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A Massachusetts wrongful death lawsuit has been filed by the family of a Boston firefighter, against six companies contracted to inspect the braking systems on fire trucks, the Boston Globe reported.

While a Massachusetts workers’ compensation claim is most commonly filed to collect damages on behalf of an employee and his family following a work accident, a personal injury lawsuit or wrongful death claim may be filed by a Boston injury attorney when it is alleged that the negligence of a third party contributed to the serious or fatal injury of an employee in an on-the-job accident.
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In this case, the firefighter died in January 2009 after Boston Fire Department Ladder 26 suffered a brake failure and careened down Parker Hill Avenue in Mission Hill. The truck crashed through the brick wall of a building on Huntington Avenue. The Globe reports that companies named in the lawsuit include Bay State Auto Spring Manufacturing Co. of Roxbury; Boston Freightliner Inc. of Everett; Broadway Brake Corp. of Somerville; Damian Diesel Inc. of Avon; Suspension Specialists Inc. of Allston; and Woodward’s Auto Spring Shop Inc. of Brockton.

The wrongful death lawsuit alleges gross negligence on the part of the companies, faulty brake work, installation of the wrong parts, failure to recognize mistakes during inspection. The negligence resulted in the truck’s failure to stop, causing the fatal crash, according to the suit.

The lawsuit was filed on behalf of the late firefighter’s daughter and widow and seeks unspecified damages.

On the day of the accident, the truck had been returning from a medical call when the brakes failed. The victim, who was riding in the front seat, used the truck’s horn to warn pedestrians and drivers. All four firefighters in the truck and several people in the building were injured. The victim died of massive head trauma.
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An Abington, Massachusetts car accident that injured a child trick-or-treating has led to reckless child endangerment charges against a Brockton woman, the Patriot Ledger reported.

Our Boston auto accident attorneys and Massachusetts child injury lawyers frequently report on the risk of car accidents faced by young children and teenagers. As we reported recently on our Boston Personal Injury Attorney Blog, Halloween accidents in Massachusetts increase the dangers this time of year.

In this case, the three-year-old girl was injured in the Massachusetts pedestrian accident as she cross Route 123. Police charged her caretaker, a 21-year-old Brockton woman, after alleging that she had taken the 3-year-old and a 2-year-old trick-or-treating at 8:45 p.m. — after the posted hours.

The 3-year-old was struck by a 2008 Kia while attempting to cross Route 123 by herself. The girl was transported to a local hospital and then taken to Children’s Hospital in Boston with serious injuries.

The National Highway Traffic Safety Administration reports that 1,314 children under the age of 14 were killed in traffic accidents last year. More than 190,000 were injured.

Somewhere in America, traffic accidents claim the lives of four children each day and injure nearly 500. One-fifth of those fatal incidents involve pedestrian accidents. Last year, 244 children were killed while walking.
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Our Boston injury attorneys note recent articles in Sports Illustrated and USA Today highlight the risk of head injuries and Massachusetts sports injuries, particularly for high-school athletes.

Massachusetts Personal Injury Attorney Jeffrey S. Glassman has a special interest in helping young athletes who have been injured in a sporting accident. The National Youth Sports Safety Foundation was founded after his sister suffered a debilitating back injury that ended a promising tennis career after she was placed on an inappropriate weight-training program.
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Sports Illustrated reports that smaller hits than previously thought may lead to concussions, particularly in contact sports like hockey and football. And the resulting brain damage begins much earlier than previously thought.

Researchers had believed that 80 times the force of gravity was needed to cause concussions — heading a soccer ball produces about 20gs. They were stunned to learn hits of 100gs or more were common in high school football practice. Participants in the study subsequently scored 20 percent lower on memory tests.

And a concussion was not necessary for reduced test scores. Of 11 players examined in one set, three had suffered concussions while the other eight had not. Nevertheless, four of those eight players showed significant declines in visual memory. Moreover, the force of the hits was primarily in the 40g to 80g range, or about half of what was previously though necessary for adverse results.

