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The issue of truck safety has been in the news lately. Last week, the National Highway Traffic Safety Administration introduced new braking standards for truck drivers that the federal agency says will save 227 lives a year and prevent 300 serious injuries from happening. The NHTSA’s new standards requires tractor-trailer drivers to improve their stopping distance by 30%. Truckers traveling at 60 mph will now have to come to a complete stop in 250 instead of 355 feet.

Large truck crashes continue to claim more than 4,000 lives a year. In 2008, 4,229 people died in large truck collisions in the US.

With the latest findings issued from a study by the Virginia Tech Transportation Institute, it’s interesting to wonder how many of these truck injuries and deaths could have been avoided if certain large truck drivers hadn’t been texting while driving.

The study found that texting while driving increases a large trucker’s crash risk by 23 times and that texting truckers have been known to spend nearly five seconds just looking down at their phone or PDA-meaning that those few precious moments spent with their eyes off the road are moments when their crash risk increased dramatically.

Our Boston truck accident law firm cannot stress how dangerous it is for a truck driver-or any driver for that matter-to take their eyes off the road for any length of time. The study is quick to point out that it takes a truck just 4.6 seconds while going at a speed of 55mph to travel the full length of a football field.

Massachusetts currently does not have a law banning texting while driving-although this week lawmakers in the US Senate called for all states to ban texting for motorists or suffer a decrease in highway funding. Yet the dangers of this bad habit are not foreign to lawmakers in this state.

In May, a texting Green Line operator caused an MBTA train accident that injured 62 passengers. Aiden Quinn pleaded not guilty to charges of gross negligence. The train traveled for nearly 600 feet and Quinn ran a yellow light and a red light while he communicated with his girlfriend. By the time he took his eyes off the cell phone, the train he was operating was 8 feet from another trolley. The rear-end Massachusetts train crash caused 9 million in property damage.

New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction, Virginia Tech, July 29, 2009
Study: Texting while driving more dangerous for truckers, CNN, July 28, 2009
Tough New Braking Rules For Large Trucks Will Save Hundreds of Lives Annually, NHTSA, July 24, 2009
Green Line operator in court to face negligence charge, Boston.com, July 20, 2009

Related Web Resources:
Air Brake Systems, NHTSA (PDF)
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A deadly wrong-way driving crash claimed the lives of 8 people in New York on Sunday afternoon after a minivan traveled the wrong way on a suburban parkway for almost 2 miles before striking another car. Killed in the deadly motor vehicle collision were the minivan’s driver, 36-year-old Diane Schuler, her 2-year-old daughter Erin, three of her nieces, Emma, 9, Alison, 7, and Kate, 5 (her three nieces are the daughters of her brother, Warren Hance, who owns the minivan), driver Guy Bastardi, his father Michael, and Daniel Longo. Schuler’s 5-year-old son Brian, who was also riding in the minivan, sustained a head injury and is in a hospital.

Schuler’s Ford Windstar reportedly entered the Taconic State Parkway through it’s exit ramp. The minivan then crossed three lanes and drove around oncoming traffic for 1.7 miles before striking the Chevy Trailblazer that was transporting the three men. Six motorists reportedly contacted 911 to tell them that the minivan was going the wrong way. The Windstar also hit another vehicle, but fortunately, the driver and passenger only sustained minor injuries.

Police say that Schuler was not under any medication and did not have a history of medical problems that could have contributed to causing the fatal wrong-way crash. Hance says his sister told him just two hours before the fatal crash that she wasn’t feeling well. He says he told her to pull over but he doesn’t know what happened after their phone conversation.

Wrong-Way Driving Crashes
The Fatality Analysis Reporting System says about 350 people die in wrong-driving crashes every year. A wrong-way driving accident can be extremely dangerous not just for motorists and pedestrians that may be caught by surprise when they see a motorist coming toward them while in the same lane, but also for the driver who is driving the wrong-way and for his or her passengers. Wrong-way crashes can lead to fatal head-on collisions.

Boston wrong-way driving crashes can lead to serious injury accidents and deaths.

