Boston Personal Injury Attorney Blog

November 6, 2011

Properly Maintained Vehicles Can Help Avoid Risk of Car Accidents in Boston

With New England’s hard-core winter weather just week away, there’s still time to have your vehicles inspected by a professional to make sure everything is working properly.

Unfortunately, it won’t be long before car accidents in Massachusetts begin to happen more frequently because of nasty weather. But our Boston car accident attorneys know some of them can be prevented when vehicle owners take the time to be prepared. Also, a vehicle breakdown on the road could leave you at risk of being hit by oncoming traffic.

Some of the statistics regarding vehicle breakdowns and other road-related issues are staggering. Take for instance the December holiday period in 2009-2010 alone. AAA Auto Club South had 96,000 service calls in the two-week period that began Dec. 23, 2009. More than 21 percent of those calls turned out to be battery related issues. That was a big jump from 2008’s calls for battery problems, according to the motor club, which serves members in three states and Puerto Rico.

If you’re like many drivers, you know that sinking feeling you get when your vehicle won’t start, especially when it’s cold, icy and at night. And if you’re out alone and have no roadside assistance plan, it’s even worse. You can try to avoid that frustration by having your car or truck battery tested now. It’s simple, quick and most professionals won’t charge a lot for the service.

In fact, many auto repair facilities offer a multi-point safety inspection for your vehicles. They’ll test the electrical system, tires tread, fluids, and other areas that could affect your safety and leave you literally out in the cold.

Here are a few things your auto mechanic can check to help ensure your vehicle is fit for wintertime road duty in Boston and the surrounding areas, compliments of AAA Auto South:

Hoses, belts, cooling systems and water pumps. Mechanical failures of these critical parts can leave you stranded roadside anytime of day or night without prior notice.

Tires and tire pressure. Have a mechanic measure the tire tread depth of each tire so you can determine whether you need new tires now if it can wait a few months. Also, when temperatures go down, so does the pressure in your tires so check tire pressure monthly.

Charging-system checkup. Another part of your vehicle that is negatively affected when the temperature drops is the battery. In winter, vehicle engines require more starting power.

You can find AAA Approved Auto Repair Facilities that offer free checkups at www.AAA.com/Repair

Another smart thing to do now is assemble the winter “tools” that come in handy when the snow flies. Keep these nearby when driving:

-Snowbrush
-Ice scraper
-Shovel and bag of sand that you can use if you need help with traction
-Windshield wiper fluid
-Jumper cables
-Spare tire(s)

-Gloves, blankets, hats, some nonperishable foods, and when you can, bring some water for those longer trips in case something does happen.

-Mobile phone with car charger
It takes just a little time and some planning ahead to help ensure you have worry free, and hopefully accident-free, winter driving experiences.
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November 4, 2011

IIHS New Booster Seat Ratings Help Save Children in Massachusetts Car Accidents

by Jeffrey S. Glassman

Finding the right car seat for your child may now be easier than ever. The Insurance Institute for Highway Safety recently released new ratings of these seats for parents to be better equipped when choosing a seat. After the last wave of ratings, more than 30 seats made it on the “Best Bets” list. These seats were found to be able to seat a child so that the adult seat belt will properly fit a little one’s body.

These seats can run anywhere from $15 to several hundred dollars. But parents shouldn’t correlate price with a seat’s ability to protect their child in the event of a car accident in Massachusetts. Some of the more affordable seats work just as well as the more expensive ones.

Our Boston child injury attorneys understand that children between the ages of 4 and 8 should be seated in a booster seat to help ensure that an adult seat belt fits them properly. Sometimes, parents are confused by the plethora of seats on the market and which ones would be most likely to best serve their child. The new ratings from the IIHS are here to clear that up.

In addition to the “Best Bets” child seats, there were five placed on the “Good Bets” list. Seats on this list will fit most vehicles properly. The IIHS also rated six seats as a “no go,” meaning they don’t provide a proper seat belt fit for anyone. Check the IIHS website for the complete child seat rating list.

Booster seats should be used to properly seat children who have outgrown front-facing car seats. Booster seats allow a child to be positioned so that an adult seat belt will fit their little body properly. This seat allows the lap portion of the strap to lie across their upper thigh and the shoulder portion to lie across their chest.

