Boston Personal Injury Attorney Blog

December 27, 2011

Talk to Children about Risks of Dog-Bite Injuries in Massachusetts before Holidays

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

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

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

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

Safety tips to prevent dog-bite injuries among children:

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

-Never run around a dog.

-Keep voices quiet. Avoid yelling around a dog.

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

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

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

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

-Children should avoid eye contact with dogs.

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

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

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

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

Parents are urged to sit down and talk with young ones about the dangers associated with dogs. Be cautious not to startle them, but make sure that they understand the appropriate behavior to exercise around man’s best friend.
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December 20, 2011

Distracted Drivers An Extra Threat for Holiday Car Accidents in Boston

by Jeffrey S. Glassman

The number of drivers who are text messaging at the wheel has increased by 50 percent over the last year, according to CBS Boston. This increase was concluded through a recent study conducted by the National Highway Traffic Safety Administration (NHTSA) in which researchers took updated snapshots of drivers at selected intersections to see just how many drivers are using a hand-held device while driving.

As we recently reported on our Boston Personal Injury Attorney Blog, the National Transportation Safety Board (NTSB) is looking to halt this increasing trend through a nationwide ban of using portable electronic devices by all drivers. This is another attempt to make our roadways safer and rid them of irresponsible and unfocused drivers.

Our Massachusetts car accident lawyers understand that the number of text messaging drivers continues to increase despite tougher laws and stricter enforcement efforts against the dangerous behavior. In our state, city employee drivers and drivers who are under the age of 18 are banned from text messaging at the wheel. Still, all too many people are sending and receiving messages while driving, making our roadways dangerous for everyone.

We’re in the heart of the holiday season and vehicular traffic is heavier than ever. Drivers are asked to curb all distractions, not just cell phone-related distractions, while heading out during the Christmas and New Year’s holiday periods. The Governors Highway Safety Association is here to reiterate the importance of focused, alert and responsible driving habits.

Tips to Avoid a Distraction-Related Traffic Accident over the Holidays:

-Shut them off. Turning off all electronic devices before getting into the car will help to eliminate the temptations to drive while distracted.

-Urge your friends and family members to take part in these safe driving habits. Spread the word about the dangers and consequences of distracted driving.

-Change your voice mail. Set up a voice mail message that lets callers know that you may not be answering because you’re currently behind the wheel.

-If you get a phone call or a text message, have a passenger answer or respond.

-If a phone call or a text message is important and must be addressed, pull over in a safe spot and then deal with it. Don’t handle these calls and texts while your vehicle is in motion.

-If you’re traveling out of state, get to know the distraction-related laws in each state you’ll be driving through to avoid a costly traffic citation.

-Know the directions of your road trip before venturing off. This will help you to avoid looking at a road map while you’re driving.

-Make sure all passengers, children and pets are properly restrained before moving the car.

-Focus on driving, and driving only. Try to avoid smoking, drinking, eating and messing with the radio while driving.
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December 17, 2011

Holiday-Related Accidents in Massachusetts and Elsewhere Up Already From 2010

by Jeffrey S. Glassman

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

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

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

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

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

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

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

Be cautious when putting up your holiday decorations. A majority of these holiday-related accidents happen within the 12 days surrounding Christmas. Please exercise extreme cautious to achieve the cozy, festive and safe holiday feel. We want to wish everyone a safe and happy holiday season.
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December 15, 2011

Hingham Car Accident Allegedly Caused by Driver with 10 License Suspensions

by Jeffrey S. Glassman

A Hingham car accident sent three motorists to the hospital and officers think they know who’s responsible for the accident. They believe a Plymouth man with a long record of traffic violations has done it again, according to the Boston Globe. Officials have located the man’s driving record and have concluded that he’s previously received nearly 20 speeding tickets, has been involved in five car accidents and is facing his 11th driver’s license suspension.

The man has received at least one traffic citation almost every year since 1987. He’s been cited for a payment default, driving to endanger, violation of open drink policy, lacking an inspection sticker, speeding and much more. Sergeant Steven Dearth with the Hingham Police says that this man has the longest driving record that he’s ever seen.

Our Massachusetts car accident attorneys understand that drivers who receive numerous citations within a five-year period are considered by the Massachusetts Registry of Motor Vehicles to be a habitual offender. One of the punishments for being a habitual offender is that that your license is suspended. The man accused of the recent Hingham car accident had already been deemed as a habitual offender, but still had his license when the accident occurred.

When the accident happened, the Massachusetts Registry of Motor Vehicles immediately suspended the man’s license because of the discovery of his extensive record.

The most recent accident happened on Main Street in Hingham when the man drove over the double yellow center lines and into the path of oncoming vehicles in the northbound lanes. It happened at roughly 9:00 p.m. Once he was in the lanes of oncoming traffic, he hit another vehicle head on. Both occupants of the oncoming vehicle were hospitalized. Police report that they were both buckled in at the time of the collision.

