Boston Personal Injury Attorney Blog

July 13, 2010

Backover car accidents in Massachusetts a danger to pedestrians, children

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.
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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.
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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.
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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.
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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.
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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.
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July 3, 2010

Boston motorcycle accident claims life of 28-year-old Worcester man

by Jeffrey S. Glassman

A Boston Motorcycle accident claimed the life of a 28-year-old rider in a hit-and-run crash early Friday morning, ABC5 reported.

Our Boston injury lawyers encourage motorists to remain vigilant for the presence of motorcycles on the road through the busy Fourth of July weekend and throughout the remainder of the summer.

The crash happened about 2 a.m. on Blackstone River Road when a blue car turned in front of the motorcycle at Whipple Road. The rider was thrown from the bike in the crash and the car did not stop. If you are a motorcycle rider in Massachusetts, we encourage you to carry motorcycle insurance coverage in significant amounts, including uninsured motorist coverage, and to speak with your insurance agent about the importance of high policy limits. There is minimal cost associated with increasing your personal injury coverage, which is critical in the event that you are in a motorcycle accident that is your fault, or in cases when the at-fault driver is uninsured or flees the scene and cannot be located.

The 28-year-old rider suffered significant trauma to his head and face and was pronounced dead at 2:30 a.m.

A 28-year-old Worcester man was arrested several hours later after calling police to report that he had been involved in a crash in his 2004 Pontiac GTO. He was charged with leaving the scene of a personal injury accident involving death, homicide by motor vehicle, operating to endanger, failure to yield to oncoming traffic while making a left turn, and a stop sign violation.

The National Highway Traffic Safety Administration reports 5,290 motorcycle riders were killed in accidents nationwide in 2008, and more than 96,000 were injured. Massachusetts motorcycle accidents claimed the lives of 41 riders.
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July 2, 2010

Mass layoffs can increase risk of Massachusetts work injuries or mask retaliatory firing in workers’ compensation cases

by Jeffrey S. Glassman

The economic downturn has lead to an unprecedented number of mass layoffs, which can mask illegal labor practices, including an employer’s attempt to shed itself of workers who have filed injury claims.

Our Massachusetts work injury lawyers fight for the rights of clients who have been injured on the job or who have been fired in retaliation for filing a work injury claim.

The Bureau of Labor Statistics reports that 1,412 mass layoffs occurred in May, resulting in the termination of 135,789 employees. In each case, at least 50 jobs were eliminated. In the 30 months since the economic downturn began — from December 2007 to May 2010 — a total of 60,205 mass layoffs have resulted in the dismissal of more than 6 million employees.

Employers who use layoffs to dismiss injured workers, or workers who have voiced concern about dangerous job conditions, have likely violated the law. Layoffs also pose a number of safety concerns for workers who remain on the job. Fewer employees can increase the demand for productivity and can lead to other safety hazards. Reduced training and the threat of job loss can also put workers at increased risk while making employees hesitant about bringing safety concerns to the attention of management.

Most troubling of all, the threat of layoffs can discourage an employee from filing a work injury claim in the event of an accident, which can have serious consequences. Workers who are injured on the job are entitled to collect through a Massachusetts workers’ compensation claim. However workers’ compensation has strict reporting requirements and other mandates; failure to follow the guidelines can leave an injured employee without the ability to collect. Additionally, many work accidents, including back and neck injuries or exposure to harmful chemicals, can result in medical complications months or even years after the event. In such cases, a worker who has failed to follow the proper procedures in reporting an injury, may not be entitled to collect compensation even if he or she needs additional medical care or becomes disabled as a result of an injury while on the job in Massachusetts.

There are strict laws that prohibit employers from retaliating against workers who are injured on the job or who report dangerous work conditions. These workers may not be dismissed under the guise of a downsizing. Consulting a Boston work injury lawyer can help protect your rights.
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June 30, 2010

Boston injury lawyers wish you a safe and enjoyable Fourth of July holiday

by Jeffrey S. Glassman

Boston Injury Lawyer Jeffrey S. Glassman and the staff at our law offices wish all of you a safe and happy Fourth of July holiday. Please do your part to celebrate responsibly, which means don’t drink and drive, practice safe driving and safe boating, and leave the fireworks to the professionals.

Fireworks are illegal in Massachusetts but that won’t stop many from traveling to Rhode Island where some fireworks have been legalized. The Boston Globe reports that Massachusetts is one of only four states where fireworks remain illegal.

While the Globe article makes light of the risk associated with fireworks, the fact of the matter is that fireworks accidents are a real danger around the Fourth of July. In 2006, 11 people were killed and more than 9,200 were treated in emergency rooms for fireworks-related injuries, according to the Centers for Disease Control and Prevention. More than two-thirds of fireworks injuries occur around the Fourth of July.

-One-third of all fireworks injuries involve children under the age of 15 and nearly half of all fireworks accidents involve victims under the age of 20. The most frequent injuries reported involve the hands and eyes, as well as the head, face and ears. More than half of all injuries involve burns. Other common injuries associated with fireworks include contusions, lacerations, and foreign objects in the eyes. Fireworks injuries are associated with blindness, third-degree burns and permanent scaring.

-Firecrackers cause the most injuries, followed by sparklers and rockets. More than one-third of all fireworks-related deaths involve professional-grade fireworks that are sold to consumers.

-Common causes of injuries include the availability of high-grade fireworks being sold to novice users, being too close to fireworks, operator error, child curiosity and experimentation with homemade devices.

Residents and guests who are injured by fireworks, whether on private property or at a professional fireworks display, may be able to seek damages to recover the cost of medical care, lost wages, pain and suffering and other losses that result from a fireworks accident in Massachusetts.
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June 29, 2010

Enforcement aimed at reducing Massachusetts boating accidents over Fourth of July weekend

by Jeffrey S. Glassman

Authorities urge boaters to stay safe on the water as the Fourth of July holiday ushers in the height of the summer boating season.

We have reported on our Boston Personal Injury Attorney Blog that it has been a particularly deadly season for Massachusetts boating accidents. By the first week of June, six fatal Massachusetts boating accidents had been reported this year, compared to 10 during all of last year. So far, 21 people have died in accidents off the coast of Massachusetts in 2010.

The National Safe Boating Council is encouraging boaters to wear life jackets and stay safe on the water during the upcoming holiday weekend.

“Boating is a big part of Independence Day celebrations,” said Virgil Chambers, executive director of the National Safe Boating Council. “The Fourth of July weekend may be one of the only days some people get on a boat the entire summer, and it’s even more important that every boat operator remembers to share the ‘Wear It!’ message.”

Drowning is the cause of death in about 90 percent of all recreational boating accidents.

ABC40 reports that Massachusetts Environmental Police will be teaming up with state police and local law enforcement to crack down on drunk boating over the holiday. The effort is part of “Operation Dry Water Weekend,” which is occurring along coastal areas nationwide.

“We are out conducting patrols looking for people that are under the influence,” said Sergeant Scott Amati of the Mass. Environmental Police.

The enforcement effort will also be a chance for authorities to conduct safety checks and help boaters better understand what they need to know to stay safe on the water.

Boat Massachusetts provides additional information on boating laws and boater responsibilities.
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