Boston Personal Injury Attorney Blog

A woman was accidentally shot by an off-duty Massachusetts State Police trooper in a recent hunting accident in Norton, according to Mail Online. The husband of the woman who was shot is now asking deer hunters to pay more attention and know their targets before heading out with deadly weapons into the wilderness.

Our Massachusetts premise liability attorneys understand that hunting is intense, and ask hunters to be safe and cautious out there. The 66-year-old woman was shot in the hip while walking her two dogs. The husband of the victim is not only calling for hunters to be safer in the woods, but he's also calling for a further probe into the investigation of the incident that left his wife as a hunting target.

"My mother was shot. This is not OK," says the daughter of the victim.

After the accident on New Year's Eve, the woman was sent to the trauma intensive care unit of Rhode Island Hospital and was last reported to have been recovering from a fractured pelvis.

The hunter says that he accidentally shot the victim after he mistook her two dogs for deer. The accident happened during the evening hours as he was using a black powder rifle to take down deer. After the shot was fired and the target was struck, the off-duty officer ran to her side and started to administer first-aid tactics to help keep her alive as he called 9-1-1.

According to authorities, the off-duty officer is properly licensed and is not currently facing any criminal charges.

Hunting Safety Tips:

-Always treat a firearm as if it's loaded. Make it a habit!

-Always point the muzzle in a safe direction. About 70 percent of all hunting accidents are self-inflicted injuries. This means that at the time of the accident, the muzzle was pointed at a person. You always want to point it in a direction so that if it fired off, no one would be injured.

-Know your target. You always want to know exactly what you're shooting at and what's beyond it. Always positively identify what you're shooting at before pulling the trigger. Shooting at something you're unsure of is a gamble. In this Massachusetts hunting accident, the gamble was with a human life. We don't always hit our target. For this reason, make sure that what is behind and around your target is safe. Never shoot into an area that could harm another person.

-Fingers outside the trigger. Keep your finger outside of the guard until you're ready to fire. Many accidental shootings happen because trigger guards were not properly used. Always protect yourself and the ones around you. Be responsible.

For more information about deer hunting in Massachusetts, visit the Massachusetts Department of Fish and Game.

Continue reading "Off-Duty Officer Shoots Woman in Hunting Accident in Massachusetts" »

A Worcester pedestrian accident killed a woman who was walking across the street on a marked crosswalk on Chandler Street. According to Worcester police officers, the accident happened just before 7 a.m. and upon arrival, the body of a 63-year-old woman was discovered. The female pedestrian was involved in a single-car accident and sustained severe injuries. She was taken to St. Vincent Hospital where she was later pronounced dead.

According to My Fox Boston, investigations concluded that a 51-year-old driver of a van slammed directly into the pedestrian who was using the crosswalk to get across the street. The driver was the only one in the vehicle at the time of the accident and he remained at the scene of the accident until officials arrived. The speed limit on that street is 30 miles per hour. Officials with the Worcester Police Accident Reconstruction Team are investigating.

Our Massachusetts pedestrian accident lawyers understand that our roadways are congested, especially during and after the holidays. We often hear warnings for drivers urging them to be cautious of one another on the roadways to avoid an accident, but many seem to forget the dangers that pedestrians face as well. Pedestrians face an increased risk for accidents just as motorists do when the roads are crowded. All travelers are urged to be cautious and courteous of one another throughout out the year..

The recent Thanksgiving holiday weekend provided a sneak peek into just how dangerous travel can be during holidays can be. According to the Boston Herald, a 47-year-old female pedestrian was killed while crossing a street in Worcester over the Thanksgiving holiday weekend.

Another Thanksgiving holiday weekend accident turned fatal when a 75-year-old motorist from Somerville was hit by a passing vehicle as he got out of his car to exchange information with another driver that he had been involved in an accident with just seconds prior.

A third Thanksgiving accident injured two people as they were standing in the travel lane on Route 128 in Lynnfield and were hit by a passing motorist.

As we continuously ask drivers to be cautious, alert and courteous at the wheel, we also ask pedestrians to travel safely. Keep an eye on your surroundings to avoid a potentially fatal accident.

Pedestrian Safety Tips:

-Always use a crosswalk when one is available. Most pedestrian accidents happen at non-intersection areas because drivers don't expect pedestrians to cross.

-If you've been involved in a motor-vehicle accident, stay inside your car until police get there, especially if the accident is on a busy roadway.

-Pedestrians should always carry a flashlight and wear bright, reflective clothing when walking during the evening hours.

-Always walk on a sidewalk when there's one available. When there is no sidewalk, you should walk facing traffic to see oncoming cars.

