Boston Drunk Driving Accident Lawyer Blog

July 2, 2011

Our Boston Boating Accident Attorneys wish you a Safe and Happy Fourth of July on our Waterways

The U.S. Coast Guard is warning all boaters of the increased risks for boating accidents in Massachusetts and elsewhere along the Northeastern United States during the upcoming holiday weekend. The Fourth of July not only brings out the most boaters, but it also holds the tragic distinction for being the deadliest time on our waterways.

Over the last 12 Fourth of July holidays, 40 deaths have occurred on our local waters. Boaters of all types are at risk. Of these 40 deaths, 21 happened in motorboats, seven on personal watercraft, seven in canoes, three on sailboats and one each from aboard a pedal boat and a rowboat.

Our Boston personal injury attorneys would first of all like to wish everyone a happy Fourth of July. We’d now like to take the time to ask everyone to be extra safe on our waterways over this three-day weekend. Not only do we experience the most fatal accidents on our roadways during this time period, but we also experience the most boating fatalities as well.

Just as motor-vehicle drivers are asked to not drink and drive, boaters are asked the same. A majority of boating accidents that have occurred during this holiday period involve an intoxicated driver.

“Alcohol has been involved in 45% of our Fourth of July holiday fatalities,” said Al Johnson, the recreational boating specialist for the First Coast Guard District in Boston., “and it impairs your ability to operate a vehicle or vessel. If you plan to use alcohol to fuel your high-spirited celebration of our country’s independence, be realistic and responsible – stay off the road, stay off the water.”

Your best boating insurance for surviving sudden water emergencies is just to simply wear a life jacket. It is required by law that each boat holds a life jacket for every passenger on the boat.

“On the brighter side and with nice summer weather forecasted for the weekend, whether you’re captain of your vessel, a ride-along passenger, an experienced sailor or casual paddler, awareness is the key ingredient for this holiday period,” said Johnson.

The Coast Guard is asking that all boaters that are planning on venturing out on the water this Fourth of July weekend practice safe boating habits — please be responsible and prudent mariners. They also ask that you save the alcohol for when the trip is complete and maintain a constant safety vigil.

Discover Boating offers these tips to boaters to help them to enjoy a safe and relaxing holiday weekend:

-Keep an eye on the weather. Always check weather conditions before venturing out on the water. If you’ve already set sail and you notice darkening clouds, volatile and rough changing winds, or sudden drops in temperature, play it safe and get off the water.

-Use your head. Common sense may be one of the most important parts of boating safety. You should always operate at a safe speed, especially in crowded areas. Stay alert and steer clear of large vessels. Respect buoys and other navigational aids. These devices have been placed there to help keep boaters safe.

-Designate an assistant. Make sure that there is another person on your boat that is familiar with all aspects of your boat’s handling, operations, and other boating safety tips.

-Make sure you’ve got your life jackets. The majority of drowning victims are the result of not wearing a life jacket at the time of a boating accident.

-Stay sober. Keep the alcohol for later. Your chances of being involved in a boating accident doubles once alcohol is involved. A number of studies conclude that the affect of alcohol is exacerbated by external effects such as sun and wind.

-Take advantage of a free vessel safety check. The U.S. Coast Guard offers free boat examinations to help you make sure that you’ve got all of the safety equipment that is required by state and federal regulations. They also help you to make sure that your equipment is in good working order.

“You can relax and enjoy your time on the water, but be aware of what’s going on around you, the weather, the status of your vessel and passengers, as well as the proximity of other vessels – be prepared,” said Johnston.
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June 30, 2011

Beware of Drunk Drivers in Boston this Independence Day Weekend

by Jeffrey S. Glassman

The Fourth of July is a popular holiday for families to gather over the long holiday weekend and celebrate our country’s independence. The Greater Boston area provides an endless list of Fourth of July events to attend over the three-day weekend. We wish you an enjoyable holiday weekend. Please celebrate responsibly and do your part to avoid a drunk driving car accident in Boston or anywhere else in Massachusetts.

According to Fox Business, the Fourth of July is the deadliest time of the year to be on our roadways. Every year, more people die on because of traffic accidents than during any other holiday period. The upcoming holiday weekend will kill more people in drunk driving accidents than even New Year’s Day.

