Boston Personal Injury Attorney Blog

December 12, 2012

Football Fan Killed in Hit-and-Run Pedestrian Accident

A pedestrian accident near Gillette Stadium left one driver behind bars.

According to CBS Boston, the accident happened just before 1:00 a.m. A state police officer was working detail at the New England Patriots game and was told by a passerby that there was an accident just down the road. The officer headed down Route 1 and saw a pedestrian lying in the middle of the road moaning in pain. The 30-year-old pedestrian had bruises, cuts and a broken leg.

A trooper who was working a couple miles away saw a vehicle pass by with damage to the windshield and to the rear-view mirror. It was determined through police communication that this was the driver involved in the pedestrian accident back at the stadium. He was pulled over by the trooper and arrested from driving under the influence (for his second offense), leaving the scene of an accident and negligent operation.

Our Foxboro pedestrian accident attorneys enjoy the crowds surrounding New England Patriot games. Pedestrian accidents are more common during the evening hours anyway. When there are more fans along our roadways, the risks for these kinds of accidents skyrocket.

In Massachusetts, there were close to 50 pedestrians killed in traffic accidents in 2009. Most of these fatalities could have been prevented if drivers were to just pay a little more attention behind the wheel — and stay sober too! There were another 110 people killed in car accidents over the year in crashes involving at least one driver who was drunk at the time of the accident.

Before, during and after football games, we’re asking everyone to be on the lookout. Fans will hitting our roadways (hopefully in celebration) and we have to make sure that our driving doesn’t cause a needless accident. Drive carefully, keep an eye out for walkers and bicyclists and do your part to avoid a tragedy.

Pedestrians are asked to be safe out there, too. Review the following safety tips from the Commonwealth of Massachusetts:

-Only cross in a crosswalk or at a street corner.

-Keep an eye out for turning vehicles.

-Remember that fluorescent colors are extremely visible to motorists.

-Wear reflectors or carry a flashlight when walking at night.

-Never assume that a driver sees you.

-Avoid engaging in distractions while walking. Keep your eyes on the road and the traffic around you.

-Watch for vehicles backing out of parking spaces.

-If there is no sidewalk, walk along the shoulder, facing the traffic.
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December 12, 2012

Green Line Expansion Comes with Safety Obstacles

by Jeffrey S. Glassman

Phase 1 of the construction project to extend the Green Line was kicked off recently by the Massachusetts Bay Transportation Authority (MBTA). According to Governor Deval Patrick, the Green Line will now travel to Somerville and Medford.

“The Green Line extension means expanded employment opportunity, housing opportunity and recreational opportunity,” said Governor Patrick.

Our Somerville personal injury attorneys understand that the construction project includes two railroad bridges to help to connect the Green Line to the outer area. And that’s only Phase 1 at a cost of $13 million. To get the project done, officials will have to demolish a building in Cambridge as well.

Barletta Heavy Division will be contracting the project. Throughout the duration, crews will be reconstructing Medford Street Bridge and the Harvard Street Bridge. Overall, the project is expected to cost more than $1.1 billion.

In the U.S., there were more than 1,000 people killed in vehicle accidents that occurred in a construction work zone last year.

One of the most important things in helping to ensure everyone’s safety in these work zones is to keep an eye on your speed. According to MassHighway Traffic Engineering, lane width can make a difference, too! Officials say that narrowing lanes helps to make drivers travel more slowly and cautiously.

Helping Motorists Navigate Safely:

-Education: The public should be notified about what construction is going on in the area. By letting travelers know, they can choose alternative routes to avoid the area.

-Signage: Temporary signs help to declare the presence of a work zone. This will give them more time to slow down and to react.

-Barrier: These will help to keep traffic away from workers.

-Police Presence: Just the sight of an officer helps to keep drivers on their best behavior. Officers serve as an effective deterrent for irresponsible driving habits.

