Boston Personal Injury Attorney Blog

After a severe 2009 single-car accident in Newton, a 20-year-old from Waltham knew her life may never be the same. After her accident, the young woman had no feeling in the lower half of her body, according to Wicked Local Waltham. With statistics against her, she's determined to prevail. She says she will walk again!

The tragic accident happened when her boyfriend drove head on into a tree next to the Charles River. Just a year prior, a 26-year-old woman was killed in a car accident in the same area when her vehicle went into the water. In the most recent crash, the passenger side of the vehicle, where the now-paralyzed woman was sitting, sustained most of the damage from the accident into the tree. After the crash, her spinal cord was injured. That was nearly 16 months ago. She still is unable walk, but says with hard work she's improving and is determined to walk again one day.

Our Massachusetts spinal cord injury attorneys understand that our roadways are dangerous, and spinal cord injuries (SCI) are some of the most severe. These types of injuries can cause a lifetime of pain, agony, suffering and costly rehabilitation.

The spinal cord is made up of more 31 bones called vertebrae. Seven of these vertebrae are in the neck (cervical), twelve are in the upper and middle back (thoracic), five are in the lower back (lumbar), five are sacral vertebrae and two are fused coccygeal vertebrae (coccyx). Injuries to any one of these vertebrae can result in life-long discomfort and disability.

In the spinal cord is also a central bundle of nerves that is in charge of transporting signals throughout the entire body from the brain, according to the Centers for Disease Control and Prevention (CDC). Damages to the spinal column can ultimately cause permanent neurological impairments.

Right now, there are approximately 200,000 people in the U.S. living with a SCI. Experts predict there are up to 40 new cases each year per million residents. That means there are up to 20,000 new SCI patients every year. Alcohol is a contributing factor in about a quarter of all these new cases.

Top Causes of SCI:

-Car Crashes: More than 45 percent.

-Fall Accidents: More than 20 percent.

-Violence: More than 15 percent.

-Sport Injuries: More than 10 percent.

While most victims of SCIs are males (80 percent) and people under the age of 30, anyone is vulnerable.

These types of injuries can be some of the costliest, too. It is estimated that medical costs can total nearly $30,000 a year for an SCI. This means that a person with an SCI can spend anywhere from $500,000 to nearly $5 million for an SCI in their lifetime. This is why it's important for you to contact an attorney if you've sustained an SCI. It is vital to fight for the deserved compensation to cover such costly injuries.

Continue reading "Woman Paralyzed After Newton Accident Determined to Walk Again" »

As we recently reported on our Boston Personal Injury Attorney Blog, there are some important and beneficial changes that have been proposed to state government to make our roadways safer for pedestrians. WalkBoston has made these proposals to officials and say they are the key to making our roadways safer for everyone, especially for pedestrians. In 2009, there were about 100 pedestrians killed on our state's roadways. If something doesn't change, we'll continue to lose precious lives.

Just recently, there was another pedestrian accident in Massachusetts, this one on North Pleasant Street on the University of Massachusetts campus. In this case, a young female pedestrian was struck by a passing vehicle. Our state and the city of Boston necessitates on-foot commuting for many residents, students and visitors. Walking and biking are some of the most popular and convenient ways to get around town. Even with our roadways flooded with these vulnerable travelers, motor vehicle drivers continuously fail to recognize these people. They are simply overlooked and disregarded on our roadways. Much of this is the fault of roadway design and laws too, not just motorists.

Our Massachusetts pedestrian accident attorneys understand that the recent pedestrian accident that significantly injured the young student was serious enough to require three responding officers, yellow caution tape and blocked roadways. Reports indicate that there was shattered glass and blood covering the roadway. Unfortunately, this isn't an uncommon sight in the area.

"UMass Amherst has recently been beset by motor vehicle vs. pedestrian accidents that have resulted in serious bodily injury to the pedestrians," states the UMASS Amherst Police Department's website.

The University's website also points out a very important pedestrian safety law, the one that states that a driver can be issued a citation if he or she doesn't not stop for a pedestrian in a crosswalk, unless the traffic light says otherwise or if a pedestrian is not within five feet of a car's side of the road. Still, pedestrians should never assume a crosswalk is safe only because they technically have the right of way.

Pedestrian Safety Tips from the UMASS Amherst Police Department:

-Pay full attention to your surroundings while walking.

-Always walk on a sidewalk. If you have to walk on the road, do it so that you're facing traffic.

-Dress so that motorists can see you easily.

-When walking at night, put some reflective material on your shoes, hat or your jacket. These reflectors will reflect light from the headlights of the vehicles coming toward you and make you more visible to motorists.

-Only cross the street at crosswalks.

-Stop at the curb before crossing the street to look in all directions.

