Boston Personal Injury Attorney Blog

June 4, 2011

Two New Locomotives to MBTA to Save Money and Reduce Risk of Injury in Boston Train Accident

The Massachusetts Bay Transportation Authority (MBTA) recently purchased two advanced locomotives from the Utah Transit Authority (UTA), making for the newest editions to the fleet in decades. These new additions were picked up by the MBTA because they were not only more fuel and energy efficient, but they meet new safety regulations. With these new locomotives, passengers are expected to be better protected during a train accident Boston and elsewhere throughout the area.

“These new locomotives are more fuel efficient and more reliable, improving on-time performance for the benefit of the commuters,” said Massachusetts Lt. Gov. Timothy Murray.

Many residents and visitors use our public transportation system for quick and efficient travel throughout the area. However, riding on our subways and trains is not always a safe endeavor. Riding public transportation comes with its own risks. Our Boston personal injury attorneys have reported incidents involving the MBTA and the injuries caused to residents and visitors involved in these mishaps. Riders must put total trust in the drivers and rely on these drivers to get them to their destination safely and in a timely manner. If you are injured in one of these accidents, it is critical that you contact an experienced attorney to help you to fight for your rights against these large transportation companies.

The upgrades to the fleet are expected to lower fuel costs, prevent unnecessary idling and reduce nitrogen oxide levels by 20 tons per engine annually. The reduced fuel usage is expected to save nearly 40,000 gallons of fuel and roughly $80,000 per locomotive each year, according to Government Technology.

“We were able to utilize this technology on the new locomotives,” said Steven Mudge, the MBTA’s director of vehicle engineering, “because in the older [locomotives], if you were to shut down the main engines, then you’d also shut the lights, air conditioning and heat off on all the coaches behind it.”

After calculating the total cost savings the MBTA is considering to update all of their rail fleets to these more fuel efficient cars. The MBTA was able to purchase these new locomotives when the recession reduced the need for Utah’s rail fleet.

“We wanted to have extra locomotives available as our system grew and as we increased our frequency,” said Mudge. “But we were really planning for long range — a 2030 time frame.”

The new train purchases are part of a larger procurement plan by the MBTA. Back in July of 2010, the Massachusetts Department of Transportation board of directors approved a near $115 million contract with Idaho-based Motive Power to supply 20 new diesel-electric locomotives. These 20 locomotives are not expected to be in service until 2013.

The MBTA is currently operating under a contract with the Massachusetts Bay Commuter Railroad Co. The current contract includes their fleet of more than 400 coaches and 80 locomotives that carry about almost 150,000 passengers roundtrip every weekday.

“Some of this equipment that was originally built in ’79 is getting fairly expensive to maintain,” Mudge said, “and we’re facing obsolescence on a lot of the components we need on a day-to-day basis.”

Aside from the technology efficiencies, these newly purchased locomotives come equipped with improved safety features. These features meet the American Public Transportation Association’s crashworthiness standards,

They also include conventional strength-based requirements for equipment used at less than 125 mph, dynamic sled testing of occupant seats and crash-energy management for equipment used above 125 mph.

Because of previous accidents, MBTA’s director of vehicle engineering says they’ve pushed to employ crashworthiness techniques and crumple zones to ensure crew and rider safety in the event of an accident.
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June 2, 2011

Recent Tornadoes in Massachusetts Spark Flood Warnings

by Jeffrey S. Glassman

Massachusetts saw at least two tornadoes this week — the first tornado experience since 2008, according to CNN. Wednesday our state was hit with chaotic weather conditions that took the lives of at least 4 residents. Commonwealth has only reported 55 tornadoes since 1950, according to the National Oceanic and Atmospheric Administration (NOAA).

A pack of wild storms rolled through the Springfield area yesterday and caused some serious damage and the aftermath poses some real threats of storm damage and injuries in Massachusetts.