Continue reading "Crowded Roadways Increase Risks for Pedestrian Accidents in Boston and Elsewhere" »

In our state, the keeper or the owner of a dog is liable for all dog bite injuries unless the victim of the dog bite attack in Massachusetts was tormenting, teasing, or abusing the dog, was trespassing or was committing another crime. Anyone who is injured by a dog in our state also may be able to use other common grounds for liability as well.

Our Boston dog bite injury lawyers understand that there are almost five million dog bite injuries every year in the United States. About 20 percent of all dog bites require the attention of a medical professional. Children are more likely than any other age group to be the victim of a dog-bite related injury, specifically those ages 5- to 9-years-old, according to the Centers for Disease Control and Prevention (CDC). But there are ways to make dog bite accidents less likely and ways to help prevent your young ones from being bitten by a dog. Be sure to sit down and talk with your little ones about the importance of good behavior around man's best friend.

There were more than 30,000 people who underwent reconstructive surgery after dog-bite accidents in the U.S. in 2006.

Being a child isn't the only way to increase your risks for an accident. Homes that house a dog face higher risks for dog-bite accidents as well. With more dogs, residents face even more risks. Families with two or more dogs in a household are roughly five times more likely to suffer a dog-bite injury than households with no dogs.

Safety tips to prevent dog-bite injuries among children:

-No one should ever approach a dog they don't know.

-Never run around a dog.

-Keep voices quiet. Avoid yelling around a dog.

-If a dog approaches, stay still and calm. Keep hands and arms down and avoid any sudden movements.

-If knocked over by a dog, roll up into a ball and stay still.

-Never allow children to play with a dog without an adult supervising.

-Always report stray dogs or dogs displaying odd behavior to adults.

-Children should avoid eye contact with dogs.

-Never bother dogs when they're eating, sleeping or tending to puppies.

-Dogs should be allowed adequate time to smell someone before attempting to pet.

-Teach children to report immediately to an adult if bitten by a dog.

Nearly 70 percent of dog-bite injuries that happen to children under the age of 5 are to the neck and head region. Boys are more likely to be bitten by a dog than girls.

Parents are urged to sit down and talk with young ones about the dangers associated with dogs. Be cautious not to startle them, but make sure that they understand the appropriate behavior to exercise around man's best friend.

Continue reading "Talk to Children about Risks of Dog-Bite Injuries in Massachusetts before Holidays" »

As we recently reported on our Boston Personal Injury Attorney Blog, there are about 250 home fires reported every year that are started because Christmas tree fires. These fiery accidents kill nearly 15 people, injure another 30 and cost nearly $20 million in property damage annually. A majority of holiday-related accidents are in fact preventable. Residents are urged to be smart with their decorating this year.

Fires may not be the only dangers lurking in the holiday season. According to The Washington Post, the number of holiday accidents and injuries in Massachusetts and elsewhere involving decorating for Christmas is on the rise. Many of the reported incidents involve lacerations from broken Christmas tree ornaments and falls from ladders used to put up Christmas lights. Just like any other chore that needs to be done around the house, Christmas decorating should be no different. Be prepared, have a plan and keep safety as a number one priority.

Our Boston personal injury attorneys understand that officials estimate that nearly 15,000 people made a trip to the emergency room during November and December of last year. That number is up from 2007 (with an estimated 10,000) and up from 2008 and 2009 (both with an estimated 12,000). Residents are urged to be cautious when decorating the house this year and when setting up Christmas trees. Many holiday-related accidents can be prevented with a little planning.

"A well-watered tree, carefully placed candles, and carefully checked holiday light sets will help prevent the joy of the holidays from turning into a trip to the emergency room or the loss of your home," said Commission Chairman Inez Tenenbaum.

According to the National Fire Protection Association in Quincy, Massachusetts, fire departments respond to hundreds of Christmas tree fires every year. These tree fires are caused by residents placing trees too close to heat sources, by electrical fires and by failing to turn off a tree when leaving the house or going to sleep for the night.

Residents are also urged to be cautious when lighting candles during the holiday season. Never place them near flammable objects and remember to blow them out before leaving the house or going to bed. Never leave a lit candle unattended. Candles are the cause of hundreds on home fires every year.

Another quick tip offered from fire departments across the nation is to never burn wrapping paper in a fireplace. This type of paper can cause a flash fire that can get out of control quickly.

Be cautious when putting up your holiday decorations. A majority of these holiday-related accidents happen within the 12 days surrounding Christmas. Please exercise extreme cautious to achieve the cozy, festive and safe holiday feel. We want to wish everyone a safe and happy holiday season.