Continue reading "Student Injured in Pedestrian Accident on UMASS Amherst Campus" »

In 2010, there were nearly 20 reports to the Consumer Product Safety Commission (CPSC) of toy-related child fatalities. The children who were killed from defective products during that year were all under the age of 15. The CPSC has determined that game and accessory parts, small balls and balloons were associated with nearly 70 percent of all of these fatalities.

Even if defective products don't kill, they can cause serious child injury in Massachusetts and elsewhere. In 2010 there were nearly 252,000 toy-related injuries that sent children to emergency rooms. Most of these injuries from defective toys were abrasions, contusions and lacerations.

Our Boston defective product attorneys understand the parents' concern in making sure what they give their child to play with isn't going to harm them. There are always questions as to whether a product is safe or if it contains hazardous materials. To help answer these questions and ease our fears, parents are urged to frequently visit the CPSC's recall list. This list offers parents the most recent recall information that can help you to spot a dangerous product before it spots you.

International Playthings Recalls Tumblekins Toys

More than 30,000 Tumblekins Toys have been recalled by International Playthings because of possible laceration and choking hazards. These toys are manufactured by Lishui Treetoys Trading Co. Ltd. The recall was issued after it was concluded that the toys can come apart into small pieces that can have sharp points. These points pose laceration and choking hazards for small children. There has been one report of a toy breaking. No injuries have been reported. The recall encompasses the Tumblekins play sets and toy vehicles. This includes the school bus, fire truck, off-roader, roadster, police car, fire station and farm play set. Printed on the recalled toys is either "346101461502" or "171111461502". The items were sold at Juvenile product stores, on their website and in department stores across the country from March 2011 to December 2011. If you have any of these items, contact International Playthings at (800) 445-8347 or e-mail the company for more info.

Ganz Recalls Dancing Teapots

More than 2,000 Dancing Teapots were sold in the United States from December 2011 through January 2012. These items are being recalled because the handle of the teapot can get very hot when there is hot water inside. This poses a burning hazard. Under the recall, items with the SKU number ER19252 and the UPC number 661371626062 should no longer be used by consumers. If you have one of these items, contact Ganz for a full refund. You can contact the company by phone at (800) 724-5902 or on the Ganz website.

Landscape Structures Recalls Children's Slides

Landscape Structures Inc., of Delano, Minnesota is recalling nearly 1,000 of its Slalom Gliders because the sides do not have the proper transition platform on the sides and top of the chute. Without these transition platforms, children can fall when they attempt to move the ladder to the side to slide down the chute. So far, the company has received more than 15 reports of injuries to kids under the age of 8. Included in these injuries were bruised spleens, fractured collar bones, fractures legs and arms and one bruised arm. The recall effects model number 172627 and 156456. The items were sold to various schools and other facilities with playgrounds across the country from January 2006 to December 2011. If you have one of these slides, contact the company by calling toll-free at (888) 438-6574 or by visiting the Landscape Structures website.

Continue reading "CPSC Releasing Even More Recalls to Help Prevent Boston Child Injury" »

The dashboards of our vehicles are beginning to mirror a scene out of Star Trek. They're getting more and more advanced and new technologies are making it easier for drivers to access text messages, phone calls, GPS devices and the internet all while driving. What they're also doing is increasing our risks for car accidents in Boston and elsewhere, according to the federal government. The Boston Globe reports federal officials are now asking auto makers to put an end to it. They want companies to stop manufacturing vehicles that allow drivers to access these features while the vehicle is moving.

Car makers have been flooding new-model vehicles with a plethora of gadgets to try to make them appealing to today's on-the-go buyer. These are the people who try to multitask to get everything done while they're getting to the next place they have to be. As social media advances, the desire to stay connected with friends, family members and coworkers is growing rapidly. Our Boston car accident attorneys know it's actually a pretty common sight throughout the state: drivers engaging in activities at the wheel other than driving. To help stop this dangerous behavior, the National Highway Traffic Safety Administration (NHTSA) is stepping in.

Recently, the NHTSA recommended some voluntary guidelines for car makers. In these guidelines the NHTSA suggested they make vehicle dashboards that shut off all interactive features while the vehicle is moving or in the drive setting, meaning drivers can only engage in these distractions when the vehicle is stopped and the car is in park.

"The guidelines we're proposing would offer real-world guidance to automakers to help them develop electronic devices that provide features consumers want without disrupting a driver's attention," said NHTSA Administrator David Strickland.

According to the vice president of the Alliance of Automobile Manufacturers, Gloria Bergquist, automakers are going to look over the new recommended guidelines that come with a two-month comment period.

Since 2002, the industry has operated under its own set of guidelines regarding this matter.

Bergquist says that drivers are still going to use phones, play loud music and look at driving directions behind the wheel automakers are just trying to make these activities safer.