Cops: NY driver in deadly wrong-way crash felt ill, Boston Herald, July 27, 2009
5-year-old survivor of wrong-way N.Y. crash critical, USA Today, July 26, 2009
Van Drove Wrong Way for 2 Miles Before Crash, NY Times, July 27, 2009
Related Web Resource:
FARS

Car Accidents Overview, Justia Continue reading

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In Mattapan, Massachusetts, an off-duty Boston police dog attacked a woman who was walking her Chihuahua-like pet on Wednesday. The Boston dog bite incident occurred when the police dog ran away from its handler and went after the tinier dog.

As the little dog’s 60-year-old owner tried to protect it, the Boston police dog bit her in the stomach, face, and leg. She was taken by ambulance to Boston Medical Center where she was treated for superficial wounds and her leg was stitched up.

Boston Police Superintendent William Evans says they will look into why the police dog got loose.

Dog Bites
Dog attack injuries can be serious injuries-depending on the size of the dog and type of bite inflicted on the victim. Common kinds of Massachusetts dog attack injuries include:

• Puncture wounds • Cuts • Abrasions • Tissue injuries • Sprains • Rabies or other infections • Crush injuries • Fractured bones • Facial injuries • Sprains • Permanent disfigurement • Facial disfigurement
• Scarring • Deformity • Death
A dog attack can be very traumatic for the victim, who may become afraid of dogs or suffer from post-traumatic stress disorder. Symptoms may include nervousness, depression, and seemingly irrationally fears. A dog bite victim may become scared to leave the house for fear of becoming the victim of another dog attack.

While some dog bite injuries are surface wounds, a dog mauling can also lead to serious, painful, and/or disfiguring injuries that can take a long time to recover from and may require extensive, expensive medical care. Some dog bite scars may be permanent and could seriously impair a person’s self-esteem, social life, and personality.

The state of Massachusetts has strict liability laws when it comes to holding a dog owner liable for injuries sustained by a victim during a Boston dog attack.

Police dog attacks woman in Mattapan, Boston.com, July 22, 2009
K-9 attacks Mattapan woman, Boston Herald, July 22, 2009

Related Web Resources:
So Your Child Wants a Dog, CDC
Liability for damage caused by dog; minors; presumption and burden of proof, Massachusetts General Laws Continue reading

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In the last five days, at least two people died and one person was seriously injured in Massachusetts pedestrian accidents.

On Sunday night, 17-year-old Nicholas Bitsis sustained injuries to his head and body when a car struck him in Seekonk. The driver of the motor vehicle, Margaret Whitaker, is 78. Elderly motorists have recently come under fire in the media for the number of Massachusetts motor vehicle crashes they have been involved in. Lawmakers and others have been calling for tougher laws that would require older senior drivers to prove that they are fit enough to continue driving in the state. The cause of the Seekonk pedestrian accident is still under investigation.

In Westford on Friday, a pedestrian was killed after a tractor-trailer struck him on Route 495S. According to preliminary findings, the victim, a 55-year-old Salem man, appears to have gotten out of his vehicle and was standing next to the break-down lane when the tragic Massachusetts large truck accident happened. Police are continuing to investigate the cause of the Westford pedestrian crash.

On Thursday, another pedestrian sustained serious head injuries when he was involved in a Brighton hit-and-run accident. The victim, Freddy Zepeda, was buckling up his one-year-old child in a car seat when a motor vehicle struck him. Zepeda, 35, eventually died from his injuries.

The driver, 48-year-old Boston resident Cathy Bergin-August, has been charged with leaving the scene of an accident causing death and motor vehicle homicide by negligent operation. Bergin-August is accused of refusing to stop until Boston police apprehended her. There was reportedly a bottle of prescription sedatives in her motor vehicle.

Massachusetts motorists must drive carefully to prevent striking pedestrians, who are prone to catastrophic injuries any time they are involved in a traffic accident.