Continue reading "Holiday-Related Accidents in Massachusetts and Elsewhere Up Already From 2010" »

The National Fire Protection Association (NFPA) recently released a video to illustrate just how dangerous and how flammable dry Christmas trees can be. This video is to urge residents to properly care for their trees to avoid a Christmas tree accident in Massachusetts and elsewhere. Every year, Christmas trees catch fire just because they're not watered regularly. There are simple steps that we can all take to help prevent a potentially serious holiday accident.

From 2005 to 2009, fire departments across the U.S. respond to nearly 250 home fires each year that started with Christmas trees. These incidents kill an average 15 people, injure nearly 30 more and cause roughly $17 million in property damage every year.

Our Boston personal injury attorneys understand that these incidents may not be one of the most common, but they can be one of the most serious. In about one out of every 18 incidents reported in which a Christmas tree caught fire, a death occurred. A heat source that is too close to a Christmas tree was reported as the cause in approximately 20 percent of these fiery accidents. Nearly 20 percent of home fires resulting from Christmas tree were intentionally set. About half of the Christmas tree fires that were intentional happened in the month of January and are believed to be related to the disposal process.

Common causes for Christmas tree fires:

-About a third of fires happen because of electrical problems.

-About 20 percent result from a heat source being too close to a Christmas tree.

-Nearly 15 percent of the fires are caused by decorative lights.

-More than 10 percent of Christmas tree fires are caused by candles.

-About 40 percent of these fires begin in a home's living room, den or family room.

-Nearly 20 percent of these fires are set intentionally.

When do these accidents happen?

-Half of them, to no surprise, happen in December.

-A third of them start in January.

-Nearly 20 percent happen in November or February.

Christmas tree safety tips:

-If you choose to have an artificial tree, make sure that it's labeled, identified and certified by the manufacturing company as flame retardant.

-If you're purchasing a real tree, make sure to choose one that is fresh and has green needles that don't fall off when you touch them.

-Before putting your tree in the stand, cut an inch or two from the base of the trunk.

-Make sure it's placed somewhere that's at least 3 feet from any heat source.

-Make sure it's not blocking an exit.

-Water you tree, placing water in the stand, daily.

-Use tree lights that are labeled by an independent testing laboratory.

-Replace any string of lights that have loose bulb connections or have broken cords.

-You should never connect more than 3 strands of lights.

-Never use candles to decorate a Christmas tree.

-Remember to always turn off the tree's lights and blow out candles before leaving your home or going to bed.

Continue reading "Christmas Tree Fires in Massachusetts and Elsewhere Cost nearly $20M Every Year" »

Now that we are in the height of holiday travel season, it is probably fair to say that motorists have more fear of having an encounter with a drunk, aggressive or distracted driver. The drivers who probably should fear a car accident in Newton, New Bedford, Cambridge or throughout Boston the most are elderly drivers who don't react as quickly or see as well to avoid a collision.

Massachusetts personal injury attorneys understand how important it is to keep loved ones close during the holidays. Sometimes we notice a decline in an elder parent so it is important to monitor his or her driving skills and talk about ways to stay safe this time of year. Keeping older adults off roadways as much as possible this time of year is an important step in keeping them safe throughout the holiday season.

Recent studies are showing that elders are involved in fewer accidents compared to previous years even though there is an increase in registered drivers over the age of 70.

SouthCoastToday.com reports elders feel like they get the brunt of the blame when they driver more cautiously than a teenager or other risk-taking motorists. A fatality report provided by the Insurance Institute for Highway Safety (IIHS) indicated that drivers over age 70 have improved the rate of accident involvement more than young adults or middle-aged drivers. In addition, a driver over the age of 74 is less likely to kill other vehicle occupants, motorcyclists, bicyclists or pedestrians than a licensed driver between the ages of 30 and 59.

In 2008, the Federal Highway Administration reported 22 million licensed drivers over the age of 69 on U.S roadways. In 1997, there were fewer than 18 million drivers in this age group. According to the Massachusetts Department of Transportation there are currently 316,548 senior drivers between 70-79 years-old, 171,242 drivers between 80-90 years-old and over 24,500 drivers over 90 years old. People are not only living longer but they are driving longer despite efforts to keep them off roadways.

State lawmakers have considered restricting elder drivers or requiring them to take tests. Within the last 12 months, there have been more than 10,000 seniors over age 70 involved in a Massachusetts car accident. To date, state officials only require vision tests for drivers 75 and older every 5 years. One problem that haunts elder drivers is difficulty seeing, especially at night. With the advancement and success of laser eye surgery local police officials don't see elderly drivers as a problem worth raising too much concern over. Teens and young drivers are just as big of a problem.