“A Best Bet means any of these top-rated boosters should work well in the family SUV or the babysitter’s sedan,” says Anne McCartt, the Institute’s senior vice president for research.

There were more than 60 booster seat models examined in this year’s rating program. This is more than 10 more than the previous year.

The test doesn’t measure how well the seat will perform in the event of an accident, but rather how well it fits a seat belt on a child’s body.

Booster seats have gotten much more reliable in recent years as well. There were only 10 booster seats on the Best Bets list in 2008, then 9 in 2009, but there were more than 20 for the 2010 ratings.

Parents are urged to check out these ratings before looking into purchasing a booster seat. You’re also urged to check the seats’ limitations to ensure that your child is the proper size for the seat that you ultimately purchase. These child-restraint systems are some of the most effective protections for your child in the event of an accident.
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November 2, 2011

October Snow Storm Brings Inconveniences and Injuries to New England

by Jeffrey S. Glassman

Our state is getting serious snow super early this year. Last weekend, Boston got an inch of snow while Cambridge saw 1-2 inches. This snowfall was extremely rare for October.

Some parts of western Massachusetts saw more than a foot of snow, paralyzing parts of the Northeast. The storm left more than 620,000 residents without power. It started out with heavy rains and ended with a wicked snowstorm. Many towns in western Massachusetts broke their record for snowfall in for the entire month of October.

Boston’s record for October snowfall still sits at 1.1 inches, which was set back in 2005. Worcester broke the record with the largest margin at 14.6 inches of snow.

As of November 1st, Western Massachusetts Electric Co. reported that more than 90,000 of its 210,000 plus customers still didn’t have electricity. Power outages aren’t the only inconvenience residents in the area are facing. With the wicked weather we have wicked driving conditions. Roadways throughout the state were icy and covered in snow. These conditions, no matter how careful the driver, can produce serious risks of car accidents in Massachusetts. Two people in Massachusetts have died from car accidents in the snowy weather already.

Our Boston car accident attorneys understand that businesses have been closed, school has been canceled and Halloween has been postponed in some areas. Officials report that it could be days before some residents see the power restored to their homes and businesses. Governor Deval L. Patrick urges all residents who are without power to remain patient.

“This is a house-by-house, branch-by-branch kind of response,” said Patrick.

About 700 guardsmen are posted throughout the state. In addition to the two motorists who were killed on our roadways, another man has died because of a downed power line.

Worcester, Massachusetts’ officials have asked parents to hold Halloween celebrations on Thursday. This is when the weather is expected to improve. By Thursday, emergency responders should have all of the downed power lines and trees removed from the streets as well.

Among the area that was affected by this storm, nearly 2 million people lost power, more than 20 people died in traffic-related accidents and electrocutions.

A train from Chicago to Boston also got stuck in the mess. It was stopped in central Massachusetts with nearly 50 people on-board, according to Amtrak officials. The truck was stuck in Palmer, Massachusetts. The snowstorm caused a rockslide that blocked off the tracks. Passengers have been rescued and were taken to their destinations by bus.

The snowstorm has caused Amtrak to delay a number of other routes in the area.

Commuters are urged to check out “T Alerts” to see if any rail services have been delayed.

The rest of the week’s forecast is expected to be back to normal, with weather in the mid-50s. For a complete review of the upcoming forecast, visit the Boston Globe‘s website.
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November 1, 2011

“Same Roads. Same Rules.” Debunks Myths to Help Prevent Bicycle Accidents in Massachusetts

by Jeffrey S. Glassman

A number of prominent state agencies have reaffirmed their continued commitment to help bicyclists and motorists share the road safely with one another. One of those organizations is MassBike, the Massachusetts Bicycle Coalition, offering information and guidelines that may surprise you.

MassBike urges travelers throughout the state to visit the”Same Roads. Same Rules.” website for helpful resources about bicycling-related information. The website is also used to help raise awareness about the dangers that bicyclists face. Please consider taking a few minutes to get better educated about how to make traveling safer and help reduce the risks of bicycling accidents in Massachusetts.

