December 20, 2010 Continue reading

February 12, 2011

Is the State Doing Enough to Prevent Massachusetts Car Crashes and Discourage Drunk Driving?

by Altman & Altman

The National Transportation Safety Board says that Massachusetts ranks among the worst states when it comes to adopting federal drunk driving recommendations because it has only put into effect just 4 of the agency’s 11 recommendations for keeping repeat drunk drivers off the streets. This news raises the question, is the state doing enough to get drunk drivers off the road so that the number of Massachusetts car accidents that happen each year goes down?

Our Boston injury lawyers talk to families on a regular basis that have suffered inconsolable losses because a drunk driver got in a car and fatally struck a loved one. Adopting tougher measures to prevent drunk driving can only save lives.

Among the NTSB’s recommendations:

August 7, 2010

Boston Tanker Truck Accidents Can Cause Serious Injuries

by Altman & Altman

This week, the National Transportation Safety Board held a hearing to determine what needs to be done to prevent tanker trucks that carry hazardous materials from rolling over. The meeting comes nine months after a tanker rollover accident on I-465 last October that caused a massive fireball, destroyed a bridge column, and injured four people, including the tanker driver. The truck was hauling almost 12,000 gallons of liquefied petroleum.

Because cargo tanker trucks are designed with high gravity centers, they have a higher rollover risk than other vehicles. This can prove catastrophic-especially when the truck is transporting hazardous materials.

Consider that 31% of fatal commercial truck rollovers involve tanker trucks. Currently, however, the federal government does not require that manufacturers build trucks with lower gravity centers.

Our Boston tanker truck accident lawyers believe that anything that can be done to prevent such dangerous traffic crashes from happening is a positive step toward saving lives. It is important that Massachusetts truck crash victims realize that they have legal options that can allow them to receive compensation from negligent parties.

According to the NTSB, driver error is responsible for 78% of cargo truck accidents. The safety board is trying to determine whether electronic stability systems, like those required in newer cars, would prevent tanker truck rollovers. Sensors could let a truck’s onboard computer know when the weight is about to change and the brakes would automatically activate until balance was be restored. This could be especially helpful when trucks are driving too fast as they make their way around a curve or are entering or exiting a highway ramp. Approximately 1,260 cargo tanker rollovers occur each year.

It was just last month that the federal government lifted Boston’s temporary ban on hazmat trucks. They can now travel through the city’s North End. While the route should get the trucks through the city faster, some residents are concerned that such hazardous loads are making their way through the area. The city and state are hoping to get a permanent ban in place.

NTSB probes rollovers by hazmat tanker trucks, AP, August 3, 2010
Cause of tanker blast that shut I-465 studied, IndyStar, August 5, 2010
Hazmat Trucks Allowed Again In Boston’s North End, WBZ, July 1, 2010

Related Web Resources:
National Transportation Safety Board

National Highway Traffic Safety Administration
Continue reading

May 18, 2010

Preventing Boston Truck Accidents: City Gets 45-Day Extension Before Ban Barring Commercial Trucks from Transporting Hazardous Materials in the Daytime is Lifted

by Altman & Altman

One day after federal officials lifted the city of Boston’s ban on trucks transporting hazardous materials, the Federal Motor Carrier Safety Admission has given the city a 45-day extension on the ban. However, city officials don’t believe this is enough time to finish a safety analysis to justify the need for why the ban should stay in effect.

For the first time 2006, trucks transporting hazardous substances, including gasoline, propane, and oxygen, were allowed for one day to travel between 7am and 6pm through Boston’s streets. Also, whereas before trucks could only travel at night and on a route (Cross Street by the Greenway) that is considered safer because there are more traffic lights, commercial trucks were allowed through Commercial Street in the North End. However, for the next 45 days, the extension puts the old restrictions back in place.

Our Boston truck accident lawyers believe that it is important that trucking companies, truck industry officials, the state, and the federal government continue to do what is necessary to prevent Massachusetts truck crashes and the resulting injuries, exposure to hazardous substances, and deaths that can result. We are here to help Massachusetts truck crash victims obtain compensation from all liable parties.

