Boston Personal Injury Attorney Blog

March 23, 2012

Reducing Risks of Accidents in Boston One Road at a Time

Winter isn’t too nice to our roadways and sidewalks. The snow, ice and freezing-cold temps can wreak havoc on these surfaces, causing bumps, cracks and other serious dangers. To help fix this problem, Mayor Thomas M. Menino announced the “Mark It’ campaign. How it works is that the Boston Department of Transportation will be searching neighborhoods across the city looking for areas that were hit hard by the winter weather.

Officials will be looking to reinstall traffic turn arrows, lane lines, crosswalks, symbols in school zones, double yellow lines and other roadway and sidewalk makings that were damaged during this past winter. This effort will be joining the city’s $20 million Road Renewal program, which aims to reconstruct or repave nearly 40 miles of roadways that were damaged in the winter weather, according to the City of Boston‘s website. The goal of this program, aside from making our city more beautiful is to help to reduce the risks of injury in Boston.

“After such a harsh winter, I’m dedicated to ensuring all Bostonians have a safe commute through our city,” said Mayor Menino.

Our Massachusetts personal injury lawyers understand that the new program will be focusing heavily on reinstalling crosswalks, especially in areas that are near community centers, schools, senior centers and parks. The program will be visiting more than 600 crosswalks throughout the city. Smooth and safe walking surfaces are an important part of the city. In a city that relies heavily on pedestrian and bicycle travel, it’s important to keep these walkways safe for all.

In addition to the more than 600 crosswalks, officials will also be improving about a quarter of all of the city’s intersections and will be laying down new reflective thermoplastic material as the new markings. Areas with more pedestrian traffic, like areas near Fenway Park and Kenmore Square, will be receiving treatment first.

The intersections near the Mildred Avenue Community Center and Walker Park have already received the new additions of the new highly reflective thermoplastic crosswalks.

Transportation Commissioner Thomas Tinlin says that there are crews who are looking over areas in the city that need improvement. These crews are prioritizing jobs.

In the spring, the city will launch a new pilot program that will be repairing large cracks on our roadways that are 5 to 10-years-old in such a way to extend their usable lifetime by 7 additional years. This preventative program will be looking at roadways in neighborhoods throughout the city. Officials predict that this program could help to save the city millions.

To help to eliminate confusion on travelers’ behalf, the city will be sending out notifications to residents regarding which areas will be worked on when. The notifications will also be used as a way to communicate with businesses and residents to help make sure that any private utility work they’re planning doesn’t conflict with the city’s repair efforts.
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March 21, 2012

Thinking: A Common Cause of Car Accidents in Massachusetts and Elsewhere

by Jeffrey S. Glassman

We’re oftentimes discussing the dangers of talking on a cell phone, text messaging and web-surfing while driving. While these are all common causes of distraction-related car accidents in Massachusetts and elsewhere, other distractions can be just as dangerous, and you may have never even thought about them.

According to a recent study from the Massachusetts Institute Technology (MIT), a motorist can experience the same kinds of distractions they experience while talking on a cell phone while driving when all they’re doing is thinking. That’s right. Thinking can contribute to fatal car accidents. Researchers discovered that when a driver’s mind is deeply focused on any topic, regardless of what it is, then they’re likely to scan the road for dangers less frequently than when their mind is clear, according to USA TODAY.

As automakers continue to debate national guidelines to regulate in-car electronic distractions, it seems more and more like the battle against distractions may never end. Researchers with MIT are looking into this scary and unavoidable distraction and looking at just how a driver’s eyeballs can be “looking” at the roadways, but the driver’s focus is in a completely different place.

Our Massachusetts personal injury attorneys oftentimes talk about the dangers that are associated with distracted, aggressive, drunk and drowsy driving. It seems like our driving abilities are being threatened at every turn. The more we get into distractions behind the wheel, the more it seems like distractions are virtually unavoidable. MIT’s AgeLab has recently discovered that a driver’s ability to focus on the roadways and on the task of driving depends on the “cognitive demand” of a non-driving activity. This all means that the deeper the level of thought that a driver is engaging in, the less a driver is going to focus on driving. It’s just another form of distracted driving.