Bergin-August arraigned on motor vehicle homicide charges, Wicked Local, July 20, 2009
Dad in critical condition after being hit by car in Brighton, Wicked Local, July 16, 2009
Salem man killed on highway, The Salem News, July 18, 2009
Related Web Resources:
Pedestrian Safety Program, NHTSA
Walking Info
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The Supreme Judicial Court has upheld the Massachusetts wrongful death award that a jury gave to the family of a Yarmouth man who died after the bus he was riding was hit by a large security gate arm. The tragic Foxborough, Massachusetts premises liability accident happened in 2003 as the bus was driving through an empty parking lot.

As wind struck a 300-pound metal parking gate that should have been secured, the gate swung open, crashing through the windshield and causing an 8-inch double shafted pole to strike 64-year-old Thomas Kelly. Five other people were injured in the tragic accident. One woman who was injured had to have one of her legs amputated below the knee.

Kelly broke his right leg and mangled his left leg in the accident. After undergoing multiple surgeries, he died several weeks later.

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According to a federal safety panel, Terrese Edmonds, the train operator who failed adhere to a red stop signal, causing the May 2008 Newton, Massachusetts train accident, may have fallen asleep because she was suffering from an undiagnosed sleep disorder.

Tests indicate that there was Doxylamine in Edmond’s urine. The drug is an over-the-counter sleeping aid. Officials say that the 24-year-old train operator should have stopped her trolley for a minute and then kept the train going at 10mph because of the red signal, which indicated there was a train up ahead. Investigators say that instead, the trolley that Edmonds was operating drove into another train at a speed of 38mph.

Seven people were injured in the Newton train crash, which took place in May 2008. The panel says if the Massachusetts Bay Transportation Authority had used an automated train control system, the fatal Massachusetts green line accident could have been avoided. Other MBTA lines use this automatic braking system.

Investigators also say they discovered broken electrical connections between the track sections. Because train operators are not required to report faulty train signals-a safety risk-this also could have contributed to the deadly Newton, Massachusetts train collision.

Other safety issues discovered during the National Transportation Safety Board Investigation:
• No positive train control system.
• Poor coordination between crew members about signal indicators.
• Inadequate reporting requirements regarding possible signal malfunctions.
• Failure to screen rail transit operators for possible obstructive sleep apnea.

Sleep Apnea
This is a common disorder. Because a person may have problems sleeping at night, he or she may be prone to excessive sleepiness during the daytime. Many people don’t know that they suffer from sleep apnea-a condition that can be fatal if the person with this disorder is a truck driver, a train operator, or another motorist behind the wheel of a motor vehicle.

There are tests that the operators of common carrier vehicles can take to determine whether they have this disorder that could put their passengers at risk.

Sleep disorder likely factor in fatal Newton Green Line trolley crash, Boston Herald, July 14, 2009
NTSB executive summary of findings in Green Line crash, Boston.com, July 14, 2009
Conductor Killed In Newton Train Collision, WBZ, May 29, 2008

Related Web Resources:
American Sleep Apnea Association

Massachusetts Bay Transportation Authority
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A Boston woman wants Massachusetts lawmakers to pass a new law that would require local nursing homes to provide nursing home residents and their families with a copy of their rights. Rachel Geller began pushing for the law after her aunt was dismissed from a Jamaica Plain nursing home without warning.

According to Geller, she checked Sally Miller, her aunt, into the Sherrill House Nursing and Rehab Center after paying the Massachusetts assisted living center a $12,000 check. Miller,77, suffered from Alzheimer’s. She died this year.

Miller hadn’t even been at the facility for a full day when she suffered a seizure. The Jamaica Plain assisted living facility sent her to the hospital. After Miller was discharged from the hospital, the Sherrill House Nursing and Rehab Center refused to take her back. Geller had to send her aunt, who cannot speak, to the hospital psychiatric ward for a few weeks.

Geller is accusing the Jamaica Plain nursing home of making up a bogus law that give a Massachusetts nursing home 24-hours to kick out a new patient. It turns, out, however, that there are 10 requirements that must be met before this can happen. The Massachusetts Department of Public Health has determined that the Sherrill House Nursing and Rehab Center did not provide Miler’s family with a safe discharge plan.

