Boston Personal Injury Attorney Blog

December 27, 2010

Don’t drive and text this holiday season

Texting on your cell phone while driving is a common danger we face today and can heighten the risk involved with Boston truck or car accident on a daily basis.

The National Highway Traffic Safety Administration reports that for 2009 almost 5,500 people were killed because they were involved in a distracted driving crash. It is reported that 18% of the fatalities involved a cell phone.

Texting While Driving sites several studies illustrating how dangerous texting and driving can be. One study was simply to stop your vehicle while traveling at 35 mph. When the driver was intoxicated it took them 4 feet longer to stop than the sober driver. The texting driver needed 25 feet to stop the vehicle. Some studies indicate that texting drivers travel out of their lane 10% of the time. Others say while texting your eyes are off the road for as much as 5 seconds at a time. Statistics show that drivers who text increase the chances of getting into an accident to twice that of an intoxicated driver. An intoxicated driver has a 4 times greater chance of crashing than a sober driver.

The Insurance Institute for Highway Safety reports that 30 states have banned text messaging for all drivers. In 8 states additional bans have been place on texting regarding novice or bus drivers. Massachusetts doesn’t have a handheld ban for all drivers but does ban cell use for drivers under 18 and bus drivers. The state also enforces the no texting law as a primary violation, something that just went into effect this fall.

Last month Automotive Industry Today reported the rule announcement from The Federal Motor Carrier Safety Administration (FMCSA) banning bus and truck drivers from texting. Commercial motor vehicle drivers that operate within interstate commerce are affected by the rule. A hefty fine of $2,750 can be placed on the driver and a bigger fine of $11,000 placed on the carrier. Research done by FMCSA concluded that commercial motor vehicle drivers have a 23% chance of crashing or being in a near crash if texting. A loophole was also closed that involved intrastate hazardous waste haulers who don’t have to follow The Federal Motor Carrier Safety Administration (FMCSA) rules where an additional 12,000 drivers and 1,490 carriers will also be banned from texting.

As a rule, when you are driving in your vehicle you should power off your cell phone and refrain from using it by placing it in the glove compartment or console so there is no temptation to answer when the ring tone comes in.
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December 22, 2010

Holidays a risk time for Boston pedestrian accidents

by Jeffrey S. Glassman

Pedestrians doing their holiday shopping on the city streets of Boston should use extra caution this holiday season. Boston pedestrian accidents are a concern every day, but especially this time of year when the numbers of cars and people increases with holiday shopping.

Boston Public Health Commission reports that on any given day, there are over 2 million residents, workers and visitor pedestrians in Boston. This equates to a tremendous amount of foot traffic.

The BPHC discovered a few interesting facts:

-Pedestrians jaywalk 1/3 of the time.

-88% of the time pedestrians don’t wait for the ‘walk’ signal.

-Only 5% of drivers don’t yield to pedestrians when they have the right of way.

-When pedestrians cross against a light only 50% of the time drivers will yield to them. Few drivers slow down for jaywalkers.

The 2009 National Highway Traffic Safety Administration report confirms that Massachusetts pedestrian fatalities were significantly lower in 2009 at 48 than the previous 4 years where the recorded fatalities ranged between 61-76.

What may have caused this decrease? In 2008, Pedestrian fatalities matched a 5 year high of 76. As a result, Massachusetts police needed to beef up patrols to enforce pedestrian (and bicycle) traffic laws. They needed money in order to do this so a grant was applied for and awarded. Almost $100,000 in grants were given to police departments throughout Massachusetts.

This money allows for overtime to be paid to extra officers to enforce pedestrian (and bicycle) safety. This money is adding more police presence to the streets to issue tickets to violators and to educate the public. The effort has worked, only two counties had an increase in pedestrian fatalities in 2009.

Some helpful tips to be safer when walking busy city streets:

-Check in all directions multiple times before crossing, and keep checking until you are safely across.

-Pay attention, don’t be on a cell phone and take the earphones off.

-Always obey the traffic signs and signals.

-When waiting to cross don’t stand behind parked cars or other stationary objects.

-Make eye contact with the driver; never assume a vehicle will stop.

-When possible use crosswalks and intersections to cross the street.
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December 20, 2010

Black ice a contributing cause to Boston car accidents

by Jeffrey S. Glassman

Winter can be one of the most challenging times of the year for Boston drivers to be on the road. As the cold weather approaches so does the dangers of winter driving. Black ice is a common danger of winter driving but its difficulty to detect increases the risk for a Boston car crash as the temperatures begin to drop during the winter months.