Not all new-car technologies are covered under the new recommendation though. Electronic-warning systems, GPS devices and other navigation devices still have the okay to run while the car is on and moving. The NHTSA is just asking that these technologies have a design that prohibits drivers from messing with them while the car is moving and is in drive.

If you think about it, the only other option is to go back to reading a road map in these cases, which is even more dangerous, according to Strickland.

Continue reading "NHTSA Proposed Ban on Dashboard Devices to Reduce Risks of Car Accidents in Massachusetts, Nation" »

Children under the age of 14-years-old shouldn't be allowed to play tackle football, lacrosse or ice hockey unless there are special rules in place to reduce their risks of concussions or other sports-related injuries in Massachusetts and elsewhere.

That's what Dr. Robert Cantu of Boston University is saying. He adds that younger children should also be banned from heading the ball in soccer to reduce these injury risks.

Dr. Kevin Guskiewicz from the University of North Carolina disagrees. He says that children should learn at a young age how to safely handle sports-related contact. He said that this competition, against those of the same size and age, is healthy and beneficial in preventing injury later on in life.

Our Boston personal injury attorneys have young children who play sports, many of them playing on the same fields as your children. We understand that regardless of what sport they're playing, safety is a top concern. The real question of this matter is whether or not the safety advantage that is gained by learning to perform athletic maneuvers at an early age is offset by the risks of brain trauma that is caused by repeated blows.

According to Guskiewicz, kids are better off learning how to play these games when they're young instead of waiting to do so when they're in high school. It's as if the early athleticism will help to toughen them up.

He says that it's better to play in these youth leagues because the children are going up against other kids who are about their same size. If you wait until a child is in high school, then you run the chance of a 130-pound player going up against a 300-pound player. Bottom line, Guskiewicz says, is that players should learn how to play at a younger age.

Cantu says that he has seen too many children in the hospital being treated for concussions. He says it's critical for our young athletes to avoid blows to the head.

"That's where Kevin and I differ," said Cantu. "I'm treating these children and I've seen them miss school for a week, a month, a semester, even a year because of post-concussion symptoms."

Cantu says there's absolutely no reason to subject young children to traumatic head injury. He doesn't think that children should be left out of these kinds of sports. He says that the rules should be rewritten to accommodate their vulnerable bodies.

Cantu has recently conducted studies on the increasing numbers of athletes 17-, 18- and 21-years-old with early signs of chronic traumatic encephalopathy (CTE) at the time of their death. This condition is a result of repetitive head trauma, like the trauma oftentimes experienced by boxers.

Experts can fight till the death, but the truth of the matter is that it's up to the parents to either keep their child in or pull them from their sports programs. And it's up to the coaches and others responsible for their safety on the field to make sure that they're provided with all of the proper safety equipment they need and take head injuries and pains seriously!

Continue reading "Young Children and Risks of Head Trauma Sports Injuries in Massachusetts, Nation" »

Boston streets are some of the busiest in the country. That's the reason why risks for pedestrian accidents in Massachusetts are so high. You need to be on the top on your game to avoid one of these accidents along our state's roadways.

An elderly resident was recently killed in a recent pedestrian accident in Worcester. The 69-year-old woman who used a cane to walk was hit by a teenage driver in a pickup truck as she attempted to cross Route 20 at roughly 7:00 p.m., according to the Boston Globe. Witnesses say that the elderly pedestrian flew nearly 30 feet in the air after collision. The Worcester police station reports that no citations have been issued.

Our Boston personal injury attorneys hear the vehicles zipping by nearly every day on our commute to the office. We understand the dangers that are presented on our state's busy roadways. As we recently reported, Massachusetts' highway safety division is working on a way to promote safe driving habits in 2012 to help to reduce the risks for our on-foot travelers. The number of pedestrian fatalities in our state is almost double that of the national average. In 2009, pedestrian deaths accounted for nearly 21 percent of all traffic fatalities.

In the state of Massachusetts in 2009, there were nearly 100 pedestrian fatalities as the result of motor vehicle-related accidents. In addition to these fatalities, there were another 235 pedestrians injured in these types of accidents.

According to national statistics, a pedestrian is killed every 2 hours and a pedestrian is injured every 9 minutes. It's like a war zone out there!

Pedestrian travel is important in the state of Massachusetts and government officials are urged to treat it as such. There are a number of ways that we can help to increase the safety of pedestrians in the area.

Suggestions to Increase Pedestrian Safety from WalkBoston:

-Support legislation to reduce the speed limits in urban areas from 30 miles per hour to 25 miles per hour. The faster a vehicle is traveling when striking a pedestrian the higher the risks are for pedestrian death. At 30 miles per hour a pedestrian has a 40 percent chance of death -- at 20 miles per hour the risks are only 5 percent.

-Use pedestrian-friendly design speeds for arterial and collector roadway projects. This means that new roads and the modification of older roadways should keep pedestrian safety as a top concern.