The Massachusetts Registry of Motor Vehicles does not limit drivers based on age alone. Instead, Massachusetts is a self-reporting state and base licensing standards on a driver's functional ability. Self-reporting means each driver (or someone who takes note) is responsible for reporting personal medical conditions or age-related issues that can affect driving ability. According to IIHS, 28 states throughout the country place standards on senior drivers which may include vision tests, driving tests or shorter renewal periods.

Keep your elderly loved one safe this holiday season by offering to take them shopping or driving them to run weekly errands.

Continue reading "Massachusetts Older Drivers Staying Home Reduces Risks of Car Accidents in Boston This Holiday Season" »

Recently reported hunting accidents during deer-hunting rifle season have our Boston personal injury lawyers reminding hunters to stay safe out there. Not only are you at risk of being shot inadvertently by another hunter but you could suffer a slip accident in the darkened woods or a fall accident from a deer stand.

Nashua Patch reported two separate Massachusetts hunting accidents on opening day. A man from Marlborough was shot and killed by another hunter in an early morning incident while hunting with his father and brother in Lisbon. Later that day, a hunter from Pittsfield was severely injured after being shot in the buttocks while hunting with a group of five hunters.

The Milford Daily News reports more hunting permits handed out in our region this year means more hunters will be out there looking for the ultimate prize, a multi-pointed buck. In an effort to control the animal population throughout Massachusetts, hunters will be permitted to hunt an additional 850 deer this year compared to last year. Massachusetts hunters are permitted to kill two bucks in addition to antlerless deer. In total, 9,000 antlerless deer can be hunted and killed in Metro West, Greater Boston and North Shore in addition to the just shy of 9,000 that can be killed in Zone 11.

With so many hunters out there this year, hunting safety becomes a prominent concern. According to NashuaTelegraph.com, wearing orange can make a hunter easier to spot even in thick brush or popular hideouts. Wearing bright orange doesn't scare the deer away because they can't distinguish colors like red, green, yellow or orange but it can make hunters highly visible to anyone else sharing the woods. Neighboring New Hampshire has reported 31 firearm-related accidents since 2000 but only 11 of them involved a hunter dressed in bright orange. All 11 were considered accidental from a fire mishap or careless handling.

Massachusetts requires hunters to be dressed in bright orange and take a hunting safety course prior to going out to hunt. Education and awareness can keep hunters safe and making the right choices when it comes to avoiding injuries.

Keep safety in mind by using these additional hunting safety tips from Massachusetts Division of Fisheries & Wildlife:

-Never drink and hunt. Alcohol is a bad combo when it comes to using a loaded firearm.

-Don't keep guns loaded when you aren't using them.

-Use a haul line to raise your gun or gear.

-Only fire when you are sure of your target and what is behind it.

-Never run, jump a ditch or climb a tree with a loaded gun.

-When using a tree stand, wear a Fall-Arrest System or full body harness to prevent a fall accident from heightened levels. Make sure the stand is sturdy before using.

-Hunt with a friend in case an emergency arises and rescue help is needed.

-Keep a charged cell phone on silent but handy in case an accident occurs.

-Always keep guns and ammunition stored separately.

Continue reading "Fatal Massachusetts Hunting Accidents a Reminder to Wear Orange to Reduce Injury During Deer Hunting Season" »

Our Boston car accident attorneys recently discussed the dangers that come along with Daylight Saving Time and with the sun setting sooner in the day. We would now like to discuss a recent episode of HEALTHY VISION with Dr. Val Jones. She recently spoke with optometrist Dr. Cristina Schnider and John Ulczycki of the National Safety Council to talk about the dangers we face on our roadways during evening driving.

The reduction in visibility with nighttime driving brings about increased risks of a car accident in Boston mainly because of how our eyes work. When our pupils enlarge because of low-light situations, the focusing mechanism needs to work harder. When there's not much to focus on, as is typically the situation at night, our eyes rapidly move around looking for something to focus on. This can cause drivers to overlook important details on the roadway.

Sometimes the eye will focus on the windshield for instance, ot the glare or bugs on the windshield. This is not a good thing. Schnider recommends that drivers continuously look left and right scanning the roadway to allow your eyes to focus in on the important factors.

This may sound odd, but Schnider also reminds drivers to remember to blink. Drivers tend to keep their eyes open for a longer period of time while driving during the night in an attempt to better focus on things. The lack of blinking can cause eyes to dry out. Air conditioning and open windows can also cause your eyes to dry out, which can negatively affect your vision. You're also recommended to take frequent breaks when driving at night, and for long road trips if possible have another licensed driver with you to share the driving duties if needed. Drivers can strain and dry their eyes while driving for long periods of time in the evening hours.

