Boston Personal Injury Attorney Blog

September 12, 2011

Rider Plans to Bike during Hub On Wheels Event after Massachusetts Bicycling Accident

“This year, I wanted to mark the one-year anniversary of me getting hit, with something, and it was all too convenient that Hub on Wheels was just five days after that anniversary. It made perfect sense,” said South Boston resident Jodi Sperber.

Sperber was involved in a Massachusetts bicycle accident last year on Route 20 and to celebrate her recovery and to help support our local riders, she’ll be participating in this year’s “Hub on Wheels” event. The 50-mile ride will take place on September 25th in Boston as a part of the mayor’s daylong celebration of bicycling, according to the Boston Globe.

Our Boston bicycling accident attorneys understand the risks that bicyclists face on our roadways statewide, which is why we see the importance in events such as the Hub on Wheels. During this event, riders and residents are invited to come out and enjoy the all-day celebration, with kid’s races, sport professionals, entertainment and educational programs to help beginner riders to learn about a bicyclist’s rules of the road. Professional riders will be on site to perform demonstrations showcasing their skills.

During Sperber’s bicycling accident, she was making her routine commute to Brandeis University, where she was attending classes in pursuit of her doctorate. The accident happened when she was blindsided by a car that was making a turn at an intersection.

It took her nearly a year to recover from the injuries she sustained in the accident, including broken toes and a broken wrist. The accident hasn’t stopped her, but she has gained more awareness. She says that she was always the safest rider, always wearing a helmet, stopping at all traffic lights and obey all road rules, but now she’ll be wearing brighter clothing, equipping her bike with more lights and will be riding more aggressively.

Sperber’s bike is her main form of transportation to and from her home in South Boston. She begs both bikers and motorists to be more aware of one another on our roadways.

“I think it’s just bikers not understanding the rules, just as much as drivers not understanding the rules,” says Sperber.

We would like to invite you to come out and participate in the 7th annual Hub On Wheels event. The main focus of this event is the citywide bike ride that will be taking place on Sunday, September 25th. Riders will be able to enjoy a car-free Storrow Drive, bike through the scenic Boston Harbor and explore hidden pathways and historic neighborhoods in our area.

The ride will both begin and end on City Hall Plaza in downtown Boston. There are three different bicycling routes that riders can choose from. There are 10-mile, 30-mile and 50- mile routes available to riders. Riders are urged to sign up now.
Continue reading

September 11, 2011

Two Young Massachusetts Men Injured in ATV Accident

by Jeffrey S. Glassman

A recent all-terrain vehicle (ATV) accident left a 23- and a 24-year-old in the hospital. Both men involved in the ATV accident were from Massachusetts. The accident happened when their ATV struck an embankment on Greenwood Brook Road in Maine and flipped over, according to the Morning Sentinel.

Unfortunately, young and inexperienced riders are more likely to be involved in an ATV accident in Massachusetts and elsewhere through the summer and fall months.

Our Boston personal injury attorneys understand how serious these types of accidents can be. In this particular accident, one of the Massachusetts riders was trapped underneath the ATV as it flipped. The rider was transported by Northstar EMS to Franklin Memorial Hospital in Farmington. We’re thankful that both riders were wearing their helmets at the time of the accident otherwise injuries could surely have been fatal.

According to AVTSafety.gov, there were more than 615 reported deaths resulting from ATV accidents in 2008. Officials believe that number to be much higher as they predict that not all accidents were reported. Officials believe that number to be much closer to 800 than 600. There were also more than 135,000 injuries reported as a result of accidents involving ATVs.

“As nurses who initiate immediate care to patients admitted for ATV injuries, the sorrow and pain of parents and family members of ATV victims is heart wrenching. If stronger regulation of ATV safety would save the life of one young child, it would be worth it all” said Linda Altizer, RN, from the National Organization of Orthopedic Nurse‘s Board of Directors.

Follow these safety tips to help prevent injuries resulting from an ATV accident:

-Enroll in a safety course. Many hands-on courses are offered and can teach drivers about a number of situations a rider can expect to encounter. Drivers who complete a safety course are less likely to be involved in an accident.

-Make sure you’re wearing your gear. Riders are urged to wear a helmet when riding. The more gear your wear, including gloves, a jacket, goggles, proper pants and above-the-ankle shoes can significantly reduce your risk of being injured.