-Projects to create and modify bus, rail and rapid transit should include funding for pedestrian access.

-The quality of pedestrian data should meet that of vehicular data. Sometimes, it's as if you're not counted then you don't count. Right now, the state's data of bicycle and pedestrian accidents and injuries is up. Still, this data is poorly collected.

-Support legislation requiring local pedestrian advisory committees.

Continue reading "Pedestrian Accidents in Massachusetts need Political Focus" »

You may not be able to bask in the sun during the winter season, but that doesn't mean there's no fun to be had. Many residents turn to snowmobiles and other winter activities to stay active and to have some fun in the frigid winter weather. With these fun activities comes a heap of responsibilities. Snowmobile riders are asked to be cautious and to take the proper safety precautions to avoid a potentially fatal snowmobile accident in Massachusetts, just like the recent snowmobile accident that happened in the White Mountain National Forest.

The recent snowmobile accident in New Hampshire took the life of a 51-year-old Massachusetts man.

The North Billerica resident was involved in a snowmobile accident at roughly 10:00 p.m. when he lost control of the vehicle while making a turn and slammed into a bunch of trees. He was the last rider ion a group of four. The snowmobile riders ahead of him noticed the man's headlights shining all over the place and the crew stopped to help. Reportedly, the man was pronounced dead at the scene. Officials attempted to resuscitate the man, but his injuries were far too severe, according to the Boston Globe. The accident is still being investigated, but officials report no foul play is suspected.

Our Boston personal injury attorneys enjoy the outdoors, too. But there are a few safety precautions that both you and I should follow to help to prevent winter accidents, including snowmobiling accidents. Nowadays, snowmobiling is a winter sport that is enjoyed by more than 2 million people in the U.S. Still, these vehicles can weigh in excess of 600 pounds and can travel at speeds of up to 90 miles per hour. Every year, roughly 200 people die and another 14,000 people are injured on snowmobiles. Some of the causes of these accidents can include driver inexperience, alcohol and excess speed. Injuries sustained from these types of accidents can be life altering. These injuries are often extremity fractures but can also involve organ systems. Just like car accidents, snowmobile accidents can result in multisystem trauma -- head injuries are the leading cause of death.

Snowmobile Safety Tips:

-Complete a snowmobile safety course.

-Always ride with the highest degree of caution, especially when traveling across frozen waterways.

-Limit nighttime travel.

-If you don't know, don't go.

-Always ride with a buddy. Never travel alone.

-Never drink and ride. Alcohol hinders your ability to react and your judgment.

-Slow it down. Fast speeds increase stopping distances and leave less room for mistakes. Slower speed equals more control.

-Never exceed 40 miles per hour when traveling at night. Speeds above 40 mph cause operators to override their headlamps.

-When riding in a group, always follow safely. Allow at least 2 or 3 seconds of space between you and another snowmobile.

-Respect private property. Stay on marked trails.

Continue reading "51-Year-Old Boston Man Killed in Recent Snowmobile Accident" »

Whether your family is visiting Boston from out-of-town or simply enjoying your home city on a "staycation," know that hotels and other businesses have a responsibility to protect visitors and customers and prevent child injuries in Boston and beyond.

Our Boston personal injury attorneys have learned that more than 16,300 children under the age of 5 are taken emergency rooms each year with critical injuries because of unstable furniture or electronics that tipped over. Tragically more than 130 children were killed in tip-over accidents between 2000 and 2006, according to the U.S. Consumer Product Safety Commission.

Between 2007 and 2009, there were at least 30 media reports of similar cases, though the actual number is likely much higher - that's only what has been publicly reported.

What's so frustrating about these incidents is that they are entirely preventable.

As a parent, you take every precaution to ensure your child is safe in your own home. You know how curious little ones can become suddenly and seriously injured when those safeguards aren't in place.

Unfortunately, not everyone takes the same care you do to make sure children don't get hurt. Some instances involve a defective product design. Others are the result of hotel and business owners not furniture and electronics are secure and stable - which is part of their job.

Child injuries or deaths in Boston and elsewhere can happen when children fall against, pull themselves up or climb on television stands, bookcases, shelves, dressers, desks, appliances or chests. In some of these instances, the television was sitting atop a piece of furniture, and fell onto the child. This resulted in traumatic and sometimes deadly injuries.

The initial, blunt impact of the falling object can cause enough force to kill a small child. But there is also the risk that the child might become trapped and suffocate under a piece of heavy furniture, according to Dr. Gary Smith, Director of the Center for Injury Research and Policy in Ohio.

While it is the businesses' responsibility to ensure the furniture in their facility is secure and stable, as a parent, it certainly doesn't hurt to double check. The federal product safety commission offers the following advice:

-Make sure the furniture is stable on its own. Chests, TV stands, dressers and entertainment units should be anchored to the floor or attached to a wall for increased security.