What does this all mean? Are drivers going to have to meditate to clear their mind before getting behind the wheel?

Most of us will scan the road around us and keep an eye out for dangers. This scanning allows us more time to react to roadway dangers. On the other hand, when drivers are facing even light levels of cognitive demand, they’re going to scan the roadway less and risks are going to increase.

“In the past, the emphasis was on whether you’re distracted or not distracted,” said Bryan Reimer, with the MIT AgeLab.

The recent study from MIT was just published in the Human Factors: The Journal of the Human Factors and Ergonomics Society. The study comes on the heels of automakers’ meeting with government officials to discuss the dangers of in-car electronic and its influence on driver distractions. Come to find out, we may never be able to truly escape distractions behind the wheel.

According to Distraction.gov, nearly 5,500 people were killed in distraction-related car accidents in the U.S. in 2009. If these “mind” and “thinking” distractions included in the MIT study were factored into accidents and were tallied as distraction-related accidents, the actual numbers may be much higher.
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March 19, 2012

Premise Liability Injuries in Boston Worrying Officials during South Boston’s Parade

by Jeffrey S. Glassman

As we recently reported on our Boston Drunk Driving Accident Lawyer Blog, alcohol and the South Boston’s St. Patrick’s Day go together like peanut butter and jelly, or St. Patrick’s Day and green beer. We’ve discussed the dangers of drinking and driving and reviewed a number of ways to avoid these types of potentially fatal accident.

Alcohol-related car accidents in Boston over the festive green holiday weren’t the only kind of accidents that officials had to deal with. According to ABC5, a parade-watcher wound up in the hospital after a catastrophic tumble from a roof during this year’s event. Officers report that the man, who was in his 20s, fell from a triple-decker apartment building along G Street just before 4:00 p.m. According to medical reports, the man is now paralyzed.

Our Massachusetts personal injury lawyers understand that balconies, porches and decks are prime gathering places, particularly as we head into spring. Unfortunately, these rooftop seats can sometimes pose serious dangers and can result in serious injuries and even death. Sometimes the structure or the railings of balconies, porches and decks can be inadequate and can contribute to falls. These things can even collapse and cause a number of people to fall to the ground below, even burying the victims underneath the debris. The St. Patrick’s Day isn’t the only place where we have to worry about these kinds of accidents either. They can happen at social gatherings, at restaurants and even at rented homes. Many times, officials like to blame the overcrowding for these kinds of the accidents, but the truth of the matter is that t’s often concluded that the accident was caused by decay and poor maintenance.

There are roughly 40 million decks, balconies and porches in the U.S. that are more than 20 years old, according to the North American Deck and Railing Association. You can image how many of those locations can be found in the historic city of Boston. Recent studies illustrate the risks many assume; many decks, balconies and porches are not maintained properly. When property owners are negligent and don’t make sure that their premises are safe, including balconies, porches and decks, they can in fact be held liable.

“There’s been a lot more rooftop parties than we’ve seen in the past,” said Ed Davis, Boston Police Commissioner. “So we’ve been systematically going up and talking to people and closing down the ones that are dangerous.”

Officers with the Boston Police Department traveled up and down the parade route to help make sure that rooftop revelers were safe. Alcohol laws were also in full effect during the event. There were over 200 citations issued to parade watchers for public drinking. In 2011, there were more than 360 citations issued. Officers report that there were six people arrested during this year’s event. Among these arrests were charges of assault and battery with a dangerous weapon, disturbing the peace and possession of alcohol by a minor. Only three people were arrested during last year’s parade.
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March 13, 2012

Annual Boston Bikes Report Recognizes Efforts to Reduce Risks of Bicycle Accidents in Boston

by Jeffrey S. Glassman

The Boston Bikes Annual Report was recently released by Mayor Menino. Guess what? Boston’s biking initiatives have been a success. According to Mayor Menino, the city is already planning to continue growth within the city’s successful program. This program is helping to provide safer and more convenient areas for riding bikes in the city. These programs are increasing ridership and reducing the risks for bicycle accidents in Boston.