-Don’t ride with passengers. More than one rider on an ATV greatly increases your risk of being involved in an accident. Most ATVs are made to only carry one person anyway. Drivers must be able to shift their weight in any direction at any time, passengers make this much more difficult.

-Don’t drive on paved roads. Because of the design of ATV, most of them are difficult to handle on paved roadways. A great number of fatalities occur in this area. Collisions with cars oftentimes turn deadly.

-Don’t allow children to drive. Children represent a third of all ATV-related deaths. Most of these fatalities occur when a child is driving an adult ATV. Riders under the age of 16 are twice as likely to be injured as those in any other age group on an ATV.
Continue reading

September 9, 2011

Children Falling from Windows Causes 5,000 Child Injuries in Massachusetts and Elsewhere Yearly

by Jeffrey S. Glassman

Every year, there are more than 5,100 children in the United States that are sent to the hospital because of child injuries in Massachusetts and elsewhere as a result of a child falling out of a window. While many of them are treated and released from the emergency room, about a fourth of these kids have to be admitted to the hospital.

A nationwide study of the problem, conducted by the Center for Injury Research and Policy, noted that the occurrence of these accidents has only decreased slightly over the last 19 years.

Our Boston child injury attorneys understand that most child injuries can be prevented with proper adult supervision and by following just a few simple safety steps. It’s estimated that about 7 injuries occur for every 100,000 children, according to MSN Today.

Studies released from the Nationwide Children’s Hospital in Columbus, Ohio reveal that from 1990 to 2008, there were more than 98,400 kids under the age of 18 who were treated in hospitals for injuries as a result of these accidents.

“We continue to see this problem, especially in younger kids, despite the fact that we know how to prevent it,” said Dr. Gary Smith, head of the Center for Injury Research and Policy.

Certain age groups are more at risk than others. Toddlers are the most vulnerable. Researchers believe that this age group is more likely to fall from an open window because they’re typically more curious that older children, they are unable to comprehend the possible dangers, and they have a higher center of gravity. Toddlers represent about 70 percent of all of these accidents.

“As they lean over, their high center of gravity will make them topple,” said Smith. “They almost invariably land head-first.”

About half of all the children who sustain injuries from falling from a window experience injury to either their head or their face. There are only about two out of every 1,000 accidents that result in a fatality.

A majority of falls from windows occur from the second floor of a building.

There are ways to prevent these types of accidents and it only takes a few simple steps. First and foremost, it is important to make sure that no young child has access to a window. It’s a good idea to remove furniture from a window area. Furniture makes it much easier for child to climb up near windows.

It’s also an excellent idea to install window stops or window guards to the windows in your home. Some places have already mandated the use of these guards, like New York and other big-city areas. But there are a number of places that have no window regulations to keep children safe.

“Parents need to remember that window screens simply won’t be enough,” Smith says.
Continue reading

September 8, 2011

When Should an Elderly Driver Hang up the Keys to Avoid a Car Accident in Boston?

by Jeffrey S. Glassman

A senior citizen from Taunton was recently involved in a serious single-car accident in Massachusetts. The vehicle flipped as the elderly driver plowed into the Reed and Barton silver company building. She landed right-side up and had to wait for emergency personnel to come and pry her from the vehicle, according to the Taunton Daily Gazette.

The accident happened when the vehicle’s tire popped when she was driving along West Brittania Street. Her car was thrown down a hill about the length of a football field. The vehicle struck a brick wall before coming to a stop. Emergency responders used the Jaws of Life to cut the driver’s side door off to retrieve the elderly driver.

Our Boston personal injury attorneys understand that with age comes an increased risk of being involved in a car accident. Elderly drivers may not be able to react as quickly to dangerous situations on the road as younger drivers can. Residents are urged to keep an eye on their elderly family member’s motor skills to help ensure that they’re safe on our roadways. If you feel that an elderly loved one’s driving ability may be drifting away, you’re urged to talk with them about hanging up their keys — for their safety.

The elderly driver was taken to the Morton Hospital and Medical Center and was later transported to Beth Israel Deaconess Medical Center in Boston. Hospital staff has yet to release information regarding the driver’s condition.

