Boston Personal Injury Attorney Blog

July 3, 2012

Happy Fourth of July from our Boston Personal Injury Attorneys

“Even though fireworks are illegal in Massachusetts, unfortunately every Fourth of July we usually see at least a few fireworks-related injuries,” said Dr. Paul Biddinger with the
Massachusetts General Hospital.

The bottom line is that fireworks are dangerous, even sparklers. Unfortunately, there are still thousands of people who are injured in firework-related accidents in Boston and elsewhere. In 2011, there were more than 9,000 people who were injured in these accidents. Another 4 people were killed by fireworks during the year. About 70 percent of these accidents occurred during the 30 days neighboring the Fourth of July. This year, residents are asked to be safe, be cautious and to leave the firework displays to the professionals.

Our Boston personal injury attorneys understand that Massachusetts’ state law forbids all private citizens from having or using fireworks. In the state it’s also illegal to transport legally obtained fireworks, this means into or out of the state. Because of these laws, the rate of related injuries and hospital visits resulting from fireworks is nearly 5 times lowers than the country’s average, according to the Boston Globe.

According to the U.S. Consumer Product Safety Commission (CPSC), most of the injuries from fireworks each year are caused by sparklers, accounting for nearly 20 percent, and firecrackers, accounting for another 15 percent. About 25 percent of all of these accidents and injuries occur to individuals who are under the age of 15. Regardless, people of all ages should be careful when they’re around fireworks. Accidents happen when people aren’t paying attention.

“Consumers need to heed our warning: fireworks related incidents, especially those involving illegal fireworks, can be fatal,” said CPSC Chairman Inez Tenenbaum
If you’re venturing out on a Fourth of July vacation and your plans include fireworks we’re asking you to be safe, to be responsible and to use common sense. To help you, we’re offering you some firework safety tips from the CPSC.

Firework Safety Tips:

-Young child should never be allowed to handle fireworks.

-Never purchase fireworks that come in a brown paper bag. This is a sign that they may have been made for professional firework displays and ultimately could be very dangerous for you.

-Never place any part of your body directly over a firework device when lighting it.

-If a firework doesn’t light don’t attempt to relight it.

-Never point or throw fireworks at anyone.

-Always keep water nearby, whether from a hose or in a bucket.

-Never shoot fireworks off from a metal or glass container.

-Never use fireworks in areas where they’re illegal.

For a list of firework displays in and near the Boston area, you can visit the Boston Central website. Many towns celebrate on different dates and at different times, so it’s easy to find a display to fit your schedule.
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July 2, 2012

Car Accidents in Boston Reduced by Automation?

by Jeffrey S. Glassman

Recently, General Motors and some of its researchers looked into how non-driving activities influenced driver behavior. They looked into how self-steering vehicles affected us behind the wheel. One of the surprising findings is that drivers’ awareness actually improved when the car took hold of driving, according to Motorway America. Researchers wanted to know just how these newer technologies affected drivers and how effective they were in reducing the risks of accidents in Boston and elsewhere.

“Drivers are already engaging in risky behavior, and are likely to continue doing so…so why not make it safer for them and the people around them,” said Dr. Eddy Llaneras, principal investigator for the study.

Our Boston personal injury attorneys understand that researchers are looking to make some kind of vehicle automation that’s equipped with safeguards. They believe that this technology may be able to improve the dangerous behaviors that are already found all over roadways nationwide.

According to the AAA Foundation for Traffic Safety, about a third of all drivers say that they email or text message behind the wheel on a regular basis. This stands true despite common views on the behavior, saying that’s they know it’s dangerous. Distracted driving is all too common on our roadways and takes the lives of thousands of people each and every year. Researchers are working diligently to find a way to reduce the dangers that are associated with it.