Our Boston personal injury attorneys urge residents to be extra careful before, during and after these storm conditions. Some of the most serious risks for injury occur after storms have hit the area. Residents are urged to be alert for fallen power poles, loose debris in the area and flooding that could put your car at risk for submersion.

“It was obviously an incredible surprise … we’d been monitoring the weather all day and by early afternoon nobody was overly concerned … but by late afternoon some storm clouds started to appear,” spawning tornadoes that battered several towns, said Peter Judge of the Massachusetts Emergency Management Agency.

Residents of 19 small communities in Massachusetts that were hit by the tornadoes are left to deal with the catastrophic damage. These two late-afternoon tornadoes shocked residents and emergency officials. Our area is more accustomed to dealing with snow and bone-chilling cold weather than these funnel clouds and tornadoes.

“I can see the plywood of roofs, and see houses where most of the house is gone,” said Marrone, pastor of The First Church of Monson. “The road that runs up in front of my house … There’s so many trees down, it’s completely impassable.”

To make matters worse, the National Weather Service in Taunton, Massachusetts has issued a flood advisory for several counties in the Bay State because of the storms throughout the state, according to the Nashua Telegraph. It is estimated that these storms could produce up to two inches of rain an hour, which could cause flooding in urban areas.

The National Weather Service in Taunton has issued a flood precautionary and preparedness advisory: “Do not drive you vehicle into areas where the water covers the roadway. The water depth may be too great to allow your car to cross safely. Move to higher ground.”

It is important to avoid flood water. If you cannot see the road, it is critical for you to steer clear of that area. Water depths may be unpredictable and could take control of your vehicle. It is also important to remember that all vehicles are vulnerable to submersion, even SUV and trucks.

Safety Issues offers these tips to help residents that get caught up in the dangerous flood water and find themselves in a submerging car:

-Remain calm. It is important to thinking clearly and effectively to escape the vehicle.

-Open a window. You may want to keep your seat belt fastened at this time so that you are able to strike the window with more force if you have to break it open.

-Unfasten your seat belt and prepare to exit.

-If your car is sinking, you are urged to let the some of the water into the cab so that you can stabilize the pressure and open the door more easily.

-Once you’re out, swim with the currently to safety.
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May 27, 2011

New Program Aims to Assist Baby Boomer in Car Accidents in Boston and Elsewhere

by Jeffrey S. Glassman

Baby Boomers influence a new safety program aimed to help save victims of serious car accidents in Boston and elsewhere in the country, according to USA Today.

The new program, Yellow Dot, will provide a simple and efficient way for emergency responders to collect necessary information from those who have suffered serious injury in a traffic crash. The goal is to get this information within the first 60 minutes following an accident, or the “golden hour”, as this is the time that can mean the difference between life and death for those suffering serious injury.

Our Boston personal injury attorneys understand the importance of personal information in the event of an accident and collecting that information from a seriously injured motorist can be difficult. We are proud to be 1 of the 8 that currently participate in the program.

Here’s how the Yellow Dot program works:

-Residents receive a yellow dot sticker to place in their rear window.

-Residents then place a folder in their glove box, with a corresponding yellow dot sticker, containing important information including, a photograph, prescription information, medical conditions, and other necessary information.

-If involved in an accident, emergency responders will know, from the yellow dot sticker on your window, to look in the glove box for information that can help them to assist you quicker and more efficiently.

“It is very nice to see innovative programs to address the unique risks associated with older Americans and car crashes,” says Peter Kissinger, president and CEO of AAA Foundation for Traffic Safety. “Since older individuals tend to have more medical conditions, are on more medications and are generally more fragile, this sounds like a well-justified program, especially in light of the growing number of older Americans.”

The first Yellow Dot program in the U.S. started in Connecticut back in 2002. Since then, 8 states picked up the system including Kansas, Illinois, Iowa, Minnesota, Massachusetts, Virginia, Alabama and New York. Georgia is currently considering the program.