Our Boston bike accident attorneys understand that the solution to all of our problems ultimately lies within us. With safe, cautious and considerate driving habits (both on bikes, on foot and in vehicles) we can all help make our roadways safe and fair for everyone. In addition to rules and regulations, a little common sense can go a long way as well.

Common motorist myths:

“Share The Road” signs mean that bicycles have to move over:

False. These signs are used most commonly when there isn’t enough space for bikers to have their own lane. This sign means that motorists should be extra cautious of bicycles. The law allows bicyclists to use up an entire lane, meaning that they can ride in the middle of your driving lane if they choose to do so. Bikers will usually accommodate the faster-moving traffic (you) and will get out of the way. They may not be able to do so right away though, so give them a little time and refrain from honking, which can startle a bicyclist.

If there’s a bike lane, a biker has to use it:

False. New, unskilled bikers typically occupy this lane. Therefore, more experienced bikers tend to ride along the roadway. Motorists should remember though, while a biker can come into roadway lanes, it is illegal to drive or park in the bike lane if you’re in a motorized vehicle.

If there’s a sidewalk nearby, a biker has to ride on it:

False. Bicycles belong in the street, as they are legally considered vehicles. Bicycles on sidewalks are much more dangerous than bicycles on roadways. In fact, roads were paved for bicyclists, and state law says it’s illegal for an adult bicyclist to ride on a sidewalk.

Vehicles have the right-of-way:

Since both bikes and cars and considered vehicles, they have to all follow the same rules. When riding in the road, bikers are urged to abide by all road signs and signals just as a vehicle would. This goes for right-of-way rules as well. The only variation in the rules each party much follow is where these vehicles can ride. Bicycles aren’t allowed to ride on limited access highways, etc.

We urge you to visit the “Same Road. Same Rules.” website. There are some rules and information that may surprise you. It’s important to remember that everyone is required to follow the same road rules and should do so considerately and compassionately.

The other agencies partnering with MassBike on the Same Roads. Same Rules. website are: the Massachusetts Department of Transportation (MassDOT); the Department of Conservation and Recreation; Department of Public Health; and the Executive Office of Public Safety and Security Continue reading

October 29, 2011

Check the CPSC’s Recent Recall List for Dangerous and Defective Products in Boston

by Jeffrey S. Glassman

Santa’s making a list and he’s checking it twice. But is he checking the Consumer Product Safety Commission‘s (CPSC) website to see if any of his presents are on the latest list of recalls? Products that you may already have, or those you’re planning on wrapping up to give to loved ones for Christmas, could be on the CPSC’s recall list. For this reason, you’re urged to check out the list to help ensure no one is injured in your family because of a defective product in Massachusetts.

Our Boston personal injury attorneys would like to share with you some of the most recent recalls from the CPSC.

Recent recalls from the CPSC:

Gas Rangetop with Grill from General Electric:

General Electric is recalling its Monogram® Pro Rangetop with Grill because the burners that use liquefied petroleum could fail to ignite if the power knob is left between OFF and LITE. When the knob is left in this position, built-up gas could cause a delayed ignition and cause an explosion. Nearly 500 of these grills are on the recall list. They were all sold by General Electric distributors and authorized representative across the country from May of 2008 to August of 2011. They cost from $3,400 to $4,700. Owners of the unit will receive a free repair to fix it.

Glider Recliners with Ottomans from Big Lots:

There were nearly 400,000 of these products sold in the U.S. The recalled items are the Leather Glider Recliners with Ottomans and the Microfiber Glider Recliners. The problem is that there’s a gap between some of the parts on the chair and pose an entrapment hazard to small children. Injuries have already been reported. Dongguan Shindin Metal & Plastic Products Ltd. manufactured the items. They were sold at Big Lots stores around the country for about $200 from January of 2005 to December of 2009. Anyone who has any of these items should call Big Lots and pick up a free repair kit.

B.O.B. Jogging Strollers:

More than 400,000 strollers were recalled because the drawstring on the stroller’s canopy can serve as a strangulation hazard. Also, the company’s logo can come detached and be a choking hazard to a child in the stroller. Reports of injury have already been received. These devices were made from November 1998 to November 2010. The items were sold on Amazon.com, sporting goods stores, Babies R’ Us, REI and other children stores. They cost up to $600.