“Boston Bikes” was launched in 2007 by Mayor Menino. The goal of the program was to make Boston one of the best bicycling cities in the world. Just a few years later, our city received attention for being one of the greatest cities in the country for cycling. Some of the highlights of our programs were the 50th mile of bike lanes that was recently installed along Massachusetts Avenue, the success of the New Balance’s Hubway and the award of a “silver” level bike-friendly area from the League of American Bicyclists.

Our Massachusetts bicycle accident attorneys understand that the car may no longer be the king in Boston. Our city is well on its way to becoming one of the best cycling cities in the U.S. We have to remember though, that with more cyclists come more risks for accidents. With the improvements to our roadways and bike lanes, officials are working to make our roadways safer for everyone. But accidents still happen and our roadways require the utmost caution from all travelers.

Last July, Mayor Menino launched the Hubway bike sharing program. This program consists of about 60 stations with roughly 600 bikes that were available for use across the city. During its first 12 months in operation, residents and visitors used the Hubway bikes for more than 140,000 trips through the city. Because the program was so successful, a number of our neighboring cities are looking to join in on the Hubway system. Boston is even looking to add more locations in 2012.

The City of Boston and Mayor Menino have taken some large strides towards improving the city’s biking infrastructure. In 2012, we’ve already seen bike lanes installed on Commonwealth and Massachusetts Avenues. These were the two streets that were previously noted for having the first- and second-highest cyclist accident rates in the city. Now, Boston has over 50 miles of bike lanes, and we’re proud of it.

Our city is not done expanding either. In 2012, we can also expect biking to be offered as a fun, accessible and healthy activity for residents and visitors of all ages. The Boston Centers for Youth and Families, Boston’s Community Bike Programs, the Boston city’s Authority, Boston Centers for Youth and Families and a number of community partners were able to donate more than 1,000 bikes to low-income families. These organizations were also provided hands-on bicycle training for nearly 10,000 youths. Lastly, the mayor’s signature bike events were able to bring about 5,000 bicyclists to the streets of Boston.
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March 12, 2012

Risks for Bicycle Accidents in Boston Back as Hubway Program Launches

by Jeffrey S. Glassman

As our Boston Personal Injury Attorneys recently reported, the New Balance Hubway Bike Sharing Program did well last year and officials are thrilled with the recognition that our city has received for being such an excellent biking city. Residents and visitors seem to be taking advantage of this convenient form of transportation. In 2011, there were about 60 stations and about 600 bikes within the program. The Hubway will be rolling out again this month after its winter shutdown. Just a few weeks ago, workers started to re-install some of the kiosks throughout Boston, according to the Boston Globe.

Nicole Freedman, who is in charge of the Boston Bikes program, says that there will be the same number of bikes and locations throughout the city. With cyclists back on our roadways, some worry that the risks for bicycling accidents in Boston will skyrocket. Others are anticipating the reduction in the risks for car accidents in the area.

Our Boston bicycle accident attorneys would like to inform residents that a few locations of the kiosks are changing as officials set up for this year’s program. To help to eliminate confusion, residents are asked to check out Hubway Location Map. We would also like to remind residents that there are about 40 stations that will be located on either sidewalks or private property. Just remain aware of your surroundings and keep safety as a top priority. While bicycling is becoming more and more popular in the city every year, there are still significant risks for accidents because of the city’s busy travel trends. Be safe and enjoy.

The other 20 of the stations of the Boston program are located either on curb-side parking spaces or on roadways. These locations should be up and running shortly after St. Patrick’s Day.

