Boston Personal Injury Attorney Blog

September 5, 2010

Appropriate insurance coverage for college students critical in even of a Massachusetts personal injury claim

Colleges and universities have a responsibility to keep campuses and dormitories safe for students, staff and visitors, but families also have a responsibility to protect their college-bound kids from personal liability as well.

With the Labor Day holiday over, students all over Massachusetts are packing up their cars and heading to school. According to a recent article in the Herald News, now is a good time for families to review their homeowner and auto insurance policies to make sure the kids, their stuff and their cars, are appropriately covered.

Our Boston personal injury attorneys realize that students and their families unknowingly can leave themselves at risk for personal injury liability. Unsafe dorm room conditions, a car accident, even engagement in “non-business pursuits” – like a pickup game of Frisbee-golf on the campus green space – all can leave families vulnerable to claims for property damage, even negligence, if insurance coverage doesn’t match an away-from-home student’s needs.

With that said, restrictions, standard limits and special requirements associated with individual homeowner insurance policies geared toward families with students away at school can fail to meet coverage needs. For students who have a higher-dollar property value associated with their dorm room or college apartment, investigating additional renter’s insurance can close their exposure gap.

Boston personal injury attorneys at Jeffrey Glassman Injury Lawyers, LLC, have more than 18 years experience handling personal injury and auto accident claims. Our team understands how difficult it can be to deal with the physical, emotional and financial devastation that often accompanies being injured in a Massachusetts car accident or injury incident caused by someone else’s negligence.
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September 2, 2010

Pet owners use caution to prevent Massachusetts car accidents caused by distracted driving

by Jeffrey S. Glassman

Riding with a pet in the car is just another distraction that can lead to a serious or fatal Massachusetts car accident, according to a recent report in the Chicago Tribune.

Studies suggest it is an increasing danger as dog ownership — and particularly the popularity of small lap dogs — continues to increase. The Humane Society of the United States reports that dogs are now in about 40 percent of all U.S. homes.

While the government has waged all-out war on text messaging and cell phone use by drivers, the distraction of a dog in the vehicle can be just as dangerous. A recent AAA survey found that two-thirds of dog owners frequently pet their dogs while driving — some even feed or water their pooch while driving down the road.

“As about 40 percent of Americans own dogs, we see this as an increasingly big problem,” said Beth Mosher, spokeswoman for AAA.

An 80-pound dog exerts more than a ton of force (2,400 pounds) in the event of an accident. And an unrestrained dog is frequently killed in a traffic collision. Just this week, the Taunton Daily Gazette reported on the case of a woman who was critically injured in a car accident. Her Pomeranian named Molly did not survive.

Another significant issue is the fact that dogs can become extremely territorial inside a wrecked vehicle, making it difficult or impossible for emergency crews to render aide. Officers on the scene have had to kill dogs so that rescue workers could tend to injured passengers inside a vehicle.

The recent survey conducted by AAA and Kurgo, a pet-restraint systems manufacturer, found that 55 percent of all pet owners ride with their pets in the vehicle. Twenty-one percent admit to riding with their pets in their lap. Seven percent acknowledge providing their dog with food or water while driving and 5 percent let a dog sit in their lap while behind the wheel.

The National Highway Traffic Safety Administration reports that it takes only two seconds of distraction to cause a serious or fatal car accident.
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August 30, 2010

Boston scooter accident kills emergency room physician

by Jeffrey S. Glassman

A local emergency room physician died Friday in a Boston scooter accident, prompting renewed debate over scooter safety in the city, the Boston Herald reported.

Scooters are too often bought or rented as a fun diversion. And they are frequently seen as harmless toys by riders and motorists alike. In fact, they are as dangerous as motorcycles. And statistics show that riders are 18 times more likely to be killed in a Massachusetts motorcycle accident than as a motorist in a passenger car.

“Motor scooters when ridden in the confines of the law are very safe, but people need to be aware of the conditions around them,” John Paul, a manager of traffic safety for AAA, told the Herald. “People need to drive defensively – which is probably an understatement. You have to be as aware as possible. You have to be as aware as you can be of everything around you, just like you do in any vehicle.”

On Friday, a 50-year-old Brigham and Women’s Hospital emergency room doctor and father of three was struck and killed while riding a Zeco scooter on Beacon Street. The accident remains under investigation and no charges have been filed.

While the little bikes can be handy for zipping through traffic, they can also be deadly in the event of an accident. Still, their popularity has skyrocketed in recent years.

Scooter riders should ride defensively, watch for opening car doors, parked cars and driver’s blind spots. Motorists should remain cautious around the scooters and treat them as you would a pedestrian because they are just as vulnerable.
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August 27, 2010

“Legitimate” hand-held radios still increase risk of MBTA bus and subway accidents in Boston

by Jeffrey S. Glassman

The Massachusetts Bay Transportation Authority has resorted to using bright reflective logos on approve handsets to distinguish between employees using a radio for legitimate work purposes and those violating the T’s ban on cell phone use by drivers, the Boston Herald reported.

