Boston Personal Injury Attorney Blog

September 22, 2010

Boston pedestrian accidents illustrate dangers for teens and older adults

A 14-year-old boy was struck after missing his bus early Sept. 16 and a 68-year-old woman was seriously injured after being hit by a female driving a Jeep Wrangler along Upper County Road shortly before 9:30 a.m. on Sept. 21. The Cape Cod Times reports the woman sustained serious injuries and was transported by MedFlight to a Boston-area hospital for treatment.

The Boston Herald reports that the young man was transported to University of Massachusetts Memorial Medical Center for evaluation after being struck by the mirror of a passing car near the intersection of Rt. 12 and Dana Road.

As our Massachusetts pedestrian & bicycle accident lawyers reported in an earlier post to our Boston Personal Injury Attorney blog, nearly 25 percent of all traffic-related fatalities in Massachusetts involved pedestrians. In 2008, out of 363 fatalities involving Massachusetts car accidents, 75 victims were pedestrians. According to the National Highway Traffic Safety Administration, a pedestrian is injured every eight minutes and one is killed every three hours on the nation’s roads.

Other key findings from 2008 NHTSA pedestrian fatality and injury statistics:

~ More than two-thirds of pedestrian-related traffic fatalities involve men.

~ Almost half of all pedestrian fatalities happen on weekends and more pedestrians are killed on a Saturday than any other day of the week.

~ Most pedestrian fatalities involving children aged 16 and younger happen between 3- 7 p.m.

~ Older Americans (65 and over) make up 13 percent of the U.S. population and represent 18 percent of all pedestrian-related traffic fatalities.

~ Children aged 14 and younger make up one-fifth of all traffic fatalities involving pedestrians.

~ More than 60 percent of pedestrian fatalities involving older Americans and 76 percent of pedestrian fatalities involving children aged 14 and under occurred at non-intersections.

~ Nationwide, in 2008, 316 pedestrians killed were children aged 15 and younger, and 15,000 children in the age group were injured during pedestrian-related traffic accidents.
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September 19, 2010

Many ways for children to be injured in Massachusetts car accidents

by Jeffrey S. Glassman

As part of National Child Passenger Safety Week (Sept. 19 to 25), the National Highway Traffic Safety Administration is working with parents to help warn children of the dangers in and around vehicles.

While a primary focus is on car seat safety, there are a number of other ways a child can be seriously injured or killed in a Massachusetts car accident, including backover accidents, kids left in hot vehicles, seat belt entanglement, power window accidents, vehicle rollaways and trunk entrapments.

As we reported on our Boston Personal Injury Attorney Blog, a properly fitted car seat is critical to child safety. But many other types of accidents are easily preventable with some safety training and common sense.

Children and hot vehicles

Even with cool temperatures in the 60s outside, the temperature inside a car can rise 20 degrees in 10 minutes and often exceeds 110 degrees Fahrenheit. Children can quickly become incapacitated and die inside a hot car. Sometimes they are tragically left inside by a parent or caregiver. Other times, they may find their way into a vehicle and be unable to get out.

San Francisco State University reports there have been 43 deaths as a result of children left in hot cars so far in 2010, up sharply from the 33 who died during all of 2009. Almost 500 have died in the last two decades.

-Never leave a child unattended.
-Teach children that vehicles are not a play area.
-Never leave children or infants in an unattended vehicle, even with the windows down.
-Make a habit of looking in the front and back of a vehicle before leaving.

Other tips and information about children left in vehicles is available here.

Backover Accidents

These accidents frequently occur as a car is backing out of a driveway or parking space.

-Teach children not to play around cars.
-Supervise children at all times when around a vehicle.
-Always check the area and walk around your vehicle before backing up.
-Teach children to move away from a vehicle whenever a driver gets in it.