-Televisions should have a sturdy, low-rise base. Make sure the shelves aren't flimsy.

-If it's not already, push the television as far back as possible.

-Electrical cords should be well out of a child's reach. Kids should be taught not to play with them.

-Take the remote controls or anything else your child might be tempted to play with off of the television stand, so your little one won't be tempted to grab for those items and risk possibly knocking the television over.

-Make sure if there is a free-standing range or stove that they have anti-tip brackets. If not, insist the hotel provide them for the safety of your children.

Continue reading "Boston Hotels Have Responsibility to Prevent Child Injuries from Tip-Overs" »

Football players pride themselves on being tenacious and tough.

The rigors of the game, however, can lead to potentially fatal sports injuries in Boston and beyond.

Our Boston sports injury attorneys have seen cases ranging from concussions and broken bones to permanent brain damage and even death. Often, these situations are entirely preventable. For us, it's a personal mission. Attorney Glassman's sister founded the National Youth Sports Safety Foundation after suffering a debilitating back injury that ended her tennis career.

A recent case chronicled by CNNHealth is a tragic example of what can happen when players are pushed to extreme limits, with heartbreaking consequences.

A 17-year-old high school football star from Kansas with a bright future loved the game, and gave it everything he had - literally.

According to CNN, the teen died just after scoring a winning touchdown. Weeks earlier, he had begun to complain of constant headaches. His parents took him to the emergency room, where doctors scanned his brain for problems. They didn't find anything.

He returned three weeks later to the field, where he absorbed a blow that took his parents breath away.

Still, he seemed fine. He even took the ACT's the following day.

Within a week, he was back on the field. His mother reported he scored a scored an impressive touchdown. But he began to wobble as he walked back to the bench.

He collapsed.

Though he was airlifted to the hospital, he never recovered.

It was only after his autopsy that doctors would see the truth. The teen had died from what is known as second-impact syndrome. It's when the brain suffers a blow before it's had a chance to recover from a previous concussion - and it's fatal.

In the course of a normal, high school football career, the teenager was found to have suffered from chronic traumatic encephalopathy. It's a degenerative disease that is often found in football players who have sustained repeated hits to the head.

Dr. Ann McKee with Harvard's Brain Bank, said she was shocked to see that the teen's brain tissue revealed that of a 70-year-old boxer.

"It tells you we've really got to protect our kids," McKee told CNN. "It's not just car seats and seat belts, but it's making sure that when they go out to play sports that we take proper precaution and we give them proper advice."

And as millions gear up to watch the Super Bowl this Sunday, event organizers are driving home the point.

According to The New York Times, the National Football League, which is facing down more than a dozen lawsuits that allege the organization purposely withheld information about the health impact on players of repeated blows to the brain, will be spending millions to air a commercial about player safety.

It's a first for the organization, whose chief marketing officer admitted it's an issue that is of great concern to parents, and worthy of further education.

Some critics allege the NFL is simply pulling a PR-stunt, but others applaud the use of such a broad platform to address such a serious problem that affects our young athletes.

Players of youth sports understand there is some risk involved in any contact sport. But neither they nor their parents should have to anticipate a life of debilitating and permanent injury - or worse - simply for playing a sport.

There is a responsibility on the part of coaches, athletic directors and schools to ensure players are protected.

Continue reading "High School Football Players in Boston at Risk for Serious Sports Injuries" »

Young drivers are some of the most at-risk for Boston car accidents and for crashes across the country.

In fact, the National Highway Traffic Safety Administration reports that car accidents are the leading cause of death for 15 to 20-year-olds.

Our Boston car accident attorneys understand that the number of young drivers on the road is surging, with the safety administration reporting that the 13.3 million licensed drivers under the age of 20 represents an increase of more than 5 percent from just a few years ago.

In fact, in every year since 2000, more than 2,000 young people were killed in motor vehicle crashes.

And AAA reports that for every teen driver who is killed in a wreck, an average of two more also die. In fact, most of the people who died in crashes involving teen drivers were passengers or those in another vehicle. Between 1998 and 2007, AAA found that young drivers were responsible for more than 24,000 fatal car accidents that killed more than 28,000 people.

A lack of experience, combined with a propensity for distraction, is a deadly mix.

Add to that the fact that of the young drivers involved in fatal crashes, more than 30 percent didn't have a valid driver's license. That means they also didn't have insurance - something that affects not only them, but potentially anyone sharing the road with them.

That's why we've made this issue Part 9 of our series on Boston Road Safety.

It's critical that our young drivers be aware of the extreme risk they take each time they get behind the wheel.

Lawmakers in Massachusetts have taken one positive step by banning cell phone use for any driver under the age of 18. Text messaging is against the law for drivers of all ages in the state.