Traumatic brain injury can range from a concussion to a penetrating head injury suffered in a car accident. Symptoms can take months to surface and the full impact of such injuries may not be known for years, or even decades. Our Massachusetts injury lawyers believe it is imperative for those who suffer a head injury to seek the advice of an experienced law firm. While such injuries may present as little more than a minor annoyance, taking the steps to protect your rights in the event a claim needs to be filed in the future can be a critical step to protecting the rights of you and your family.

The Centers for Disease Control and Prevention reports about 1.7 million people will suffer a brain injury each year. Of those, 1.4 million will be seen in hospital emergency rooms, 275,000 will be hospitalized and 52,000 will die.

The most common causes of TBI are auto accidents, fall and sports-related injuries.
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A disabled man has died in a New Bedford, Massachusetts pedestrian accident after his motorized wheelchair was dragged beneath a van at a busy city intersection Friday afternoon, the Boston Herald reported.

While police and authorities at the scene said they did not believe the man’s injuries were life threatening, his family said he died at the hospital. This case illustrates why our Boston personal injury lawyers and Massachusetts wrongful death attorneys are bothered when we see it reported that someone suffered “minor injuries” as the result of an accident.

As the old adage goes, “minor injuries” are injuries that do not happen to you!

Traumatic brain injuries are just one example: While these injuries are very often life threatening, the initial symptoms can takes weeks or even months to progress into a full-blown emergency. In other cases, the extent of a person’s injuries may not be readily apparent in the immediate aftermath of the accident. In other cases, a pre-existing health condition can exacerbate injuries sustained as the result of an accident. These are just a few of the reasons that we encourage those involved in an accident to contact an attorney, document the incident, and take the steps necessary to protect their rights should a claim need to be filed in the months or weeks to come.

Police report the 54-year-old victim was struck while crossing the intersection of Route 6 and Pleasant Street on Friday afternoon. He died at Boston Medical Center’s trauma center at about 11 p.m.
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A West Roxbury, Massachusetts car accident involving an 87-year-old woman last week is a reminder of the need to monitor the abilities of our older loved ones and speak with them about safe driving as the winter driving season nears.

Our Boston auto accident attorneys have written before about the issues facing older drivers. As we reported earlier this year on our Boston Car Accident Lawyer Blog, the state’s new distracted driving law also requires drivers over the age of 75 to undergo vision testing and to renew their driver’s license in person, rather than online.
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In this case, the woman rammed her car through a guardrail in a parking lot and landed in a creek near the Charles River in West Roxbury. She was taken to Faulkner Hospital with back pain. The crash happened at the Toyota dealership on VFW parkway and witnesses say the car was traveling at 45 mph when is truck the guardrail. A spokesman for the dealership said the victim’s car was struck by a black sedan in the moments before the crash.

She raced off, sideswiping several used cars in the lot before crashing through a guardrail, down an embankment and into a creek.

In September, we reported about older drivers and Boston car accidents That blog took a look at a report that found that drivers over the age of 75 were twice as likely to say they would drive after the age of 90 than those drivers who more recently hit retirement age. Meanwhile, government statistics have found that those over the age of 75 were more likely to be involved in a fatal accident than drivers in any other age group.

The National Highway Traffic Safety Administration provides tips for speaking with older drivers about driving safety. It also reports that older drivers account for nearly one-sixth of all traffic fatalities and one-fifth of pedestrian fatalities. Most accidents involving older drivers occur during the day (80 percent) and on weekdays (72 percent).
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Recent strong winds have led to several near misses in the Boston-area after gusts caused limbs to snap and trees to be felled across sidewalks, patios, apartment porches — even crushing a couple cars parked street side, the Boston Channel reports.