Wait! That’s not all. Officials are announcing that there are going to be about 30 more stations and about 300 more bikes that will debut with this year’s launch in Cambridge and Somerville. Those two cities are still in the process of finalizing plans with the operator on Hubway, Alta Bicycle Share. If everything goes as planned, the Hubway system will be expanding north of the Charles River by the summer. These plans could potentially change if we experience inclement weather though.

With our seasonably-warm weather we experienced last year, residents are excited to launch this year’s program. Some with the program wish it would have stayed active a little longer. That was the first year of the program though, and officials are learning.

With the plans that were in place, the program started packing up and shutting down in November to prepare for the winter.

During the first four months of the program last year, there where were nearly 150,000 trips that were recorded.

In this bike-sharing program, users can rent bike from various spots around the city, at automated stations, and can return them to any other kiosk. This year, the program is expanding to more cities and expecting even more users.
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March 11, 2012

Elevator Accidents in Massachusetts Targeted by the Board of Elevator Regulations

by Jeffrey S. Glassman

Elevator accidents in Massachusetts are a top concern for members of the Board of Elevator Regulations. These regulators oversee the installation, construction, operation and alteration of elevators throughout the state. “Elevator” is used to describe vertical reciprocating conveyors, material lifts, moving walks, dumbwaiters, moving stairways, automatic people movers, dumbwaiters with automatic transfer devices and other similar devices that are used within the elevator industry, according to the Commonwealth of Massachusetts. Everyone working within this industry including repair people, maintenance workers, elevator constructors and operators, are required to be licensed by the board.

Our Leominster elevator accident lawyers understand that elevators and escalators cause deadly injuries to nearly 50 people every year nationwide. In addition to these fatalities, accidents involving these devices injure another 20,000 people ever year. According to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission, elevators specifically cause roughly 90 percent of these fatalities and another 60 percent of these injuries. Injuries to people who work near or on elevators account for about 15 percent of these fatalities every year. Some of the most common causes of death involving elevators include falls into the shaft, getting caught between moving parts and collapsing elevator platforms.

That’s why the Board of Elevator Regulations is here, to help to reduce the risks of these kinds of accidents. The board is made up of eight people who have been appointed to serve by the governor. These members serve under the authority of Massachusetts General Laws Chapter 143, sections 62-71G.

Every single elevator in the state, excluding those in single-family, owner-occupied houses, is required to pass a practical test and an inspection every year. Elevators in single-family, owner-occupied houses are required to be inspected every five years. If a new elevator is installed anywhere in the state, it must be inspected by an official. If an elevator is altered in any way, it must also be inspected again.

As soon as an elevator passes this inspection, the ‘certificate of inspection’ must be displayed. The owner of each elevator is required to make sure that the elevator is inspected in a timely manner.

Elevator Safety Tips:

-Before boarding an elevator, stand aside to allow room for exiting riders.

-Hold children and pets closely and firmly.

-Take the stairs if there’s a fire!

-Hold the handrail once you’ve boarded.

-Keep an eye on the floor indicators. Be ready to exit when you arrive at your floor.

-Never try to force the doors open or closed.

-If an elevator stops, never try to escape it. Sit tight and wait for assistance.

-If an elevator’s floor isn’t level with the floor you’re on or wish to get off on, stay put.

-If the doors do not open when the elevator stops, push the “Door Open” button.

-If the elevator gets stuck, stay calm. There is plenty of air and the interior of the elevator is designed for passenger safety.

-Don’t try to stop a closing door with anything, including hands, feet, personal belongings etc. Just wait for the next elevator.

-Hang on and wait for the next car if the elevator is full. Never try to squeeze in.
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March 9, 2012

Accidents in Boston Could Be Minimized with New Variable-Message Sign

by Jeffrey S. Glassman

There’s a new real-time travel information initiative that was recently designed by the Massachusetts Bay Transportation Authority (MBTA) and the Massachusetts Department of Transportation (MassDOT). The new initiative will be found along Interstate 93. It is designed to help alert commuters about the Lowell Line rail option. Officials are hopeful that this information will help to reel motorists off the Interstate and onto the train, helping to reduce the risks of motor-vehicle accidents.