In other truck safety news, the FMCSA is launching its Pre-Employment Screening Program. Commercial motor carrier companies will now be able to look at driver inspection and crash records when determining whether to hire a prospective candidate. PSP reflects the US Department of Transportation’s commitment to making sure that the safest drivers are the ones driving large trucks and buses.

Boston gets 45-day extension of truck ban, Boston.com, May 18, 2010
FMCSA Launches Pre-Employment Screening Program, US Department of Transportation, May 11, 2010

Related Web Resources:
Federal Motor Carrier Safety Administration

Pre-Employment Screening Program
Continue reading

April 15, 2010

$1.8 Million Wrongful Death Settlement Reached Between Massachusetts Methadone Clinic and Mother of 8-Year-Old Girl Killed in Marlboro Truck Crash

by Altman & Altman

Kayla Lackey’s mother Erin has reached a $1.8 million wrongful death agreement with Community Health Care Inc., a for-profit Massachusetts methadone clinic in Chicopee. Kayla was just 8 when she died in a Marlboro truck accident in April 2005 on Route 9. Stephen Fairchild, the driver of the pickup truck that struck the truck that Erin, Kayla, and two of her cousins were riding, was a patient at the clinic. He died from injuries he sustained during the truck crash.

Autopsy findings indicate that at the time of the head-on truck crash, Fairchild’s methadone level was “peaking.” He also had recently used marijuana and cocaine.

In 2007, Kayla’s estate sued the clinic and Putney doctor Walter Slowinski over the truck crash that claimed the young girl’s life. Slowinski, who prescribed anti-anxiety medication to the Fairchild while he was taking methadone, settled with the estate earlier this year.

February 5, 2010

Preventing Boston Motor Vehicle Accidents: Massachusetts House Passes Measure Banning Handheld Cellphones and Texting While Driving

by Altman & Altman

The Massachusetts House passed a measure that would not only bar drivers in the state from talking on handheld phones, but also would prohibit them from texting while driving. The bill is the latest attempt by lawmakers to decrease the number of distracted driving accidents. A similar measure died in the Massachusetts Senate last year.

If these proposals become law, Massachusetts would be the 20th state, in addition to Washington DC, to ban texting while driving and the 7th state to ban handheld phones. Drivers under the age 18 would be prohibited from using any kind of cell phone when there are behind the steering wheel of a car.

The National Safety Council says that at least 1.6 million US car accidents occur every year because a motorist was talking on a cell phone or texting. While texting is even more dangerous than talking on a phone, because so many more people talk on the phone while driving it is the cause of more motor vehicle accidents. Drivers who text message cause 200,000 car crashes annually, while motorists who talk on cell phones cause 1.4 million auto collisions.

Distracted Driving Accidents
Talking on the phone and text messaging while operating a vehicle are now considered distracted driving activities that can be cited as grounds for a Boston injury lawsuit or a Massachusetts wrongful death complaint.

This latest Massachusetts measure also calls for drivers older than 75 to undergo a vision test every five years before they can renew their driver’s license. The AARP disagrees with any rules that single out elderly motorists solely based on age. However, concern has been growing in the state over the recent number of Massachusetts car accidents that have involved elderly drivers whose waning mental and sensory faculties appeared to have contributed to causing traffic collisions that injured others.

Mass. House OK’s driving safety bill, Boston.com, February 5, 2010
National Safety Council Estimates That At Least 1.6 Million Crashes Are Caused Each Year by Drivers Using Cell Phones and Texting, PR Newswire, January 12, 2010

Related Web Resources:
National Safety Council

Cell Phone Laws, Insurance Institute for Highway Safety Continue reading

January 29, 2010

US Department of Transportation Bans Commercial Bus Drivers and Truck Drivers from Texting while Driving

by Altman & Altman

The federal government has issued a nationwide ban that bars commercial truckers and bus drivers from text messaging while operating their vehicles. This ban goes into effect right away and any bus operators or truck drivers who are caught texting while driving are subject to a maximum $2,750 maximum penalty.