Your risk for being in a car accident during the evening is three times higher than your risks of getting into an accident when it's light out, according to Ulczycki. He says peripheral vision is greatly reduced when we drive at night because our eyes are so busy focusing on what's directly in front of us. He notes that about 25 percent of travel happens during evening hours and nearly 50 percent of fatal accidents happen during the nighttime.

He says that drivers oftentimes have a misconception of risk at night. He says because drivers are unable to see risks as well during the night as they are during the day, they believe that the risks aren't there. The truth is that the risks are still there and drivers need to adjust their driving to compensate for this reduction in visibility. Keep your eyes moving, keep looking around and keep it cautious to avoid a risk nighttime driving situation.

Continue reading "Nighttime Driving Reduces Visibility and Increases Risks for Car Accidents in Massachusetts" »

Our state is getting serious snow super early this year. Last weekend, Boston got an inch of snow while Cambridge saw 1-2 inches. This snowfall was extremely rare for October.

Some parts of western Massachusetts saw more than a foot of snow, paralyzing parts of the Northeast. The storm left more than 620,000 residents without power. It started out with heavy rains and ended with a wicked snowstorm. Many towns in western Massachusetts broke their record for snowfall in for the entire month of October.

Boston's record for October snowfall still sits at 1.1 inches, which was set back in 2005. Worcester broke the record with the largest margin at 14.6 inches of snow.

As of November 1st, Western Massachusetts Electric Co. reported that more than 90,000 of its 210,000 plus customers still didn't have electricity. Power outages aren't the only inconvenience residents in the area are facing. With the wicked weather we have wicked driving conditions. Roadways throughout the state were icy and covered in snow. These conditions, no matter how careful the driver, can produce serious risks of car accidents in Massachusetts. Two people in Massachusetts have died from car accidents in the snowy weather already.

Our Boston car accident attorneys understand that businesses have been closed, school has been canceled and Halloween has been postponed in some areas. Officials report that it could be days before some residents see the power restored to their homes and businesses. Governor Deval L. Patrick urges all residents who are without power to remain patient.

"This is a house-by-house, branch-by-branch kind of response," said Patrick.

About 700 guardsmen are posted throughout the state. In addition to the two motorists who were killed on our roadways, another man has died because of a downed power line.

Worcester, Massachusetts' officials have asked parents to hold Halloween celebrations on Thursday. This is when the weather is expected to improve. By Thursday, emergency responders should have all of the downed power lines and trees removed from the streets as well.

Among the area that was affected by this storm, nearly 2 million people lost power, more than 20 people died in traffic-related accidents and electrocutions.

A train from Chicago to Boston also got stuck in the mess. It was stopped in central Massachusetts with nearly 50 people on-board, according to Amtrak officials. The truck was stuck in Palmer, Massachusetts. The snowstorm caused a rockslide that blocked off the tracks. Passengers have been rescued and were taken to their destinations by bus.

The snowstorm has caused Amtrak to delay a number of other routes in the area.

Commuters are urged to check out "T Alerts" to see if any rail services have been delayed.

The rest of the week's forecast is expected to be back to normal, with weather in the mid-50s. For a complete review of the upcoming forecast, visit the Boston Globe's website.

Continue reading "October Snow Storm Brings Inconveniences and Injuries to New England" »

A recent hayride at Applecrest Farm in Hampton Falls, N.H., left a 51-year-old woman injured after she jumped in front of a carriage that was being towed by a runaway horse, according to Seacoast Online. The woman was taken to the Beth Israel Deaconess Medical Center in Boston and was listed in critical condition. She and her husband own the horses that are used for the hayrides at the farm.

Attractions have an obligation to the public to provide safe entertainment and safe equipment. With the fall season kicking off, many residents and visitors will be participating in hayrides, haunted houses and other seasonal events. Attraction owners and operators are urged to keep safety as a top priority to prevent injury in Massachusetts. Remember to clear fire exits, remove hazards that could lead to injury and to always have a safe backup plan.

Our Boston personal injury attorneys understand that hayrides are a popular attraction during this time of year. Unfortunately, without the proper safety precautions, these relaxing rides can turn into a nightmare. According to officers, two carriages were heading in opposite directions when a part of one of the carriages malfunctioned, startling both horses. The operator of the runaway carriage was unable to regain control of the horse.

Witnesses report that the horses got spooked when an axle on the wheel came off just about one minute into the ride, and chaos ensued. The runaway horse and carriage were heading directly at the other carriage, which then frightened a third horse. Luckily, none of the carriages tipped over, but the driver of one of the carriages was launched from the buggy and dragged underneath.

