Boston Injury Attorney Blog

Last month, the National Transportation Safety Board (NTSB) recommended a full national ban on the use of cell phones, including non-emergency calls and text messaging, while driving. If adopted by states, including Massachusetts, any use of either hand-held or hands-free devices while driving will be entirely banned.

The NTSB is fervently recommending the total ban on cell phones as distracted drivers and car accidents are responsible for an increasing number of car accident injuries and deaths, in Massachusetts and across the nation. The NTSB fears that as the number of portable smart phone users continues to dramatically increase, the risk of car accidents because of their use while driving will follow.

In a study released by the National Highway Traffic Safety Administration (NHTSA), at any given time during the day, a staggering 13.5 million drivers are on hand-held phones. The NHTSA claims that last year alone, distracted driving was blamed for at least 3,092 fatalities on the road. In Massachusetts, there were over 400 reported car crashes where cell phone usage was deemed a contributing factor. Those numbers, in Massachusetts and on the national stage, are likely higher in reality, where distracted drivers involved in car accidents are often hesitant to confess cell phone use, especially when personal injuries and/or fatalities result. According to NTSB member Robert Sumwalt, "This (distracted driving) is becoming the new DUI. It's becoming epidemic." In fact, distracted driving has become so prevalent that accident investigators, in Massachusetts and across the nation, now often seek protective orders to preserve cell phones as evidence.

Pursuant to current Massachusetts law, there is a complete ban on texting-while-driving. Any motorist caught texting behind the wheel faces a $100 fine for a first offense and up to $500 for repeat offenses. The law is even more stringent for teen drivers, who most frequently practice the unsafe habit. Adolescent drivers under age 18 who are caught texting will be fined $100 and lose their license for 60 days. Massachusetts was the 30th state in the nation to launch a texting ban. According to Senator Steven A. Baddour of Methuan, Massachusetts, Chairman of the Joint Committee on Transportation, "This law sends a clear message to all drivers regardless of age that when behind the wheel, your primary focus should be driving." Boston personal injury attorney Peter Bellotti agrees with this sentiment, adding that "as smart phone use continues to be more and more prevalent, we must remember that when we're behind the wheel, our focus should be on driving to minimize the risk of car accidents."

The car accident attorneys at Bellotti Law Group are well aware of the risks of personal injury and/or death associated with distracted driving. Most often, personal injuries from motor vehicle accidents are the result of another driver's negligence. The personal injury lawyers at our firm are well versed in the law and experienced in obtaining the compensation deserved by drivers injured as a result of another's negligence. We ensure that your medical bills and paid and normalcy is restored to your life. We work with insurance companies to obtain the best possible settlement and if necessary meticulously prepare to litigate on your behalf.

Bellotti Law Group has successfully handled thousands of cases in Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Contact us today at 617-225-2100 or toll-free at 800-334-3476. You can also contact us through our online form and we will promptly respond.

Earlier this week, a pedestrian accident claimed the life of a Haverhill, Massachusetts woman, when a 37-year-old drunk driver ran her car into the victim. The woman was killed outside of Heavenly Donuts in Haverhill, when the car struck her from behind. The drunk driver was arrested at the scene of the car accident and charged with operating under the influence (OUI) and motor vehicle homicide.

In recent weeks, Massachusetts has seen several fatal drunk driving accidents.

Earlier this month, a 22-year-old Haverhill woman and Framingham State University student was charged with operating under the influence and motor vehicle homicide after killing a fellow Framingham State student on Badger Road. Three passengers in her car sustained serious personal injuries. The college student was arraigned this week in Framingham District Court and faces charges of vehicular homicide and operating under the influence (OUI) causing serious bodily harm.

In Massachusetts, operating under the influence (OUI) is a rigorously enforced crime. A driver is considered to be under the influence of alcohol if he has at least a .08 blood alcohol content (BAC). If a driver refuses a breathalyzer after an OUI arrest, his drivers' license will automatically be suspended for at least 180 days. If he has three or more prior OUI convictions, his license may be revoked for life. On the other hand, if the driver submits to the breath test and has a BAC of .08 or higher, his license will be suspended for at least 30 days.

OUI charges and pedestrian accidents should be faced with the assistance of savvy and experienced Boston personal injury lawyers and Boston criminal defense lawyers. At Bellotti Law Group, our personal injury and criminal defense attorneys have represented both victims and those involved with criminal cases and investigations.