“It’s a promising approach,” says Jonathan Adkins, spokesman for the Governors Highway Safety Association. “Actually, this is one of the goals of automated crash notification systems. Eventually, when there is a crash, these key data such as medication needed will automatically be available to EMTs, etc. The Yellow Dot program may be a system that can be helpful in the meantime.”

This system was created with Baby Boomers in mind as, in 2009, motorists over the age of 65 experienced nearly 5,500 fatalities as a result of car accidents, according to the National Highway Traffic Safety Administration. Another 187,000 motorists of this age group suffered injuries in this same time period. This age group account for nearly 20 percent of all fatal car accidents during the entire year and another 8 percent for the year total for injuries. Baby Boomers experienced nearly 100 fatalities from car accidents in 2009 alone and without this vital information readily available for emergency responders, these statistics could have been much higher.
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May 26, 2011

New Report Ranks Fatal Massachusetts Pedestrian Accidents

by Jeffrey S. Glassman

The 2011 edition of the pedestrian safety report has recently been released by Transportation for America. This newly released data analyzes fatalities from pedestrian accidents in Boston and elsewhere in the United States between 2000 and 2009.

After the release of this data, Dangerous by Design 2011 will examine the problem areas and construct potential solutions to prevent these deadly accidents. Dangerous by Design will be looking at the 47,000 pedestrian fatalities, and 688,000 pedestrian injuries.

Our Boston pedestrian attorneys understand the importance of this report. According to these findings, Massachusetts suffered nearly 1,000 pedestrian fatalities in the study period. These accidents cost our state more than $3 billion. Our state is ranked 42nd, out of the 50 states, on the Pedestrian Danger Index (PDI). Pedestrian fatalities for those over the age of 65 ranks 10th in the nation.

These fatal accidents seriously affected some of Massachusetts’ most densely populated areas:

-Boston/Cambridge/Quincy, 483 pedestrian deaths
-Providence/New Bedford/Fall River, 186 pedestrian deaths
-Springfield, 83 pedestrian deaths
-Worcester, 82 pedestrian deaths
-Barnstable Town, 20 pedestrian deaths
-Pittsfield, 18 pedestrian deaths
That’s the great thing about the newly released data. It comes with state-specific information. It provides the user with an interactive pedestrian map that allows user to zoom in to their own community to see just how many fatal pedestrian accidents have occurred during the study period.

If you look at the interactive map, you’ll notice that a majority of these pedestrian accidents happened along “arterial” roadways across the nation that are not created with pedestrians in mind. These streets are designed to accommodate speedy traffic instead.

Many advocates who support these fast-travel highways protest that pedestrian safety is the sole responsibility of the local government. But, statistics prove otherwise as nearly 70 percent of pedestrian fatalities have occurred along these federal-aid roads over the last 10 years.

This only leads us to believe that federal programs continue to persuade state governments to place their focus of fast-travel roads instead of on the safety of pedestrians in neighborhoods and shopping districts.

Still, Congress continues to contemplate the elimination of such funds altogether.

If you would like to contact Congress and urge them to continue the funding of pedestrian safety projects with your tax dollars, you are urge to submit your zip code to our website to ensure your message to the appropriate recipient.
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May 20, 2011

Motorists Have New Threats for Boston Car Accidents — Texting Pedestrians

by Jeffrey S. Glassman

An oncoming car struck a 22-year-old female pedestrian as she stepped into the road at the corner of Dorchester Avenue and West Broadway as she focused her attention on her text message instead of oncoming traffic, according to Boston.com. To make matters worse, the motorist was paying as little attention as the pedestrian was as the car ran over the young woman’s foot.

Last September, Massachusetts banned texting behind the wheel, but texting pedestrians remains legal. With summer upon us, many pedestrians will be hitting our sidewalks to soak up the beautiful weather and motorists are urged to be on the lookout. Distracted driving may soon be a thing of the past as distracted pedestrians are reportedly colliding with cars, telephone poles, tumbling down stairs, slipping off curb, and colliding with into other pedestrians. Pedestrian accidents in Boston may soon outnumber car accidents.