Two women were transported to the hospital with non life-threatening injuries after a massive tree limb cracked and fell across a Kemp Street sidewalk. Property damage was more significant. Falling limbs crushed patio furniture and a deck structure and caused roof and other damage to a home and a couple cars.

Boston premises liability attorneys know that mother nature may have her own plans, but homeowners, property managers and landlords have an obligation to protect tenants and guests from hazards such as tree limbs. The scattering of tree-limb crack-offs around Boston is reminiscent of a rash of similar accidents in Central Park since 2009 that claimed the life of at least two, the New York Times reports.

In late July, 2009, a 33-year old man was seriously injured in Central Park when a rotting limb gave way and crushed him. In February, 2010, a second incident claimed the life of a 46-year-old man after a snow-covered branch fell on him. In June, a six-month-old infant was killed and her mother was critically injured by a falling limb from a honey locust tree at the Central Park Zoo. What caused the branch to snap is still unknown and various City agencies are still struggling to assign responsibility. Several personal injury and wrongful death lawsuits have also been filed.

The Union City family of the deceased infant is now planning to file a $50 million lawsuit against New York City, the Wildlife Conservation Society and the Central Park Conservancy, the Jersey Journal reports.

While pruning and regular care and maintenance can certainly diminish the likelihood of such accidents, sometimes branches break off, TIME reports. To reduce both risk and liability, New York City’s 5.2 million trees are maintained by the City Park Department. In Central Park, the Central Park Conservancy regularly prunes and inspects the 25,000 trees on their property.

For the most part, in large urban settings like Boston or New York City millions of trees and millions of people share the same living space with little incident. On occasion, however, failure to properly prune trees or otherwise ensure a property is free from hazard, can lead to serious or fatal injury.
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Our Massachusetts car accident lawyers have recently reported on our Boston Car Accident Lawyer blog that parents can reduce the risk of their teen being involved in a traffic crash simply by spending more diverse and instructive time supervising them during the permitting process.

Car accidents kill more teenagers each year than suicide, homicide and cancer. The AAA Foundation reports that in 2008, more than 800,000 drivers aged 15 to 18 were involved in car accidents which claimed the lives of 3,431 vehicle occupants and injured 350,000.

Recently the AAA Foundation undertook a year-long in-depth study of supervised driving and found that student drivers were not getting enough practice driving at night, in bad weather, or in heavy-traffic conditions on city roads, highways or interstates. Nor was there enough dialogue between parent and child regarding defensive driving or navigating safely through unexpected driving situations.

One key element to cultivating good driving skills in your teen is being a good example, AAA Massachusetts reports. To help parents and teens make the most of their shared time behind the wheel, the State of Illinois produced a parent-teen driving guide that provides instructive tips for a few common and more complex driving skills teen need to master. They include:

BACKING UP:

~ Before putting the vehicle in reverse, check all around the vehicle for pedestrians, other cars or objects (like mailboxes). Physically turn your body, don’t just rely upon side- and rear-view mirrors.

~ Backing up is a “walking speed” activity. It’s easy to get disoriented with the mechanics of moving in reverse, so you want to tackle the process at a low rate of speed. Keep your foot lightly hovering over the brake pedal and remember that tiny steering corrections can have a big impact in the direction of your vehicle. Turn the wheel gently, slowly and thoughtfully.

ESTABLISHING RIGHT OF WAY:

~ Working emergency vehicle ALWAYS have the right-of-way in any traffic situation and most states have some form of “move over” law on the books that requires drivers to slow down and change lanes when approaching an emergency vehicle or if one is coming up from behind.

~ If another driver isn’t obeying right-of-way “chain of command” – don’t resist or obstruct them. Let them proceed to avoid and accident or prevent a road-rage incident.

~ When making a left turn, oncoming traffic has the right-of-way. Just because you have a green light, does not mean it is safe to proceed. Before you move, check traffic and road conditions to make sure you have a clear path where you are heading and a safe entry zone.
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The ghosts and goblins could be the least of your worries this Halloween: It is your risk of a Massachusetts car accident, pedestrian accident or accident on someone’s property that could be your biggest concern.