The horse finally stopped when the carriage got caught between a rock and a tree. The driver was taken to Exeter Hospital.

Riders of the stopped carriage rushed to help the other set of runaway horses. This is when the 51-year-old woman was trampled on by a runaway horse and then by the carriage. Luckily, no passengers fell off that carriage. The woman doesn't blame the horses for the accident, instead citing the farm-owners' faulty wagon.

Lt. Gary Wood from the State Police Department reported that the Occupational Safety and Health Administration (OSHA) and the Rockingham County attorney's office are investigating the accident. OHSHA has been called in to investigate because the accident happened at a business.

This is similar to a recent accident that happened at an air show in Reno, Nev. Visitors showed up to enjoy a spectacular event, but when a P-51 "Galloping Ghost" Mustang apparently malfunctioned, it took a nosedive into the box seats of the VIP section. This is yet another example of faulty equipment causing visitor injury.

Companies have a responsibility to keep all visitors and employees safe by following a prescribed set of federal guidelines.

Continue reading "Malfunctioning Equipment Spooks Horses and Injures Visitors in New England Hayride Accident" »

A fatal accident between the Amtrak Downeaster and a tractor-trailer is being blamed on a distracted truck driver. Officials believe that the driver was operating a mobile communication device when the collision happened just south of Portland as he was heading to Boston, according to Bangor Daily News. In the fiery collision, the truck driver was killed and several others were injured.

Our Boston personal injury attorneys understand just how dangerous using a cell phone or a text messaging device while driving can be. Unfortunately, there are many motorists who are unaware of these dangers, or fail to recognize them, and continue to put innocent residents in serious danger. To help combat this problem, the state of Massachusetts has enacted a law prohibiting drivers from texting at the wheel. As for talking on a cell phone, only drivers under the age of 18 and bus drivers have been banned, according to the Insurance Institute for Highway Safety.

According to distraction.gov, there were about 5,500 people killed in 2009 in the United States because of car accidents in Massachusetts and elsewhere that involved a distracted driver. Another 500,000 people were injured. These accidents accounted for about 20 percent of all of the accidents that were reported to have resulted in injury. Of distracted driving-related accidents, nearly 1,000 reports concluded that the use of a cell phone was the driver's distraction. These types of accidents are becoming more and more frequent as technology continues to advance.

Officials looked into the truck driver's GPS records, phone records and the records of other electronic equipment after the fatal Maine accident. They believe that a distraction was the most plausible reason as to why the truck, which was carrying about 20 tons of trash, was unable to stop for the passing train in time.

"The cause of this crash is driver inattention/distraction," said North Berwick Police Lt. James Moulton, according to a press release.

According to accident reports, the garbage truck skidded for about 200 feet before colliding with the passing train, which burst into flames. Four train passengers and two Amtrak employees were injured. Police reports also indicate that the crossing's gates and lights were working properly when the accident occurred.

The Downeaster was traveling with more than 100 passengers at about 70 mph when the accident happened.

Distracted driving habits are typically caused by three characteristics: visual, cognitive and manual. All three are required to safely navigate your way through congested city streets. Cell phone, text messaging devices and other hand-held devices all take a driver's attention on our roadway. All of these activities greatly increase your risks of being involved in a motor vehicle accident. These risks can also be greatly reduced by simply putting down the phone. Help to make our roads a safer place.

Continue reading "Distracted Trucker Heading to Boston Slams into Amtrak Train Causing Fiery Accident" »

A recent all-terrain vehicle (ATV) accident left a 23- and a 24-year-old in the hospital. Both men involved in the ATV accident were from Massachusetts. The accident happened when their ATV struck an embankment on Greenwood Brook Road in Maine and flipped over, according to the Morning Sentinel.

Unfortunately, young and inexperienced riders are more likely to be involved in an ATV accident in Massachusetts and elsewhere through the summer and fall months.

Our Boston personal injury attorneys understand how serious these types of accidents can be. In this particular accident, one of the Massachusetts riders was trapped underneath the ATV as it flipped. The rider was transported by Northstar EMS to Franklin Memorial Hospital in Farmington. We're thankful that both riders were wearing their helmets at the time of the accident otherwise injuries could surely have been fatal.

According to AVTSafety.gov, there were more than 615 reported deaths resulting from ATV accidents in 2008. Officials believe that number to be much higher as they predict that not all accidents were reported. Officials believe that number to be much closer to 800 than 600. There were also more than 135,000 injuries reported as a result of accidents involving ATVs.

"As nurses who initiate immediate care to patients admitted for ATV injuries, the sorrow and pain of parents and family members of ATV victims is heart wrenching. If stronger regulation of ATV safety would save the life of one young child, it would be worth it all" said Linda Altizer, RN, from the National Organization of Orthopedic Nurse's Board of Directors.