Losing the ability to drive safely is a part of life as it comes with age. It doesn’t mean that everyone needs to stop driving at a specific age. It just means that we need to keep an eye on our driving skills to be able to determine when it’s best for us to stop. It’s important to remember that giving up the keys doesn’t mean handing over our independence. Elderly residents who stop driving find a need for alternative forms of transportation which oftentimes can come with a number of social and health benefits.

If you’re experiencing any of the following symptoms listed from HelpGuide, you could be at an extremely high risk for being involved in potentially fatal accident:

-Are you having trouble looking over your should for surrounding traffic? This is oftentimes caused by stiffness in the neck or aching joints.

-Pain in your legs is another symptom that can affect your ability to drive. Leg and foot pain can stop you from pressing the right pedals, whether it’s the brake or the gas pedal, when needed.

-Are your arms feeling weak? This pain can make it difficult for your move the steering wheel quick enough to avoid an accident.

-Unfortunately, reaction time slows with age. With a slower reaction time, you’re less likely to able to spot a vehicle entering your path in time to avoid crashing into it.

-Road signs and signals may start to seem overwhelming. Elderly drivers can also become overwhelmed with traffic and pedestrians. Unfortunately for aging seniors, keeping track of multiple tasks can become more and more difficult.

Aging residents are urged to keep an eye on their driving abilities and to understand that there may come a time when you’re better of finding another mode of transportation besides driving. Family members are also asked to keep an eye on the elderly drivers in their life to make sure that they’re not putting themselves in danger on our roadways.
Continue reading

September 6, 2011

Medicaid Budget Cuts Taking Beds from Nursing Home Residents in Massachusetts

by Jeffrey S. Glassman

Dwindling social services budgets and for-profit nursing homes are leaving nursing home residents in Massachusetts without a bed, according to boston.com. Elderly residents who may be hospitalized for a short while or those who leave to make a visit to family member risk losing their spot in their nursing home. More and more budget cuts are worsening the risks. Beds are not be held for much longer.

As those living in nursing homes relying on Medicaid continue to experience budget cuts, more and more are facing risks of losing a bed — overcrowding and short staffing also increase the risk of nursing home neglect in Boston and elsewhere throughout the state. We expect our elderly family members to be taken care of and to be provided for while they’re living in these homes. Sadly, that’s often not the case.

Our Massachusetts nursing home abuse attorneys understand that many of our local nursing homes are in fact run by large corporations and are for-profit companies. When a resident temporarily leaves the home, there is sometimes no guarantee that they’ll have a place to return to.

Advocates made attempts to influence government to reevaluate their cuts, but there efforts have largely been ineffective.

A new rule will take effect on the first of November. The new rule cuts state Medicaid and could potentially force nursing home facilities to readmit elderly residents once they’ve left the facility. By readmitting them they’re likely to be placed in a new room.

Advocates worry that this procedure with confuse a number of residents that are diagnosed with dementia.

“Imagine the stress this will put on families, heading into the winter holiday season, and they’re thinking, ‘I will have to tell my loved one that I won’t be able to bring them home…because they’ll risk losing their bed,’ ” said Debbie Banda, director of the Massachusetts office of AARP.

Approximately 1,600 signatures were collected by the Massachusetts Advocates for Nursing Home Reform in an effort to get lawmakers to find other areas to make their budget cuts. The Medicaid budget only consisted of about $10 million before cuts. The program offers compensation to nursing homes for holding on to beds for residents for 10 days if they had to temporarily leave the facility. Facilities will no longer receive this compensation and could give the beds to new residents in an effort to bring in the most revenue.

Back in 2010, there were nearly 29,000 instances in which resident’s beds were held for then through Medicaid funding. Medicaid reported that there were as many as 5,000 empty beds at any given time under the old provisions.

Advocates will continue fighting Congress in an attempt to help ensure that these elderly residents have a place they can call home without the fear of losing it.
Continue reading

September 3, 2011

Nursing Homes Accept Sexual Offenders in Massachusetts

by Jeffrey S. Glassman

Massachusetts state law says that dangerous sexual offenders are no longer allowed to live in nursing homes. Recently, the Massachusetts Supreme Judicial Court ruled that law to be unconstitutional, according to boston.com.

The unanimous vote concluded that the rights of one specific sexual offender were violated after a local nursing home asked him to leave because of his offender status. The state law that banned these individuals was initially invoked back in 2010.