Our Boston Drunk Driving Accident Lawyers urge all motorists to be extra cautious during this Fourth of July weekend. We not only ask you to not drink and drive, but we ask you to be on the lookout for motorists who may be intoxicated behind the wheel. With cooperation from everyone, we may be able to increase safety on our roadways and reduce the number of fatal holiday traffic accidents.

According to the National Highway Traffic Safety Administration (NHTSA), the Fourth of July has been the most deadly holiday on our roadways almost every year for the last 25 years. On average, more than 50 percent of all fatal traffic accidents that happen on the Fourth of July are alcohol related.

The most recent traffic accident data for this holiday weekend, which is from two years ago, concludes that 491 people died in car accidents over the three-day Fourth of July weekend. Of these 491 deaths, more than 40 percent of them died as a result of alcohol-impaired driving.

It’s true that most people think that New Year’s Day, or rather late New Year’s Eve, is the most deadly time on our roadways. For this reason, a lot of people stay off our roadways during this time. Most people don’t fear drunk driving accidents as much during the Fourth of July, which is why more motorists turn up on the road during this time.

“Drunk driving is a major public safety threat that still claims thousands of lives every year,” said U.S. Transportation Secretary Ray LaHood. “Many states continue to step up their efforts to get drunk drivers off our roads, but the numbers tell us we have to do more.”

Drunk driving accidents on holiday weekend produced these fatalities in 2009:

-Fourth of July (3-day period): 410 deaths, more than 40 percent alcohol related.

-Labor Day (3-day period): 360 deaths, 38 percent alcohol related.

-Memorial Day (3-day period): 473 deaths, 42 percent alcohol related.

-New Year’s (4-day period): 468 deaths, 40 percent alcohol related
-Thanksgiving (4-day period): 411 deaths, 34 percent alcohol related.

-Christmas (3-day period): 262 deaths, 37 percent alcohol related.

Our Boston drunk driving attorneys wish everyone a safe and happy Fourth of July and ask that you be sure to designate a driver if you’re going to be drinking.

Here’s what you should do if you think you see a drunk driver on our roadways this weekend:

-Try to get the make, model, color and license plate number of the vehicle. Don’t get close to the vehicle to do so. Keep your distance.

-Call police and tell them the vehicle information along with a description of the driver if possible.

-Tell dispatchers the location of the vehicle and the direction it’s headed.

-Let law enforcement handle it from here. They are trained for these situations and ask that you do not take matters into your own hands.

By reporting a drunk driver this holiday weekend you might just be helping to save the life of an innocent motorist.
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June 30, 2011

MADD Looks to Tougher Laws to Prevent Drunk Driving Accidents in Massachusetts

by Jeffrey S. Glassman

Mothers Against Drunk Driving is pushing lawmakers to enact tougher laws in an effort to reduce the number of serious and fatal Massachusetts drunk driving accidents.

22 News reports the organization is pushing for expanded use of ignition interlock devices — which prevent convicted drunk drivers from starting their vehicle until they pass a portable breath test attached to the car. Our Boston car accident lawyers continue to applaud the group’s efforts at preventing these devastating crashes.

The latest statistics from the National Highway Traffic Safety Administration show 108 motorists lost their lives in drunk driving accidents in Massachusetts in 2009. Countless others were injured. They are not statistics — but real people with families whose lives were turned upside down by the senseless decision of a driver who climbed behind the wheel after having too much to drink.

“The reason why I do what I do is because my husband, Mike Dean …was killed by a drunk driver in 1991, leaving me a young widow and a grieving mom,” said Laura Dean-Mooney, national president of Mothers Against Drunk Driving (MADD). “Our daughter was only 8 months old at the time of his death. There’s many people in Massachusetts that have similar stories to mine.”

MADD ranks Massachusetts 31st in the nation in safety and prevention, noting 32 percent of all fatal traffic crashes involve alcohol. The state has 22,253 drivers who are three-time OUI offenders and 4,840 who have been busted five times.

“In New Mexico, the first state to implement ignition interlocks for all offenders, they’ve had almost a 40% reduction in their alcohol related fatalities,” said Dean-Mooney. “That is significant, that’s a lot of people that are alive today because they’re protected under this ignition interlock law.”