Follow these safety tips to help prevent injuries resulting from an ATV accident:

-Enroll in a safety course. Many hands-on courses are offered and can teach drivers about a number of situations a rider can expect to encounter. Drivers who complete a safety course are less likely to be involved in an accident.

-Make sure you're wearing your gear. Riders are urged to wear a helmet when riding. The more gear your wear, including gloves, a jacket, goggles, proper pants and above-the-ankle shoes can significantly reduce your risk of being injured.

-Don't ride with passengers. More than one rider on an ATV greatly increases your risk of being involved in an accident. Most ATVs are made to only carry one person anyway. Drivers must be able to shift their weight in any direction at any time, passengers make this much more difficult.

-Don't drive on paved roads. Because of the design of ATV, most of them are difficult to handle on paved roadways. A great number of fatalities occur in this area. Collisions with cars oftentimes turn deadly.

-Don't allow children to drive. Children represent a third of all ATV-related deaths. Most of these fatalities occur when a child is driving an adult ATV. Riders under the age of 16 are twice as likely to be injured as those in any other age group on an ATV.

Continue reading "Two Young Massachusetts Men Injured in ATV Accident" »

A senior citizen from Taunton was recently involved in a serious single-car accident in Massachusetts. The vehicle flipped as the elderly driver plowed into the Reed and Barton silver company building. She landed right-side up and had to wait for emergency personnel to come and pry her from the vehicle, according to the Taunton Daily Gazette.

The accident happened when the vehicle's tire popped when she was driving along West Brittania Street. Her car was thrown down a hill about the length of a football field. The vehicle struck a brick wall before coming to a stop. Emergency responders used the Jaws of Life to cut the driver's side door off to retrieve the elderly driver.

Our Boston personal injury attorneys understand that with age comes an increased risk of being involved in a car accident. Elderly drivers may not be able to react as quickly to dangerous situations on the road as younger drivers can. Residents are urged to keep an eye on their elderly family member's motor skills to help ensure that they're safe on our roadways. If you feel that an elderly loved one's driving ability may be drifting away, you're urged to talk with them about hanging up their keys -- for their safety.

The elderly driver was taken to the Morton Hospital and Medical Center and was later transported to Beth Israel Deaconess Medical Center in Boston. Hospital staff has yet to release information regarding the driver's condition.

Losing the ability to drive safely is a part of life as it comes with age. It doesn't mean that everyone needs to stop driving at a specific age. It just means that we need to keep an eye on our driving skills to be able to determine when it's best for us to stop. It's important to remember that giving up the keys doesn't mean handing over our independence. Elderly residents who stop driving find a need for alternative forms of transportation which oftentimes can come with a number of social and health benefits.

If you're experiencing any of the following symptoms listed from HelpGuide, you could be at an extremely high risk for being involved in potentially fatal accident:

-Are you having trouble looking over your should for surrounding traffic? This is oftentimes caused by stiffness in the neck or aching joints.

-Pain in your legs is another symptom that can affect your ability to drive. Leg and foot pain can stop you from pressing the right pedals, whether it's the brake or the gas pedal, when needed.

-Are your arms feeling weak? This pain can make it difficult for your move the steering wheel quick enough to avoid an accident.

-Unfortunately, reaction time slows with age. With a slower reaction time, you're less likely to able to spot a vehicle entering your path in time to avoid crashing into it.

-Road signs and signals may start to seem overwhelming. Elderly drivers can also become overwhelmed with traffic and pedestrians. Unfortunately for aging seniors, keeping track of multiple tasks can become more and more difficult.

Aging residents are urged to keep an eye on their driving abilities and to understand that there may come a time when you're better of finding another mode of transportation besides driving. Family members are also asked to keep an eye on the elderly drivers in their life to make sure that they're not putting themselves in danger on our roadways.

Continue reading "When Should an Elderly Driver Hang up the Keys to Avoid a Car Accident in Boston?" »

Massachusetts state law says that dangerous sexual offenders are no longer allowed to live in nursing homes. Recently, the Massachusetts Supreme Judicial Court ruled that law to be unconstitutional, according to boston.com.

The unanimous vote concluded that the rights of one specific sexual offender were violated after a local nursing home asked him to leave because of his offender status. The state law that banned these individuals was initially invoked back in 2010.

Advocates for the rights of these sex offenders believe that they too need long-care living facilities. They're hoping that nursing home administrations will start allowing Level 3 offenders into their facilities, since the previous law had been proven unconstitutional. Opposing parties believe that by allowing these sexual offenders into the homes that they are increasing the risks of sexual-related nursing home injury in Boston and elsewhere. They believe that residents should be protected from these individuals while living in these facilities.