The National Highway Traffic Safety Administration reports that 500 people a year on average are killed in traffic accidents during the week of Halloween, making it among the deadliest weeks on the road. And, while night is always a dangerous time for driving, Halloween night consistently ranks among the nation’s deadliest.
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About half of all fatal accidents involve a drunk driver. Consequently, law enforcement nationwide will be participating in an “Over the Limit. Under Arrest” campaign from Oct. 25-31.

If those were your only risks, that would be bad enough. However, the American Academy of Orthopedic Surgeons reports that Halloween is among the busiest holidays for hospital emergency rooms, with children ages 10 to 14 being the most frequent victims. Boston slip and fall accidents and dog bite injuries in Massachusetts are just a few of the other dangers of Halloween.

The town of Yarmouth offers the following safety tips:

-Wear bright, reflective costumes. Wear shoes that fit and make sure costumes fit properly and do not present a tripping or fire hazard.

-Consider adding reflective tape to your clothing to make yourself more visible.

-Secure emergency identification on children.

-Use safe makeup and make sure masks do not block eyesight.

-Use flame resistant costumes.

-Think twice before using knives or swords and make sure such props are soft and flexible.

-Use flashlights.

-Use lightsticks or other nonflammables in and around costumes.

-Teach children their home phone number and how to call 911.

-Review stop-drop-roll with children should their clothing catch on fire.

-Take the time to eliminate tripping hazards on your walkway and property.
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A Massachusetts work accident injured two men who fell three stories after scaffolding collpsed in Lynn, the Boston Globe reported.

Our Massachusetts workers’ compensation lawyers are frequently called to represent employees who have been injured in work accidents caused by falls. Falls from ladders, falls involving scaffolding and slip and fall accidents at work are among the most common caused of Massachusetts work accidents.

The U.S. Bureau of Labor Statistics reports that 617 employees were killed in work accidents resulting from falls in 2009, accounting for about 1 in 7 fatal work accidents. Massachusetts work accidents involving falls killed 11 employees last year.

Total number of fatal Massachusetts work accidents: 59
Transportation Accidents: 20
Assault or violence: 9
Contact with equipment: 12
Falls: 11
Harmful exposure: 7
In this case, the Lynn, Massachusetts scaffolding accident happened shortly before 10 a.m. Monday on Blossom Street, where fire officials report several employees appeared to be working on gutters. The employees fell three stories and were transported to Massachusetts General Hospital.

The cause of the accident is under investigation.
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The USA Today is reporting that the government has devised a simple blood test that could diagnose cases of mild traumatic brain injury, including concussions.

Traumatic brain injuries affect more than a million victims a year and commonly result from slip and fall accidents, sporting accidents and car accidents in Massachusetts. Left undiagnosed, or untreated, life-threatening health complications can develop.
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The test was developed for the army for use with veterans of the War on Terror; the breakthrough could assist with everything from car accident victims to shaken baby syndrome. The National Brain Injury Association reports that about 1.4 million Americans will suffer a brain injury this year.

The Centers for Disease Control and Prevention reports that more than 275,000 people will be hospitalized each year and more than 50,000 will die. The most common causes of TBI are falls (35.2 percent), traffic accidents (17.3 percent), struck by/against object (16.5 percent) and assault (10 percent).

About 70 percent of the nation’s brain injury cases are categorized as mild. Such cases frequently go undiagnosed and those who suffer often report symptoms that last more than a year.

Symptoms of mild TBI, including concussions:

-Fatigue -Headaches -Visual problems -Loss of memory -Poor concentration/attention -Sleep problems -Balance problems -Emotional distress -Depression -Seizures -Nausea -Change in senses/loss of smell -Mood changes -Confusion Continue reading

Contact Information
Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
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Quincy, MA 02171
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Worcester, MA 01609
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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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