In the General Motors’ study, officials looked at a driver’s attention to the road in both hands-on and automated steering circumstances. Both were recorded while the vehicle’s cruise control was activated. When drivers were engaging in other activities, aside from driving, they split they vision between the road and whatever else they’re doing. The study concluded that crash avoidance technologies actually help to keep a driver’s attention and vision on the road. Their attention actually increased by more than 125 percent when the automated steering was activated.

With the new study, researchers and GM were looking for a way to better keep drivers engaged while the automation was activated.

When drivers were questioned about these kinds of cars and their technology, many drivers expressed interest, especially when taking them on long road trips or by helping to alleviate driving worker’s stress.

The study was partially funded by the Federal Highway Administration although they do not necessarily endorse all its findings.

Automated vehicles have been moving quickly toward our roadways with each passing year. Researchers are getting closer and closer to creating a car that can steer itself. We already have in-car technologies that can help to warn drivers when there’s danger approaching. While these technologies all look good on paper and have some benefits in helping to reduce the risks of accidents, there’s still nothing more effective that safe and alert driving habits from everyone!
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June 26, 2012

Bicycle Accident in Bridgewater Seriously Injures Elderly Rider

by Jeffrey S. Glassman

In a recent bicycle accident in Bridgewater, an 81-year-old cyclist was severely injured. According to recent reports, his condition has grown worse. It all happened as the elderly rider was riding in the breakdown lane on Pleasant Street when his bicycle was hit by a passing motorist that was heading in the same direction, according to the Taunton Daily Gazette.

Immediately following the accident, the rider was transported to the Good Samaritan Medical Center in Brockton and then later taken to Mass General via MedFlight. It was there where he was admitted to the surgical intensive care unit. Last reports indicate that his condition was deteriorating.

Our Bridgewater bicycle accident attorneys understand that there were more than 600 bicyclists killed in auto-related accidents in just 2010. According to the most recent statistics from the National Highway Traffic Safety Administration (NHTSA), there were another 52,000 bicyclists killed in these kinds of accidents. You may not think that there are a lot of bicyclists on roadways, but these traffic fatalities account for 2 percent of all of the fatalities during the year. Bicyclists are some of the most vulnerable travelers on the road.

Bicyclists are urged to be extra careful when traveling along our busy roads. When riding a bike you should always cross the street at an intersection with a crosswalk or with a traffic light. Nearly 70 percent of all fatal bicycling accidents in 2010 occurred at non-intersections.

Bicyclists are also warned when traveling during the evening hours. About 30 percent of these accidents occurred between 4:00 p.m. and 7:59 p.m. The second most dangerous time for these accidents was from 8:00 p.m. to 11:59 p.m.

If you happen to be 42-years-old you might want to be a little more careful when biking around the city, too. The average age of bicyclists who were killed in traffic accidents in 2010 was 42. During the last decade, there has been steady increase in this average.

Don’t forget about the kids though. Our youngest riders may not be able to comprehend the dangers that come along with traffic. They may dart out into traffic. They may not stop for oncoming vehicles. And they may wind up in a potentially fatal accident. Be sure to keep an eye on the young riders in your family. If they’re under the age of 10, don’t let them ride without the supervision of an adult. In 2010, bicyclists under the age of 16 accounted for more than 10 percent of all of the bicyclists who were killed and another 21 percent of all those who were injured.
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June 24, 2012

Motorcycle Accident on Mass Ave. Kills One

by Jeffrey S. Glassman

According to Massachusetts State Police (MSP), a 20-year-old motorcyclist was killed while crossing over the Massachusetts Avenue Bridge. Officers report that the biker collided with an SUV and then with a pickup. He was taken to the hospital right after the Boston accident, but was pronounced dead. According to 7News, it happened just before 3:00 p.m. on the Boston side of the bridge. Officers say that the man was wearing a helmet at the time of the accident but it wasn’t enough to save his life. The bridge was closed until that evening so that officials could investigate.

“Guy hit the bike, guy went flying, I ran over him,” said the pickup driver involved in the accident.

