Boston Injury Lawyer Blog

Sitting in Boston, the Massachusetts Senate passed a safe driving legislative package that bans texting while driving, requires elderly drivers to submit to license testing, and prohibits junior operators from both texting and talking on a cell phone while driving. The attorneys at the Law Office of Neil Burns have represented hundreds of plaintiffs injured as a result of unsafe driving.
The State Senate's legislation makes texting a primary offense, which means a driver can be pulled over specifically for texting while driving. It also establishes a fine of up to $200, two years in jail, or both for anyone who causes an accident while texting and driving.

The bill also prohibits "junior operators," or those under the age of 18, from both texting and talking on a cell phone while driving; and operators of public transit, including the Massachusetts Bus and Transit Authority and school buses - are prohibited from any use of cell phones, except in the case of an emergency.

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On highways outside of Boston and Route 128, Massachusetts raised the posted speed limit to 65 miles per hour. This was a result of legislation passed in 1995 whereby Congress allowed Massachusetts and other states to raise the posted speed limit. The Law Office of Neil Burns has represented hundreds of individuals injured as a result of speeding vehicles. Massachusetts raised the posted speed limit to 65 mph first on the Massachusetts Turnpike. President Richard M. Nixon established a 55 mph national speed limit on highways during the oil crisis in the 1970s to reduce the country's reliance on imported crude oil. He signed the legislation on Jan. 2, 1974. Thus, some 20 years later, states were then able to set their own speed limits.

Fifteen years after the national speed limit was repealed, some believe going slower on highways is a way to conserve energy and fuel consumption, and remain safer on the roadways. Meanwhile, others maintain that increasing the speed limit has not increased speed-related crashes and does not conserve energy. According to a 2008 study by the National Highway Traffic Safety Administration, of the 34,017 fatal crashes in 2008, 6,908 were reported at speed limits at 60 mph or higher, and 9,794 at 55 mph. In Massachusetts, the number of traffic fatalities went down 16 percent in 2008, from 434 in 2007 to 363. Of that number, there were seven speed-related fatalities reported on interstates with speed limits above, at or below 55 mph. The highest number of speed-related fatalities -- 30 -- were reported at speeds of less than 35 mph.

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Our blog normally does not comment on pending legislation and the political process, however, the bill passed by the Massachusetts House of Representatives in Boston on February 4, 2010, would make it safer for drivers. Period. We would be the seventh state to outlaw the use of cell phones without a hands free device. Thus, drivers would be able to keeps their hands on the wheel and their attention on the road.

While the bill now faces the Massachusetts Senate, and the various lobbyists for and against the proposed law will present their focus there. For example, the AARP will oppose the portion of the bill that imposes a greater penalty on younger and older drivers; the bill imposes a fine of $100 for the first offense on all drivers; however, drivers under 18 who violate the law would have their licenses suspended. The proposed legislation also allows insurance companies to impose surcharges on violators. We would submit to the Massachusetts Academy of Trial Attorneys as to how to respond to new powers to the local insurance industry.

Notwithstanding the process, we would urge our readers and our legislators to hammer out any problems and pass a law that makes our roads safer for all of us.

Under new Department of Transportation regulations, truckers in Massachusetts may not use any device to text message others while operating commercial vehicles. This new federal regulation has come about (not because of common sense, as you would think) but as a result of numerous fatal accidents. The most notorious offense was when two Washington, D.C Metro workers were struck and killed by a maintenance truck, the driver of which was found to be texting; other collisions occur with distractions as well. Fines can be imposed up to $2,750 for truck drivers caught texting. The DOT noted a study that found that while texting, drivers remove their eyes from the road for 4.6 seconds out of 6 seconds.

This follows an Executive Order of October 1, 2009 stating that federal employees "shall not engage in text messaging" when driving. The Order applies to all civilian federal employees. The law existed in California since January 1, 2009.

The new law, however, is broader, as it applies to all citizens, public and private. The DOT has ample research on texting and other driver distraction issues for public use.

I have been representing children who are victims of personal injury in Boston, and throughout Massachusetts, since 1985. Each case is different, however, we have drafted this column for general reference for our clients.

Children are victims of others' negligence in the same ways that adults are. In addition, however, they are often victims because others do not even think that a child will be attracted to a dangerous object or animal.

The following are resources that we have found helpful.

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