Boston Personal Injury Attorney Blog

July 20, 2010

Aerosmith guitarist injured in Massachusetts motorcycle accident

The Middleboro, Massachusetts motorcycle accident that injured Aerosmith guitarist Joe Perry is a reminder to motorists to watch for bikes through the height of summer riding season and into the fall.

The Boston Herald reported that the Rock and Roll Hall of Famer was rear ended by a 62-year-old retired grandmother of six kids while riding his Italian racing bike. The woman didn’t realize who she had hit until told by officers who responded to the scene.

“Of all the people to hit, it had to be a rock star,” the woman’s daughter-in-law said. The two women had been shopping in Plymouth and were returning home in separate vehicles when the crash happened at Routes 44 and 105.

Perry was not seriously injured and was resting at home, according to the band’s manager, who said she did not know what the rocker was doing in Middleboro. The woman was cited for following too closely. A relative said she bumped the bike with her Chevy Malibu when the guitarist’s Ducati motorcycle stalled in the intersection while she was riding behind him.

Police said he suffered minor scrapes and was taken by ambulance to Morton Hospital in Taunton.

The National Highway Traffic Safety Administration reports a total of 5,290 motorcyclists were killed in 2008 and 96,000 riders were injured. Massachusetts motorcycle accidents killed 41 riders that year.

Statistics show more than half of all motorcycle accidents are the fault of another vehicle on the road. The most common cause of accidents is failure to yield to an oncoming rider while turning or entering the roadway from a parking lot or private drive.

Following too closely, and rear-end collisions, are also among the most common causes of Boston motorcycle accidents.
Continue reading

July 19, 2010

Boston car accident involving Duck Boat latest in a series of crashes involving the tourism industry

by Jeffrey S. Glassman

A Boston car accident injured five people and involved seven vehicles and a duck boat on Friday afternoon, the Boston Herald reported.

It was second duck boat accident in Boston last week. A boat and two cars were involved in an accident near Government Center on Tuesday when three women on their way to a wedding tried to drive around a duck boat.

Friday’s accident occurred shortly after noon on the ramp to Charles Street Circle from Embankment Road westbound, according to the Massachusetts State Police.

Police said seven vehicles were towed from the scene and the injured were transported to area hospitals. A manager of Boston Duck Tours said a piece of radio equipment on the boat dislodged and blocked the brake pedal.

The boat was taken to the Boston State Police barracks for inspection by the commercial vehicle enforcement team. Mechanical error and operator error will both be investigated as possible causes.

This incident is the latest in a recent string of mishaps involving the tourism industry. As we reported on our Boston Personal Injury Attorney Blog, a tour boat ran aground in Boston Harbor over the Fourth of July weekend, resulting in the evacuation of all 174 passengers and crew members on board.
Continue reading

July 17, 2010

Globe employee loses fight for protected status in Massachusetts work injury claim

by Jeffrey S. Glassman

A 30-year veteran of the Boston Globe has lost his fight for protected status as a handicapped employee after a 10-year fight that resulted from a work injury.

The assistant press foreman for the Boston Globe slipped on oil on the printing floor and was seriously injured. The employee had spent 25 years with the Globe.

Beginning as a substitute paper handler, he worked his way through the ranks before being named assistant foreman in 1997. In that position, he was responsible for loading and operating the presses to produce the newspaper; a position that frequently required climbing up and down the enormous machines.

The employee was placed on extended medical leave and was off work for most of the following 18 months as he underwent multiple surgeries on his shoulder and knee. In accordance with company policy, the Globe continued to pay the employee his full salary, and in return the employee submitted his Massachusetts workers’ compensation payments back to the company.

He returned to work in June 2003 with a note from his physician that he was limited to no more than 5 hours of work per day. The employee claims the foreman and an assistance foreman derided him over the limited work hours. But he continued to work part of the reduced schedule for about 6 weeks. However he could not maintain the schedule because of pain and ultimately took another leave due to workplace injury.