While policymakers continue to wrestle with how far to additional restrictions on teen drivers in Massachusetts, the state's department of transportation offers the following guidelines for young motorists:

1. Wear your seat belt. It's your first line of defense against serious injury, and statistics show that of the teens killed in Massachusetts car accidents, about two-thirds weren't buckled up.

2. Limit how many people you ride with, as your friends may distract you.

3. Avoid distractions. Because crashes can happen in seconds, it's important for you to focus on the road, rather than the radio, your phone or your friends in the car with you.

4. Turn slowly. This will help decrease your risk of roll over or the possibility of accidentally striking a bicyclist or pedestrian, who you may not see if you're traveling too fast.

5. Don't drink or do drugs before you get behind the wheel.

6. Don't travel at night. Not only can it be dangerous for an inexperienced driver, but in Massachusetts, it's against the law for anyone under 18 to drive between 12:30 a.m. and 5 a.m. without a parent in the car with you.

Continue reading "Boston Road Safety, Part 9: Youth Safety" »

Speeding and aggressive driving are often factors in serious Boston car crashes.

We all know how frustrating it can be when we're running late or when someone cuts you off in traffic.

But our Boston car accident attorneys have seen firsthand how dangerous it can be when drivers drop their defenses and act out that frustration on other motorists. It's often sparked by something trivial, but when that aggression is played out at high speeds, the consequences can be deadly.

As Part 8 of our Boston Road Safety series, we're exploring how we define road rage, how to curb it and how to protect yourself.

The Massachusetts Highway Safety Division, in urging safer driving habits in 2012, reminds motorists that police are trained to spot drivers who are moving through traffic with aggression.

They look for things like:

1. Tailgating. By not allowing enough space for the car in front of them, aggressive drivers are inviting the risk of a fatal crash not only for them and their passengers, but for other motorists around them.

2. Frequent and abrupt lane changes. This doesn't give other motorists enough time to react.

3. Running red lights. We understand there often doesn't seem to be enough time during the day, but this risky behavior simply isn't worth the potential cost.

4. Speeding. A speed limit is posted by municipalities and states, whose officials have taken the time to factor in the road condition and surrounding area. Throwing that recommendation out the window can lead not only to a ticket, but to serious injury.

In 2009, more than 10,500 people were killed in the U.S. in crashes where speed was a factor. That means it was an element in more than 30 percent of fatal crashes in Boston and elsewhere.

Of those drivers in fatal crashes where speeding was a factor, young men between the ages of 15 and 24 were most likely to be behind the wheel.

One would think highways would be the most common scene for a speed-related crash. But in fact, the National Highway Traffic Safety Administration reports that just 12 percent of fatal speeding crashes happened on the highway. The overwhelming majority - 88 percent - happened off the interstate.

If you find that you may have some aggressive driving tendencies, the highway safety administration offers the following advice:

1. Concentrate on the road, rather than your cell phone, eating or any other task aside from driving.

2. Try to relax. Turn on the radio and listen to your favorite songs. This can help calm your nerves and make your time in the car more enjoyable.

3. Obey the speed limit. It will reduce your chances of a crash.

4. If you know traffic is going to be congested, consider mapping a different route before you set out.

5. Consider using public transportation. It's less stressful, and may save you hundreds of dollars a month in gas.

6. Just be late. It's better than being seriously injured or worse.

For those of us who sometimes must share the road with aggressive drivers, here are a few other helpful tips:

1. Do your best to get out of their way.

2. Set aside your pride and think about your safety.

3. Avoid making eye contact with the aggressor. That can sometimes just make them angrier.

4. If they make an obscene gesture at you, ignore them, and don't return it.

5. If the person poses a serious risk to you or other drivers, consider reporting them to police. Make sure you are in a safe location when you do so.

Continue reading "Boston Road Safety, Part 8: Speeding and Aggressive Driving" »

Imagine walking outside your front door to a war zone every day -- without a bullet-proof vest.

That's exactly the kind of risk you're taking when you get into a vehicle without buckling your seat belt.

If you want to protect yourself from the serious injury or death that could result from a car crash in Boston or elsewhere in Massachusetts, make sure you wear your seat belt - every time, no exceptions.

Our Boston car accident attorneys understand the accident may not be your fault. And you are entitled to bring a claim regardless of whether you are wearing a seat belt. But belting up is your first line of defense.

We're touching on this issues because, No. 1, we see far too many lives lost senselessly on our roadways, and No. 2, because the Massachusetts Highway Safety Division is driving an initiative for safer driving habits in Boston this year.

The encouraging news is seat belt usage is up in Massachusetts, according to a 2010 survey completed by the highway safety division. In fact, respondents in 1999 reported they wore seat belts just 52 percent of the time. Compare that to respondents in 2009, who reported they wore a seat belt 74 percent of that time. That's a 22 percent increase in 10 years, a testament to the safety division's education component - and perhaps to the devastation people have seen happen to others who don't buckle up.