Massachusetts law requires repeat offenders to have ignition interlock devices installed on their cars for two years. MADD wants the law to include first-time offenders, who would be required to have the devices installed on their vehicles for the first six months after their licenses are reinstated.

“I think the thing we know about all repeat offenders is that they were all first offenders once, and our objective is to do something more meaningful with the convicted offender when they are a first offender as opposed to waiting until they become a second, third, fourth, fifth offender,” said David DeIuliis, a MADD Massachusetts spokesperson.

Currently, a revised law is being sponsored by Senator Robert Hedlund, R-Hingham. It awaits hearings in the Joint Committee on Transportation.
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June 15, 2011

Drunk Driving Accident in Boston Kills Two and Injures One

by Jeffrey S. Glassman

A Boston drunk driving accident left two dead and injured another on Route 93 northbound, just south of the River Road exit, according to WCVB TV.

The two-car crash occurred when a speedy and intoxicated 21-year-old driver collided with an SUV. After the collision, the driver left the road, traveled along the center median and drove back onto the roadway. She then struck the SUV once again, rolled over and finally came to a stop in the median.

The driver of the SUV was taken to Lawrence General Hospital and was later pronounced dead. A passenger of the SUV was taken to the hospital and reportedly sustained serious injuries. A second passenger in the SUV was airlifted to Massachusetts General Hospital, where he later died.

Our Boston drunk driving accident attorneys understand that drunk drivers greatly increase your risks of a serious or fatal accident on our roadways. In this I-93 accident, the drunk driver was reportedly not injured. If you are involved in an accident with a drunk driver, it is critical for you to contact an experienced attorney to help you fight for your rights and receive the proper compensation.

After the accident, the driver was arrested by police. She is currently facing charges of operating under the influence. More charges are pending. She was scheduled to be arraigned Monday morning at the Lawrence District Court.

According to the National Highway Traffic Safety Administration, the United States had nearly 11,000 deaths resulting from motor-vehicle accidents that involved a drunk driver in 2009. The accidents accounted for more than 30 percent of all traffic fatalities during the entire year. This averages out to one alcohol-impaired-driving fatality occurring every 48 minutes.

In 2009, the age group with the highest percentage of drivers involved in fatal accidents with a blood alcohol content of .08 or higher were those ages 21 to 24. This age group accounted for nearly 40 percent of all of fatal drunk driving accidents.

In 2009, Massachusetts had nearly 150 fatal motor-vehicle accidents involving a drunk driver.

Do you know what to do if you see a drunk driver on our roadways?

-Stay a safe distance away from the driver. Keep you and your passenger our of harm’s way.

-Try to get as much information about the vehicle as you can. This includes the license plate number, the make, model, year and color of the vehicle, a description of the driver, the location of the vehicle and the direction the vehicle is heading.

-Report suspected impaired drivers to the state or local police by dialing 911 or *SP on your cellular phone.

-Once you’ve contacted local authorities, let them take care of it. It is important to remember to keep yourself safe in this situation by staying away from the vehicle and wearing your seat belt.
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June 7, 2011

Drive-thru Serves Driver 11th OUI in Massachusetts

by Jeffrey S. Glassman

(A Newburyport man will be staying behind bars for a as he faces charges of an 11th charge of Operating Under in Massachusetts, according to Daily News. The 57-year-old driver was taken into custody at the McDonalds on Route 110 (Macy Street) in Amesbury after an employee notified authorities about the intoxicated diner.

The alleged drunk driver will have his arraignment in Newburyport District Court. In the meantime, Judge Peter Doyle ordered Flaherty held at the Middleton jail until the second week of June. If the judge determines that he is too much of a risk to the general public, then he will not be released on bail. According to Essex County District Attorney spokesman Steven O’Connell, if he is convicted he will only face five or more years in state prison — the maximum allowed by law.

The truth is, a high percentage of drunk driving accidents in Massachusetts are caused by repeat offenders.

Our Boston drunk driving accident attorneys understand that these offenders may need to face stricter punishments in order to truly learn a lesson and to understand the dangers and consequences of driving while under the influence. If you or a loved one has been involved in an accident with a drunk driver, it is critical for you to contact and experienced attorney to help you fight for your rights and for the proper compensation you deserve.