A month later, after being examined by a physician for the Globe’s workers’ compensation insurer — who found the employee was too injured to work — he was fired for failing to remit worker’s compensation payments to his employer.

After several knee surgeries, the employee requested a light-duty position with the Globe and was denied. The employee then filed a complaint with the Massachusetts Commission Against Discrimination, which was dismissed for lack of proof.

He then filed a court complaint alleging employment discrimination.

A judge granted a motion by the Globe to deny all claims. The appeals court upheld the dismissal of all charges against the Globe, finding that “reasonable accommodations” of a handicapped person did not apply if an employee was unable to perform the basic job functions required of a position.

This case illustrates the complexity of work injury law in Massachusetts. After almost a decade, this employee is out of work and was unable to seek protected status as a handicapped individual at a job he held for nearly 30 years. Hiring a Massachusetts workers’ compensation lawyer at the earliest stages of a work injury case is the best option to protect your rights and the long-term financial future of you and your family.
Continue reading

July 15, 2010

Understanding the rules can help reduce risk of Boston pedestrian accidents, bicycle accidents

by Jeffrey S. Glassman

The Boston Globe recently addressed confusion regarding right-of-way rights as the Minuteman Bike Trail crosses numerous streets between Cambridge and Bedford.

Stop signs for traffic and painted crosswalks mark just about every crossing on the bike trail. But stop signs are also posted on the trail, essentially turning each crossing into a four-way stop. The Arlington Police Department reports that pedestrians have the right of way, both on the path and in the crosswalks. Bicycles are considered a moving vehicle and should stop at stop signs and wait for traffic to clear before proceedings.

If cyclists want motorists to yield, they should dismount and walk across the crosswalk. By dismounting, cyclist becomes a pedestrian with the right-of-way — this rule applies wherever there is a crosswalk, not just on the bike trail.

Massachusetts bicycle accidents continue to be a real threat. The Boston Globe reported more than 700 cycling accidents occurred in 2008. Nationwide, 716 cyclists were killed and more than 52,000 were injured, according to the National Highway Traffic Safety Administration.

Massachusetts pedestrian accidents killed 75 people in 2008, accounting for about 1 in ever 5 Massachusetts traffic fatalities. Nationwide, 4,378 pedestrians were killed and more than 69,000 were injured.

The bike trail is a wonderful resource for Massachusetts residents. And, as Boston strives to make the city more bike and pedestrian friendly, walking and cycling have become more enjoyable. Understanding the rules, for motorists, cyclists and walkers alike, will help make it more enjoyable and safer for all involved.

You can visit the system’s website for more information on Minuteman Bikeway.
Continue reading

July 13, 2010

Backover car accidents in Massachusetts a danger to pedestrians, children

by Jeffrey S. Glassman

A Hanson, Massachusetts pedestrian accident sent a 55-year-old woman to the hospital over the weekend, the Patriot Ledger reported.

The woman was struck by a small SUV while walking across the entrance to a driveway shortly after 9 a.m. Saturday. She was flown by helicopter to Massachusetts General Hospital, where she was listed in critical condition.

The accident happened as the SUV was backing out of a driveway.

Our Boston injury lawyers have reported on the high number of serious and fatal pedestrian accidents that occur in the Boston area. Massachusetts pedestrian accidents account for one in seven traffic fatalities — 61 of 429 in a recent year. More than motorcycle and bicycle fatalities combined and second only to motor-vehicle fatalities.

Nationwide, 4,378 pedestrians were killed in accidents in 2008, according to the National Highway Traffic Safety Administration and another 69,000 were injured. Somewhere in the nation a pedestrian is killed in an accident every two hours and a pedestrian is injured every eight minutes.

Back-over injuries, such as the injuries sustained in this case, frequently involve young children. The Consumer Union has documented 436 backover accidents in the last decade, primarily involving children under the age of 4.

These accidents occurred outside a child’s home or in a residential driveway and involved 270 fatalities. More than 60 percent of backover accidents involve large vans or SUVs.

Tips for avoiding backover accidents in Massachusetts:

-Walk around a vehicle before moving it.