Still, Massachusetts has a lower rate of seat belt usage than others across the country. This could possibly be attributed to the fact that Massachusetts has a secondary seat belt law, meaning it's not considered a primary offense. Essentially, an officer can cite an offender for not wearing a seat belt only if he or she has been stopped for some other violation.

Other results of the recent study found that men were far less likely to use seat belts than their female counterparts. Plus, while women increased their seat belt usage from 2009 to 2010, seat belt use for men was down.

Teens, though, are buckling up at a higher rate than before, though elderly drivers were the most likely to use their seat belts consistently.

The study also found that while the region didn't appear to matter much when it came to seat belt use, there was a slight decrease for motorists and passengers in the Berkshire region.

The National Highway Traffic Safety Administration offers additional information about seat belt safety in the U.S.

The first is that buckling up is the best way to protect yourself in a crash. Seat belts have saved more than 75,000 lives from 2004 to 2008. To put that in perspective, picture a jam-packed, large sports arena. Wearing a seat belt keeps you inside your vehicle in the event of a crash. If you are ejected from the car, your chances of dying skyrocket.

Secondly, air bags alone aren't enough to save you because they're designed to work with the seat belts, not be used in place of them. If you don't buckle up, the force of being thrown toward the airbag when it's deploying could kill you.

Thirdly, when you do buckle up, make sure it fits you correctly. Every person is different, but the shoulder belt should come across the middle of your chest and away form your neck. The lap belt should go across your hips, just below your stomach.

Never put the shoulder belt behind your back or under your arm, as this could lead to serious injury in the event of a crash.

Continue reading "Boston Road Safety, Part 7: Seat Belts" »

Increasingly, a significant percentage of fatalities on our roadways involve pedestrian accidents in Boston and throughout the country.

According to the National Highway Traffic Safety Administration, more than 4,000 pedestrians died on U.S. streets in 2009.

Our Boston pedestrian accident attorneys know that most of these deaths are preventable.
In part 6 of our Boston Road Safety series, we join state officials in raising awareness of what both drivers and pedestrians can do to avoid a senseless tragedy.

The state's highway safety division is working to promote safe driving habits throughout Massachusetts in 2012.

In our state, pedestrian accidents comprise nearly twice as many fatal accidents as the national average. The national safety administration reports that 12 percent of all fatal crashes involved pedestrians in both 2008 and 2009 (an increase from the previous six years). But in Massachusetts, pedestrian accidents accounted for 20.6 percent of all fatal accidents.

That also doesn't account for the 233 Massachusetts pedestrians who suffered serious injuries as a result of a motor vehicle crash. Nationally, the number of pedestrian injuries is an estimated 59,000. That means every two hours, a pedestrian is killed, and every 9 minutes, one is injured.

Most of these incidents involve a single vehicle. A pedestrian is defined as anyone who shares the road or sidewalk by walking, jogging, hiking, running or sitting.

More than three-fourths of these accidents happen in an urban setting, as opposed to on rural roads. And despite what some might think, 90 percent happened in good weather, when there was no snow, rain or fog, though 70 percent did occur at night.

The vast majority - 69 percent - of pedestrians killed were males.

Children were at particular risk for crashes, accounting for a quarter of all pedestrian injuries in 2009. For kids between the ages of 5 and 7 who died in a car crash, 19 percent were pedestrians.

Safekids USA reports that other than the street, many young children are struck in driveways, parking lots and sidewalks.

The state's highway safety division partners with WalkBoston to promote pedestrian safety in Boston. The non-profit promotes walking as a commuting option that is better for the environment, healthier for the workers and a cheaper alternative to a car, which can be costly in terms of gas and repairs.

But pedestrian safety must be a top priority.

SafeKids USA recommends the following actions by lawmakers to help make that a reality:

1. Reduce speed limits in residential areas.
2. Make sure pedestrians have adequate walkways.
3. Forbid vehicles from passing school buses while loading and unloading passengers.
4. Making sure there are enough crossing guards and ensuring pedestrians don't cross the street anywhere other than designated crosswalks.

For parents, walking your child's route to school with them can be a great way to become familiar with potential dangers they may face on the way to school, and to discuss with them how they can stay safe.

Continue reading "Boston Road Safety, Part 6: Pedestrians" »

By all accounts, the scene was horrendous - a telephone pole snapped in half by the Ford Explorer that became wrapped around it after a drunk driving accident in Quincy.

Four people were seriously injured in the single-vehicle Boston car accident.
According to the Patriot-Ledger, the 24-year-old driver is facing charges of drunken driving, speeding, failure to stay in marked lanes and driving to endanger.