Here’s how it will work: A variable-message sign (VMS) will be located near Exit 29, Concord Street, on Interstate 93. The sign will display the exact time of when the next Lowell Line train will leave the Anderson-Woburn Regional Transportation Center. This message will remain on the board to allow commuters to exit the interstate and get to the rail station in time. When drivers wouldn’t be able to make it safely from the sign’s location to the train, the message will be removed. This is to help to eliminate confusion and speeding on the busy Interstate 93. Many times, daily commutes and rush hours can result in serious accidents and injuries because drivers are rushing to their destinations. With real-time updates, we can help to ease drivers’ minds, help to increase roadway safety and help reduce the risks of auto accidents in Boston and elsewhere in Massachusetts.

Our Boston injury attorneys understand that MassDOT’s Secretary and Chief Executive Officer Richard A. Davey continues to keep customer safety and customer service as high priorities. With the new real-time technology, nearby commuters will be alerted about the public transit option. This will help to slow down rushing drivers and maybe even pull a few motorists off our roadways and into the world of mass transit. Spreading the word about the convenience of public transportation in the area may help to significantly reduce the risks of car crashes.

“This is another innovative step in encouraging commuters to park the car and take public transportation to work,” said Jonathan Davis, MBTA general manager.

The new sign on Interstate 93 will be used to display the departure times on the Lowell line from Anderson/Woburn. These displays will be available all day from Monday through Friday. The first train departs just before 6 a.m. and the last one leaves at just after 11:30 p.m. You can expect this display the entire time. Departures with more than a 10-minute delay will not be shown on the VMS.

The parking lot at this station costs motorists $4 to park all day. This train goes to Commuter Rail Zone 2 and has a one-way trip to Boston for less than $5! It takes less than 30 minutes to get to North Station. One train even takes about 20 minutes (the 8:05 train because it has fewer stops).
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March 6, 2012

New Campaign to Reduce Risks of Car Accidents in Massachusetts’ Metropolitan Highway System Tunnels

by Jeffrey S. Glassman

There is a new public awareness campaign and it could help to save your life! The Massachusetts Department of Transportation (MassDOT) has recently teamed up with a number of public safety partners across the state to help to advise motorists in the event of a breakdown or a car accident in Massachusetts inside our state’s dangerous Metropolitan Highway System Tunnels.

“Drivers finding themselves involved in a crash, or stuck in a disabled vehicle, need to know the safest plan is to remain in their car until help arrives,” said the MassDOT Secretary and CEO, Richard A. Davey.

Our Boston personal injury attorneys understand that vehicle breakdowns and accidents can leave motorists in some scary predicaments. Being stranded on the side of the road is dangerous for everyone, the broken down motorists and the passing traffic. These roadway dangers are amplified even more when one of these scenarios happen inside one of the state’s busy Metropolitan Highway System Tunnels. That’s why MassDOT has decided to launch the new campaign, asking drivers to stay in their vehicles if they’re stuck on the side of the road or have been into an accident in of one of these tunnels.

In addition to asking motorists to stay in their vehicles when these kinds of incidents happen, the safety campaign is also reminding drivers that there are live video streams inside each of the tunnels. These video streams are watched over by officials with MassDOT’s Highway Operations Center. They are observed 24 hours a day and 7 days a week. Massachusetts State Police are also ready to respond to tunnel incidents in a matter of minutes.

To help spread the message and to raise awareness, there is a brochure that’s being handed out at toll plazas in the Airport Tunnels, at the Tobin Bridge and at the Allston/Brighton plaza. Customers who use the Fast Lane at these toll ways will be getting these brochures in their e-mail along with their monthly statements.