-Know where kids are and keep them in full view.

-Teach children about the dangers of parked vehicles; never permit them to play around a vehicle.

-Measure the size of the blindspot behind the vehicles you drive. A 5 foot 1 inch driver in a pickup truck can have a rear blind spot of 50 feet.

-Keep in mind that steep inclines and large SUVs, trucks or vans can increase the difficulty of seeing behind a vehicle.
Continue reading

July 11, 2010

Fatal Massachusetts bicycle accident reported on Martha’s Vineyard after cyclist falls beneath semi

by Jeffrey S. Glassman

Authorities are investigating a fatal Massachusetts bicycle accident that involved a semi and claimed the life of a 40-year-old woman on Martha’s Vineyard.

According to the Martha’s Vineyard Gazette, the cyclist died on State Road near Camp Street, just west of Main Street. The crash happened just after 2 p.m. Tuesday and the 18-wheeler had just come off a Steamship Authority ferry.

While Massachusetts State Police are investigating, reports indicate the woman may have fallen off the bike and into the path of the oncoming semi. The woman, who was wearing a helmet, went under the flatbed portion of the semi.

Police report heavy traffic at the time of the crash and an accident reconstruction team traveled to the island as well as a separate truck accident investigation unit.

The woman was riding with a group of nine cyclists at the time, including her husband and two daughters, ages 7 and 10.

Those involved in an accident with a semi in Massachusetts should always consult a Boston injury lawyer experienced in handling cases involving large commercial trucks. Many state and federal regulations govern trucks and truck drivers, which do not apply to accidents involving passenger vehicles. The weight of a truck, its maintenance log, and the logbook of the driver, which details work hours and rest time, should all be thoroughly reviewed to determine whether the trucker was operating in compliance with state and federal regulations.
Continue reading

July 10, 2010

Police hunt hit-and-run suspect after Massachusetts pedestrian accident in Fall River

by Jeffrey S. Glassman

Police are seeking the driver responsible for a hit-and-run Massachusetts pedestrian accident in Fall River, the Herald News reported.

The crash happened Wednesday night when a gray or silver Chrysler Sebring struck a 22-year-old woman near North Main and Malvey streets about 9 p.m. The accident forced the woman on top of the vehicle before she tumbled off the side. The driver did not stop.

A witness said there was damage to the right front of the vehicle and that the windshield was broken. The vehicle possibly has a partial Massachusetts plate number of 649 and appeared to have chrome rims.

The victim was taken to the hospital with a possible head injury.

A Boston injury lawyer should be consulted anytime someone is injured in a hit-and-run accident. In the event that a driver is never located, an experienced accident attorney may be able to help a victim collect from his or her own insurance company.

The most common reasons why a motorist attempts to run after an accident are because a driver was under the influence of alcohol or drugs or because he or she was driving without a license. In such cases, the at-fault driver frequently does not have insurance, or does not carry insurance in sufficient amounts to compensate a victim for injuries sustained in an accident. Consulting an experienced attorney is critical for victims of Massachusetts car accidents involving uninsured or underinsured motorists.

Failure to make a timely claim can prevent a victim from receiving compensation for medical bills, lost wages and other expenses associated with the accident.

Anyone with information about the crash is asked to call Det. Lawrence Ferreira at 508-321-2796.
Continue reading

July 7, 2010

Massachusetts trooper injured after being struck by passing motorist

by Jeffrey S. Glassman

A Massachusetts state trooper suffered a leg injury after being hit by a passing car during a traffic stop, the Boston Globe reported.

As we reported last month on our Boston Personal Injury Attorney Blog, more than half of all law enforcement officers who are killed in the line of duty die as a result of a traffic accident. In fact, traffic accidents are a leading cause of Massachusetts work injuries. Employees, including law enforcement and construction workers, who are injured in a traffic accident while on the job should consult a Massachusetts workers’ compensation lawyer to help protect their rights.