In all seriousness, our Boston personal injury lawyers understand the popularity of our handheld devices, but we need not forget the importance of alert and cautious travel. We urge pedestrians and motorists to work together to help keep our roadways injury-free during these beautiful months that are rolling in.

According to nationwide research conducted at Ohio State University, pedestrian texting accidents resulted in more than 1,000 visits to the emergency room in 2008. Unfortunately, these statistics were examined when Americans were sending a mere 1 trillion texts. Americans are now sending more than 2 trillion texts. The study expects new numbers to come out next month.

“I’m not sure people realize they are putting themselves at risk,” said Jack Nasar, a professor of city and regional planning at Ohio State.

As many pedestrians take their eyes off the road, motorists need to increase their awareness of their travels. While pedestrians create obstacles by themselves with their focus on their phones, a pedestrian’s biggest threat is a collision with a motor vehicle.

According to the National Highway Traffic Safety Administration, more than 4,000 pedestrians were killed in traffic accidents in 2009. Another 59,000 pedestrians were injured that same year. Pedestrian deaths made up 12 percent of all traffic fatalities and 3 percent of traffic injuries in 2009.

Massachusetts witnessed almost 50 pedestrian traffic fatalities in 2009 alone.

To help preserve the safety of pedestrians, PR Web offers these tips to motorists:
-Always be aware of your surroundings. Check your peripheral vision often as dangers can lurk from all sides.

-Look, and look again, before turning. This is especially important to remember when making a right turn on red. Be sure to check that crosswalks are clear before turning.

-Pay attention to weather and traffic conditions. Be sure to adjust your speed accordingly, especially when it is raining and your visibility is reduced.

-Always activate your turn signal when attempting a maneuver. If there are no vehicles around you, you should put on your blinker so that pedestrians you may not have seen know your next move.
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May 11, 2011

OSHA Looks to Cool Down Work Injuries in Boston and Elsewhere with New Regulations Regarding Heat Outdoor Workers

by Jeffrey S. Glassman

The U.S. Department of Labor’s Occupation Safety and Health Administration will be conducting a national outreach initiative in an attempt to help to educate workers and employers about the hazards of outdoor work. Proper precautionary steps need to be taken by those working outdoors in an effort to reduce the risks of heat-related illnesses and other work injuries in Boston and elsewhere.

“If you’re working outdoors, you’re at risk for heat-related illnesses that can cause serious medical problems and even death,” said Secretary of Labor Hilda L. Solis. “But heat illness can be prevented. This Labor Department campaign will reach across the country with a very simple message – water, rest and shade.”

Our Boston workers’ compensation lawyers understand that working conditions can vary tremendously for outdoor workers. It is recommended that such workers educate themselves about proper measures to protect their health in all working conditions, especially during the hotter months.

May 9, 2011

OSHA Holds Forum to Discuss Combustible Dust and Ways to Prevent Work Injury in Boston and Elsewhere

by Jeffrey S. Glassman

Roughly 150 workers have been killed, and nearly 1,000 injured, in combustible dust explosions since 1980, according to the Occupational Safety and Health Administration (OSHA). In attempt to better understand combustible dust explosions and to find ways to prevent such incidents OSHA invited outside experts to participate in a Combustible Dust Expert Forum later this month. OSHA is looking to gather experts’ views and perspectives on possible regulatory options for addressing the safety issues of combustible dust hazards.

The Combustible Dust Expert Forum will include discussions targeting regulatory options that can help to minimize the costs to small- and medium-sized businesses of reducing or preventing combustible dust hazards. Representatives from various industries, academia, research groups, insurance-underwriter organizations, labor, and government will comprise expert representation at the Forum.