Sally’s Law
Sally’s Law, also called Bill 3416, or an Act to Protect Nursing Home Residents, requires that all Massachusetts nursing homes give the family/health care proxy a copy of the laws whenever a new resident is admitted to the facility. Documentation that this action was taken must be provided.

All Boston nursing home resident and other Massachusetts nursing home patients are entitled to certain legal rights. There are also laws in the state that exist that protect these patients’ rights.

Failure to provide Massachusetts nursing home residents with the due care that they are owed can be grounds for a Boston nursing home neglect lawsuit. A long-term care facility can also be sued for Massachusetts nursing home abuse if a patient becomes a victim of sexual abuse, physical abuse, or verbal abuse while staying at the nursing home.

Woman Fights For Nursing Home Law, WCVB Boston, June 19, 2009
Sally’s Law

Related Web Resources:
Massachusetts Nursing Home Ombudsman Program, Caregiverlist.com
Welcome to MassLongTermCare.org
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The holiday weekend turned tragic for a number of Massachusetts car accident victims and their families when eight people were killed and one person was seriously injured in Quincy, Walpole, Attleboro, and Sudbury. According to the Boston Globe, Massachusetts State Police Lieutenant David Wilson said that in his more than two decades reconstructing car accidents, he doesn’t remember so many fatalities in one night.

Amanda Murray, 23, and 20-year-olds Anna Dubois and Nicholas Kelly died early Saturday morning in a Walpole drunk driving accident. The driver of the Jeep Cherokee that they were riding, 31-year-old Jason Spurlin, was Murray’s fiancé. They just had a baby together in May.

Spurlin, who was taken to Beth Israel Deaconess Medical Center following the deadly crash, was arraigned for motor vehicle homicide and drunken driving charges. According to Norfolk prosecutor George Papachristos, Spurlin was driving 70mph in a 30mph zone when he crashed into a tree. There were alcohol bottles in the vehicle.

Another three people died early Saturday morning in an Attleboro rollover accident on 95 North. According to police, Gleidson Pereira, 23, lost control of a 2003 Mazda sedan, which rolled over, striking a number of tree stumps.

Pereira and passengers Lavdeir De Silva, 29, and Ivanildo De Souza, 27, sustained fatal injuries. All of them were declared dead at the Massachusetts site. Another passenger, Samuel Torres-Mendes, sustained serious injuries. All four Plymouth residents victims were not wearing seat belts and were ejected from the motor vehicle during the rollover crash.

Also on July 4, Michael Lally, 19, died in a Quincy traffic accident involving four vehicles. According to police, Lally, who was driving, hit another vehicle. At least two other vehicles somehow became involved in the Massachusetts car accident that caused Lally and his 18-year-old cousin, who was one of the three people riding with him, to get ejected from the vehicle. Lally’s cousin, who was seriously injured, and several others were taken to the hospital following the catastrophic crash.

The 8th fatality was a 22-year-old motorist who lost control of his vehicle in a Sudbury single-crash collision. Investigators say the motorist was driving his vehicle at a high speed when he lost control of his BMW, causing it to go around a guardrail and rolled over.

Eight killed in wrecks before dawn, Boston Herald, July 5, 2009
Horrific night on Mass. roads: 4 crashes, 8 dead, Boston.com, July 5, 2009

Related Web Resources:
Kin of young mom killed in crash rail at driver, Boston Herald, July 6, 2009
What to do after a car accident, MSN Continue reading

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The National Highway Traffic Safety Administration is reporting a 16% drop in the number of Massachusetts traffic deaths between 2007 and 2008. 363 people died in traffic accidents throughout the state last year. 434 people died in 2007.

Worcester County and Middlesex County tied for first place as the counties with the most traffic fatalities-56 deaths each. The state of Massachusetts also saw a decline in the number of drunk driving-related deaths by 20% from 155 fatalities in 2007 to 124 deaths in 2008.