At Bellotti Law Group, our Boston personal injury lawyers and Boston criminal defense lawyers have the knowledge, experience, and legal acumen to represent your interests both as an injured plaintiff and a criminal defendant.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. We have offices in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476. You can also contact us through our online form and we will promptly respond.

Nearly all drivers can remember the excitement and responsibility that comes with obtaining a driver's license. While gaining the right to drive in Massachusetts is undoubtedly a celebrated right of passage for many Massachusetts teens, statistics show that adolescent drivers are at a much higher risk for car accidents and personal injuries behind the wheel. The Massachusetts "Graduated Licensing Law/Junior Operator's License" aims to reduce to number of teenage driving injuries and deaths in the state, by requiring drivers under age 18 to follow a three-step process before obtaining a full driver's license.

According to the Massachusetts Department of Transportation, motor vehicle accidents are the number one killer of teens in the United States. Further, new drivers are four times more likely to be killed and 14 times more likely to be injured than any other group. Boston attorney Peter Bellotti notes that "while speed and inexperience are the two most common causes for teen car accidents and fatalities, other contributing factors like peer pressure and texting while driving add to the increased risk." Still, because inexperience behind the wheel remains the most publicized risk factor, Massachusetts employs a graduated licensing program to ease teens into full driver's licensure.

The first step for Massachusetts adolescents over age 16 is to apply for a learner's permit. This requires a visit to a Massachusetts Registry of Motor Vehicles office, where the teen must sit for a learner's permit test. The test consists of 25 multiple choice questions regarding traffic laws in the state and the examinee must answer at least 18 questions correctly to obtain a learner's permit. This permit allows drivers a 6-month minimum period, with some restrictions, to begin practicing their driving skills. These restrictions include not driving alone (permit holders must have another licensed driver over age 21 in the vehicle) and not driving between the hours of 12:30 a.m. and 5:30 a.m., unless accompanied by a parent or legal guardian.

The second step, which must be completed during the learner's permit window, requires completing a Massachusetts drivers education program. The class must be state approved and include 30 hours of classroom time, 12 hours of actual driving, and 6 hours of "in car" observation. The applicant must also complete 40 hours of outside driving with a licensed parent or guardian.

The third and final step for drivers under age 18 is to obtain a Massachusetts "junior drivers license" by passing a road test. This junior license allows a driver to be on the road without a supervising driver, but other restrictions are imposed. The curfew is still in place until age 18, and junior license holders cannot have any passengers under age 18 in their vehicle, unless they are immediate family members or a supervising driver is also present. If a clean driving record is maintained for 6-months while holding a junior license, the license can be upgraded to a full Massachusetts driver's license, without restrictions. Failure to follow these rules, however, can result in a fine or suspension of a junior license.

It is encouraging to see that Massachusetts employs the Graduated License Law in an effort to combat teen driving injuries and fatalities and to make Massachusetts roads safer for all motorists. Still, parents should always encourage their teens to practice safe driving, avoid speeding, distractions such as texting while driving, and to limit driving with other adolescents while they are honing their skills behind the wheel. A Massachusetts Drivers Manuel can be obtained here, to learn more about traffic laws and driving guidelines in the state.

Continue reading "Massachusetts "Graduated Licensing Law" Aimed at Reducing Teen Accidents" »

Tires flying from the bed of a truck on I-93 were to blame for a fatal car accident in Medford, Massachusetts, which claimed the life of a 27-year-old man from Lynn. The motor vehicle accident occurred just before 3 p.m. on September 19, near Exit 30 in Somerville. The 400-pound tire fell off the bed of the truck, bounced over the barrier, and collided with the victim's vehicle in the northbound lane.

Medford firefighters rushed to the scene, but were not able to save the man's life. According to The Boston Globe, car was wedged between the north and southbound lanes of traffic on Interstate 93 when the Jaws of Life were used to remove the victim from the vehicle. He was then rushed to Massachusetts General Hospital and later pronounced dead. Massachusetts State Police are currently investigating the accident to determine if criminal charges are warranted. The truck accident which resulted from carrying the unsecured cargo is registered to Ryder Truck in Braintree, Massachusetts and was leased by Sullivan Tire, a Massachusetts company.

According to Massachusetts motor vehicle accident lawyer Peter Bellotti of the Bellotti Law Group, "Under Massachusetts law, all commercial drivers are required to ensure that their cargo is safely restrained." Additionally, since interstate travel is often involved, there exist a number of federal regulations regarding cargo carried by trucks, including weight limits. Federal regulations, like Massachusetts state law, also require truck companies to properly secure their cargo before hitting the road. Failure to follow these guidelines can result in liability for damages, injuries, and/or death, for both the truck driver, and vicariously, for the parent truck company. Thus, in this case, if investigators find that either the driver or his company was negligent in securing the load, liability for the accident may be imposed.

