Boston Personal Injury Attorney Blog

June 7, 2010

Parents encouraged to be proactive in avoiding Massachusetts car accidents involving teenagers

The Daily News Tribune has published a useful guide for parents seeking to properly insure their young drivers.

As our Boston Car Accident Lawyer Blog reported earlier this spring, summer is a dangerous time for Massachusetts car accidents involving teenagers. The National Highway Traffic Safety Administration reports that traffic accidents are the leading cause of death among teenagers ages 15 to 20. In 2008, more than 228,000 young people were injured and 2,739 were killed in traffic accidents. In Massachusetts, 68 young motorists lost their lives.

Well over half of all teen drivers in Massachusetts will be in a car accident during their first two years on the road.

Here are the steps you should take to help protect your teen:

-Add your teen to your insurance policy: Massachusetts law requires your child be added to your insurance policy when he or she gets a driver’s license. Begin the conversation with your insurance agent early.

Cost: The cost of insuring a teen driver depends on a number of factors, including driving record and experience, age and type of vehicle being driven, and where you live. Many parents are shocked to learn how much it costs to insure a teen driver. However, given the frequency of accidents, it may be worthwhile to select a higher premium with a lower deductible.

A car for your teen: SUVs have a higher accident rate than passenger cars. Their higher center of gravity also makes them more prone to rollover accidents. Additionally, the larger vehicle may give a teen a false sense of security. Conversely, smaller two-door vehicles have a higher injury rate. Newer cars with anti-lock brakes and airbags have fewer serious injury accidents. Vehicle safety ratings are available through the Insurance Institute for Highway Safety.

High-performance sports cars are often a poor choice for teen drivers. The insurance premiums alone may be enough to discourage allowing a teen to drive a sports car. Regardless of the car you choose, checking the insurance rates is a good idea before finalizing plans as your choice of vehicles can have a dramatic impact on the cost of insurance.

Massachusetts Law: Drivers under 18 will be issued a junior operator’s license. For the first six months, they cannot drive with friends unless a driver over the age of 21 is riding in the front passenger seat. Until they are 18, teens are not permitted to drive between 12:30 and 5 a.m. unless with a parent. Violations can result in a 60-day license suspension and a $100 fine.

Junior operators face a 90-day license suspension for speeding and must pass the learner’s permit and road tests again. Additionally, they will be required to pay a $500 reinstatement fee and complete a Driver Attitudinal Retraining Course.

Visit the Massachusetts junior operator’s website for more details.

Advanced Driver’s Courses: Enrolling your teen in advanced training can be a good idea. Parents should also monitor their teen’s progress and continue to set limitations on their driving rights. The state laws set minimum standards. But no two young drivers are alike and a parent is in the best position to monitor a child’s competence behind the wheel.

Focus on Safety: Continue to have frequent conversations with your child about the dangers of poor driving habits, including distracted driving, drunk driving and speeding.
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June 5, 2010

Fair treatment by insurance company a critical issue in the wake of a Massachusetts car accident

by Jeffrey S. Glassman

The Massachusetts Attorney General’s Office is seeking to institute new rules aimed at protecting consumers from the perils of buying auto insurance.

We all expect our insurance to be there in the event that we are involved in a serious or fatal Massachusetts car accident. Unfortunately, auto insurance companies frequently look out for their own interests, at the expense of consumers. The advent of insurance available for purchase from websites, without the assistance of a knowledgeable insurance agent, has further compounded the issue. Progressive insurance has been under significant fire for offering low rates that consumer advocates contend includes coverage that falls short of providing adequate protection in the event of an accident.

Consulting with an experienced Boston injury lawyer can help protect your rights when dealing with an insurance company in the wake of a car accident in Boston or the surrounding area. Insurance companies have a moral and legal obligation to treat customers in a fair manner. When an insurance company operates in bad faith, it can and should be held responsible.

The new measure aims to “increase the level of transparency, enhance policy holders’ ability to shop effectively for policies, and better prevent deceptive practices by insurance companies,” according to the Attorney General’s Office.

Not surprisingly, the insurance industry claims additional safeguards are unnecessary.

The National Association of Mutual Insurance Companies contends the new regulations are unjustified.

“The sweeping set of new regulations put forward by Attorney General Martha Coakley are unnecessary and ill-advised, to say the least,” spokesman Paul Tetrault said. “Consumers are well protected by existing laws and regulations.”