This prohibition is part of the Obama Administration’s efforts to curb distracted driving. Talking on a cell phone and texting while driving have proven particularly dangerous, and people have died in motor vehicle crashes throughout the US as a result.

Just last May 49 people were injured in a Boston MBTA trolley accident because the 24-year-old conductor was texting his girlfriend. While MBTA operators of buses, trains, and streetcars are no longer allowed to carry cell phones while on the job, among the rest of the Massachusetts driver population only school bus drivers are prohibited from talking on a cell phone while driving. Unlike a number of other US states, Massachusetts currently does not have a law banning drivers from texting or talking on handheld cell phones. However, yesterday the Joint Committee on Transportation approved a bill banning all drivers in the state from texting. It also bans drivers under 18 from talking on a cell phone. The Massachusetts Senate and House must approve the bill before it can become law.

Truck drivers who text reportedly increase their Massachusetts truck crash risk by up to 23 times. Truckers and bus drivers who text inevitably have to take their hands off the steering wheel and their eyes off the road. When this occurs, a public bus, a school bus, a tractor-trailer, a semi-truck, or an 18-wheeler truck turns into a dangerous and deadly fast-moving vehicle. Meantime, Some US Senators are calling on the US Transportation Department to extend its federal texting ban to all motorists.

It is never a good idea to text message or surf the Web while driving. In the event of a catastrophic Massachusetts motor vehicle collision, the negligent driver can become the defendant of a Boston injury case.

Mass. lawmakers propose law to ban text messaging while driving, Masslive.com, January 28, 2010
Senators urge expansion of federal ban on texting by truckers, bus drivers, StarGazette, January 26, 2010
U.S. Transportation Secretary Ray LaHood Announces Federal Ban on Texting for Commercial Truck Drivers, US Department of Transportation
MBTA: Conductor in Boston trolley crash was texting his girlfriend, Boston.com, May 8, 2009
Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association
Federal Motor Carrier Safety Association
Continue reading

November 6, 2009

Boston Injury Accidents Caused by Drowsy Driving Are Preventable

by Altman & Altman

A 2009 poll conducted by the National Sleep Foundation reports that in the last year, up to 1.9 million US motorists have either been in a motor vehicle accident or were nearly in an auto collision because they were drowsy while driving. 105 million motorists admitted that they’ve driven while sleepy in the last year, while 54 million drivers say they drowsy drive at least once a month.

What many of these drivers don’t understand is that drowsy driving is extremely dangerous. It one of the most common causes of traffic crashes. The National Transportation Safety Board says that 250,000 US drivers a day fall asleep while operating a vehicle. This causes 60,000 serious injuries and 8,000 deaths a year.

Boston car crashes, truck accidents, bus collisions, and pedestrian accidents are not the only kinds of traffic collisions caused by drowsy driving. The NTSB recently announced that drowsy driving was the likely cause of the deadly MBTA train crash in Newton last year involving two green line trains. The safety board says train operator Terese Edmonds may have fallen asleep at the wheel. She may have been suffering from obstructive sleep apnea.

Excessive sleepiness can impair a motorist, resulting in slower reaction times, distracted driving, decreased cognitive performance, various mood swings, and slowed reflexes. These side effects can prove tragic on the road, where a motorist may have a hard time driving in a straight line, fail to notice exit signs, miss traffic signs, and not realize that he or she is tailgating the vehicle ahead.

While it is tragic that so many people are injured in motor vehicle crashes caused by drowsy drivers, the good news is that drowsy driving accidents are preventable.

The National Sleep Foundation has declared November 2-8 Drowsy Driving Prevention Week. The intention is to make more motorists aware about the dangers associated with drowsy driving and falling asleep at the wheel.

1.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, November 2, 2009
Drowsy-driving tragedies preventable, Boston.com, August 3, 2009

Related Web Resources:
National Sleep Foundation

Drowsy and Distracted Driving, NHTSA Continue reading