Our Boston motorcycle accident lawyers understand that there are a lot more motorcyclists on our roadways this time of year. For that reason, we’re asking drivers to be careful of everyone, especially motorcyclists. These two-wheeled travelers are extremely vulnerable for serious injury or death in the event of an accident. Sometimes not even a helmet is enough to save them. All drivers need to be cautious of one another and keep an eye on our vehicle’s surroundings to help to avoid a potentially fatal accident. One wrong move can wind up costing someone’s life.

In 2009, there were nearly 5,000 riders who were killed in motorcycle accidents nationwide. In addition to these fatalities, there were 90,000 motorcyclists injured, according to the National Highway Traffic Safety Administration (NHTSA). Many of these accidents, injuries and fatalities could have been prevented if drivers took the extra time and actually looked for these riders. Oftentimes, they’re just overlooked on our roadways because drivers don’t see them or don’t give them the proper respect on the road. The truth of the matter is that these travelers have the same rights and follow the same laws as you and I. They should be treated that way, too.

Motorcycle Safety Tips from the Massachusetts Department of Transportation (MassDOT):

-Drive like drivers can’t see you. Make your presence known.

-Consider adhering reflective materials to your helmet. Make sure that it’s DOT-approved. That’s your most valuable piece of protective gear.

-When riding at night, wear bright-colored clothing.

-Be on the lookout in poor weather, traffic and adverse road conditions. Be sure to keep all of your attention on your surroundings.

-Always use your headlights while riding on the highway. You should always use your high beams rather than low beams.

-Avoid hiding in a driver’s blind spot, and always signal before making a move.

-Never weave between lanes.

-Never share a lane with a car.
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June 18, 2012

Oral Contraceptives & Risk of Dangerous Medical Products in Massachusetts

by Jeffrey S. Glassman

If you’re taking birth control pills you might want to listen up! A number of studies have concluded that there are complications that can stem from YAZ, Yasmin and Ocella birth control pills.

According to some researchers, these pills have progestin drospirenone in them, which has previously been linked to venous thromboembolic events. Some of these events have been ischemic stroke (CVA), myocardial infarction (MI), deep vein thrombosis (DVT), pulmonary embolism (PE) and even heart attacks.

Both YAZ and Yasmin are products of Bayer AG. Ocella. Bayer AG. Ocella is the generic product of Yasmin and is distributed by Barr Laboratories. If you’re taking any of these pills, you may be increasing your risk of injury by a dangerous pharmaceutical product.

Health complications from oral contraceptives can have some lasting effects and can even be deadly. Be cautious, be careful and look into your medications and contraceptives before taking them!

In addition to using these pills as contraceptives, many woman take them to treat osteoporosis, menopause and moderate acne. As of April of 2012, Bayer AG has already dished out more than $140 million to patients who claimed that YAZ or Yasmin has cause blood clots. Blood clots can cause some serious complications with your health and can even kill you.

Our Boston medical malpractice attorneys understand that some experts believe that Bayer has dished out even more for health complications resulting from its products. According to Richard Vosser, an analyst with JP Morgan Chase & Co., the company is believed to have already paid close to $3 billion to resolve various lawsuits against Yasmin and YAZ. There have already been about 500 lawsuits involving a number of injuries, most commonly blood clot injuries, which have been resolved. This doesn’t even account for half of the lawsuits against the company as many are awaiting a resolve.

There have also been a number of cases in which patients have claimed that the contraceptives have caused them gall stones and/or gallbladder damage. The company says that these claims are untrue and are not linked with their product.

Back in April, the U.S. Food and Drug Administration (FDA) ordered both Bayer and the makers of other contraceptives that had drospirenone in them to beef up their warnings. The FDA wanted the companies to better inform patients about these products and their risks for blood clots and other serious health problems. According to researchers, the drug drospirenone can increase a patient’s risk for blood clots by nearly three times.