According to the Attorney General’s Office, the new regulations would:

-Protect consumers from insurance companies that use discriminatory practices.

-Require ratings practices to be fair and transparent.

-Prevent misleading advertisements.

-Ensure consumers are made aware of discounts.

-Protect against policy cancellation or non-renewal without adequate notice.

-Guard against unfair interest rates on installment plans.

-Require proper reporting of at-fault reversals.

-Prevent agents from steering consumers to certain insurers based on commissions.

-Require insurers to promptly reply after a claim is filed.
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June 3, 2010

Drunken boating targeted in effort to reduce Massachusetts boating accidents

by Jeffrey S. Glassman

Authorities were on the water in force over the Memorial Day weekend, a trend law enforcement promises will continue through the summer months as safety advocates vow to reduce the dangers of serious and fatal Massachusetts boating accidents.

As we reported recently on our Boston Personal Injury Attorney Blog, a total of 21 people have already died this year in boating accidents off the coast of Massachusetts.

The Boston Globe reported there have already been 6 fatal boating accidents in Massachusetts this year, compared to 10 in all of 2009. The U.S. Coast Guard and local authorities cite boating while intoxicated as the leading contributor to serious and fatal boating accidents.

This summer, authorities in Massachusetts will participate in Operation Dry Water, an aggressive campaign to increase checkpoints for drunk captains and to educate boaters about the dangers of drinking and boating. Part of the challenge facing efforts to combat drunk boating is that alcohol is permitted on boats, with the exception of some areas like Massachusetts state parks. However, boat operators can be held to the same standards as the driver of an automobile. In both cases, operation of a vehicle with a blood-alcohol level over .08 is illegal.

A first BUI offense in Massachusetts is punishable by up to 30 months in jail and a $1,000 fine. An offender may also have his or her driver’s license suspended even though a motor vehicle was not involved.

Another challenge for law enforcement is that drinking and boating does not carry the same stigma as drinking and driving. While driving a car while intoxicated has become less acceptable, many people remain more tolerable about drinking and boating.

Meanwhile, authorities are convinced that better education and the use of life vests can help prevent Massachusetts boating accidents. The Coast Guard reports that two-thirds of boating fatalities result from drowning while only 1 in 10 boating accidents involve a driver who has received boating safety instruction.
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June 1, 2010

Boston motorcycle accidents injury police officers

by Jeffrey S. Glassman

Two Boston police officers were injured in Massachusetts motorcycle accidents, which occurred within blocks of each other in Roxbury, the Boston Globe reported.

One of the officers was off-duty and riding his personal motorcycle when he was involved in an accident at Warren Street and Martin Luther King Boulevard. The second officer was on duty and responding to the first crash when he was involved in a motorcycle accident in the 500 block of Warren Street while riding his department motorcycle. While many people may not associate work accidents with traffic crashes, serious and fatal traffic accidents are a leading cause of Massachusetts work accidents.

The Bureau of Labor Statistics reports that 1,044 of the 5,214 fatal work accidents reported in 2008 involved highway accidents, not counting those accidents that occurred on city streets.

Both officers were transported to Boston Medical Center for treatment and the causes of the accidents are under investigation.

You can watch the report from My Fox Boston here.
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May 30, 2010

Massachusetts boating accidents near record highs as Memorial Day signals start of boating season

by Jeffrey S. Glassman

This week is National Boating Safety week and an unusually high number of serious and fatal Massachusetts boating accidents have safety advocates preaching caution as the boating season begins in earnest with the Memorial Day weekend.

The Daily Item reports the area has already seen a record number of boating deaths so far in 2010 — a total of 21 people have already died in boating accidents off the coast of Massachusetts.

“Sadly, during the last decade on the waters of the Northeast, we’ve averaged 50-53 boating and paddling fatalities per year,” said Al Johnson, a recreational boating safety specialist for the First Coast Guard District in Boston.

As we reported recently on our Boston Personal Injury Attorney Blog, two Boston women were killed last week in a boating accident in Narragansett Bay.

A total of 55 fatal Massachusetts boating accidents occurred in 2008, while 58 occurred in 2007, according to the U.S. Coast Guard.

The Safe Boating Council offers the following safety tips:

-Boat Responsibly and Wear It: Always remain alert and careful while boating and always wear your life jacket. About 90 percent of those who drown were not wearing a life vest.