The driver with the lengthy record was not buckled him when the accident happened. He was transported to the Boston Medical Center and was treated for serious injuries. Officers say that he was under the influence of alcohol at the time of the accident. Reports indicate that he also had open bottles of alcohol in the vehicle.

He is currently facing charges for two counts of operating under the influence causing serious injury and negligent operation, a first offense of operating under the influence, marked lane violations, driving with an open container, driving to endanger and a seat belt violation.

The man’s license has only been suspended though, not revoked. A permanent revocation only occurs after a driver has been convicted of 5 OUIs or they’re pulled over after three OUIs and refuse to take a Breathalyzer test.

Drivers are urged to be cautious on our roadways as we head into the holiday season. Roadways are expected to get more crowded with holiday traffic. Drivers must navigate our roadways defensively to avoid a serious accident with an irresponsible driver.
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December 13, 2011

National Phone Survey and Your Risks for a Distraction-Related Car Accident in Boston, Nation

by Jeffrey S. Glassman

Distracted driving is contributing to more and more car accidents in Boston and elsewhere every day. To get a grasp on just how common these types of accident are, the National Highway Traffic Safety Administration (NHTSA) recently released a report on which types of distraction most affecting drivers. The truth of the matter is that these types of traffic accidents are 100 percent preventable.

This survey truly illustrated just how dangerous and how high the risks are for these serious accidents.

Our Boston car accident lawyers understand that common driver distractions include talking on a cell phone, text messaging, engaging with other passengers, eating, drinking, smoking, messing with the radio, applying make, etc. All of these activities greatly increase your risks of being involved in a potentially fatal accident. To help raise awareness about the problem and make an attempt to curb these distractions, 35 states, Guam and the District of Columbia have enacted some sort of cell phone or text messaging ban for drivers. According to the Governors Highway Safety Association, drivers under the age of 18 are prohibited from using a cell phone at the wheel in Massachusetts. State law prohibits all drivers from texting while driving.

The National Survey of Distracted Driving Attitudes and Behavior survey recently assessed self-reported behaviors, knowledge and attitudes about distracted driving. More than 6,000 drivers from all 50 states were included in this survey.

Common Distractions Reported:

-The number one distraction reported was talking to other passengers, followed by messing with the vehicle’s radio, eating or drinking, making or taking cell phone calls, interacting with children and using a portable music player.

-Male drivers are more likely to use GPS systems, smartphones and music players than female drivers.

-Women are more likely than men to interact with children or engage in personal grooming at the wheel.

-Male and female drivers are equally as likely to accept or make a phone call, tend to an e-mail or text message behind the wheel.

-Drivers under the age of 25 are roughly 3 times more likely to text message or e-mail at the wheel.

Respondents’ Perception of State Laws:

-Nearly 40 percent of surveyed drivers said that they believe that their state has laws prohibiting drivers from talking on the phone at the wheel.

-Most respondents approved their state’s fines for violating these laws.

-Only 60 percent were able to correctly identify their state’s exact laws.

-Only about 50 percent of surveyed driver said that they felt like they were likely to be ticketed if they used a cell phone, text messaged or e-mailed while driving.

Regardless of which laws are in effect in various states, the truth of the matter is that this behavior is dangerous. Motorists are asked to voluntarily give up distractions at the wheel. Driving with full focus on the roadway can help to prevent your risks of a fatal accident.
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December 12, 2011

Christmas Tree Fires in Massachusetts and Elsewhere Cost nearly $20M Every Year

by Jeffrey S. Glassman

The National Fire Protection Association (NFPA) recently released a video to illustrate just how dangerous and how flammable dry Christmas trees can be. This video is to urge residents to properly care for their trees to avoid a Christmas tree accident in Massachusetts and elsewhere. Every year, Christmas trees catch fire just because they’re not watered regularly. There are simple steps that we can all take to help prevent a potentially serious holiday accident.
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From 2005 to 2009, fire departments across the U.S. respond to nearly 250 home fires each year that started with Christmas trees. These incidents kill an average 15 people, injure nearly 30 more and cause roughly $17 million in property damage every year.

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

Common causes for Christmas tree fires:

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

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

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

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

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

-Nearly 20 percent of these fires are set intentionally.

When do these accidents happen?

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

-A third of them start in January.

-Nearly 20 percent happen in November or February.

Christmas tree safety tips:

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

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

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

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

-Make sure it’s not blocking an exit.

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

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

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

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

-Never use candles to decorate a Christmas tree.

-Remember to always turn off the tree’s lights and blow out candles before leaving your home or going to bed.
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December 9, 2011

Premise Liability Hazards Increase Risk of Accidents Involving Shoppers in Boston, Elsewhere

by Jeffrey S. Glassman

Shoppers in Massachusetts who survived Black Friday without injury should consider it a small feat considering it is the most dangerous shopping day of the year. Even though the big event is over, shoppers and consumers will still be packing malls and shopping venues in the weeks to come, on the hunt for irresistible deals and gifts.

Injuries from shopping accidents in Massachusetts are more common this time of year when a business or merchant doesn’t take the necessary precautions to keep their premises hazard free.