Advocates for the rights of these sex offenders believe that they too need long-care living facilities. They’re hoping that nursing home administrations will start allowing Level 3 offenders into their facilities, since the previous law had been proven unconstitutional. Opposing parties believe that by allowing these sexual offenders into the homes that they are increasing the risks of sexual-related nursing home injury in Boston and elsewhere. They believe that residents should be protected from these individuals while living in these facilities.

Our Massachusetts nursing home neglect lawyers understand the risks of allowing offenders to live in these homes. The law stated that these people lost certain protections, like right to privacy, when they were labeled as offenders. Level 3 represents a group of offenders that the government has concluded is likely to reoffend in the future.

“Those who have been released from incarceration…are free to live where they choose and to move freely within and without the Commonwealth,” said Justice Fernande R.V. Duffly.

The State Constitutions clearly protects a person’s decision on where to live.

Some believe that this specific ruling only applies to the sexual offender that was up for discussion in this particular case and not for our society as a whole. Advocates are hoping that local nursing homes won’t start acting as if the law doesn’t exist anymore. Others argue that this change will in fact apply to everyone from here on out. If it’s unconstitutional to ban one person from living in a chosen assisted living center for being a Level 3 offender then it’s unconstitutional to ban anyone else that meets the same criteria.

Previously, many nursing homes would gladly deny residency to Level 3 offenders and used the previous law as they’re defense. They argued that the banning of these individuals helped to protect residents, visiting family members and employees.

The recent ruling only focused on the ban of Level 3 offenders. No other individuals were taken into account in this decision. The ruling also did not take into account the locations of these areas and their location in reference to local schools.
Continue reading

September 1, 2011

MBTA Works to Decrease Risks of Bicycling Accidents in Boston

by Jeffrey S. Glassman

A bicyclist ran right into the side of an SUV that was traveling on Route 20 about to turn left on Glen Road, according to Wayland Police. The Massachusetts bicycle accident left the biker at the Boston Medical Center in critical condition. Officers report that they found a bicycle helmet at the scene of the accident, which they assume the bike was wearing when the accident occurred.

Officials are still investigating the accident. No charges have been filed, according to the Sadbury Patch.

Our Boston bicycling accident attorneys understand just how dangerous it can be to ride a bicycle through the Greater Boston area. Luckily, the Massachusetts Bay Transportation Authority (MBTA) is working alongside MassBike to create new designs for bike racks that would make parking at the Pedal & Park areas more convenient for our two-wheeled travelers. Pedal & Park is a feature that will be coming to a number of MBTA stations in the area, including Oak Grove, Davis Square, Malden Center, Ashmont and Braintree. Installation of the Pedal & Park feature has already begun at the South Station and should be completed soon.

The Pedal & Park racks will encourage bike riders to ride to the station to park their bike before traveling to the next area. This system will help to keep our local bicyclists away from congested and dangerous areas of traffic in the city.

The new program also aims to get more people out of their car and on to their bikes, which would also help to decrease traffic in crowded areas. The additional and more convenient parking facilities will offer bike owners confidence in finding a spot when they arrive and to have a safe place to park while they’re away.

After receiving feedback from users regarding the racks, a final decision will be made.

For new bikers that may be thinking about using the Pedal & Park feature, you’re urged to register for one of the upcoming bike education courses. These classes help you to improve you bike maneuvering skills and bike safety knowledge.

A majority of bike-related fatalities are a result of head injury. Children between the ages of 5 and 18 account for more than 50 percent of the bicycle accident victims that sustain injury. Male riders are three times more likely to be injured on a bike than female rider. Regardless, everyone is urged to bike safely and to remain cautious in our area. As more and more residents take advantage of the eco-friendly form of transportation, we all still have to worry about the dangers. Please bike safe and take advantage of the safe biking features we have in our area while the weather still permits.
Continue reading

August 29, 2011

Inexperienced Teen Drivers Heading to and from School Facing Risks of Car Accidents in Massachusetts

by Jeffrey S. Glassman

A recent teen car accident in Massachusetts is still being investigated by accident reconstruction teams. Capt. William Breault said that the accident happened in Dover on Dover Point Road right in front of St. Thomas Aquinas High School; a 17-year-old driver reportedly traveled into the path of another vehicle. Both vehicles suffered severe front-end damage, according to Foster’s Daily. All four motorists involved in the accident were taken to Wentworth-Douglass Hospital with varying injuries.