-Know the Navigation Rules: You wouldn’t drive a car without understanding the rules of the road. So don’t drive a boat without learning the rules that can help keep you safe on the water. Understanding the rules for meeting, crossing or overtaking another boat can help keep you and your passengers safe. Maintain a proper lookout and a safe speed.

-Boat Sober: The same rules for driving a car while intoxicated, apply to piloting a boat. Operating a boat while intoxicated is illegal in all 50 states and is also a violation of federal law. An intoxicated boater is 10 times more likely to die in a boating accident.

-Be Aware of Carbon Monoxide: Engines produce carbon monoxide, a colorless, odorless, poisonous gas. Proper cabin ventilation and well-maintained equipment is critical.

-Take a Boater Safety Course: Seventy percent of boating accidents are caused by operator errors, including inattention, carelessness, recklessness, inexperience, speeding and failure to watch for hazards. A boater safety course is essential to learning the rules on the water that can help keep you safe.

-Get Your Boat Checked: A well-maintained and properly equipped vessel is a safer boat for all who board.

The Massachusetts Environmental Police’s Boat and Recreation Vehicle Safety Bureau offers answers to frequently asked boating safety questions.
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May 28, 2010

Massachusetts swimming pool accidents, drowning accidents, a summer danger

by Jeffrey S. Glassman

Memorial Day weekend and the end of the school year is an excellent time to talk to your children about swimming pool and water safety. Massachusetts drowning accidents occur almost exclusively between Memorial Day and Labor Day.

Tragically, most Massachusetts swimming pool accidents involve small children. Whether an accident occurs at a residential swimming pool or in a commercial pool, such as those at apartment complexes, hotels and public parks, families dealing with a drowning or near-drowning accident should contact a Massachusetts child injury lawyer to help protect their rights.

Property owners have an obligation to provide a safe environment for visitors and guests. A premise liability claim should be filed in the event of a pool accident. Near-drowning accidents are complex medical and legal cases and frequently involve cognitive impairment that is not always readily apparent in small children.

While the majority of swimming pool accidents occur in warm weather states, including Florida and Arizona, there is evidence that children in northern states are at increased risk because of their inexperience around swimming pools.

In response to the high number of child deaths, the Consumer Product Safety Commission is launching a Nationwide Pool Safety Campaign, which is aimed at improving pool safety in all 50 states through the long, hot summer months.

“It is important to keep in mind that these numbers represent family tragedies. Preventing child drownings year round is a priority for the CPSC,” said Chairman Inez Tenenbaum. “The Pool Safely campaign will start a national conversation with parents and children, pool owners and operators and industry professionals about the simple safety steps they can take to protect themselves and their families in and around pools and spas.”

-Each year, an average of 385 children die in swimming pool accidents — 299 of those involve young children under the age of 5.

-About 4,200 children younger than the age of 15 are treated in emergency room each year as a result of a swimming pool or spa accident.

The Consumer Products Safety Commission offers the following safety tips:

-Teach children to float or swim as soon as possible.

-Always provide adult supervision for swimming children.

-Even an adult should not swim alone.

-Teach children about the dangers of rough play, running, or diving.

-Never push anyone into a pool.

-Always go feet first on slides.

-Make sure other swimmers are out of the way before entering a pool.

-Keep rescue and first aid devices near the pool.

-Teach children what to do in case of an emergency.

-Keep electrical appliances out of the pool area to avoid a shock hazard.

-Never swim after drinking alcohol, eating or taking medication.

Massachusetts Law (105CMR435.00) includes strict rules and regulations governing swimming pool construction, maintenance and safety. Failure to comply with the law can leave a pool owner liable in the event of a serious or fatal pool accident.
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May 26, 2010

Two Massachusetts residents killed in boating accident

by Jeffrey S. Glassman

Two Massachusetts women are being remembered by friends and family after a fatal boating accident in Narragansett Bay, South Coast Today reported.

The women, both 23, were residents of Dighton and Assonet. They were killed last weekend when their boat crashed into Despair Island off the coast of Rhode Island. Relatives said the two women were thrown from the 22-foot recreational vessel when it crashed. Three other boat occupants were treated at local hospitals.

Rescue workers from the Warwick Fire Department found the overturned boat about 2:45 a.m. Cause of the accident is under investigation by the Rhode Island Department of Environmental Management and the Rhode Island Attorney General’s Office.