The trooper was treated and released from North Shore Medical Center-Union Hospital in Lynn and is expected to be on injury leave for several days. Shortly after midnight July 4, the trooper had pulled over a driver who had swerved into the breakdown lane of southbound Route 128. A passing silver sedan sideswiped the trooper, who attempted to jump out of the way. The car struck the trooper’s leg and did not stop.

If caught, the driver could face a range of charges, including violation of Massachusetts Move Over Law, which requires motorists to move over and slow down when approaching stopped emergency vehicles or maintenance vehicles with activated flashing lights.

Police are asking anyone with information on the identity of the driver to contact the State Police barracks in Danvers at 978-538-6161.

Our Massachusetts injury lawyers reported last month that a 52-year-old trooper was killed on I-95 when he was struck by a passing vehicle during a car stop. Both drivers in that case have been charged with drunk driving.
Continue reading

July 6, 2010

Boston boating accident grounds ferry on Fourth of July weekend; 174 people evacuated

by Jeffrey S. Glassman

A Boston boating accident involved a tour boat on Saturday and resulted in the evacuation of all 174 passengers and crew members from the ferry, which ran aground in Boston Harbor, NECN reported.

A Boston injury lawyer should always be consulted when someone is injured in a mass transportation accident, whether on a subway, bus or ferry boat or on a tour bus, cruise or other tourist attraction. Companies that provide mass transportation have an obligation to ensure the safety of passengers. A ferry boat that inexplicably runs aground can cause serious or fatal injuries.

The ship ran aground Saturday at 10 a.m., about a mile and a half off the coast of Deer Island. The boat began taking on water and the crew was forced to evacuate everyone on board.

The 168 passengers were taking part in a whale watch and four were injured by the sudden impact. Passengers walking off the rescue vessel described the accident as chaotic, scary and frightening.

Many of the passengers were visitors to Boston for the holiday weekend and had hoped to get a nice tour of Massachusetts Bay.

The U.S. Coast Guard is investigating the cause of the accident, according to the Patriot-Ledger.

The boat apparently veered out of well-marked channel and ran aground on a rocky shoal. The shallow area is a known hazard and well-marked on navigation maps.

The crew of the M/V Massachusetts were tested for drug and alcohol use as part of the investigation. The 87-foot vessel is often used for commuter-boat service from Hingham and is owned by Massachusetts Bay Lines.

Several Coast Guard officials said they have never seen an accident in that location, as it is one that experienced boaters steer clear of.
Continue reading

July 4, 2010

Four-car Cape Cod car accident signals the beginning of Fourth of July weekend

by Jeffrey S. Glassman

A Cape Cod car accident Friday morning sent an area woman to the hospital by MedFlight helicopter after she failed to stop and caused a chain-reaction collision near West Dennis, Cape Cod Online reported.

Police report she was driving a Hyundai Sonata east on Route 28 when she apparently slammed into a line of vehicles stopped at a red light. The impact of the crash sent the GMC SUV in front of her into a black Nissan, which struck a minivan. The woman was flown to Brigham and Women’s Hospital in Boston and another motorist was taken to Cape Cod Hospital.

As we reported on our Boston Car Accident Lawyer Blog, officials expect heavy traffic on the roads over the Fourth of July weekend, with more than 1.7 million motorists expected to be traveling through New England.

Authorities are urging motorists to celebrate responsibly, don’t drink and drive, wear your seat belt and avoid distracted driving, speeding and other hazards this weekend. Please allow extra time to reach your destination and just expect beach areas to be as crowded as they are likely to be at anytime this year.

In the Plymouth area, authorities are expected to be patrolling the roads and beaches in cars, on foot and on horseback.

“You get people from all over southeastern Massachusetts coming down here and a lot of them are just coming to drink, carouse and cause trouble,” said Plymouth police Capt. John Rogers.

Police throughout the state will be looking for intoxicated or impaired drivers as they seek to reduce the number of drunk driving accidents in Massachusetts.

Nationwide, Thanksgiving and the Fourth of July have been the deadliest holidays on the nation’s roads in recent years, according to the National Highway Traffic Safety Administration.
Continue reading