Our Massachusetts nursing home neglect lawyers understand the risks of allowing offenders to live in these homes. The law stated that these people lost certain protections, like right to privacy, when they were labeled as offenders. Level 3 represents a group of offenders that the government has concluded is likely to reoffend in the future.

"Those who have been released from incarceration...are free to live where they choose and to move freely within and without the Commonwealth,'' said Justice Fernande R.V. Duffly.

The State Constitutions clearly protects a person's decision on where to live.

Some believe that this specific ruling only applies to the sexual offender that was up for discussion in this particular case and not for our society as a whole. Advocates are hoping that local nursing homes won't start acting as if the law doesn't exist anymore. Others argue that this change will in fact apply to everyone from here on out. If it's unconstitutional to ban one person from living in a chosen assisted living center for being a Level 3 offender then it's unconstitutional to ban anyone else that meets the same criteria.

Previously, many nursing homes would gladly deny residency to Level 3 offenders and used the previous law as they're defense. They argued that the banning of these individuals helped to protect residents, visiting family members and employees.

The recent ruling only focused on the ban of Level 3 offenders. No other individuals were taken into account in this decision. The ruling also did not take into account the locations of these areas and their location in reference to local schools.

Continue reading "Nursing Homes Accept Sexual Offenders in Massachusetts " »

A recent teen car accident in Massachusetts is still being investigated by accident reconstruction teams. Capt. William Breault said that the accident happened in Dover on Dover Point Road right in front of St. Thomas Aquinas High School; a 17-year-old driver reportedly traveled into the path of another vehicle. Both vehicles suffered severe front-end damage, according to Foster's Daily. All four motorists involved in the accident were taken to Wentworth-Douglass Hospital with varying injuries.

Authorities are investigating why the teen driver, who was heading northbound on that road, crossed over into the southbound lanes.

The road was closed for a number of hours so that investigation crews could assess the scene of the accident. Once the investigation is complete, a prosecutor will review the data and could potentially file charges.

Our Boston teen car accident attorneys know the fall is a dangerous time for teen drivers as kids head back to school. Motorists are urged to be on the lookout for these inexperienced, young drivers. According to the National Highway Traffic Safety Administration, traffic accidents are the number one killer for teens aged 15- to 20-years-old in the United States. Parents are urged to step up and talk with their young drivers about the importance of safe driving habits and about the consequences of poor driving decisions. Please do your part to help a teen driver avoid a potentially fatal accident this school year.

This is the third entry of a three-part blog that discusses the different modes of travel that our students will be taking to school this year and the dangers that accompany them. Parents are urged to look over the articles and discuss the safe-travel tips with their children to help to ensure that they make it to and from school safely this school year.

There were nearly 2,500 young drivers killed in traffic accidents in the United States in 2009. Another 196,000 teen drivers were injured in these incidents. More than 5,000 teen drivers were involved in fatal accidents during the same year. Teens made up more than 10 percent of all of the drivers involved in fatal accidents during this time.

Massachusetts witnessed nearly 50 teen deaths resulting from car accidents in our state in 2009.

Parents could quite possible be the most influential people in a teen driver's learning process. For this reason, parents are urged to step up and get involved with their teen's driving experience. Offer them plenty of practice time and appropriate feedback regarding their driving skills.

Here are some tips for parents to discuss with their teen driver to help keep them safe on our roadways:

-Make sure teens wear their seat belts. Recent statistics conclude that this age group is least likely to buckle up on our roadways. A majority of teens that died in car accidents were not wearing their seat belts.

-Shut off your phone. Nearly 20 percent of teenage drivers that were involved in a fatal car accident were distracted. Lead by example.

-Limit the number of passengers they're allowed to drive with. Passengers can be one of the most deadly distractions. Limiting passengers limits your teen's risk of being involved in a serious accident.

-Watch the speed. This is especially important for young male drivers. Make sure they know, and abide by, all speed limit postings.

-Warn them about the dangers of drinking and driving. Even though they may not be old enough to buy alcohol, that doesn't mean they can't get it and won't drink it.

-Limit their nighttime driving. Nearly 20 percent of all young driver deaths occurred during the evening hours.

-Make sure your teen's car is safe and is well-maintained. Check the brakes and tire pressure. Look at the fluid levels under the hood. Check that their lights are working properly.

-Set check-in rules for your teen. Make sure that they call or text when they arrive at their destination and when they are leaving to head home.

Continue reading "Inexperienced Teen Drivers Heading to and from School Facing Risks of Car Accidents in Massachusetts" »