Continue reading "Unsecured Cargo Accident Kills Lynn, Massachusetts Man on 1-93 " »

In August, the New Balance Hubway bike-sharing program was launched at City Hall Plaza in Boston. Salem has also implemented its own bike-sharing plan while Somerville may start one within the year.

While many are excited about the new cycling opportunities, some are concerned about a possible increase in bicycle accidents and injuries. The Boston Hubway program consists of more than 60 kiosks scattered around the city, which allows bicyclists to rent one of 610 available bikes. A rental costs $5 for a 24-hour period or $12 for a 3-day rental. An annual Hubway membership is priced at $85.

Like all bicyclists, Hubway users are urged to ride with caution and to abide by all traffic laws to avoid Boston bicycle accidents. It is important to remember that all traffic rules and regulations apply to equally to automobiles and bicycles in Massachusetts.

Unfortunately, bicycle accidents causing injury and/or death are not uncommon. A 2009 study conducted by the National Highway Traffic Safety Administration (NHTSA) found that there were 10 bicyclist deaths in Massachusetts and countless more injuries. As such, some common riding procedures should be practiced to prevent bicycle accidents:

- Wearing bright colored clothing, especially at night.

- Riding with the flow of traffic, not against it.

- Riding only in bicycle-safe pathways and roads, never on highways or congested streets.

- Riding defensively and leaving room to react to any unforeseen automobile maneuvers.

Click here to learn more about bike sharing in Boston.

Continue reading "Boston Launches Hubway Bicycle Program With Goal for Safety" »

In the early morning of June 19th, a Massachusetts motorcyclist was killed after colliding with another motorcycle on the Massachusetts Turnpike in Natick, near the Weston, Massachusetts line. According to Massachusetts State Police, the fatally wounded victim was a 40-year-old man from Springfield, Massachusetts. The other motorcyclist the man collided with was a 43-year-old Northborough, Massachusetts resident. That man suffered serious injuries and was send to the MetroWest Hospital.

In a study by the National Highway Traffic Safety Association (NHTSA), there were 54 fatal motorcycle accidents in Massachusetts in 2009. Only 25 percent of all motorcycle accidents were single-motorcycle crashes. Instead, most involved other motor vehicles. Motorcyclists have the same legal rights as other vehicles on the road. Motorcyclists also have a duty to abide by traffic laws and driving regulations.

Massachusetts bikers are protected under state law, which makes negligent drivers responsible and liable to injured motorcyclists. A motorcyclist involved in a motorcycle accident can be compensated for any injuries caused by another driver's negligence. Damages can include medical expenses, pain and suffering, loss of employment, loss of daily enjoyment, etc.

Continue reading "Motorcyclist Killed on Massachusetts Turnpike in Natick, Massachusetts" »

Early on June 12th, two Boston, Massachusetts women suffered injuries after they were struck by a taxi cab in Boston's South End. The accident occurred at around 1:15 a.m., near Beacon and Mountfort Streets. Although the injuries were described by Boston police as non-life threatening, the two women were transported to area hospitals for treatment. The 24-year-old was taken to Beth Israel Hospital and the 26-year-old was taken the Mass. General Hospital.

The accident remains under investigation and thus far no charges have been filed. A taxi cab, like any other vehicle on the road, must adhere to all traffic and safety laws. Like all other motorists, taxi drivers must also practice safe driving. Additionally, the owner of a tax cab may be liable, vicariously, for their employees actions, so long as the driver is acting within the scope of his duties when the accident occurred and is currently in an employment relationship with the company.

In this case, since the taxi driver was on duty and on his designed route when he struck the two women, both he and his company are potentially liable if suit were to be filed.

Continue reading "Two Women Struck by Taxi Cab in Boston's South End" »

Last March, a Salem, Massachusetts man was killed in Boston after his vehicle collided with hand railings in the city's "Big Dig" tunnel system. On May 11, the man's widow filed a wrongful death suit in Suffolk Superior Court against the railings' contractors. Sadly, there have been eight other motorists killed after striking the dangerous rails in the Big Dig on nearly the same stretch of road. Massachusetts safety specialists have publicly criticized the railings' design, claiming that the posts have sharp edges and wide spaces, which could entangle ejected motorists and cause serious injuries or traffic fatalities.