We remind you of the post we did in October on our Boston Personal Injury Attorney Blog when we reported that a Massachusetts woman is filing for compensation following a 2006 shopping injury at a WalMart that left the bone in her ring finger exposed. The woman had tried to reach for a gift located on the top shelf and snagged her ring on a metal latch sticking out from the shelf. This accident, also known as degloving, could have been avoided if the WalMart had ensured customer safety by properly maintaining the property.

Boston premise liability lawyers find in many cases that retailers and store owners are considered negligent if they knowingly leave a hazard unattended. Maintaining the store property, including parking lots, sidewalks, and inside the premises is vital to keeping customers and employees free from injury.

There are several types of shopping-related injuries but the most common is slip and fall accidents, which are sometimes caused by an icy sidewalk, a freshly mopped floor, or cluttered aisles to name a few. Shopping cart injuries are also common this time of year when a child’s finger gets stuck, a cart topples over or is left unattended in an overcrowded parking lot. Head and neck injuries can often result when a customer is struck by a falling object from a shelf or boxes fall from an unsafely stacked store display.

Elevator and escalator injuries are also common when customers are riding and experience a malfunction. Overcrowding on these riding apparatuses can make them dangerous and present an exit hazard when customers can’t escape during an emergency situation.

Store owners and merchants are also responsible for keeping parking lots safe and hazard free. This means keeping surveillance cameras functioning properly, security cars patrolling the area and maintaining a well-lit parking environment to protect shoppers from assault or theft when they return to their cars. If a winter storm dumps an accumulation of snow, clearing the lots and sidewalks and laying down salt on top should be a top priority to prevent a slip and fall accident from occurring.

Shoppers are urged to use extra caution this time of year as stores will be overcrowded and liable for accidents. Keep close tabs on your children in the store and in the parking lot. Stay alert for shopping hazards like displays or falling objects. Try to avoid shopping after dark or during the busiest parts of the day like lunchtime or after work.
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December 7, 2011

Installation of Bike Lanes on Mass Ave Should Help Reduce Boston Bicycle Accidents

by Jeffrey S. Glassman

A recent bicycle accident near Norwood involving two young boys is a reminder of how dangerous roadways are for bicyclists in our area.

Wicked Local Walpole reports two boys, ages 9 and 10, were struck from behind by a Toyota sedan as they were bicycling down the roadway in a rural area of West Walpole. One boy was riding on the bicycle while the other was holding on and being towed on a skateboard. The 9-year-old suffered head trauma and was transported via helicopter to New England Medical Center in Boston. The 10-year-old suffered a leg injury and was taken to Norwood Hospital. Local authorities report the 61-year-old driver claims she never saw the boys before making impact with the bicycle. The vehicle ran over the bicycle as the children were thrown to the opposite side of the road. The cause of the accident is still under investigation. Sun glare, the influence of drugs or alcohol, and cell phone use have all been ruled out. Officials believe the driver was traveling under the speed limit, so speed doesn’t appear to be a factor either. Charges are pending the complete investigation of the accident. The boys have been released from the hospital.

Boston bicycle accident attorneys know that Boston streets and roadways are extremely dangerous for bicyclists especially on Mass Ave. From 2002 to 2009, several bicycle accidents have been reported at different intersections running along Mass Avenue. As many as 140 accidents and 100 bicycle injuries were reported at three different intersections during this time period.

City officials are striving to make Boston a more bike-friendly city. Boston.com reports Mayor Menino announced plans in early November to install a bike lane on Mass Ave where parking spaces currently exist. Though bike enthusiasts are celebrating the movement, local businesses and merchants are not happy about the prospect of taking away business from their establishment.

The lane is being installed due to bicycling safety concerns. A student at Northeastern University is one of many cyclists who have had close calls or near misses while riding in and around the city. The City of Boston website reports from 2007 to 2009, bicycle ridership has increased by 122 percent. More riders mean more crashes. During that period, 37 percent of bicycle crashes have been with a car compared to 5 percent involving a pedestrian; most of them occurring on Commonwealth or Massachusetts Avenues.

Bicyclist and motorist awareness is the key to making roadways safer, even with the use of bike lanes. There is so much distracting technology nowadays for both riders and drivers that inattentiveness has moved to the forefront as a leading cause of bicycle-car accidents in Boston and elsewhere.

Whether you ride a bicycle to commute to work, to school or purely for the enjoyment and exercise, children and adults need to stay alert and makes themselves seen by passing motorists.
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December 5, 2011

Massachusetts Older Drivers Staying Home Reduces Risks of Car Accidents in Boston This Holiday Season

by Jeffrey S. Glassman

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

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

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

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

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

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

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

Keep your elderly loved one safe this holiday season by offering to take them shopping or driving them to run weekly errands.
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December 1, 2011

Fatal Massachusetts Hunting Accidents a Reminder to Wear Orange to Reduce Injury During Deer Hunting Season

by Jeffrey S. Glassman

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

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

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

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

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

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

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

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

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

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

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

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

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

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

-Always keep guns and ammunition stored separately.
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