Officials hope the move will further reduce the risk of a Boston subway accident or bus accident caused by a distracted driver. With or without the law, a mass transit driver’s obligation is to the safety of passengers. When an accident is caused by speeding, distracted driving or other negligence, serious and fatal injuries frequently result. Such cases usually involve multiple accident victims and should always be handled by an experienced Massachusetts injury lawyer.

Some confusion has reportedly arisen when riders spot bus drivers and subway operators using the black hand-held radios utilized by the transit system. By putting the bright stickers on the radios, they apparently hope to ease the minds of commuters.

The MBTA banned employees from carrying cell phones after a trolley accident in May 2009. The crash was blamed on an operator texting his girlfriend. Since enacting the rule, about a dozen employees have been fired and 10 others have been disciplined.

We question how using “approved” handsets can be safer. Certainly, employees will not be making personal calls on company time. But whether they are personal or business calls, the use of a hand-held device still constitutes a significant driver distraction. I guess accident victims can take heart in the fact that the next crash was caused by an operator using an approved radio as part of his job!

The stickers were put into use after nearly 150 commuter tips of operators violating the cell phone policy; officials contend most of those cases involved workers who were using “legitimate radios.”
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August 24, 2010

New employees should understand their rights in the event of a Massachusetts work accident

by Jeffrey S. Glassman

Employers in Massachusetts added jobs in July for the sixth straight month, outpacing much of the rest of the country, the Boston Globe reported.

Our Massachusetts workers’ compensation lawyers hope the economic recovery continues. Our concern through much of the downturn has been reductions in workforce that can include workplace safety personnel and a general reluctance on the part of employees to report work injuries in Massachusetts or to otherwise do anything that might jeopardize their employment. Laws are in place to protect workers against retaliation for reporting a work accident. Failure to report an accident can result in an inability to collect damages if your injury later becomes serious and involves lost work time or even a disability claim.

Speaking with an experienced work accident lawyer in Boston is always the best course of action to protect your rights and the financial well-being of you and your family.

As the economy recovers, it will be equally important that new workers receive the proper safety training and understand their rights to a safe workplace and to proper compensation in the event of a serious or fatal work accident. Like those clinging to jobs during the recession, new workers may be particularly reluctant to file a work accident claim when an injury arises in the course of their employment.

Again, properly documenting an injury is absolutely critical and laws are in place to prevent an employer from retaliating. Of course, those laws are often only enforceable when an employee asserts his or her rights by contacting an aggressive and experienced law firm.

Massachusetts added 13,000 jobs last month, following the 3,000 jobs the state added in June. The unemployment rate now stands at 9 percent. State employment has increased despite an overall loss in jobs in the nation as a whole during the last two months.

Nationally, jobless claims hit 500,000 last week for the first time since November, according to the U.S. Labor Department.

Massachusetts employment is rising at a rate of 4 percent so far this year, compared to 1 percent nationwide.
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August 23, 2010

Speeding blamed for fatal Massachusetts car accident in Agawam

by Jeffrey S. Glassman

At least four people were injured in an Agawam, Massachusetts car accident on Sunday — authorities say speed was a factor in the crash, according to Massachusetts Live.

Massachusetts State Police report that the two-car accident happened on Suffield Street shortly before 4 p.m. on Sunday.

An 86-year-old Agawam man was seriously injured and taken to Baystate Medical Center in Springfield. The 20-year-old driver of the second car and two passengers were also transported to the hospital with injuries.

The preliminary investigation shows the 20-year-old driver may have been speeding north on Suffield Street when he collided with the other vehicle, according to Agawan police.

The National Highway Traffic Safety Administration reports that speeding is one of the leading causes of traffic accidents. Nationwide, about one-third of all traffic fatalities involve a speeding vehicle. In 2008, speed-related crashes claimed 11,674 lives.

The cost of speed-related crashes is astronomical. In 2000, the cost was estimated at more than $76,000 a day, or about $1,300 a second.

Like many poor driving habits, young drivers are especially susceptible. The government reports that more than one-third of male drivers ages 15 to 24 were speeding at the time of their involvement in a fatal accident.

In 2008, speed-related car accidents in Massachusetts were responsible for 97 of the state’s 363 traffic fatalities.
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August 21, 2010

Massachusetts pedestrian accident involves police cruiser in Chelsea

by Jeffrey S. Glassman

A Massachusetts pedestrian accident has claimed the life of a 56-year-old man after he was struck and killed by a police cruiser in Chelsea, according to the Boston Globe.

The man was struck shortly after 11 p.m. by a police cruiser, which was a sports utility vehicle. The officer had been responding to a call to assist Everett police in a foot chase, according to the Suffolk District Attorney.

The accident is under investigation by Massachusetts State Police and authorities have not said how fast the cruiser was going at the time of the crash.

A Boston injury lawyers or wrongful death attorney can assist a family in investigating the cause of such accidents. Frequently, an independent investigation is a good idea in crashes in which law enforcement personnel are charged with investigating whether a police officer was at-fault in a fatal accident.