More 2008 Massachusetts Traffic Facts:
227 vehicle occupant deaths 422 drivers that died At least 61 of the drivers were younger than 21 At least 120 of these victims were not properly restrained at the time of their deaths 42 motorcycle deaths-a drop from the 62 Massachusetts motorcycle rider fatalities in 2007 75 pedestrian deaths

Nationally, the US Department of Transportation reported a 9.7% decline in traffic deaths between 2007 and 2008. 37,261 people died in US traffic accidents last year, with substantial drops in nearly every major category, including light truck occupant fatalities and passenger car occupant deaths.

US Transportation Secretary Ray LaHood also noted that the country had implemented major steps to improve road and vehicle safety, increase seat belt use, and decrease the number of drunk driving accidents.

More 2008 US Traffic Statistics:
2,346,000 injuries 11,773 alcohol impaired-related fatalities 5,811,000 traffic accidents 677 large truck deaths
5,290 motorcycle fatalities 4.378 pedestrian deaths 716 pedalcyclist fatalities 23,000 large truck injuries 96,000 motorcycle injuries 69,000 pedestrian injuries 52,000 pedalcyclist injuries
While the overall decline in traffic deaths is of positive note, there are still too many people getting hurt or dying in Massachusetts traffic crashes. In many instances, an injured person’s own motor vehicle or medical insurance is not enough to cover all recovery costs, medical expenses, and lost wages.

Mass. traffic deaths drop 16 percent in 2008, Boston.com, July 3, 2009
Overall Traffic Fatalities Reach Record Low in 2008, NHTSA
Related Web Resources:
View State-by-State 2008 Data, NHTSA
2008 Traffic Safety Annual Assessment- Highlights (PDF)
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In Boston, lawmakers are considering whether to impose stricter driving regulations on elderly senior drivers. The debate comes in the wake of several high profile Massachusetts car accidents this month involving senior motorists.

Just today, an 83-year-old Malden driver faces negligent operation charges following an accident that left a 78-year-old woman with life-threatening injuries. Police want the Massachusetts Registry of Motor Vehicles to evaluate whether the man’s license needs to be revoked.

Already this week the Massachusetts Registry of Motor Vehicles took away the driver’s license of Virginia Nelson, an 86-year-old Malden motorist. She is accused of hitting and seriously hurting an 84-year-old Medford pedestrian in Melrose over the weekend.

The pedestrian, Francis Blomerth, is in critical condition at Massachusetts General Hospital. Melrose officials believe that Blomerth was in the crosswalk when Nelson’s vehicle struck him.

Massachusetts and local police are investigating the Melrose pedestrian accident. At this time, Nelson has not been cited for any crime.

On June 15, elderly motorists were involved in separate Massachusetts auto crashes in Lawrence and Andover. The drivers lost control of their vehicles, striking a lamp post, trees, and cars.

On June 3, a 73-year-old Middleboro driver accidentally drove her minivan into a crowd of people attending a Vietnam War Memorial in Plymouth. Eight people went to the hospital.

On June 2, a 93-year-old driver hurt a mother and toddler in a stroller when he drove his car into a Danvers Wal-Mart. He stepped on the gas pedal because he thought he was stepping on the brake.

Representative Chairman Joseph Wagner says lawmakers are going to put together a comprehensive bill and place it on the “fast track” so that it is ready for a floor vote by September.

The bill calls for elderly drivers to pass a road and vision test every five years after they turn 85 if they want to renew their Massachusett’s driver’s license. Under current state law, individuals must only pass a vision test every 10 years.

There are many reasons why a Massachusetts jury might find a motorist liable for causing your Boston car accident.

Lawmakers hear call for more regulation of elderly drivers, Boston.com, June 30, 2009
Legislators discuss proposed elderly driving bill tomorrow, The Eagle Tribune, June 29, 2009
Driver, 86, has license revoked after allegedly hitting pedestrian, Boston.com, June 29, 2009

Related Web Resources:
Senior Drivers, Insurance Information Institute
Elderly Drivers, DRDriving.org Continue reading

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