Child’s Folding Tent from IKEA:

More than 100,000 BUSA children’s folding tents were sold at IKEA stores from August 2011 to September 2011. They’re all being recalled because of laceration and puncture hazards. The tents have broken in many cases and have exposed the wire ends and have caused injury. Model number 90192009 is recalled. They ran about $8. If you have one of these tents, take it back to an IKEA store for a refund.
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October 25, 2011

National Elevator Escalator Safety Awareness Week to Help Prevent Injury in Massachusetts and Elsewhere

by Jeffrey S. Glassman

Dangerous elevators and escalators are serious issues in cities and towns across the United States. In our state, many of these devices are used every day by commuters who use the MBTA to get around town. When these devices are not working properly and safely, elevator and escalator accidents in Boston can result. Companies have a responsibility to ensure that these devices are working safely and properly. When they aren’t, injuries or deaths can result.

Boston isn’t the only big city with this problem. Our Massachusetts elevator and escalator accident attorneys would like to tell you about the recent problem in New York City as well. According to FOX 5, there have been continuous investigations into the city’s out-of-service devices. These escalators and elevators located throughout Manhattan subway stations have been working improperly for years. The target of a recent investigation was the Lexington Avenue and 53rd Street station. Officials report that at any one time, at least one out of every 11 transit authority escalators are shut down.

When these devices are put out-of-service, people are forced to use the stairs, which could pose slip-and-fall risks, especially during inclement weather. This mainly applies to children and elderly riders.

When escalators and elevators aren’t working properly, they also cause congestion among riders on the subway platforms too. When these areas are overcrowded, the risks of people being shoved onto the tracks can increase.

In New York, FOX 5 reported that many of the out-of-service escalators were owned by private companies even though they’re used in the city’s subway stations. These companies no longer take care of these devices because the city cut the deal they made with them. The deals were cut to save more money for the construction of larger buildings.

To help raise awareness about the importance of keeping elevators and escalators in good-working condition, the Elevator Escalator Safety Foundation hosts National Elevator Escalator Safety Awareness Week during the second week of November every year. Through this week-long campaign, the foundation hopes to recruit the support of residents throughout the country to help raise awareness about the importance of properly working elevators and escalators.

Every year, there are nearly 50 people killed and another 17,000 people injured because of accidents on escalators and elevators in the U.S., according to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission.

Tips to help keep you safe when riding an escalator:

-Be sure you know which way the stairs are heading before stepping on.

-Hold the hands of small children.

-Hold on to loose items in one hand and place the other hand on the hand rail.

-Keep loose clothing away from steps.

-Don’t ride with hand carts, luggage carts, wheelchairs, strollers, etc.

-Always face forward.

-Never walk up an escalator that is not running.

-Don’t climb on the handrail.

-Step over the comb fingers when stepping off. Don’t just slide your feet off.

-Move clear after exiting and make room for riders stepping off behind you.
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October 21, 2011

70-Year-Old Injured in Pedestrian Accident in Massachusetts with Fire Truck’s Hose

by Jeffrey S. Glassman

A Revere man was involved in a recent and unusual pedestrian accident in Massachusetts. It all happened as the 70-year-old man was waiting for his turn to cross the street and a 200-foot hose that was hanging off the side of a fire truck flew over and struck him unexpectedly. Luckily, a security camera nearby was able to catch the whole thing on tape, according to NECN.

The accident happened at the corner of Dale and Park. Witnesses reported that the pedestrian was struck pretty hard and was left in horrible condition. The accident could have turned out much differently though. The same type of accident took the life of an 83-year-old pedestrian in Cambridge about two years ago.

Our Boston personal injury attorneys understand that the fire department has announced that it’s making changes to its safety procedures since the accident, but these accidents cannot be prevented unless employees and departments exercise precautions. The fire department reported that it has ordered special netting kits for all of the trucks’ engines that were manufactured after 2008. That’s when a safety measure was passed to require that trucks have this safety feature.

“It caught his legs and flipped him up in the air,” said Fire Chief Eugene Doherty.

This netting is used to cover up the hoses on these trucks to prevent them from flying off while in motion. The department has two additional trucks, but those were made after 2008 and already have the safety netting.

“It’s something the manufacturers saw fit to do in 2008,” said Doherty.

