Holidays Make for Dangerous Driving Days for Massachusetts Motorists

December 31, 2010 (Press-News.org) With the holiday season in full swing, Massachusetts drivers need to take extra precautions on the roads. Historically, the period from Thanksgiving through New Year's has been a particularly deadly one for drivers across the country: according to the National Highway Transportation Safety Administration (NHTSA), there is an average of more than 1,300 car accident deaths each year during these three holidays.

There are several key reasons that make the holidays a particularly dangerous time to be on the roadways, including:
- Potential for bad weather. Massachusetts sees it all when it comes to weather. Travelers can expect snow, ice and sleet to hit at any time during the winter months. Any one of these conditions can turn a roadway into a skating rink, making it difficult for drivers to control their vehicles and increasing the potential for accidents.
- More drivers on the road traveling longer distances. Thanksgiving is a driving holiday. The AAA estimates that more than 90 percent of Americans travel an average of 271 miles by car to reach their Thanksgiving destinations, accounting for a 50 percent increase in the overall total number of drivers on the road during this busy holiday.
- Holidays and drinking go hand-in-hand. Holiday celebrations usually involve alcohol and some people make the mistake of driving after having one too many. Nationally, more than one-third of fatal motor vehicle accidents are alcohol-related. During the holidays, this percentage increases to over 50 percent. The total number of motor vehicle accident fatalities that are alcohol-related in Massachusetts is close to the national average - in 2008, 41 percent of fatal car crashes in the state involved alcohol. This year, the Massachusetts State Police arrested 75 people for OUI and responded to five motor vehicle crashes involving alcohol over the five-day Thanksgiving holiday period.

In addition to these factors, drowsy driving and distracted driving also are responsible for some of the accidents that occur during the holiday season. Talking on a cell phone and texting while driving are two of the most dangerous driver distractions. In 2008, 5870 people died nationally in accidents caused by texting drivers. Using GPS systems, talking to passengers, changing songs on an iPod and eating while driving are other examples of common driver distractions that can lead to a crash.

The Next Steps after You Have Been in an Accident

The very first thing you should do if you have been involved in an accident over the holidays (or any other time) is get the medical attention you need. Keep in mind that not all injuries will be visible ones - for example, if you hit your head on the seat, the dashboard or anywhere else, you may have sustained a concussion or other mild traumatic brain injury. These injuries can be quite serious and you should be checked out by a qualified physician.

If you do not require immediate medical attention, the next thing you should do is check to see if the other driver needs help. Be careful not to remove him or her from the car in case they have serious injuries you could make worse.

Next, you should exchange insurance information with the other driver. Be careful not to say anything else to the other driver, including anything that could be construed as an admission of fault for the accident. It is not for you to determine who caused the accident. Let the insurance adjusters and your attorney handle the fault determination.

After exchanging insurance information, you then should call the police and file a police report. If there was substantial damage to the car, property damage or someone was injured in the accident, then you must file a police report. But even if this wasn't the case, you still should report the accident and keep a copy of the police report for your records. It may be useful should you need to challenge the fault determination or have to take legal action against the other driver or the insurance company.

While you are waiting for the police to arrive, use your camera (even the one on your phone) to take pictures of the accident, including the location of the accident, the location of both vehicles and the damage to both vehicles. If you do not have a camera available, then write down everything you can remember about the accident and how it occurred as soon as possible after the accident. This will be the best time to write down all of the details you remember about what happened - details that you may have trouble recalling later.

Most Importantly - Call Your Attorney

Lastly, the final thing you should do is contact an experienced lawyer. You will want to speak with an attorney experienced in handling automobile accident cases BEFORE you speak with your insurance company. The statement you give the insurance adjuster will be recorded and can be used against you later to deny your claim or as a basis to pay you less than your claim is worth. An experienced personal injury attorney can help protect you and any potential legal claims you may have related to a motor vehicle accident.

Always remember that the insurance company is looking out for number one - and that isn't you. For more information on filing a legal claim after being injured in a motor vehicle accident, contact an experienced attorney today.

Article provided by Eden, Rafferty, Tetreau & Erlich
Visit us at www.edenrafferty.com