Driving on black ice is dangerous because it’s so difficult to see. It is a thin coating of ice on a road surface. Black ice is transparent so the surface below the ice shows through. If you notice the road surface you are driving on looks dull or is darker than the rest of the road use extra caution. These are two warning signs that can indicate you are on a black ice area. Those involved in a winter-driving accident in Massachusetts can contact a Boston injury attorney to discuss their rights.

Drivers should use extra caution when the temperature drops below 40 degrees. Water takes longer to freeze than the actual surface. Road areas where underpasses or bridges exist don’t get much sun during the day so the surface tends to freeze first. If you feel like you are driving where black ice is a possibility then slow down. Don’t tailgate the vehicle in front of you in order to give yourself ample time to stop. Make sure your windshield is clean by defrosting it thoroughly before putting your vehicle in motion. Good tire traction is the best defense when driving on ice. Although four-wheel drive vehicles are known for being a little better in snow these vehicles do not keep you from sliding on ice. Remember, it is your responsibility as a driver to drive at a speed safest to you and other drivers under the current weather conditions.

How to stay in control if you encounter black ice :

-Don’t brake fast if you need to slow down. Remove your foot slowly from the accelerator instead.

-Steer in the direction you want to go if your vehicle is sliding.

-No swift or jerky movements when steering.

-Never pump anti-lock brakes, keep your foot on the pedal. The anti-lock system will keep the brakes from locking up and slow you down.
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December 19, 2010

Speeding a leading cause of Boston car accidents this holiday season

by Jeffrey S. Glassman

Like most states, speeding is a common denominator for Boston car accidents and traffic accidents elsewhere in Massachusetts. Speed limits are established for the safety of drivers but the warning signs posting the speed are often ignored. Drivers need to accept the responsibilities of following the law and the speed limit signs that are posted on the state’s highways and byways this holiday season.

In 2009, the National Highway Traffic Safety Administration reported a total of 9,478 fatal crashes as a result of speeding. Massachusetts was responsible for 68 of the fatal crashes where speeding was involved. In the United States, one third of traffic fatalities in 2009 were a result of a speed-related crash. Massachusetts had a total of 76 of those fatalities.

According the NHTSA, Suffolk County had a total of 4 fatalities for crashes involving speed in 2009. This was a new low over the last 5 years and substantially lower than the 12 fatalities reported in 2007. Of course, heavy traffic plays a role. And the issue is chronically under-reported when factors like speed too fast for traffic conditions, tailgating and other related causes are taken into account.

Suffolk County has had a significant decrease over the last 5 years in fatalities per 100,000 people killed in speed related crashes. In 2005 there were 1.83 fatalities per 100,000 people where as in 2009 there were only .53 speed related fatalities per 100,000 people. In fact, Suffolk County had the lowest fatality rate per 100,000 people in 2009, with the exception of Franklin and Nantucket counties where no fatalities were recorded for that year.

Speeding is detrimental to driving for a couple of reasons. Speeding makes it difficult to control your vehicle around sharp corners or S curves. It is also much more difficult to stop your vehicle quickly. The higher the velocity of speed, the farther you travel when slamming on the brakes to avoid something in the road like an animal, another vehicle, or worse yet a pedestrian.

Speed also exponentially increases the seriousness of a resulting crash.

Safe driving tips for Massachusetts drivers include:

-Stay within 5-10mph of the cars driving on the roadway with you.

-Refrain from driving in the fast lane when you have the chance to move over into the next lane.

-If your vehicle has cruise control, set it to a speed that is appropriate with the traffic flow.

-If you tend to drive at a pace slower the speed limit, stay in the far right lane.

-Don’t swiftly change lanes or cutting off other drivers to get out of the way Continue reading

December 14, 2010

Boston elevator and escalator accidents a holiday danger

by Jeffrey S. Glassman

As we enter the final holiday season shopping rush, customers and employees are at increased risk of Boston elevator accidents or escalator accidents. Poor maintenance, large crowds, aging equipment, wet or slippery flooring and injuries caused by other passengers are the leading causes of such accidents.

Children and the elderly are most at risk. As we reported earlier this year on our Boston Personal Injury Attorney Blog, accidents on MBTA property may also cause such injury. In July, a child was seriously injured after getting his shoe caught in an escalator at an MBTA station while visiting Boston with family.

Each year, the Consumer Products Safety Commission and the Bureau of Labor Statistics estimates that 30 people are killed and 17,000 are seriously injured in elevator and escalator accidents.

The Consumer Product Safety Commission offers the following safety tips:

-Secure loose clothing. Shoe laces, drawstrings, scarves and mittens may be trapped in escalators.

-Hold a child’s hand and do not permit children to sit on steps and play on walls or railings.

-Do not bring carts or strollers onto escalators.

-Always face forward and utilize hand rails.

-Avoid the edges, where entrapment most frequently occurs.