Doherty goes on to say that he’s not blaming the manufacturers for the accident, but he says safety precautions should have been more specific and should have been required on all trucks.

The chief thinks that the hose may have fallen loose because the nozzle wasn’t positioned correctly. He says the hose’s nozzle should have been kept in the middle of the compartment that’s located on the top of the fire truck. He believes that the nozzle could have been positioned too close to the edge. All of the firefighters at that department are going through more training courses to help them to ensure that the nozzle is properly stored. He says all fire chiefs should consider retraining their fighters.

Since a recent meeting among area chiefs, all concluded that safety procedures need to be reassessed.

“Wrong place at wrong time,” said one of the victim’s neighbors.

A family member of the victim reports that the 70-year-old man is in the hospital being treated for broken bones and a concussion.

If you’ve been involved in an accident with a government or county vehicle, it is critical for you to contact an attorney to help you represent the case. Oftentimes these parties are able to fight with the help of large and powerful representatives. Legal representation can help you to gain the compensation you deserve.
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October 19, 2011

How to Avoid Scary Child Injuries in Massachusetts this Halloween

by Jeffrey S. Glassman

You may not be going out this Halloween, but if you’re expecting trick-or-treaters to come knocking at your door there are a few simple safety tips you can follow to help prevent child injury in Massachusetts. Many children are injured every year while venturing from house to house in search of little wrapped sweets.

As we recently reported on our Boston Personal Injury Attorney Blog, children are four times more likely to suffer from an injury on Halloween night than during any other night of the year.

To help reduce the risks of child injury in Massachusetts, the state offers these safety tips for those who will be handing out candy this Halloween:

-Try using small flashlights or battery-operated candles in your jack-o-lanterns instead of candles. Fires are some of the common cause of injury during Halloween.

-Be sure to remove leaves and cornstalks away from open flames. Keep candles and jack-o-lanterns away from draping curtains and other flammable objects.

-Only use flame-proof crepe paper for decorating.

-Be sure to clear your driveway, sidewalk and front porch of any trip-and-fall hazards. There’s no telling where children will wander. Remove these hazards to help prevent a serious accident.

-Make sure that all the lights on the exterior of your house are on and working. Dimly-light areas are an attraction for injury-related accidents.

-Consider handing out non-candy items to trick-or-treaters, including bubbles, spider rings and toothbrushes.

-Clear your yard of all lawn furniture and other debris.

-Toss out any candy that has been opened or looks like it has been tampered with.

-Do not hand out any kinds of treats that children may choke on, like peanuts or hard candy.

As most parents can attest, nothing is scarier than an injury to a child. Parents are urged to discuss the risks that they’re likely face on Halloween night before heading from door to door in search of yummy treats.

According to Safe Kids USA, here are the top five safety hazards on Halloween:

5.) Eye and burn injuries. Many of these accidents happen from improper costumes, candles and toys. Make sure all toys and props are soft and safe.

4.) Falls. Many of these accidents are caused by running, improper costumes and poor lighting.

3.) Drunk Driving. On Halloween, there are more drunk drivers reported to be on our roadways than during New Year’s.

2.) Crossing the road at non-intersections. Kids should cross only at street corners and should avoid running into the road. Children need to be as visible to motorists as possible.

1.) Pedestrian-car accidents. These accidents are the result of speed, poor visibility and speed.

All residents are urged to be extremely cautious this Halloween to help protect our young ghosts and goblins. With these few safety tips, we can all make it home without any real scares. From our Massachusetts personal injury attorneys, have a Happy Halloween!
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October 17, 2011

Keep Your Trick-or-Treaters Safe from Pedestrian Accidents in Massachusetts this Halloween

by Jeffrey S. Glassman

With Halloween right around the corner on Oct. 31, the state of Massachusetts and our Boston personal injury attorneys would like to offer some advice to help you and your little ones be safe on this scary holiday.

Did you know that your child is four times more likely to be injured in a pedestrian accident in Massachusetts than any other night of the year? We can all help to greatly reduce these risks by providing our little trick-or-treaters with proper supervision and pedestrian safety tips. So before you suit up your little ghosts and goblins, review the following tips and share them with your young ones.