The officer, who has not been identified, was treated at Massachusetts General Hospital and released. He has been placed on paid administrative leave pending the outcome of the investigation, which is department policy.

The victim lived in a nearby apartment building. Neighbors say he lived alone and would often take bus rides around the city as a way of getting out of the house. They said he may have just gotten off a bus at the time of the accident.

Nationwide, 4,378 people were killed in pedestrian accidents and more than 69,000 were injured, according to the National Highway Traffic Safety Administration. Pedestrian accidents in Massachusetts claimed 75 lives that year.
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August 20, 2010

Egg recall highlights dangers of food poisoning in Massachusetts; life-threatening illness possible for some patients

by Jeffrey S. Glassman

The size of the nation’s massive egg recall has tripled to 380 million eggs as hundreds of victims have been sickened by salmonella, CNN reports.

Massachusetts food poisoning cases can be very serious, even life threatening. As our Boston injury lawyers have reported, an estimated 325,000 people are hospitalized each year for food poisoning and 5,000 die as a result.

The Centers for Disease Control and Prevention reports that 76 million cases will be reported each year — affecting 1 in every 4 consumers. When a company’s negligence results in the serious injury or death of a consumer, a personal injury or wrongful death suit may result.

In the last three months, nearly 2,000 cases of Salmonella have been reported. The CDC reports that hundreds more have likely become ill from consuming tainted eggs. More cases are expected because the CDC does not yet have reports after July 17 because of the lag in data collection.

The Food and Drug Administration is calling it one of the largest egg recalls in history as Wright County Egg of Galt, Iowa has increased the size of the recall to 380 million eggs.

On July 9, the FDA announced new rules for large-scale egg producers, but by then the outbreak had already started. Like the deadly peanut butter recall several years ago, it is again apparent that the multi-billion dollar federal agencies charged with protecting consumers cannot always be relied upon to do so.

Meanwhile, safety advocates contend that salmonella outbreaks are on the rise across the country. Symptoms generally begin within 12 to 72 hours and include diarrhea, fever and abdominal pain. Vomiting, headache and muscle pain may also occur. Elderly patients, infants and those with compromised immune symptoms are at increased risk of medical complications, which can be life threatening.
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August 17, 2010

Massachusetts negligent security claim could result from bystander death in Boston pub

by Jeffrey S. Glassman

A 23-year-old bystander was reportedly killed in a Boston pub when a piece of bar glass pierced his jugular during a fight between two other patrons, the Boston Globe reported.

The victim was out with friends at the popular Lansdowne Pub near Fenway Park. Just after midnight, a patron allegedly threw a beer mug, which shattered and sent shards of glass flying. A piece of glass pierced the victim’s jugular vein. Bleeding profusely, he was rushed to Brigham and Women’s Hospital, where he died less than 30 minutes later.

Nothing will make things right for this young man and his family. But a Boston injury lawyer should be called to assist with thoroughly reviewing the circumstances of this case. Certainly the man who threw the glass should be held responsible. It’s also possible that a negligent security claim could be filed against the bar.

A thorough investigation will help determine whether the at-fault patron in this case was excessively intoxicated; whether he had caused problems for other patrons previously; or whether the bar’s owner or staff could have taken additional precautions. A negligent security claim permits a victim to collect damages from a business or property owner when an injury could have been prevented by reasonable precautions.

In this case, two of the victim’s friends were also treated for cuts; one was hit in the head so hard he suffered a possible concussion and needed medical staples to close the wound.

The 25-year-old defendant was charged in Roxbury District Court with manslaughter and two counts of assault and battery with a dangerous weapon. He entered pleas of not guilty and was being held on $75,000 cash bail.
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August 16, 2010

Fatal Boston boating accident claims life of Weymouth man

by Jeffrey S. Glassman

Authorities on Sunday morning found the body of a man who was killed in a Massachusetts boating accident on Saturday night in Boston Harbor.

The Boston Globe reports that the 47-year-old Weymouth man tried to swim to Graves Light after a pleasure craft began taking on water at about 7 p.m. Rescuers picked up two other people from the boat.

The victim was found 3 miles east of the 21 foot boat, which was half submerged about 500 yards from Graves Light. He was taken to Station Point Allerton.

Massachusetts State Police are investigating the incident. The U.S. Coast Guard rescued two other boat passengers after receiving a distress call about 6:50 p.m. A cutter, a 25-foot-rescue boat and a helicopter participated in the search for the victim.

As we have reported on our Boston Personal Injury Attorney Blog, authorities are concerned about the high number of boating accidents occurring off the Massachusetts coast this summer.

Through July 4 weekend, 21 people had died in accidents off the coast this year, compared to 10 people during all of last year.

Authorities are urging boaters to wear life vests and practice other safe boating habits through the height of boating season and the upcoming Labor Day weekend.

A Guide to Massachusetts Boating Laws and Responsibilities is available here.
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