More tips on avoiding backover accidents are available here.
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September 17, 2010

Deadly Massachusetts car accident along I-495 corridor highlights need for road improvement

by Jeffrey S. Glassman

It was just after 9 a.m. Friday morning when a 2006 Toyota Tacoma pickup truck crossed the median just south of Exit 5 on I-495 and struck a 2010 Mercedes-Benz SUV head-on. What caused the pickup to cross the grass divider is under investigation, and the 63-year-old driver died on scene. Both the driver and passenger of the Mercedes-Benz were transported to area hospitals where they remain in serious condition, according to Massachusetts State Police.

The fatal Massachusetts car accident occurred along a strip of I-495 known to be particularly dangerous for travelers. So deadly is this stretch of road that a multi-agency Road Safety Audit led to the approval of a $1.2 million cable-barrier project. The barrier is intended to separate the flow of north and southbound traffic and hopefully trim back the number of serious and fatal car accidents in the area. According to the Enterprise News, MassHighway began installing the 9-mile barrier between mile marker 6 and 15.1 earlier this year and the project is slated for completion in the spring.

In addition to field surveys and observations, the Road Safety Audit reviewed MassHighway crash data from 2004 through 2006 to further identify safety issues along the 19-mile I-495 corridor.

Findings from the Road Safety Audit determined:
~ 511 car accidents were reported.

~ 312 car accidents happened at or near interchange ramps.

~ About one-third of interchange-area car accidents resulted in serious injury or fatality.

~ 199 car accidents along this stretch of the I-495 corridor happened between the interchange areas.

~ Twenty-seven percent of car accidents between interchanges resulted in serious injury or fatality.

~ There were numerous crossover car accidents involving one or more cars crossing the center median into oncoming traffic.
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September 14, 2010

Child Passenger Safety Week: Safety focus lessens danger of Boston car accidents

by Jeffrey S. Glassman

The National Highway Traffic Safety Administration is urging parents of children 8 years of age and younger to check their car seats and booster seats during Child Passenger Safety Week, which runs all next week from Sept. 19 to Sept. 25.

Our Massachusetts personal injury attorneys know the risks young children face in a serious or fatal car accident increase exponentially when they are not properly belted. The nationwide push culminates with National Seat Check Saturday on Sept. 25.

Here you will find a list of Massachusetts child seat inspection stations.

Here you can find information on the four ways to protect a child passenger: Rear-facing safety seat; forward-facing safety seat; booster safety seat; and seat belts.

The federal government reports that car accidents are the leading cause of death for children ages 3 to 14. In 2008, a total of 968 children were killed and 193,000 were seriously injured in car accidents nationwide. Massachusetts car accidents are significantly more dangerous for young children who are not properly fastened into a booster seat or other approved safety seat.

We recently reported on our Boston Personal Injury Attorney Blog that some booster seats fit some vehicles better than others. Having a correct fit for your vehicle can be as important as having a correct fit for your child.

You can visit the Insurance Institute for Highway Safety for a recent list of booster seats and their safety ratings. Of 72 seats tested, the agency gave its top rating to 21 seats for correctly fitting a full range of vehicles. While some seats really are better than others, companies have gotten better about working to ensure their products work safely with the widest possible range of vehicles.

“For the first time top-rated boosters outnumber ones the Institute doesn’t recommend,” says Anne McCartt, Institute senior vice president for research. “Now more than ever manufacturers are paying attention to belt fit, and it’s showing up in our ratings.”
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September 12, 2010

Massachusetts personal injury claim may result from ill-fitting booster seats

by Jeffrey S. Glassman

MSNBC is reporting on the safety of car booster seats after a new ratings list was released by the Insurance Institute for Highway Safety.

Our Boston personal injury lawyers have written before about the need to ensure the safety of the products you are introducing into your home, especially where children are concerned. The Consumer Product Safety Commission issues hundreds of recalls each year involving products marketed for children. In many cases, when a child or an adult is seriously injured or killed by a dangerous product, a Massachusetts defective product claim may be pursued.

Booster seats are a special case because the other half of the equation is the type of vehicle you own. In this case, the report looked at how well the seats mate with vehicles to keep children safe. The IIHS reviewed 72 models and assigned a “Best Bet” rating to the 21 booster seat that correctly fit a full-range of vehicles. Booster seats that don’t properly fit a vehicle’s seat belts can lead to serious injuries in the event of a crash.