May 24, 2010

Employee pulled into sausage machine in Massachusetts work accident

by Jeffrey S. Glassman

A Danvers man was hospitalized for injuries sustained in a Massachusetts work accident after being sucked into a sausage machine at the DiLuigi Sausage Company, the Salem News reported.

The man was working as part of a cleaning crew when he was partially sucked into a seasoning machine as he was cleaning inside a “vacuum-type cylinder,” according to police.

The machine was somehow switched on while he was still inside, causing him to be pulled underneath; his head and shoulders were lodged in the machine. He was removed from the machine and taken to Beverly Hospital to be checked for internal injuries.

Police say a language barrier prevented them from speaking with the man at length about the accident. The Occupational Safety and Health Administration was called to the scene to investigate.

OSHA received reports of nearly 3.7 million work accidents in 2008 and investigated 5,214 fatal work injuries. The most common injuries involved sprains and strains, followed by back injuries and falls.

Highway accidents were the most common cause of fatal work injuries (1,044), followed by falls (658) and workplace homicide (453).
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May 23, 2010

Massachusetts worker’s compensation claims can go unreported in face of aggressive work-safety programs

by Jeffrey S. Glassman

In one Massachusetts case, an employer called in 17 union workers and told them they had too many work injuries — one more and they would be fired. The union called the Occupational Safety and Health Administration, which called the employer about the illegal action.

In another case tracked by Labor Notes, a trade labor organization, a food warehouse with 150 workers handed out prizes for months with no accidents. If an employee was injured, no prize. Then the company reportedly decided that injured employees had to wear a fluorescent orange vest for a week — like a Scarlet Letter — so everyone would know who cost them their prizes.

Hiring a Boston worker’s compensation attorney can be critical to protecting your rights in the wake of a serious Massachusetts work accident. The laws are complex. And, as these cases illustrate, employers do not always comply with the labor laws in place to protect the health and welfare of employees. Obtaining fair and just compensation for a serious work injury can have an enormous impact on the future financial well-being of you and your family.

Labor Notes reports such blame-the-worker programs are flourishing even as companies cut employees and contribute to the understaffing and high work loads that are frequently responsible for workplace accidents.

Such behavior-based safety programs frequently run afoul of the law and can include:

-Safety incentive programs.

-Injury discipline policies, including termination.

-Post-injury drug testing.

-Peer-review programs where one worker observes another.

Such programs encourage the belief that workplace behavior — and not management and environmental factors — are the primary cause of work accidents. However, reducing work hazards is the most successful course for reducing work injuries. Behavior-based programs often do little more than discourage claims and drive injury reporting underground.

Labor Notes blames such practices for deceptively low injury rate figures leading up to a catastrophic event and points to the low accident rates reported at a Texas oil refinery before a 2005 explosion killed 15 employees and injured 180.
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May 21, 2010

Massachusetts nursing home won’t face criminal charges in resident’s death

by Jeffrey S. Glassman

The Supreme Judicial Court ruled the owner of a Massachusetts nursing home cannot face criminal charges for the death or a nursing home resident who fell down a set of steps in a wheelchair, the Boston Herald reported.

Falls are one of the leading causes of deaths in nursing homes, according to the Centers for Disease Control and Prevention. A Massachusetts nursing home neglect and abuse lawyer can help residents and families hold nursing homes accountable when neglectful care results in a serious or fatal fall. However, in this case the state’s high court ruled the owner cannot be criminally charged if no nursing home employee committed a crime.

The Massachusetts Attorney General’s Office charged Life Care Centers of America Inc. with involuntary manslaughter following the 2004 incident, arguing various staff errors contributed to the fatal fall.

The Supreme Judicial Court said the Attorney General could not combine actions of negligence to charge the company with a crime. At least two other companies in Massachusetts have been charged recently with involuntary manslaughter.

-In 2007, a New York manufacturer of tile fasteners was charged after a motorist was killed by a falling ceiling panel in a Big Dig tunnel. The company pleaded guilty last year to a charge of making false statements.

-A sportsman’s club was charged after an 8-year-old boy shot himself in the head with an Uzi at a gun show in 2008. The club pleaded no contest and paid a $1,000 fine. Three men unaffiliated with the club face involuntary manslaughter charges in that case.

In the nursing home case, a 74-year-old resident suffering from brain damage and dementia was killed after her wheelchair fell down a set of steps outside the facility. A doctor had ordered the patient to wear a signaling device to help prevent her from attempting to leave the facility unattended. She was not wearing it at the time of her death.
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