Boston Personal Injury Attorney Blog

February 27, 2012

Student Injured in Pedestrian Accident on UMASS Amherst Campus

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

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

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

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

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

Pedestrian Safety Tips from the UMASS Amherst Police Department:

-Pay full attention to your surroundings while walking.

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

-Dress so that motorists can see you easily.

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

-Only cross the street at crosswalks.

-Stop at the curb before crossing the street to look in all directions.
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February 24, 2012

CPSC Releasing Even More Recalls to Help Prevent Boston Child Injury

by Jeffrey S. Glassman

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

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

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

International Playthings Recalls Tumblekins Toys

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

Ganz Recalls Dancing Teapots

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

Landscape Structures Recalls Children’s Slides

Landscape Structures Inc., of Delano, Minnesota is recalling nearly 1,000 of its Slalom Gliders because the sides do not have the proper transition platform on the sides and top of the chute. Without these transition platforms, children can fall when they attempt to move the ladder to the side to slide down the chute. So far, the company has received more than 15 reports of injuries to kids under the age of 8. Included in these injuries were bruised spleens, fractured collar bones, fractures legs and arms and one bruised arm. The recall effects model number 172627 and 156456. The items were sold to various schools and other facilities with playgrounds across the country from January 2006 to December 2011. If you have one of these slides, contact the company by calling toll-free at (888) 438-6574 or by visiting the Landscape Structures website.
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February 21, 2012

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

by Jeffrey S. Glassman

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

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

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

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

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

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

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

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

If you think about it, the only other option is to go back to reading a road map in these cases, which is even more dangerous, according to Strickland.
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February 20, 2012

Young Children and Risks of Head Trauma Sports Injuries in Massachusetts, Nation

by Jeffrey S. Glassman

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

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

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

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

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

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

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

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

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

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

Experts can fight till the death, but the truth of the matter is that it’s up to the parents to either keep their child in or pull them from their sports programs. And it’s up to the coaches and others responsible for their safety on the field to make sure that they’re provided with all of the proper safety equipment they need and take head injuries and pains seriously!
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February 18, 2012

Pedestrian Accidents in Massachusetts need Political Focus

by Jeffrey S. Glassman

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

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

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

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

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

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

Suggestions to Increase Pedestrian Safety from WalkBoston:

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

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

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

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

-Support legislation requiring local pedestrian advisory committees.
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February 16, 2012

51-Year-Old Boston Man Killed in Recent Snowmobile Accident

by Jeffrey S. Glassman

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

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

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

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

Snowmobile Safety Tips:

-Complete a snowmobile safety course.

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

-Limit nighttime travel.

-If you don’t know, don’t go.

-Always ride with a buddy. Never travel alone.

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

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

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

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

-Respect private property. Stay on marked trails.
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February 14, 2012

Boston Hotels Have Responsibility to Prevent Child Injuries from Tip-Overs

by Jeffrey S. Glassman

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

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

February 12, 2012

High School Football Players in Boston at Risk for Serious Sports Injuries

by Jeffrey S. Glassman

Football players pride themselves on being tenacious and tough.

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

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

February 10, 2012

Boston Road Safety, Part 9: Youth Safety

by Jeffrey S. Glassman

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

In fact, the department of transportation offers the following guidelines for young motorists:

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

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

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

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

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

6. Don’t travel at night. Not only can it be dangerous for an inexperienced driver, but in Massachusetts, it’s against the law for anyone under 18 to drive between 12:30 a.m. and 5 a.m. without a parent in the car with you.
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February 8, 2012

Boston Road Safety, Part 8: Speeding and Aggressive Driving

by Jeffrey S. Glassman

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

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

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

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

The National Highway Traffic Safety Administration reports that just 12 percent of fatal speeding crashes happened on the highway. The overwhelming majority – 88 percent – happened off the interstate.

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

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

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

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

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

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

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

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

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

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

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

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

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