Massachusetts transportation officials promised last April that thousands of feet of the railings would be removed and a chain-link fence would be constructed to better protect motorists. The railing system cannot be removed entirely, however, as it serves to keep Big Dig workers from falling into traffic. Adam Hurtubise, Massachusetts Department of Transportation spokesman, told the Boston Globe that state and city officials have agreed on which railings to remove, but must gain federal approval before any action can be taken

The railings can be especially dangerous for motorcyclists, who do not have the same outward protection from impact as traditional vehicles. Unfortunately, a Massachusetts State Trooper was killed last year when his motorcycle crashed into the dangerous hand rails. His estate was awarded $9 million in a wrongful death settlement with the state and Big Dig contractors.

The particular hazards these railings pose to motorists. Particular caution should be practiced when driving through this stretch of the Big Dig. It is hard to imagine federal officials not approving the plans of the Massachusetts DOT to make the stretch of road safer.

Continue reading "Suit Filed in Massachusetts Over Motorist Fatality Caused by "Big Dig" Railings" »

Reports of motorcycle crashes causing personal injury and death in Massachusetts have been almost a daily occurrence since late last month. The first motorcycle accident fatality of the spring occurred on April 29, when a Haverhill, Massachusetts man was killed in a single-motorcycle crash on Kingsbury Ave. in Haverhill. On May 2, a Milford, Massachusetts man was fatally injured in a motorcycle crash on I-290 East in Shrewsbury, Massachusetts. According to the Boston Herald, the 48-year-old died after a motor vehicle crash into with a sign on the highway median near exit 23A. On May 3, a woman died in Roxbury, Massachusetts, when her scooter crashed at the intersection of Blue Hill Ave. and Dudley St.

The most recent motorcycle accident, reported on May 5, involved a 42-year-old Middleboro, Massachusetts biker, who crashed into another vehicle in Middleboro, Massachusetts, and fled the scene of the traffic accident. The operator of the motorcycle, Richard Hasomeris, was involved in the accident on I-495, near exit 4 in Middleboro. He was treated for minor injuries at Morton Hospital in Taunton, Massachusetts hospital and being charged with driving while intoxicated (DWI), leaving the scene of an accident, and negligent operation of a motor vehicle. He has been summonsed to appear in Middleboro District Court.

According to a study by the National Highway Traffic Safety Association (NHTSA), there were 54 fatal motorcycle accidents in Massachusetts in 2009. Only 25 percent of all motorcycle accidents were single-motorcycle crashes. Instead, most involved other motor vehicles. Motorcyclists have the same legal rights as other vehicles on the road. Motorcyclists also have a duty to abide by traffic laws and driving regulations.

According to the NHTSA, motorcycle helmets saved 1,829 motorcyclists' lives in 2008. Thus, if you ride a motorcycle, be sure to always wear a helmet and protective clothing to minimize your risk of personal injury or death. Other drivers are often negligent and not respectful of motorcyclists on the road. Drivers and bikers should always practice safe driving and share the road accordingly, because both are treated as vehicles bound by the same laws.

Continue reading "Series of Motorcycle Accidents in Massachusetts Continue to Cause Personal Injury and Death" »

Over the weekend, a 35-year-old man died after he was hit by a car in Massachusetts while crossing Route 145 in Revere, Massachusetts. According to Fox News, Jose Funez, was crossing the road near Winthrop Street at about 7:40 p.m. when he was hit by 29-year-old Jonathan Spano, from Winthrop, who was driving a 2006 Chevrolet Cobalt.

Funez was taken to Massachusetts General Hospital where he was pronounced dead. Witnesses say the dark conditions, color of the car and weather likely contributed to the horrific accident. Police say the incident does not appear to be criminal and no charges will likely be filed in the crash.

Pedestrians are struck crossing roads every day in Massachusetts and one can never be too careful. In Massachusetts, cars are to yield to the right of way of pedestrians. See, M.G.L. c. 89, Section 11.

Continue reading "Pedestrian Death in Massachusetts" »

Recently, Kunal Motwane, 25, died after crashing into an unoccupied Weston, Massachusetts toll booth after being chased by police. In November of 2008, Jesus Munoz, 23, of Webster, Massachusetts was killed when his car went off the road and struck concrete barriers ahead of the Allston-Brighton Massachusetts tolls. In March 2007, a Fung Wah bus full of passengers became wedged atop a concrete barrier at the Weston, Massachusetts toll booths during the morning commute, after the driver realized he was in the wrong lane and tried to reverse course.