The ten-time offender had his license immediately suspended after this 11th charge. Drivers who have been convicted of three or more OUI offenses are required to take a Breathalyzer test if they’re pulled over and asked by police. If they don’t they will immediately lose their license. These rules fall under Melanie’s Law, which was passed back in 2005.

Melanie’s Law was named after a young woman who was killed by a drunk driver back in 2003. This law greatly increases jail time for convictions of driving while drunk. Under the law, drivers who are repeat offenders must use an ignition interlock device on any car they drive. With these interlock systems, any reading over 0.02 will prevent the car from starting. If a driver fails to comply with the interlock program, they will lose their driver’s license for 10 years to life.

His six-page driving record included charges of several OUI violations, driving to endanger, license revocations and reinstatements stemming from incidents in communities all across Greater Newburyport and the North Shore. Somehow he was able to obtain his driver’s license before the first 10-year suspension was completed.

According to police reports, the driver exited the drive-thru and was pulled over to enjoy his food. Police approached him and reported a strong smell of alcohol.

“No, I’m going to eat my sandwich,” said the intoxicated driver to the officers as they asked him to step out of the vehicle.

In addition to the OUI charge, the hungry driver was charged with disorderly conduct and resisting arrest.
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June 4, 2011

Trooper Ellen E. Engelhardt Dies from Injuries Sustained in 2003 Drunk Driving Accident in Massachusetts

by Jeffrey S. Glassman

A State Trooper that was involved in a drunk driving accident in Massachusetts back in 2003 has passed away. The 58-year-old female trooper had been suffering from severe brain injuries after a drunken driver slammed into her cruiser in the breakdown lane of Route 25 in Wareham, according to Boston.com.

The trooper has been unable to walk, talk, feed herself or communicate since the 2003 accident. In 2003, the 18-year-old driver slammed into her cruiser at nearly 100 miles per hour in his dad’s Volvo, according to the Boston-Herald.

Our thoughts and condolences go out to the family of the Massachusetts State Trooper. As her condition failed to improve, her family decided to bring in hospice care. Our Boston drunk driving accident attorneys understand the devastation a family faces after losing someone in a drunk driving accident. An experienced attorney should be contacted immediately if you or a family member has experienced an accident with an intoxicated driver as you deserve experienced representation in seeking justice and deserved compensation.

“Trooper Engelhardt loved the Massachusetts State Police and the job loved her back,” said State Police Col. Marian J. McGovern, Engelhardt’s drill instructor when she became one of the first women on the force.

The Troopers death comes after a recent and astonishing epidemic of accidents in which trooper’s vehicles have been struck while these enforcement officers were on duty in our state. Roughly half of the 45 Massachusetts state officers that have been hit in the last 18 months were the victims of drunk drivers.

Engelhardt’s vehicle was struck once before by an intoxicated driver less than a year prior. She is one of 32 state troopers that have died in the line of duty since the State Police was founded back in 1865. She was the first female state trooper to die from injuries sustained in the line of duty.

Earlier this week, a 28-year-old Dana-Farber Cancer Institute finance manager was charged with a DUI after she allegedly was driving the wrong way on Morrissey Boulevard and plowed into the cruiser of a State Trooper.

“There is no one common denominator (in these crashes) other than impairment and distraction,” said McGovern.

The drunk driver of Engelhardt’s accident was sentenced back in 2005 to more than 2 years in the Plymouth County House of Correction.

“It is with profound sadness that we mourn the loss of Trooper Ellen Engelhardt, who was not just a valued colleague but also a dear friend who dedicated her career to protecting the citizens of our state. Since suffering the tragic injuries inflicted upon her in the line of duty by a drunk driver, Trooper Engelhardt has been an inspiration to every member of this Department for the courage, grace and dignity with which she lived,” said McGovern.
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June 3, 2011

Another Trooper Injured in Massachusetts Drunk Driving Accident

by Jeffrey S. Glassman

A Weymouth woman has entered a plea of not guilty to accusations of driving the wrong way while intoxicated and slamming into a police cruiser. The alleged intoxicated driver has now been ordered to attend at least three meetings a week at Alcoholics Anonymous as a condition for her release, according to the Boston-Herald. The woman is being charged with negligent operation of a motor vehicle, operating under the influence and leaving the scene of a personal injury.