-Know where the shutoff is located in case of emergency.

Industry safety standards require a number of safety features, including:

-An emergency shutoff located at the top and bottom.

-Sidewalls made of low-friction material.

-Use of skirt obstruction devices, which shut off the system if foreign objects are present.

-Clearance of no more than 3/16ths of an inch at the edges.

-Warning signs regarding the danger to children.

-Brightly colored foot prints or borders on each step.
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December 11, 2010

Premise liability injuries in Massachusetts a danger at malls, retailers this holiday season

by Jeffrey S. Glassman

Shoppers are at increased risk of Boston premise liability accidents as the holiday shopping season enters full swing and winter weather descends on the East Coast.

We reported last month on our Boston Personal Injury Attorney Blog that the government had warned retailers about the risk posed to employees by intentionally advertising heavy discounts meant to draw large crowds for Black Friday.

As the Boston Globe reports, the holiday shopping season has gotten off to a fast start and is responsible for upwards of half of retailer profits. As such, retailers will look to keep the momentum going right through the holidays, and will no-doubt hold closeout sales right through the first of the year.

Business and property owners must put at least as much emphasis on the safety of employees and guests as they do on reaping holiday profits. When a negligent condition leads to a serious or fatal accident on business property, a Boston personal injury lawyer or wrongful death attorney should always be consulted to help protect the physical and financial well-being of you and your family.

Massachusetts premise liability claims may include:

–Slip and fall accidents

-Wet floors
-Dark parking lots
-Broken or uneven sidewalks or walking surfaces
-Loose handrails or fault stairwells
-Merchandise or shelving fixtures falling from height
-Elevator or escalator accidents
-Assault on business property
–Negligent security

-Parking lot accidents Continue reading

December 10, 2010

Watch for signs of Boston nursing home neglect or abuse during holiday visits

by Jeffrey S. Glassman

Many of us will visit relatives in nursing homes this holiday season. In fact, area homes will see more visitors during the next three weeks than at any other time of the year. Our Massachusetts nursing home abuse lawyers encourage you to pay attention when visiting a home and to share any concerns you may have with the authorities or with an experienced attorney.

For others, a long visit over the holidays will make clear the looming need to provide a loved one with living assistance or nursing home care.

The fact is the majority of the state’s homes are part of large chain- corporations operating for-profit nursing facilities. Mass Resources reports the average cost of nursing home care in Massachusetts is $75,000 a year.

What kind of care should you receive for more than $200 a day? Unfortunately, the answer is better care than is often provided in the more than 400 nursing homes in Massachusetts. Tragically, residents are sometimes afraid to report neglect or abuse. In other cases, they do not want to trouble family or loved ones by sharing such concerns.

The Massachusetts Department of Health and Human Services offers a number of resources:

–Nursing Home Reports are available here.

–Guide to Nursing Home Care.

–Massachusetts Nursing Home Regulations are available here.

–Massachusetts Nursing Home Guidelines are available here.

Signs of nursing home neglect or abuse in Boston:

-Unexplained bruises, broken bones or other injuries
-Bed sores, sepsis or other related medical conditions
-Unsanitary conditions
-Reluctance by staff to permit unsupervised visits
-Disrepair
-Frequent staff turnover
-Unexplained changes in loved one’s behavior
-Unexplained financial transactions
-Overmedicated state
-Malnutrition or dehydration Continue reading

December 9, 2010

Elderly drivers at high risk of Boston car accidents

by Jeffrey S. Glassman

Our Boston personal injury lawyers urge you to speak with older drivers about the importance of safe-driving habits this week during Older Driver Safety Awareness Week. Family and friends can help by staying aware of their loved ones driving skills as they age each year.

As we age our body changes and some of these changes can affect our ability to drive safely. The National Institute on Aging highlights some issues facing older drivers.

-Hearing changes will affect your ability to hear warn sounds like sirens or horns. More importantly, strange sounds from your car indicate a mechanical problem that you need to hear.

-Reaction time in a vehicle is very important. There are times drivers need to think and act fast. As we age reflexes get slower, muscles are weaker and we may not think as fast as we use to.

-Eye diseases like cataracts and glaucoma affect the elder driver’s sight. Having trouble seeing at night can become a problem. Glare from the sun, street lights and headlights will present difficulties. It may become harder to read street signs and seeing people and objects outside your vehicle.

-Weakened muscles and stiffer joints may make turning the steering wheel or braking quickly more difficult. Also you may have a harder time turning your head, lessening your ability to see all that is around you.

As we get older our health changes and medications are needed to keep our bodies functioning properly. Elder drivers should be aware of medication side effects like drowsiness or lightheadedness which can affect your driving ability. This applies to all drivers not just the elderly.