In the last couple of years, there have been more than 10,000 lawsuits against YAZ that have been filed in federal courts. Each of these lawsuits alleging product liability. Women over the age of 35-years-old who have a history of serious medical issues or smoke are among those who are most at risk of developing complications from taking YAZ and other oral contraceptives.
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June 14, 2012

Reducing Risks of MBTA Accidents in Boston through New Smartphone App

by Jeffrey S. Glassman

As our Boston Personal Injury Lawyers recently reported, ridership on the T has increased in recent months.

Massachusetts Bay Transportation Authority (MBTA) officials are crediting the new See Say smartphone app for the increase.

It’s helping riders to navigate their trips a whole lot easier, allowing them to see exactly where their ride is and when it’s supposed to arrive. It’s also helping to give riders a piece of mind. The app also allows residents to report any kind of suspicious activity that they see on the MBTA to Transit Police. With just a click of a button, MBTA riders can upload accident reports and they can share both text and pictures. All of these features are helping riders to stay safe during transit and to help them to get to and from their destinations in a timely manner.

“Transit Police are always looking for new tools to empower riders,” said Paul MacMillan, MBTA Transit Police Chief.

Our Boston personal injury attorneys understand that communication is an important part of traveling throughout the city. When riders are joining in, we have eyes and ears throughout the MBTA system. With participation from riders, we can help to hold the MBTA accountable for a comfortable and safe transit environment. It starts with you. With everyone involved we can have the safest transit system in the country.

In addition to the app is the “If You See Something, Say Something” campaign and it is using efforts from both local and state agencies to help to educate the riding public. The campaign is helping riders to keep an eye on their surroundings at all times when using public transportation. Riders are urged to report anything that they feel is suspicious. You can make these reports with the click of a button through the new app.

This campaign was first launched back in 2003 by the MBTA after it learned of a similar campaign from New York City’s Metropolitan Transit Authority. It’s currently being funded through a grant from the Department of Homeland Security’s Transit Security.

What’s exciting is that Massachusetts and the MBTA are the first in the country to release a smartphone app as a part of the “If you see something, say something” campaign.

The See Say app:

-has been created for transit and other areas that don’t have very good cell phone reception. With the app, reports will be sent as soon as the rider has a signal.

-is discrete. It allows riders to send out reports anonymously. The app shuts off a rider’s camera flash on their phone when taking a picture of something suspicious.

-sends reports directly to the Transit Police dispatch center.

-lets riders know about delays and service issues through T-Alerts.

Officials with the MBTA say that it’s important that we all look out for one another. Report all suspicious activity to help keep all of our fellow riders safe.
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June 10, 2012

MBTA Accidents: Boston Seeing Increased Ridership?

by Jeffrey S. Glassman

Throughout the month of April, ridership totalled nearly 1.5 million per weekday. That’s the third month in a row in which the ridership has been more than 1.3 million and the 15th month in a row in which we saw increased ridership, according to the Boston Globe.

As the number of riders continues to increase, so do the risks for MBTA accidents in Boston and the surrounding areas. Although many residents use the MBTA ride each and every day, sometimes riders can become complacent and forget to practice safe traveling habits.

From April of 2011 to April of 2012, we saw a near 5 percent increase in ridership across the entire Massachusetts Bay Transportation Authority (MBTA) system. During this time, weekday bus ridership reached more than 400,000 as well. This is the first time we’ve ever see bus ridership go beyond 400,000 for two consecutive months.

Our MBTA accident lawyers understand that one of the main reasons for the increase in ridership may be because of the availability of real-time MBTA arrival information for MBTA buses. Through this technology, riders can access apps and websites regarding the T and where their rides are in the palm of their hand, through their smartphones. These new apps were built by independent developers and help to alert riders about the location of their bus or train and when exactly it will arrive. These apps help to alleviate a lot of the confusion and the rush throughout our MBTA system. Informed travelers are prepared travelers.