Police report that the intoxicated driver traveled the wrong way on Morrissey Boulevard just after midnight this past weekend. The officer reportedly activated her emergency lights in an attempt to stop the wrong-way driver, but her cruiser was struck head-on. The officer was treated and later released from the Boston Medical Center for a lower body injury.

Our Boston drunk driving accident attorneys know about the senseless tragedies that too often result from someone climbing behind the wheel after having too much to drink. We would also like to point out that these types of accidents have been a common occurrence among law enforcement agencies in recent months. Nearly half of these accidents were caused by a drunk driver.

The drunk driver that struck the officer on Morrissey Boulevard was arrested after she allegedly failed her attempt to flee. She also failed a number of sobriety tests, and refused to submit to a breathalyzer, according to police reports. She was later released from jail after posting about $5,000 bail.

She has been banned, by Dorchester District Court Judge Robert McKenna, from driving and been ordered not to use drugs and alcohol.

The young driver was allegedly out celebrating a friends 30th birthday at the Old Colony Yacht Club in Dorchester prior to the accident.

“I know what happened but can’t you let me go home,” said the 28-year-old Weymouth woman when troopers questioned her just moments after the accident. When she was asked how much she had to drink at the club, she responded, “I had a lot while I was there,” according to police.

Judge Robert McKenna ruled that she could very well remain free on her existing bail. She will be attending that pretrial hearing on August 26th.
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June 3, 2011

Interactive Website Shows Rates of Drunk Driving Accidents in Boston

by Jeffrey S. Glassman

A feature created by Mother’s Against Drunk Driving (MADD) allows drivers to investigate the rates of drunk driving accidents in Boston and elsewhere throughout the country.

This system that they’ve created allows residents to view the percentage of total accident deaths in their area that have been reported to be DUI related. This interactive map offers 2009 statistics, as they are the most recent. Massachusetts ranks 31st in having the most DUI related traffic-accident fatalities in the United States.

In Massachusetts, the legal limit for blood alcohol concentration of motorists behind the wheel is .08. Our Boston dunk driving accident attorneys recognize that there are a number of laws that regulate the penalties for committing this crime. Additional penalties can occur to the convicted after being busted for drunk driving with a child passenger in a vehicle. The state also exercises statutes that create mandatory testing for all drivers killed in vehicle crashes. These laws, and many others, are meant to protect drivers from being involved in a drunk driving accident in Massachusetts.

This year alone, nearly 11,000 people are expected to die in drunk-driving traffic accidents. This calculates to one death every 50 minutes.

According to MADD, in the last year there were more than 100 deaths resulting from traffic accidents that involved a drunk driver in Massachusetts. These accident fatalities accounted for more than 30 percent of all state traffic deaths. These drunk driving accidents cost the state nearly $800 million.

In the last 5 years, nearly 1,000 people have died in Massachusetts in these drunk driving accidents. Five years of drunk driving accidents cost the state nearly $5 billion.

MADD offers you these tips to help you spot a drunk driver on our roadways:

-Excessive tailgating.

-Quick acceleration or deceleration.

-Near striking of another object on the road.

-Weaving or zig-zagging along the road.

-Stopping without reason of erratic braking.

-Driving into oncoming traffic or on the wrong side of the road.

-Driving slower than the speed limit by at least 10mph.

-Driving with headlights off during the evening hours.

-Straddling lane markers.

-Slow, or no, response to traffic signals.

-Signals that are inconsistent with driving actions.

You’ve spotted a drunk driver. Now what? Follow these steps:

-First off, stay as far away from the vehicle as you can.

-Do not try to stop the vehicle or get them to pull over.

-Get the car’s license plate number, a description of the driver and the car’s make, model and color. Do not compromise your own safety in doing so.

-Pull over and call 911. Give authorities this information along with the location of the vehicle and the direction it’s traveling.

-Leave the rest up to local officials.
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May 26, 2011

Officers Lauded for Efforts to Reduce Drunk Driving Accidents in Boston

by Jeffrey S. Glassman

The number of drunk driving accidents in Boston is expected to increase during the Memorial Day holiday weekend and officers are ready for the challenge.

A Braintree Police Department office is gaining recognition for fighting drunk driving in the city and for focusing his efforts on underage drinkers. Mothers Against Drunk Driving is praising the officer for making a record number of arrests on alleged drunk drivers, according to Boston.com.