“We’ve been rating booster seats for a full three years now and in this latest round we’ve found them to be a lot better than they used to be,” says Anne McCartt, senior vice president for research at the institute, which released the report Wednesday. “There are a lot more good choices for parents now with more boosters on our list of ‘Best Bets.”

Last year, only nine seats received the “Best Bet” rating.

The full-list of safety-rated booster seats is available here.
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September 11, 2010

Claims of Massachusetts elder abuse and neglect climbing statewide as investigative resources fall behind

by Jeffrey S. Glassman

Across the state, there are just 179 case workers specifically assigned to investigating claims of elder abuse or neglect in Massachusetts. They represent 22 regional agencies that cover more than 450 nursing homes in 176 cities. By mid-year 2009 alone, Massachusetts case workers had investigated about 16,000 claims of elder abuse and neglect. But as complaints of abuse have continued to tick upward in recent years, resources to investigate them wear thin, the Herald News reports.

The experienced Boston nursing home neglect and abuse attorneys with Jeffrey Glassman Injury Lawyers understand that few among us are more vulnerable or voiceless than elderly residents of Massachusetts assisted-living or nursing home facilities. And, with about 13.6 percent of the more than 6.5 million Massachusetts residents over age 65, we recognize the decision to place a loved one in nursing home care is one almost all Massachusetts families face at some point in time.

Signs of elder abuse or neglect can be both overt and difficult to spot. But for elder adults in nursing home care, a slip and fall accident is among the most common signs of nursing home neglect. According to the CDC, about 1,800 people living in a nursing home die from falls each year.

While falling is often an indicator of other underlying health issues tied to mobility and cognitive decline, muscle weakness or medication related, between 16-27 percent of falls among residents are caused by environmental factors. Wet floors, improperly maintained equipment and poor lighting are just a few hazards that can contribute to a slip and fall.

And an astounding number of falls occur in nursing homes each year. In fact, the federal government reports that about 200 falls occur each year in the average 100-bed nursing facility. As many as three-quarters of all nursing home residents fall each year — twice the rate of falls within the outlying community.

Nursing homes have an obligation to prevent falls. Fall injuries are the leading cause of accidental death in older adults. Injuries frequently lead to a decline in mobility and quality of life from which some patients never recover.
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September 9, 2010

Authorities continue fight against drunk driving in effort to reduce serious and fatal Massachusetts car accidents

by Jeffrey S. Glassman

With the Labor Day drunk driving crackdown in the rearview for drivers and more than 250 Massachusetts law enforcement agencies statewide, Massachusetts State Police are back to their routine of weekend roaming “saturation” patrols that seek out drunk drivers.

The goal is, of course, to reduce the incidence of drunk driving in Massachusetts, the MetroWest Daily News reports. Since the start of 2010, state police have conducted 62 checkpoints and made 462 drunk driving arrests.

As Boston drunk driving accident attorneys at Jeffrey S. Glassman, LLC, reported in a recent Boston Car Accident Lawer Blog, alcohol played a factor in 151 of the 363 fatal Massachusetts car accidents in 2008. We understand the pain, anger and frustration that often results from a serious or fatal drunk driving accidents in Massachusetts and have a proven track record of aggressively representing drunk driving victims.

This ongoing effort to scrub Massachusetts roadways of drunk and impaired drivers is paired with recent legislation – the Safe Driving Act – which aims to make state roads safer for all travelers. This new law, which goes into effect on Sept. 30, targets distracted texting and chatting teens and requires elderly drivers to undergo a more rigorous relicensing process.

Of course, the public is not without their tools of evasion, particularly regarding the more traditional – stationary – sobriety checkpoints. The Daily News reports that oftentimes bars would alert their patrons and friends would turn to texting and “tweeting” to notify fellow drivers of checkpoint locations. To combat this, law enforcement has added the mobile “saturation” patrols to the mix.
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September 8, 2010

Murdered Boston-area pizza delivery man feared work-related violence

by Jeffrey S. Glassman

During the months leading up to his brutal stabbing death by three assailants, a Hyde Park pizza delivery man shared his fears of being robbed on the job with co-workers, the Boston Herald reports.