Halloween safety tips from the Massachusetts State Fire Marshal:

-Make sure that all your trick-or-treaters are supervised by a responsible adult.

-Review these safety tips for children who are old enough to venture out on their own.

-Make sure that you are familiar with the neighborhoods you’ll be trick-or-treating in. You should plan a route that has minimal traffic and has safe sidewalks.

-Make sure to keep your trick-or-treating clan together. Never separate from one another.

-Always carry a cell phone with you in case of emergencies.

-Always walk along sidewalks.

-Always cross the road at street corners.

-Never dart out from behind a parked car.

-Cover one side of the street at a time. Don’t crisscross from side to side while trick-or-treating.

-Make sure children know to never enter a stranger’s home or vehicle.

-Only trick-or-treat at homes that are well-lit. Don’t approach homes without any lights on.

-Make sure everyone is wearing comfortable shoes.

-Attache reflective tape to all costumes or require trick-or-treaters to carry a flashlight. Another way to help ensure your children are “well lit” to be seen is by placing a flashlight in their treat bags.

-Consider using face paint instead of masks, which can obstruct your child’s vision.

-Children should never walk across a person’s lawn.

Halloween safety tips for drivers:

-Keep an eye out for witches, rock stars and little celebrities when driving in residential areas.

-If you’re driving your children to trick-or-treat from neighborhood to neighborhood, drop them off on the curb side of the road. Never allow them to exit the vehicle on the road side.

-Always use your blinkers so that little goblins know where your vehicle’s heading.

-You should never drive drunk.

-It’s wise to drive under the speed limit in residential neighborhoods and school zones on Halloween night.

It’s important to keep a watchful eye out for our young trick-or-treaters. They are extremely vulnerable for pedestrian accidents as they’re less likely to understand the workings and dangers of moving traffic. Be on your best behavior and help your child stay safe and you never know, they may share some of their sweet treats with you. From our Boston personal injury attorneys to your family, have a safe and happy Halloween!
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October 12, 2011

New England Trucking Accident Blamed on Faulty Brakes

by Jeffrey S. Glassman

A recent New England trucking accident took involved parties to the Oxford County Superior Court after faulty brakes were blamed as the cause of the accident. A Maine State Police Trooper recently testified in court saying that the truck’s brakes made the 2009 accident in West Paris much worse than it had to be, according to the Sun Journal.

In the wreck, a 60-year-old man was killed on Route 26 during that three-vehicle accident. The man’s family is suing a Sommerville woman who fell asleep at the wheel causing a large commercial vehicle to swerve and drive directly into the man’s car. The woman reportedly woke up just before crashing head on with a trailer-truck. When she served back into her lane, she hit the truck and broke a spring that was used to steer that truck. The woman was injured. The tractor-trailer swerved out of the way and into the Sommerville man’s vehicle after it failed to brake.

Our Massachusetts tractor-trailer accident attorneys understand that jurors recently heard expert analysis of the accident from Steven Thomas, an engineer who is oftentimes used in these types of trials to provide expert testimony. The man said that after looking at the fatal accident he concluded that it could have only resulted as a fender-bender if the truck’s 12 brakes had been in good working condition. He added that if the tractor-trailer could have stopped just 5 feet shorter that the impact to the Sommerville man’s vehicle could have been minimal.

The expert was also asked to look at the analysis of the accident that was provided by Midwest Price Co., the trucking company. The company argued that the truck was not traveling fast at all and the accident was a result of the road’s soft shoulder.

Thomas said the shoulder of the road would have caused the truck to flip to the left and not to the right like it did.

A Main State Trooper, Daniel Hanson, said that the truck didn’t have enough power in its brakes and that’s what contributed to the severity of the accident.

“Lack of proper braking aided in the trailer overturning,” said Hanson.

The trial will continue at a later date.

This accident is a perfect example as to why properly maintaining large commercial vehicles is so important. Traffic-related accidents with these big rigs can oftentimes turn deadly.

If you have been involved in an accident with one of these large vehicles and you believe that faulty equipment is to blame, it is vital for you to contact an experienced attorney. Companies are required to keep timely maintenance records for every vehicle and an attorney can help to retrieve this information.

Failing to keep trucks up to par on safety requirements and other safety standards can result in a serious accident and a costly litigation.
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