To help spread the word to even more people, officials with the Transportation Department will also be setting up billboards that will be displaying tunnel awareness tips. These billboard messages will be located on the digital boards along I-93 in Stoneham and Medford.

The new tunnel safety awareness campaign was created after the fatal accident in the O’Neill Tunnel back in November that took the life of a motorist.

Frank DePaola, the Administrator for MassDOT Highway says that the fatal November accident caused officials to think about how we can all work together to make these tunnels safer for everyone.

Representative William Straus, the Chair of the Joint Committee on Transportation, says that education and awareness can be the simple fixes that can help to promote and enhance public safety in these areas.
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March 5, 2012

Andover Defective Product Death Leads to $20 Million Verdict

by Jeffrey S. Glassman

A 29-year-old woman left a young daughter and a husband behind to grieve when she was reportedly killed by a defective product in Andover five years ago, according to the $20.6M award in pool slide death, By Julie Manganis, The Eagle Tribune

More Blog Entries:
CPSC Releasing Even More Recalls to Help Prevent Boston Child Injury

March 4, 2012

Trucking Accidents in Boston Highlight Current CDL Requirements

by Jeffrey S. Glassman

All of the trucking accidents in Massachusetts and elsewhere have raised an important question among officials — What does it take to drive a truck? Now, attention is being focused on the rules and regulations that govern commercial driver’s licenses. Officials are now shifting their attention to help to reduce the risks of these kinds of accidents.

You may remember the accident that happened in Fall River on Route 79 in which the truck driver involved allegedly had a four-page driving record. It was his truck that burst into flames in the accident, endangering nearly everyone on the roadway. The driver had five speeding citations, three accident infractions and a number of other violations, including impeding police operation and failing to obey. To make it even worse, he has drug distribution charges that led to a suspended license. Yet, he remains behind the wheel.

Our Boston trucking accident attorneys understand that even with all of these violations, the driver was able to get his CDL license in late November. And after the most recent Fall River accident, the driver faces no charges. He is a self-employed trucker who had an active driver’s license and a CDL at the time of the accident. Even with all of the previous driving infractions and the most recent accident, he’s still on our roadways, according to Wicked Local Westport.

Currently, in the state of Massachusetts, you need a CDL to operate any kind of vehicle with a maximum weight (when loaded) of 26,001 pounds or more. According to Massachusetts Department of Transportation (MassDOT), if a vehicle weighs less than that, a CDL is needed to transport hazardous materials or 16 or more people at one time. There are also different CDLs, depending on whether the driver is towing another vehicle that’s more than 10,000 pounds.

A driver must be at least 18-years-old to get one of the licenses in the state. Drivers have to be at least 21-years-old if they drive between states. These drivers aren’t allowed to test for a permit or a license when their license in suspended. Suspension can result from charges of drunk driving, drug distribution, leaving the scene of an accident, etc.

Criminal records do not have to be examined before taking the license test even though a commercial trucker isn’t allowed to have any of these offenses (resulting in license suspension) on their record. While many companies won’t hire truckers with shoddy driving records, there are some that do.

Still, those looking to obtain a CDL are not required to take a driving class.

How a driver can lose a CDL:

-If they receive a first-year offense, such as driving under the influence, using a commercial vehicle to commit a felony or leaving the scene of an accident, their license will be taken away.

-If the offense is committed when a driver operates a vehicle carrying hazardous material, they lose the license for three years as opposed to one. If that’s committed twice, the license is lost for life.

-The license is suspended for life if a CMV is used to commit a felony involving controlled substances.

-If a driver gets two serious traffic citations in a three-year time frame, their license is suspended for 60 days.

-If a driver gets three serious traffic citations in a three year time, their license is suspended for 120 days.

“As far as the number of citations issued, we are probably more in the middle of the pack, in following with those federal standards,” said Michael Verseckes, a spokesman for MassDOT.
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