An experienced Massachusetts workers’ compensation lawyer or Boston wrongful death attorney should always be contacted when a loved one is injured or killed on the job. For family members reeling from the sudden loss of a loved one, speaking with a veteran personal injury and wrongful death lawyer can at least help you understand your rights.

In many cases, delivery companies have taken steps to protect drivers, including notifying customers of the limited amount of cash a driver carries and even restricting delivery to certain dangerous areas, particularly at night.

For little more than $20, his car and some pizza, the 58-year-old Dominican Republic native and father to twin 20-year-old girls was lured to his death while making a delivery last Thursday. Family members told the paper his daughters are inconsolable. The owner of the pizza shop plans to set up a charitable fund for his family.

About 75 friends and family members gathered at the courthouse for the arraignment of the three suspects, the Boston Herald reported. The composure of the crowd was dignified and tearful. Many held photographs of the slain man. Over and over reporters were told of what a decent, hard-working, loving family man the victim was.

Our hearts go out to his friends and family.

The Massachusetts workers’ compensation lawyers at Jeffrey Glassman Injury Lawyers know that being the victim or the family member of a victim of work-related violence can be a confusing and devastating time. As veteran Boston workers’ compensation attorneys, we will work tireless for the rights of employees and their families who have been injured or killed on the job. Our team is available to meet with you to discuss your legal, medical and financial situation, either at your home, the hospital or at our offices.
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September 7, 2010

MBTA accidents can involve premise liability, negligent security

by Jeffrey S. Glassman

In late August, a passenger on the MBTA Green Line D-line train was reported to have briefly come aboard with a snake around his neck, causing a nine-minute stoppage in service. Less than a week later, a 16-year-old Roxbury teen was arrested after his probation office identified him as the suspect in a stabbing on the MBTA Route 23 bus, the Boston Herald reports.

Boston injury attorneys with Jeffrey Glassman Injury Lawyers, LLC, bring more than 18 years experience in Massachusetts personal injury matters. We understand that providing a safe environment for guests and employees is a primary concern for any business owner. Our team knows that in cases where security is questionably sufficient, a negligent security claim may be filed against a property or business owner when a victim is injured by a third party in a preventable situation.

A fire and an escalator accident were also recently reported on MBTA property, leading to renewed questions about the system’s security.

The alleged suspect in the Route 23 incident was captured in several frames by MBTA cameras. He is accused of stabbing a 47-year-old fellow rider multiple times in the arm, leg and abdomen as the bus left Ruggles Station after the pair exchanged words. After the incident, the victim was transported to Brigham and Women’s Hospital. Meanwhile, authorities turned to the social networking website, Twitter, to enlist the public’s help while searching for the juvenile.
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September 6, 2010

Massachusetts work accident kills teen grounds keeper at local golf course

by Jeffrey S. Glassman

An 18-year-old college student drown while cutting grass at an area golf course over the weekend, the Boston Globe reported.

The Lakeville youth was riding a mower at the Back Nine Club when he apparently drove into a water hazard, according to the Plymouth District Attorney’s Office. He was trapped beneath the mower in about five feet of water.

A Massachusetts workers’ compensation lawyer or Boston wrongful death attorney should always be contacted when a loved one is injured or killed on the job. In this case, a premise liability or defective product claim may be filed depending on the outcome of the investigation.

It took 20 minutes to get him out of the water and he was taken to Morton Hospital and Medical Center in Taunton, where he was pronounced dead. An autopsy will be performed to determine cause of death, which appears to be accidental drowning.

The young man was a three-sport athlete at Apponequet Regional Highs School in Lakeville, as we as a member of the National Honor Society. He had enrolled at the University of Massachusetts Amherst.

The golf course owner said the victim had worked as a grounds crew member for several years, and called the incident “terrible and tragic.”
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