Our Boston drunk driving accident attorneys understand the increased dangers each holiday weekend. Residents are urged to avoid drinking and driving this holiday weekend, and every other day of the year, in an attempt to keep out roadways safe and accident-free.

“I have no doubt that your actions in drunk driving and underage drinking enforcement are making our community safer and are protecting our most valuable resource, our children,” said Braintree Chief Paul Frazier.

Another officer, of the Swampscott Police force, was recognized earlier this month, again by Mothers Against Drunk Driving and its MADD’s Drive for Life Award.

The is a special award that is presented to a select number of police officers across the state of Massachusetts; it recognizes excellence and leadership in drunk driving enforcement, according to Swampscott Patch.

The Swampscott Police Department is another department that is focusing its efforts on ensuring the safety of residents by educating and enforcing drunk driving laws of the Commonwealth of Massachusetts.

A second and third police officer in the state of Massachusetts are being honored by Mothers Against Drunk Driving for their effort and dedication to enforcement of laws against underage drinking and drunk driving.

Two Amherst Police Officers are receiving Drive for Life awards from MADD after continued efforts, demonstrations, and commitment to preventing drunk driving, according to Gazette Net.com.

These officers are just a few among the more than 70 local police officers in Massachusetts that are being recognized and honored for their work against drunk driving.

According to the National Highway Traffic Safety Administration, there were nearly 11,000 people killed in accidents that involved a driver impaired by the use of alcohol in 2009. The intoxicated drivers caused more than 30 percent of all the deaths resulting from motor vehicle accidents in the U.S. Massachusetts saw nearly 150 fatalities resulting from car accident that involved an impaired driver in 2009.

It was estimated that a person died every 48 injuries because of an accident caused by an impaired driver in 2009.

Over the last six years, the Memorial Day holiday weekend has seen an average increase of more than 12 percent in traffic fatalities when compared to non-holiday periods.

The National Safety Council reports that, for recording purposes, the Memorial Day holiday weekend begins at 6:00 p.m. on Friday and ends at 11:59 p.m. on Monday. The Council estimates that more than 400 traffic deaths, and an additional 39,400 injuries requiring medical attention, will occur over the traditional summer kick-off weekend.
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May 19, 2011

Drunk Driver Kills Two Teens in alleged DUI Accident in Massachusetts

by Jeffrey S. Glassman

A young 21-year-old driver facing drunk driving charges begged officers to take him to jail after a deadly early-morning drunk driving accident in Massachusetts that killed two local high school students. The driver has a long, checkered driving record, according to the Boston Herald.

Officers found the young driver covered in blood sitting on a curb next to the accident. He was reportedly crying and pulling his hair, according to Middlesex County Assistant District Attorney Ceara Mahoney.

Our Boston drunk driving accident attorneys understand that drunk drivers pose serious and deadly threats to not only themselves but to all motorists on the road. Massachusetts police officers continue to work to reduce the number of the fatal incidents, but the tragedies continue to strike.

“I killed her. I was driving and I was drunk. I’m responsible for her death. Take me to jail. That’s what I deserve,” Mahoney quoted the driver as saying.

According to authorities, the young, intoxicated driver was coming from a house party with five other passengers when he lost control of his vehicle and crashed into concrete barriers on McGrath Highway at close to 4:00 a.m.

The two high schools students who were killed in the accident were not wearing their seat belts at the time of the accident.

The 21-year-old driver was treated for only minor injuries.

The driver, now facing charges, was arraigned in Somerville District Court. His bail was set at $5,000 by judge Elizabeth Cremens. He is facing charges of two counts of motor vehicle homicide and other offenses.

Grief counselors continue to comfort students at that high school as the schools opened its doors on Saturday to accommodate those students seeking the counseling.

“We need to do a better job educating the students about drinking and driving,” said the high school’s Assistant Superintendent Charles Obremski. “It’s an unfortunate situation. It’s very, very sad.”

The intoxicated driver had a four-page driving record that dates back three years. According to the state Registry of Motor Vehicles, his long list of driving infractions includes at least four suspensions, numerous entries for speeding, no inspection sticker, failure to stop, and lane and seat belt violations.
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