“With help from a lot of innovative developers, we continue to build on the previous achievements of our trail-blazing open data initiative,” said MBTA General Manager Richard Davey.

With all these riders, it’s no secret that the T is a popular way for both residents and visitors to get around town. Again, we’re asking riders to be cautious when riding the MBTA’s buses, trains and subways. While they’re awfully convenient, they can be awfully dangerous, if you’re not careful that is.

“More than a hundred thousand smart phone users have downloaded apps that provide arrival time information for more than 180 MBTA bus routes,” said Jonathan Davis, MBTA General Manager.

Increase in Ridership:

-More than an 8 percent increase on the Green Line.

-Nearly 4 percent on the Blue, Orange and Red Lines.

-Ridership on commuter boats was up nearly 12 percent.

During the month of April, officials with the MBTA also voted 4-1 to raise most of our subway fares by about 30 cents. Bus fares were voted to be raised by 25 cents as well as a hike in commuter rails by about $1.25 starting in July. This is the first fare increase by the T in the last 5 years.
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June 7, 2012

Stuffed Bunny Saved From Catastrophic MBTA Accident in Boston

by Jeffrey S. Glassman

You could call employees with the Massachusetts Bay Transportation Authority (MBTA) lifesavers. Well, maybe more like bunny savers.

According to CBS Boston, workers stepped in just in time to save a little girl’s best friend who had accidentally fallen onto the tracks. It all happened when Casey and Michelle Carey-Brown’s 3-year-old said that her little bunny friend was nervous about their family trip on the T. The family and their bunny friend were heading from Stony Brook to Green Street on the Orange Line when the accident happened. As they exited the train, their furry friend fell out of the little girl’s stroller and onto the tracks below. There it sat, in between the train and the loading platform, serving as a sitting duck for a potentially fatal bunny accident in Boston.

The little girl, without hesitation, screamed and reached out for her friend. Her parents scurried to find an MBTA employee for assistance in saving their furry family member. They located a T worker who was able to call ahead to the conductor of the train. The cars were stopped during the middle of rush hour so that the conductor could get out, grab the bunny and toss it back to the little girl, safe in her arms.

Our Boston personal injury lawyers understand that it can be difficult to travel with children. When riding the T, there are a lot of passengers to keep an eye on, fast-moving trains and dangerous tracks below. It’s important to travel with a plan and to keep safety as a number one priority, especially for your children. To help you to better travel with your young ones, we’re here to offer you some subway safety tips for children.

Subway Safety:

-Travel slowly. Most accidents in the subway result from slips, trips and falls on boarding docks and on stairs. Be sure that children never play on a boarding platform. It’s a lot easier than you think to fall from the platform and onto the tracks.

-This is not a time to live life on the edge. When waiting for the subway to arrive, make sure that you and your family are waiting behind the warning strips and away from the edge.

-Be careful with strollers. These items should never be used on the stairs. Make sure that you fold them up and carry infants before walking up or down stairs. When you have a stroller on the boarding platform keep the stroller away from the edge and keep your hand on the brake.

Parents are asked to keep an eye on their young travelers. You know how busy our subway systems can get. Keep an eye on your little ones and make sure to keep your family together and safe. Responsible traveling habits help prevent potentially fatal accidents.
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June 1, 2012

Defective Products in Boston and Elsewhere Flying Under the Radar

by Jeffrey S. Glassman

Dangerous products find their way into the homes of many residents in the state of Massachusetts. Unfortunately, not many consumers are alerted to the dangers of these products and their recalls. Oftentimes, these recalls never even get to consumers until a fatal accident in Boston or elsewhere has already occurred, according to TIME.

Statistics show that about 90 percent of dangerous products stay in consumers’ homes. After being recalled, there are very few products are ever returned by consumers to the manufacturer for a refund or for the necessary repairs.