Our Boston workers’ compensation attorneys understand the importance of identifying the cause of these problems in effort to determine safe solutions to help protect workers. All safety measures should be taken by employers and employees to help keep the workplace safe for all.

The National Emphasis Program in 2007 was one of OSHA’s earlier efforts to address various combustible dust hazards. They conducted various targeted inspections that took a look at various workplaces that created or handled combustible dust. Results from these inspections illustrated that facilities had an alarmingly high number of general duty clause violations. These findings indicated a strong need for to create a combustible dust standard. This resulted in the publication of an Advance Notice of Proposed Rulemaking in 2009. With even more efforts, OSHA conducted six stakeholders meetings and a Web chat to discuss combustible dust in attempt to expand the opportunity for public and stakeholder participation.

Combustible materials, and sometimes even materials that are normally considered noncombustible, can burn rapidly when they’re in a finely divided form. If these types of dusts are suspended in air in the right concentration, the result can be an explosion. The force from these explosions can lead to worker deaths, injuries, and even the destruction of entire buildings.

Combustible dusts can include:

-Various fine particles.

-Chips.

-Fibers.

-Chunks or flakes that can potentially cause implosion of fire when suspended in air.

These various forms of combustible dusts can be made of metal, plastic, wood, sugar, flour, coal, rubber or paper. OSHA’s Safety and Health Topics page on combustible dust offers more details information about this dangerous hazard.

The Combustible Dust Expert Forum will be May 13, 2010 at the Department of Labor, 200 Constitution Ave., N.W., Washington, D.C. at 9 p.m.
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May 7, 2011

OSHA Creates New Rule to Help Protect Shipyard Work Injuries in Boston and Elsewhere

by Jeffrey S. Glassman

A new and updated rule, created to protect the safety and health of shipyard workers, has recently been put into effect by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). The rule has recently been published in the Federal Register and takes the place of an existing rule. It is now more compatible with the recent advances in shipyard industry practices and technology. It provides new protections from hazards that previously the rule did not address. It now includes details pertaining to the control of hazardous energy. The new rule is expected to prevent nearly 400 serious work inures in Boston and elsewhere in the United States.

“This final rule is the result of collaboration between OSHA and the maritime industry,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Shipyard work is dangerous, and we believe we have crafted a rule that protects workers while balancing employer concerns regarding implementation.”

Our Boston personal workers’ compensation attorneys know the dangers inherent in working in shipyards. It is the responsibility of the employer to make sure that working conditions meet all safety requirements and regulations in effort to help keep all employees safe on the job.

The final rule will address fourteen workplace safety and health categories. This will update and clarify provisions in current shipyard employment standards that had virtually gone untouched or changed since 1972, when OSHA adopted the initial rule. The new rules include the creating and enforce minimum lighting on certain work sites, assisting employees at the end of their work shifts and at the end of job tasks when working alone. The rule will also add new uniform criteria to be sure that shipyards have an adequate number of properly trained first-aid providers.

OSHA will also be adding new provisions to help control hazardous energy and to increase vehicle safety. Before the establishment of this final rule, the maritime industry had no specific standards that addressed the control of hazardous energy.

According to data from the Labor Department’s Bureau of Labor Statistics’ Census of Fatal Occupational Injuries, transportation accidents make up nearly 20 percent of all shipyard deaths. The new rule’s provisions aim to significantly reduce these incidents as they will now require everyone use of seat belts while operating a motor vehicle in a shipyard.

A full copy of OSHA’s new rule can be found on their web page designated to the updates. Employees and employers are encouraged to familiarize themselves with the new regulations and abide by them on shipyards.
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May 4, 2011

Residents Encouraged to Participate in Picture It! Contest to Help Raise Awareness and Decrease Risks of Work Accidents in Boston and Elsewhere

by Jeffrey S. Glassman

A photography contest, conducted by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), urges residents to capture a creative snapshot of workplace safety and health, according to a U.S. Department of Labor press release. The contest, titled “Picture It!”, aims to strike up awareness of the importance of a safe working environment to help prevent a work accident in Boston and elsewhere in the United States.