-Accommodations: Making sure that pedestrians, bicyclists and other transit can get through the area is a sure way to help to halt any kind of accidents.
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December 8, 2012

MBTA Adds New Cameras to Improve Personal Safety

by Jeffrey S. Glassman

According to officials with the Massachusetts Bay Transportation Authority (MBTA), there are going to be roughly 400 new surveillance cameras placed along six Red Line stations. They’re planned to go up in 2013, according to the Boston Globe.

They’ll be going up at Porter, Kendall/MIT, JFK/UMass, Harvard, Charles/MGH and Andrew stations.

These cameras are part of a plan to double the security in these areas. They’ll eventually be at other stations, including bus, train, subway and other T stations. Residents can expect thousands of cameras, all funded through federal grants.

Our Boston personal injury attorneys understand that T stations can get pretty dangerous. Not only do you have to worry about accidents happening with the trains, buses and subways, but you also have to beware of the riders as well. You need to keep safety as a number one priority. Make sure you’re a safe traveler in all aspects of the term. Stay aware of your surroundings and travel with a plan.

The JFK/UMass will be the first of the stations to get these cameras. It’s getting more than 50. They will be going up during the end of the spring season or early in the summer. The rest are planned to go in during next fall or winter.

In addition to these expected cameras, the T installed and recently activated nearly 20 cameras on the Fairmount commuter rail line at the new Talbot Avenue Station. Close to 20 more are going in at the Morton Street station, too.

“The projects are part of the MBTA’s ongoing efforts to standardize security…to ensure that law enforcement personnel and first responders have situational awareness in the event of an emergency or security incident,” said Joe Pesaturo, T spokesman.

Cameras have already been going up at almost all of the T stations across the state over the last 5 years. More and more trains and buses have them nowadays, too. Officials say that it’s not only about monitoring transit operations, but it’s about keeping an eye on rider safety, too!

Some groups, like the ACLU of Massachusetts, have voices concern that these new surveillance cameras are serving as a potential invasion of privacy. Whether riders agree or disagree with them — they’re still going up and they’re keeping their eye on you!

Officials with the MBTA remind riders to pay attention to personal safety while using the T. Make sure you’re always aware of your surroundings and of the people who are around you. Try to avoid listening to headphones so that you can hear what’s around. This will help to keep you from being a target for predators. Don’t talk to strangers, especially when you’re in an isolated area. If you’re carrying a wallet, make sure you keep it in your front pocket. If you ever get attacked, scream loudly! You can even blow a whistle, if you carry one, to help to draw attention. You also want to stay one step ahead of the traffic around you, including other travelers and of the trains, buses and subways. Travel wise, travel alert and travel safe!
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December 6, 2012

Bounce House Parties a Big Hit, But Present a Significant Danger of Injury

by Jeffrey S. Glassman

In children’s parties throughout Massachusetts, bounce houses have become a big hit. Bounce houses can be rented for birthdays, graduations or other special occasions. These rentals have been steadily increasing in popularity in recent years, but unfortunately, a study released on last month now indicates that the bounce houses present significant dangers to children.

Our Boston personal injury attorneys want to draw your attention to the new study and make you aware of the potential dangers of bounce houses. Injuries can range from mild to severe to fatal and kids of all ages are at risk when playing in a rented bounce house.

The Risks of Injury From Bounce Houses
On Monday November 26, Boston.com, reported on the results of a nationwide study on the dangers of bounce houses. According to the results of the study:

30 kids each day are treated in U.S. emergency rooms for injuries caused by bounce house accidents.
In 1995, only 1,000 kids ages 17 and under visited emergency rooms as a result of bounce house injuries. In 2010, nearly 11,000 kids (or 15 times more kids) were injured severely enough in a bounce house to go to the ER.
The number of kids visiting emergency rooms with bounce house injuries has doubled since 2008.
Three percent of children who go to the emergency room require hospitalization for their bounce house injuries. Broken bones are the most common injury that leads to hospitalization.
Approximately 1/3 of bounce house injuries affect kids ages 5 and under.

These bounce house injuries occur for many different reasons. Most of the injuries happen when kids fall either inside of the bounce house or fall outside of it. Many also occur when bouncing kids collide with each other. However, injuries have also been reported as a result of bounce houses collapsing or bounce houses being lifted off the ground by high winds.