Authorities are investigating why the teen driver, who was heading northbound on that road, crossed over into the southbound lanes.

The road was closed for a number of hours so that investigation crews could assess the scene of the accident. Once the investigation is complete, a prosecutor will review the data and could potentially file charges.

Our Boston teen car accident attorneys know the fall is a dangerous time for teen drivers as kids head back to school. Motorists are urged to be on the lookout for these inexperienced, young drivers. According to the National Highway Traffic Safety Administration, traffic accidents are the number one killer for teens aged 15- to 20-years-old in the United States. Parents are urged to step up and talk with their young drivers about the importance of safe driving habits and about the consequences of poor driving decisions. Please do your part to help a teen driver avoid a potentially fatal accident this school year.

This is the third entry of a three-part blog that discusses the different modes of travel that our students will be taking to school this year and the dangers that accompany them. Parents are urged to look over the articles and discuss the safe-travel tips with their children to help to ensure that they make it to and from school safely this school year.

There were nearly 2,500 young drivers killed in traffic accidents in the United States in 2009. Another 196,000 teen drivers were injured in these incidents. More than 5,000 teen drivers were involved in fatal accidents during the same year. Teens made up more than 10 percent of all of the drivers involved in fatal accidents during this time.

Massachusetts witnessed nearly 50 teen deaths resulting from car accidents in our state in 2009.

Parents could quite possible be the most influential people in a teen driver’s learning process. For this reason, parents are urged to step up and get involved with their teen’s driving experience. Offer them plenty of practice time and appropriate feedback regarding their driving skills.

Here are some tips for parents to discuss with their teen driver to help keep them safe on our roadways:

-Make sure teens wear their seat belts. Recent statistics conclude that this age group is least likely to buckle up on our roadways. A majority of teens that died in car accidents were not wearing their seat belts.

-Shut off your phone. Nearly 20 percent of teenage drivers that were involved in a fatal car accident were distracted. Lead by example.

-Limit the number of passengers they’re allowed to drive with. Passengers can be one of the most deadly distractions. Limiting passengers limits your teen’s risk of being involved in a serious accident.

-Watch the speed. This is especially important for young male drivers. Make sure they know, and abide by, all speed limit postings.

-Warn them about the dangers of drinking and driving. Even though they may not be old enough to buy alcohol, that doesn’t mean they can’t get it and won’t drink it.

-Limit their nighttime driving. Nearly 20 percent of all young driver deaths occurred during the evening hours.

-Make sure your teen’s car is safe and is well-maintained. Check the brakes and tire pressure. Look at the fluid levels under the hood. Check that their lights are working properly.

-Set check-in rules for your teen. Make sure that they call or text when they arrive at their destination and when they are leaving to head home.
Continue reading

August 27, 2011

State Officials Step up Pedestrian Safety Efforts to Decrease Risks of Child Injury in Massachusetts this Year

by Jeffrey S. Glassman

The Massachusetts Department of Transportation (MassDOT) has been working diligently to partner up with approximately 350 schools and more than 115 communities to educate our students about the dangers of walking and biking to school in an effort to make their walk or bike to school is a little bit safer.

The program will be spending nearly $4.5 million for the Safe Routes initiatives this year. This program is expected to reach at least a quarter of all of the students and attempts to reduce the risks of child injury in Massachusetts.

This is the second entry of a three part blog in which we’re focusing on the importance of safe traveling to and from school. In the last entry we discussed students and their trips to school on school buses. Throughout this blog entry we will be discussing safety matters regarding students who either walk or bike to school.

Our Boston personal injury attorneys understand that car accidents are the leading cause of death for our young children. Approximately 20 percent of these fatalities are a result of pedestrian-car accidents. This number is so high because experts believe that many children are not properly educated about safe on-foot traveling and that young children are unable to safely negotiate traffic. For this reason, parents are urged to speak with their child who may be walking or riding their bike to school this year about safe traveling habits that can help keep them safe and accident-free on our roadways.

The Safe Routes program focuses on 5 key points:

-Education
-Engineering
-Encouragement
-Evaluation
-Enforcement
In 2007, there were approximately 27,440 children that were treated in emergency rooms for pedestrian-related injuries.