Some states have special requirements when senior drivers renew their license. Some require a road test or a vision check so renewals can’t be done by mail or online.

As we reported in July on our Boston Car Accident Lawyers Blog, the state’s new law banning drivers from text messaging also includes a provision requiring drivers over the age of 75 to have their vision tested and to renew their license in person, rather than online.

Aging affects us all differently so there isn’t a way to determine when everyone should stop driving. But here are some clues that might suggest you put away those car keys for good.

-Are you having fender benders?

-Are you getting lost in previously familiar places?

-Are drivers blowing their horns at you?

-Do you find yourself drifting out of your lane?

-Have you been told by loved ones to stop driving?

-Are you worried about your own driving?

-Do you ever confuse the brake and the gas pedal?

-Do objects and people suddenly appear in front of you?
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December 8, 2010

Injured sanitation workers highlights risk of Massachusetts work accidents involving garbage trucks

by Jeffrey S. Glassman

The Somerset Herald News reports a sanitation worker suffered a Massachusetts work accidents after falling off a garbage truck last week.

The employee reportedly suffered a head injury, although indications are that he would be back at work this week. Our Massachusetts’ workers compensation attorneys urge anyone injured on the job to undergo a through evaluation, particularly when a head injury is involved. Consequences of a head injury may take weeks, or months, to become apparent but can have serious or even fatal health consequences.

Reports indicate heavy rain may have been a factor in the accident, which happened after 5 p.m. at the intersection of New Boston Road and Freelove Street. The paper reports the Fall River Department of Public Waste has had its share of accidents. Two other workers have been seriously injured in the past several years and at least three others have been hurt, primarily from falling off the trucks.

A spokesman noted that neither private nor public waste removal services use helmets or safety tethers to help reduce the risk of falling from trucks. One employee lost both legs after falling from the truck and being pinned by another vehicle.

Eight members of the 71-employee department are currently out on Massachusetts workers’ compensation claims, including three who have been off work for upwards of a year or more.

The Bureau of Labor Statistics ranks trash collection among the Top 10 most dangerous occupations, with injury rates surpassing even those reported by law enforcement.

More modern trucks use side-loaders instead of crews. Only 3 of the city’s 18 trucks are newer side-load models.
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December 6, 2010

Feds highlight injury risks most commonly associated with Boston car accidents

by Jeffrey S. Glassman

Given the nature of our work, the Boston car accident attorneys at Jeffrey Glassman Injury Lawyers frequently post reports about motor vehicle and highway safety tips and trends on our Boston Car Accident Lawyer blog. Our goals is simple: to educate motorists wanting to avoid a Massachusetts car accident.

With this in mind, we share updates made to the National Transportation Safety Board’s “most wanted” list of vehicle and driver safety improvements.

The NTSB has chosen to focus on five key safety issues – seat belt/child restraint use, impaired and distracted driving habits, and motorcycle safety. Their “most wanted” list recognizes both the advances and shortcomings of each state while reminding state legislators to persists in enacting laws that promote safe driving conditions for all motorists. NTSB Chairman Deborah A.P. Hersman notes that state governments are in a “unique position to effect the most significant improvement” regarding transportation safety through legislative and enforcement practices.

The following review of Massachusetts traffic safety directives on these five issues is provided by the NTSB:

~ Child occupant protection: Massachusetts is one of 29 states to have in place a booster seat law requiring all child passengers use a booster seat through age 8.

~ Primary seat belt enforcement: Massachusetts one of 19 states that has no law in place regarding primary seat belt enforcement. NTSB officials recommend that a law be enacted requiring all vehicle occupants wear proper safety restraints, be they conventional lap and lap/shoulder belts or installing car seats and booster seats for use in tandem with safety restraints.

Furthermore, the Board requests that law enforcement be unrestricted in observing and ticketing motorists who fail to buckle up. By enacting “primary” enforcement laws, cops are free to stop (and cite) drivers solely upon visual confirmation that any occupants are unrestrained and non-compliant with the law.

~ Distracted driving: Massachusetts is one of 46 states with a Graduated Drivers License program that meets all NTSB recommendations. As for passenger restrictions, Massachusetts is one of 15 states that have enacted some, but not all, of Board directives. Therefore, currently implemented law fails to meet Board safety standards. (Of note, the NTSB reports that with each additional teenage passenger, so increases the risk a teen driver will crash.)

Regarding the matter of wireless communication restrictions, Massachusetts is one of 26 states to fully restrict (meaning: no cell use for novice, intermediate and “learner” status drivers; no hand-held or hands-free phone use) “interactive wireless communication” while driving.

~ motorcycle safety: Massachusetts has enacted a universal helmet law requiring both driver and passengers helmet-up, so to speak.
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