Boston Personal Injury Attorney Blog

July 6, 2010

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

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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June 26, 2010

Woman involved in fatal Massachusetts car accident had history of traffic accidents and violations

by Jeffrey S. Glassman

A driver involved in a fatal Massachusetts car accident last weekend has a long string of accident and had previously had her license suspended in 2008, the Taunton Gazette reported.

We reported the accident on our Boston Car Accident Lawyer Blog. It happened on I-495 Friday night when the woman reportedly lost control. The Toyota Rav4 rolled over and ejected the driver and passenger from the vehicle. The 29-year-old passenger died as a result of his injuries. Authorities say the driver lost control near the weigh stations, where the road narrows from three lanes to two.

Sometimes accidents are unavoidable. And sometimes poor choices can lead to a serious or fatal accident. Unfortunately, drivers with a poor driving record also are frequently uninsured or underinsured — often because they cannot afford the high insurance premiums that come with a poor driving record. A Boston injury lawyer will review the driving record and available insurance of an at-fault driver and use that information when building a case to compensate victims for lost wages, medical expenses, and other costs associated with an accident. In cases where a Massachusetts accident is caused by an uninsured or underinsured motorist, an attorney may be able to help victims collect on the assets of an at-fault driver, or by filing a claim with their own insurance company.

There is no information about whether the driver was insured in this case.

The Gazette reports that Registry of Motor Vehicle records show the driver has been at-fault in five accidents between 2003 and 2008. She was also convicted of two moving violations in 2006 and 2007. Her license was suspended in May of 2008 after she failed to complete a mandatory driver retraining class following her fifth accident. She completed the class in January of 2009 and her license was reinstated. The state revoked her license after last week’s accident pending the resolution of the case, which is still under investigation.
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June 25, 2010

Massachusetts work accident injures two at utility facility

by Jeffrey S. Glassman

Two employees of NSTAR were injured in a Massachusetts work accident Thursday afternoon after a reported explosion at the utility’s Charlestown facility, the Boston Globe reported.

One worker was severely burned and another suffered smoke inhalation. Both were transported to Massachusetts General Hospital. The workers were performing routine maintenance at a substation adjacent to the Mystic power plant in Everett when the incident occurred at about 1:30 p.m. Investigators are trying to determine how and why high-voltage electricity escaped from insulated wire, which caused a “flash incident” and injured the workers.

The company said the injuries were not life threatening. However, anyone injured on the job should seek the advice of a Massachusetts workers’ compensation lawyer to help protect their rights. Complying with reporting requirements and other legal mandates is essential to ensuring that you are protected in the event that future complications make it necessary for you to receive additional medical care or take time off from work. In the event that you later become disabled as the result of a Massachusetts work injury, it will be critical to show that your disability stems from an on-the-job injury.

Failure to follow the appropriate steps in the wake of a seemingly minor work injury can have a drastic impact on your future financial well-being. Tragically, some employees who have been injured on the job fail to seek the advice of a qualified attorney. By the time they determine a company is not acting in their best interests, it can be too late to seek the compensation to which they would have been otherwise entitled.

The Boston Herald report is available here.
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June 22, 2010

Massachusetts construction accident seriously injures worker, halts courthouse construction project in Salem

by Jeffrey S. Glassman

A Massachusetts construction accident has led to a stop-work order on the J. Michael Ruane Judicial Center in Salem.

The Salem District Court project on Federal Street in Salem was halted by the state last week after a 500-pound panel fell, seriously injuring a worker. Daniel O’Connell’s Sons of Holyoke, the project’s construction manager, told the Salem News that it has been ordered to stop installing the limestone panels.

The $106.5 million project includes 195,000 square feet of building space. Construction began in June 2007 and is scheduled to be completed in June 2011, according to the Massachusetts Division of Administration and Finance.

Two investigations are under way as officials attempt to determine the cause of the Massachusetts work accident. The construction manager has hired a private engineer to review the installation of the panels. Meanwhile, the federal Occupational Safety and Health Administration is also investigating the incident.

The 34-year-old construction worker was listed in fair condition on Friday at Massachusetts General Hospital. He was hospitalized on Tuesday after his legs were badly injured when a stone panel fell four stories and shattered on the ground.

The man is employed by General Mechanical Contractors of Auburn, a heating and air-conditioning subcontractor. That company said it was not involved in the cause of the accident.

Construction crews continue to work on other parts of the building but the accident scene remains roped off with police tape.
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June 21, 2010

Highway work a frequent cause of Massachusetts work accidents

by Jeffrey S. Glassman

The death of 52-year-old state police Sgt. Douglas Weddleton, who was run down Friday night while working at a road construction site on I-95, has put the spotlight on Massachusetts road construction accidents and accidents involving police officers and emergency responders.

The Enterprise News reports the story of Trooper Mark Lombardi, who was reaching for the microphone in his cruiser to call a tow truck for an early morning accident on Route 24.

He woke up 12 hours later in the hospital. A drunk driver traveling more than 80 mph slammed into his cruiser in the breakdown lane of Route 24 southbound, near the Route 139 exit in Stoughton.

It was the first of three times his cruiser has been struck on state highways.

The Federal Bureau of Investigation reports that more than half the officers killed accidentally in 2008 died as a result of an automobile accident.

A July 2003 crash on Route 25 in Wareham left Trooper Ellen Engelhardt with permanent brain injuries. She is now in a nursing home.

For every fatal accident, there are 1,000 close calls. Traffic accidents while on the job are a leading cause of Massachusetts workers’ compensation claims.

Massachusetts Move Over Law took effect last March and requires all drivers to move over and/or slow down whenever an emergency or maintenance vehicle is display flashing lights. Please comply with this law. You could not only save yourself the hassle of a ticket, you could save a life and send a father or mother home safe to their family.

Friday’s accident occurred at a road construction zone, where Massachusetts work accidents are a common danger. As we reported last week on our Boston Personal Injury Attorney Blog, the Federal Highway Administration estimates that more than 1,000 workers are killed each year in highway accidents and more than 52,000 are seriously injured.
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