Boston Accident Law Blog

Massachusetts highway workers have a hazardous job. They perform maintenance, inspections and construction, often just a few feet from traffic whizzing by. In work zones the Department of Transportation prioritizes the safety of its contractors and employees, as well as motorists traveling through these areas. Sadly, the DOT's precautions were not enough to save one of its inspectors, a 58-year-old engineer killed on a September night in 2010. A drunk driver hit him in a construction area on Route 9 in Framingham. The area was marked off with reflective cones and barrels while the inspector checked pavement temperatures as a quality control measure.

The details of the accident were brought afresh into the minds of the victim's friends and family when the driver was recently sentenced to eight years imprisonment and seven years probation on charges of drunk driving, vehicular homicide and leaving the scene of the accident. After hitting the inspector, the drunk driver's vehicle collided with an oil truck in the construction area and stalled. The driver and his passenger, also intoxicated, left their vehicle and tried to run away, but were chased and caught by members of the road construction crew. When confronted by police, the 29-year-old driver was too intoxicated even to follow their order to stand up. Drivers who get behind the wheel in such a condition pose a grave danger to everyone on the highway.

The Law Firm of Colucci, Colucci, Marcus & Flavin has undertaken yet another case against a manufacturer of a faulty smoke detector. The firm is on a crusade to expose ionization smoke detector technology as wholly inadequate in situations where a smoldering fire occurs. Most recently, a 2-year-old and his aunt died of smoke inhalation in just such a fire. Once again, the firm maintains, an ionization smoke detector failed to sound in a timely fashion, thus exposing the occupants to the deadly effects of smoke inhalation.

The victims' families sought out the Boston firm despite the incident having occurred in New York. Immediately, members of the firm flew to upstate New York, met with the families and began their investigation into the tragedy. The firm, working with a nationally known leader in the field of "fire cause and origin", quickly determined that the faulty design of this particular product played a major role in this double fatality.

Problems Associated with Ionization Smoke Detectors

It is estimated that over 40 million ionization smoke detectors are in use throughout the United States, and despite having knowledge of their ineffectiveness in smoldering fires, companies continue to manufacture, market and sell these items under the false pretense that they are effective in all types of fires.

Many cars now come equipped with in-dash electronics comparable to what you can find in most home offices - motorists are now able access the internet, update Twitter and Facebook, text message, dial their phone and use GPS navigation, all without needing to leave the driver's seat. However, the federal government is now taking aim at in-dash electronics in an effort to rein in on distracted driving and bring drivers' attention back to the road.

Last week, the National Highway Traffic Safety Administration proposed recommendations for automakers to design dashboard electronics so that distracting applications and devices are automatically disabled for the driver while the car is moving. The types of apps likely to be restricted would be text messaging, internet surfing and access to social media.

These guidelines are an attempt to impact the driving habits of younger motorists' - motorists who more likely to be influenced by wireless technology. According to a statement by Transportation Secretary Ray LaHood, "Distracted driving is a dangerous and deadly habit on America's roadways - that's why I've made it a priority to encourage people to stay focused behind the wheel."

A game-changer: That's what this week's recommendation by the National Traffic Safety Board for a ban on all cellphone use and texting while driving has the potential to be. The proposal extends even to hands-free devices, with an exception only for safety-related devices such as GPS.

A spokesman for the Governors' Highway Association thinks it may be a game-changer because it could jump-start discussion in state legislatures on implementing such a ban.

It's true that 35 states already have various restrictions on texting while driving or cellphone use in vehicles. Despite these laws, however, the use of electronic devices behind the wheel has only kept increasing - by about 50 percent in the last year alone.

The result of such misplaced multitasking is far too many accidents, many of them fatal. Last year, over 3,000 people (3.092 to be exact) were killed in cell phone-related and other distracted driving accidents.