According to the Boston Herald, last weeks' chain-reaction crash that left beef strewn across the Massachusetts Turnpike, may signal that the state needs to replace its antiquated toll-taking system. Two tractor-trailers collided as they approached the Weston toll plaza, striking a Toyota whose passenger was paying a toll, and a third truck also was struck. Apparently, the accident is typical of collisions caused when drivers quickly switch toll lanes or abruptly reverse and try and dart into another lane, said Mary Connaughton, a Turnpike board member.

While toll booths are a hazard, two years ago, the Pike passed on a system that would replace tolls by capturing transponder information from a suspended bar. The reason, she said, was the cost was "prohibitive." According to Colin Durrant, a MassHighway spokesman, it was too early to say the toll plaza configuration was to blame for last week's crash.

Continue reading "Massachusetts Tolls Cause Accidents" »

Massachusetts's law requires seat belts to be worn by all occupants when riding in a private passenger motor vehicle, including vans and trucks.

In Massachusetts, all drivers and passengers who are 12 years old and older must wear seat belts. Exceptions include: (1) Drivers and passengers who have proof from a physician that a disability or medical condition makes wearing a seat belt dangerous or impossible; (2) Drivers and passengers of vehicles made before July 1966; (3) Taxi, livery, tractor, bus, and truck drivers (the truck must have a gross weight of at least 18,000 pounds); (4) Emergency vehicle passengers and police and fire vehicle drivers; and (5) Postal workers on duty.

As to child safety seats, children 12 years old and younger must ride in federally approved child safety seats until they are five years old and weigh at least 40 pounds. Children older than five but younger than 12, who weigh more than 40 pounds, must ride in booster seats or use safety belts. It's crucial to note that age does not determine when a child no longer requires a safety seat; rather it is the weight of the child that determines the need for a safety seat.

Despite laws requiring the use of seat belts, car accidents occur everyday and personal injuries occur.

Continue reading "Massachusetts Seat Belt Laws and Child Safety Restraints" »

Elderly drivers causing car accidents in Massachusetts is a news story on a regular basis. The Boston Globe reported on October 14, 2009, that a 93-year old was to be arraigned for stepping on the gas instead of the brakes, ending up inside a Danvers Walmart on June 2. The crash left a Gloucester mother and her 1-year-old daughter injured.

The crash was just one of several incidents involving elderly drivers in Massachusetts.

Legislation has been filed on Beacon Hill that would require drivers 85 years or older to pass road and vision tests to get their licenses renewed. However, is an "age-based" legislation the best solution, or medical decisions the criteria to use. In some states, doctors are legally mandated to report impaired drivers, who may be of any age. In Massachusetts, the Registry of Motor Vehicles gets reports of impaired drivers from family members and police and has reviewed the medical records of 8,000 drivers of which 3,000 have voluntarily given up their licenses.

Governor Deval Patrick wants to make testing of drivers 85 and older mandatory every five years. New Hampshire already requires road testing for drivers 75 and over. Legislation has also been filed to require doctors to alert the Registry of Motor Vehicles to cognitive and physical impairments that affect their patients' ability to drive, regardless of their age.

Whatever changes in the law are made, they need to be fair to all drivers.

Continue reading "Elderly Drivers Cause Accidents In Boston" »

Texting while driving causes personal injuries. Common sense dictates that it is impossible to keep an eye on the road and text. Use of cell phones diminishes the ability to drive safely. Driving while texting is essentially driving blind.

Massachusetts is one of 21 states currently considering legislation that would ban texting while driving. Twelve others have already passed bans including Alaska, Arkansas, California, Connecticut, Louisiana, Maryland, Minnesota, New Jersey, Tennessee, Utah, Virgina and Washington. Washington, D.C. has also outlawed the behavior.

In Massachusetts this past May, the Senate dropped its longstanding opposition to a ban on texting while driving laying the groundwork for a prohibition in Massachusetts after several tragedies caused by distracted drivers. The Senate vote came less than two weeks after Aiden Quinn, a 24-year-old MBTA operator, told authorities he was sending his girlfriend a text message when he missed a red light and slammed into a stopped trolley near Government Center Station. The crash destroyed three trolleys and injured nearly 50 people.

A bill currently pending in the federal government would give federal funds to states that forbid driving while texting or talking without a hands-free device. It could pass this year. Amid calls from the Obama administration and traffic safety advocates to ban texting and talking on hand-held cell phones while driving, Sen. John D. Rockefeller IV (D-W.Va.) has thrown his support behind the effort -- a sign that the Senate could pass such legislation this year.

Continue reading "Boston Cell Phone Use Causes Auto Accidents " »