Boston Personal Injury Attorney Blog

March 11, 2012

Elevator Accidents in Massachusetts Targeted by the Board of Elevator Regulations

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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March 1, 2012

Boston Accidents May Increase with Uptick in MBTA Ridership

by Jeffrey S. Glassman

During the end of 2011, rider statistics for the Massachusetts Bay Transportation Authority (MBTA) totaled nearly 1.5 million per weekday. As of November of 2011, the system had seen its third straight month of more than 1.3 million riders. State officials conclude that 2011 was the busiest year on the books since 2008.

MBTA General Manager Jonathan Davis says that the average weekday ridership was a near 6 percent increase from that time during the year before. That was also the second-largest increase in the last 40 months. Unfortunately, more riders mean more risks for MBTA accidents in Boston and elsewhere. Riders are still encouraged to take advantage of the convenient transportation system, but to please do so responsibly.

Our Massachusetts MBTA accident lawyers understand that the largest spike in the number of riders happened in July of 2011, when we saw a 7 percent increase. As we plow through 2012, riders are asked to be careful as the number of riders is expected to continue increasing. As the system is used by more and more people, the equipment is forced to work harder. It’s critical for the Transportation Authority to keep these vessels in top-notch shape to protect riders. Operators should also be qualified to help ensure the safety of riders.

According to Davis, more and more people are taking advantage of the system because it is catering to the modern-day traveler’s needs. The MBTA now has applications available on smartphones that allow customers to see when the next train or bus is coming. Davis also credits the state’s growing economy for the increase. More people are heading back to work and require a quick and efficient way to get there.

Davis said the growth speaks to an expanding economy, which means more jobs. That creates a higher demand for MBTA service, whether that is to transport them to work or the doctor’s office or to shopping and entertainment.

Last year, November marked the 10th consecutive month of climbing ridership. Officials believe this trend will continue through the rest of the year. The transportation system only saw a decrease in January 2011 with a decrease of less than 3 percent.

The T saw its busiest year in 2008. During this time, there was an annual increase of more than 4 percent in ridership.

Davis says that as the economy continues to recover and continues to strengthen, we can expect the need for MBTA services to increase as well.

Right now, the MBTA is facing more than a $160 million deficit for the fiscal year that starts in July of 2012. MBTA officials are still talking fare hikes to help make up for the shrinking budget. The last time that T fares were raised was back in 2007.
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February 29, 2012

Woman Paralyzed After Newton Accident Determined to Walk Again

by Jeffrey S. Glassman

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

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

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

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

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

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

Top Causes of SCI:

-Car Crashes: More than 45 percent.

-Fall Accidents: More than 20 percent.

-Violence: More than 15 percent.

-Sport Injuries: More than 10 percent.

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

These types of injuries can be some of the costliest, too. It is estimated that medical costs can total nearly $30,000 a year for an SCI. This means that a person with an SCI can spend anywhere from $500,000 to nearly $5 million for an SCI in their lifetime. This is why it’s important for you to contact an attorney if you’ve sustained an SCI. It is vital to fight for the deserved compensation to cover such costly injuries.
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February 27, 2012

Student Injured in Pedestrian Accident on UMASS Amherst Campus

by Jeffrey S. Glassman

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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