Authorities say the young woman had been drinking when she crashed into the phone pole, rolling over the vehicle and bringing down live electrical wires, which cut electrical service off to buildings on the opposite side of the street.

Two people were trapped inside, and one had been listed in critical condition and was undergoing emergency surgery at the time of the last report. While we frequently think of victims in other vehicles when we consider lawsuits in the wake of a serious or fatal car accident, the fact is victims inside an at-fault driver's car may also bring a claim.

The incident is a prime example of what officials with the Massachusetts Highway Safety Division want to eliminate with their campaign: Drunk Driving. Over the Limit. Under Arrest.

Our Boston DUI accident attorneys know how devastating the aftermath of a drunken driving crash can be. These senseless tragedies destroy lives.

That's why we have included this issue as part 5 of our Boston Road Safety series.
According to the state's highway safety division, Massachusetts saw nearly 350 fatal accidents in 2009. Of those, nearly 40 percent involved a drunk driver.

In 2005, the state enacted Melanie's Law , which increases the penalties for drunk driving in Massachusetts.

Some of the greatest changes under the new law include a requirement for an ignition interlock device for someone who wants to get their license back after their second conviction, even if the prior offense was decades ago. Additionally, your license can be suspended for consecutive terms (rather than concurrent, which means they run together) for DUI convictions or if you refuse a breath test when you're pulled over. There are also harsher license suspensions for under-21 drivers.

Still, some would like to see even greater penalties. Mothers Against Drunk Driving is hoping that future Massachusetts lawmakers will include provisions that Melanie's Law did not address, including a requirement for alcohol treatment programs for people who chronically drive drunk (especially for those behind bars). They would also like to see more police officers on the streets for deterrence purposes.

If you see a drunk driver on the road, call the police and report it.

Here are some tips from MADD on how to spot a drunk driver:

1. The person quickly accelerates or decelerates.
2. The driver is tailgating, zig-zagging or weaving across the roadway.
3. The driver may almost strike a curb, object or another vehicle
4. A drunk driver may stop without reason or brake erratically
5. A driver who is drunk will drift in and out of lanes.
6. An impaired driver will use improper signals, such as turning a blinker on when they aren't turning.
7. A drunk driver is likely to swerve.
8. The person has a slower response to traffic signals, either making a delayed start or sudden stop.
9. The driver may forget to use their headlights, even if it's dark.
10. A drunk driver may be traveling on the wrong side of the road, into oncoming traffic.

Continue reading "Boston Road Safety, Part 5: Impaired Driving " »

It's been over a year since Gov. Patrick signed the state's Safe Driving Law, which effectively bans Massachusetts motorists from sending, typing or reading electronic messages from a handheld device while driving.

It's one of the most sweeping pieces of legislation in the country, and its designed to address the issue of distracted driving and quash the number of car accidents in Boston and throughout the state.

While officials in other states have debated text messages bans, the question that inevitably gets raised is: How will you enforce it? How will a police officer know whether the driver is sending a text or sending an e-mail?

The Massachusetts legislation addresses that by forbidding all electronic communications behind the wheel.

The issue of distracted driving is now being addressed by the Boston personal injury attorneys know that while laws are a deterrent for many who would otherwise get sidetracked behind the wheel, it won't stop everyone.

In fact, the Boston Herald reported six months ago - about one year after the ban was enacted - that more than 730 texting citations had been issued by police in Massachusetts. That breaks down to about three a day - though no doubt, there were many others who simply weren't caught.

For solely breaking this law, penalties range anywhere from a $35 to $500 fine to a 1-year suspension, depending on the circumstances.

Of all the fatal crashes in the country in 2009, more than 15 percent involved some type of distraction. That same year, traffic data researchers have concluded that almost 5,500 died in distraction-related crashes, and another 450,000 were hurt.

In addition to this law, the Governors Highway Safety Association offers the following tips for preventing distracted driving accidents in Boston and elsewhere:

1. Turn off your phone before you even get in the car. This will help prevent the temptation to answer it if it rings or beeps a notice of a new message.

2. Set up a special message or notice to let people know you'll be driving, and you'll get back to them as soon as you're safely stopped somewhere.

3. If you absolutely have to make a call or send a text, pull over into a safe location and do it there.

4. If you are riding with someone else, ask that person to make the call for you.

5. Don't ever send a text, surf the web or check your e-mail while you're driving - even if you're in a state where it's legal. It's simply not worth the risk.

6. If you are going on a lengthier trip, prepare by reading your map and directions before you pull out onto the road. That way, you won't need to check while you're behind the wheel. If you find you need to review your directions, pull over or ask a passenger to do it for you.

7. If you need to address a situation with the children in your vehicle, pull over to a safe location to do so.

8. Don't smoke, eat, read or do anything else - except drive - when you're behind the wheel.

Continue reading "Boston Road Safety, Part 4: Distracted Driving " »