Our Boston workers’ compensation lawyers would like too remind employees, and employers, that a safe working environment should be kept and maintained at all times. It is the responsibility of the employer to ensure that employees are safe and protected from danger and injury while on the job. Our lawyers continue to work tirelessly to recognize and fight for the rights of employees who may have been injured on the job.

OSHA is currently celebrating its 40th anniversary, which they will continue to celebrate throughout the entire year. Picture It! is kicking off the celebration and is open to those 18 and older. The contest will be accepting submissions through August 12.

Residents are encouraged to invite their friends and family to participate in the fun and creative event. You can download the contest flyer from the OSHA website to help share the details.

Photographers are asked to share their visions of workplace safety and health, and they may do so in any way they choose. Photos must be taken in the United States. Prizes will be awarded to the first, second and third place winners. Photographers are asked to use their artistic skills to successfully portray occupational safety and health in such a way that would help to raise interest in the general public.

Submissions will be judged by accomplished photography professionals. They will be judged on the quality of the photograph, their compatibility with OSHA publications, clarity of the conveyed message, creativity and originality. Photos must include workers, employers or workplace imagery.

Photographs submitted by the judged winners and finalists will be posted on the OSHA photo contest web site. First-place will receive a framed letter of congratulations from Secretary of Labor Hilda L. Solis. The three winning photos will be displayed in OSHA’s national office in Washington. The organization hopes that the participation and display of these winning photos will serve as a daily reminder for leading policymakers and prominent professionals of the purpose and drive behind OSHA’s mission.

OSHA contractors and special government employees are encouraged to participate as well. On-site consultation employees and federal OSHA, “state plan” state OSHA employees are not eligible. They will be asked to participate in a separate and internal contest that will be running during the same time as the public contest.

A complete list of contest rules and regulations and instructions on how to submit your photo can be found on OSHA’s website.
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May 1, 2011

New Technology Aims to Decrease the Risk of Pedestrian Accidents in Boston and Elsewhere

by Jeffrey S. Glassman

A new technology, already used to decrease the risk of motor-vehicle accidents, could soon be used to help reduce the risks of pedestrian accidents in Boston and elsewhere in the United States, according to the Insurance Institute of Highway Safety (IIHS). The crash prevention technology will have the potential to prevent cars from hitting pedestrians. Now, your car will be able to spot a pedestrian in its path and automatically brake if the driver fails to do so.

Our Boston personal injury lawyers note that researches have found the most common pedestrian-vehicle accidents occur when a person is crossing a road and a vehicle is traveling straight. The most surprising aspect of these crashes is that, in most cases, there is no braking reported. These crashes occur mostly during the day, but the most fatal ones occur during the nighttime hours.

Massachusetts alone endured nearly 50 of these pedestrian fatalities in 2009.

The National Highway Traffic Safety Association reports that there were more than 4,000 pedestrian fatalities resulting from traffic accidents in 2009. While this number is a 7 percent decrease from the year before, it is important that everyone do their part to avoid a pedestrian accident this summer.

In 2011, the forward collision warning system was offered on 19 new vehicle makes. Other crash avoidance technologies currently offered in new vehicle are the lane departure warning system, adaptive headlights and side view assist. The IIHS estimates that more than 1 million accidents, including nearly 800 fatal accidents, could be prevented or mitigated if every vehicle was equipped with this new forward collision warning technology. The Institute is reporting that pedestrian detection systems could help to prevent another 39,000 accidents — and nearly 3,300 fatalities.

“The most difficult part is actually to make sure that the car does not brake when it’s not supposed to,” says Thomas Broberg, senior technical adviser for safety at Volvo.
“You would never accept a car that brakes every time you pass a mailbox.” The technology is still in developmental phases.
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