Parents should talk with their child about the following safety tips, provided by the National Safety Council, if your child is walking to school this year:

-Parents are urged to walk to school with students that are under the age of 10.

-Children should always walk on a sidewalk if one is available. If there’s no sidewalk, children should walk away from the road, but facing oncoming traffic.

-Remind your child to always cross the street at an intersection or at a street corner.

-Warn children to look both ways for oncoming cars before stepping off the curb to cross the street.

-Keep looking left and right as you’re crossing the road.

-Don’t run across the street. Always walk. Running makes you more likely to trip and fall in the middle of the street.

-Make sure a child never darts out in front of a parked car because if there’s a motorists coming on the other side of the vehicle, they may not have time to react or stop.

Parents should talk with their child about the following safety tips if their child is riding their bike to school this year:

-Make sure your child always wears a helmet when they’re riding a bicycle.

-Make sure that the helmet fits properly. To check the fit properly, make sure that the width of two fingers fits between the bottom of the helmet and your child’s eyebrows.

-Make sure they understand the rules of the road. If they don’t you should ride to school with them until they do.

-Make sure they know to ride on the right side of the road. If they’re riding with others then they should travel in a single-file line.

-Always come to a complete stop before attempting to cross the street.

-Wait until a driver signals that it’s okay to cross the street.

-If you’re riding to or from school when it’s dark out, remember to wear bright colors.

-Your child’s bike should always have reflective tape and lights on it so that they’re more visible to motorists.

-Practice. Practice. Practice!
Continue reading

August 26, 2011

Boston Residents Asked to Prepare for Hurricane Irene – Area under Hurricane Watch

by Jeffrey S. Glassman

Boston was put under a hurricane watch early Friday morning, according to the National Hurricane Center. A hurricane warning is issued by meteorologists at least 36 hours before an area can expect tropical storm-force winds. As Hurricane Irene make its way up the East Coast of Florida, Massachusetts is in its path for the weekend. Since our area is more experienced in preparing to blizzards, out Boston personal injury attorneys are here to help you prepare for the approaching hurricane. Preparedness is your best defense against a storm of this size.

As of the latest reports, Hurricane Irene is passing along the northern coast of Florida and is expected to travel up the East Coast of the country. The storm recently weekened, but is still bringing 110 mph winds. These wind speeds should concern residents. Everyone is urged to pack a hurricane safety kit in an attempt to avoid injuries in Boston and elsewhere in Massachusetts.

As of 8:00 a.m. this morning, the storm was about 400 miles from the coast of North Carolina. It’s currently a Category 2 storm and is traveling at a speed of about 14 mph. Irene is expected to hit the coast of North Carolina and then make a trip up the Eastern Seaboard on Saturday.

A number of storm experts expect Irene to bring some serious storm surge that could raise water levels more than 5 feet in some areas.

Because of the storm, the Kenny Chesney concert at Gillette Stadium in Foxboro, Massachusetts, was moved from Sunday to Friday and the Boston Red Sox will no longer be playing against the Oakland Athletics on Sunday. That game has been moved to Saturday, according to CNN.

“Irene is capable of inundating portions of the coast under 10-15 feet of water, to the highest storm surge depths ever recorded,” said Hurricane expert Jeff Masters who was the co-founder of the Weather Underground website.

A number of airlines have canceled flights. A number of cities that offer subway transportation have closed down operations as well for fear of flooding.

USA Today offers this list of items to include in your hurricane safety kit:

-Insurance documents.

-Bottled water.

-Medications.

-Non-perishable food items.

-Baby formula and pet food, if needed.

-Toilet paper.

-Powdered or canned milk.

-Bandages, gauze pads.

-Antiseptic spray
-Eye glasses, contacts and other necessary eyecare products.

-Blankets, sleeping bags.

-Flashlights, extra batteries.

-Weather radio or a portable radio.

-Extra batteries.

-Some extra money.

-Cell phone, completely charged.

Residents in the path of the storm are urged to gather these items and store them in a waterproof container.

Hurricane Wilma was the last major hurricane to strike the country. The United States saw Wilma in 2005. That storm was a Category 3 which made landfall in Southwest Florida.
Continue reading