Our Boston defective product attorneys understand that our day to day lives are busy. We’ve got a lot to do and a seemingly little amount of time to do it. Still, there’s no excuse to bypass safety, there’s no excuse not to be up to date with the latest recalls and there’s no excuse to hang on to a dangerous product. Residents are encouraged to check out the recalls from the U.S. Consumer Product Safety Commission frequently. If you notice that you have a product that’s been thrown on the recall list, you’re strongly urged to get rid of it, to return it for a refund or take it back to the manufacturer for a repair. Keeping these items in your household and around your children is a quick recipe for disaster.

“We know that the majority of products that are recalled remain in consumers’ homes,” said the executive director Kids in Danger, Nancy Cowles.

Remember the furnaces that the CPSC recalled? There were about 200,000 recalled be federal officials. Still, more than 90 percent of the accident reports that were submitted were submitted after the recall. Consumers still decided to hang on to these furnaces long after they were deemed unsafe.

But why do consumers hang on to dangerous products?

-Because they feel that they won’t be affected by the risks or the dangers of the product. It’s the “bad things happen to other people, not me” complex.

-Because recalls happen all too often and they’ve lost their sense of urgency and the importance that they once had.

-Because consumers never hear about the recalls in the first place. Safety officials believe that there needs to be a more efficient way to spread the word.

You’ve got to be an active and engaged consumer and you need to stay up to date with the latest safety recalls if you’re going to help to protect your loved ones. It’s important to know what dangers lie in products before going shopping and long after. Knowledge is your key in this battle and it can help to prevent serious injuries to both you and your family members.
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May 31, 2012

Fatal Motorcycle Accidents in Boston and Elsewhere Up After Nationwide Auto Accident Decrease

by Jeffrey S. Glassman

Recent statistics from the Governors Highway Safety Association (GHSA) note that fatalities from auto accidents nationwide are declining. Well, all of them except motorcyclist fatalities.

According to statistics from the first 9 months of 2011, the number of motorcyclist fatalities has remained the same compared to the previous year, both sitting at nearly 5,000, according to webBikeWorld.

The U.S. is seeing some of its lowest fatality rates since 1949. But the number of fatal motorcycle accidents in Boston and elsewhere just don’t seem to budge despite all of the nationwide efforts to raise awareness about these vulnerable drivers. There have been a multitude of campaigns and safety events dedicated to getting drivers to be more aware of our two-wheeled friends on the road but nothing seems to work.

This is worrying officials because while we may have just rounded out National Motorcycle Safety Awareness Month, we’re heading into the summer travel season which allows for more bikers to hit our roadways. With more bikers on our roadways, we see higher risks for accidents and ultimately more fatal accidents than any other time of the year.

Our Boston motorcycle accident attorneys understand that we’re seeing a lot more motorcyclists on our roadways. It’s the summer, it’s that time of year when the weather clears up, the sun shines through and our two-wheeled friends hit the road. It’s also a time to raise awareness. For that reason, we’re asking motorists to be on the lookout and to help reduce the risk of accidents.

Experts believe these accidents have remained steady because:

-The improving economy has allowed residents with more spending money to purchase motorcycles.

-The high gas prices has more residents riding motorcycles to save at the pump.

-Motorcycle helmet laws are lacking in many states. When motorcycle helmets are not mandatory, less motorcyclists wear them. The fewer helmets on our roadways the more fatal accidents we see.

Dr. James Hedlund of Highway Safety North has done much research into gas prices and the status of the economy with the number of motorcyclist fatalities and there seems to be a direct correlation between them. When the economy is doing well, the number of motorcycle registrations is typically up and so is the number of accidents. When gas prices are high, the number of motorcycle registrations typically rises as well as the fatality numbers. These patterns have been pretty steady since 1990, allowing experts to pretty much predict when we’re going to see more fatal motorcycle accidents on our roadways.

“It is disappointing that we are not making progress in motorcycle safety, particularly as fatalities involving other motorists continue to decline,” said GHSA Chairman,
Troy Costales.
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