When an injury occurs, it can be painful and expensive to treat, but fortunately most kids recover. Tragically, however, not all children live through bounce house accidents. Data from the Product Safety Commission revealed that there were at least four bounce house deaths in the study period. The deaths were due to head injuries and occurred when children struck their heads on hard surfaces while bouncing.

Who is Responsible for Bounce House Injuries?
As the number of bounce house injuries grows, concerns arise as to who should be held responsible for damages in the wake of an accident. The answer will vary depending upon the circumstances surrounding the injury.

In some cases, the company that rented the bounce house may be liable, especially if the bounce house collapsed. In other cases, the hosts of the party where the bounce house was located may be responsible.

Because of the complexities of determining who is responsible for bounce house injuries, it can be a good idea to talk to an attorney for advice.
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December 5, 2012

More Bacteria & Fungi Found in Drugs from Compounding Pharmacy

by Jeffrey S. Glassman

As investigations continue into the New England Compounding Center (NECC), the news isn’t encouraging.

In fact, according to NBC News, the bacterial and fungal contamination at the Massachusetts Compounding Center may have spread beyond the injection epidural steroids that have already been linked to a meningitis outbreak, 541 infections and more than 36 fatalities.

Our Boston personal injury attorneys want to warn individuals of these new developments in the NECC investigation. As more information on the Compounding Center comes to light, we firmly hope that no more people will have to suffer the devastation that comes with a serious or fatal infection.

More Bacteria & Fungi Identified
A Health Alert released by federal officials on Monday December 3 has raised concerns that contamination at the compounding pharmacy may be more widespread than originally believed. New lab results have shown that fungi and bacteria are present in unopened vials of three different drugs produced by the compounding center.

This new discovery refers to three new drugs, in addition to the epidural steroids that were contaminated and in addition to the two other drugs that NECC already identified Bacillus bacteria in. The newly identified contaminated drugs include injection betamethasone; triamcinolone; and cardioplegia. They are used, respectively, to treat inflammation, severe itching and during heart surgery.

The new vials of these three drugs were found to contain a dozen types of fungal species and Bacillus bacteria including Aspergillus, Cladosporium and Peniciullum. Unfortunately, the Centers for Disease Control (CDC) indicates that some of these organisms have been linked to disease in humans.

The Risk to Patients
CDC alerts indicate that some patients have reported illnesses after receiving one of these three drugs produced at NECC. Reported complaints include inflammation of the membranes of the central nervous system, as well as other medical issues. However, there have been no confirmed reports to date of cases of fungal meningitis, spinal infections or para-spinal infections resulting from patients taking any of these three medications.

Because there have been no confirmed reports, CDC officials indicated that there is no evidence that non-methylprednisolone NECC products have caused meningitis outbreaks. However, this doesn’t mean that reports will not come to light in the future and it does not mean that the drugs are necessarily safe. According to NBC, officials from CDC are urging doctors to carefully monitor patients for any signs of fungal infection if they have been dosed with the potentially contaminated NECC medications.

The Investigation Continues
NECC is now closed but the consequences of their careless behavior are still coming to light and investigations still continue into the negligent and irresponsible behavior at the Compounding Center.

Evidence of environmental problems and unsanitary conditions in the lab dates back to at least January, and more than 14,000 patients were treated with the tainted epidural steroids that gave rise to the meningitis outbreak. New cases may still be reported from the epidural steroids or when the bacteria and fungus from these other contaminated drugs begins to manifest as an infection.
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December 3, 2012

New Boston Youth Sports Rules Aim to Prevent Sports Injuries in Kids

by Jeffrey S. Glassman

On November 26, 2012, a new ordinance went into effect in the city of Boston. The new ordinance is designed to help reduce the number of concussions suffered by kids who play youth sports and to reduce the potential dangers associated with concussion.

Our Boston sports injury attorneys believe that the new ordinance may go a long way towards helping kids avoid devastating sports injuries. We urge all public and private educational institutes to take note of the new requirements and we encourage parents and kids who play sports to be aware of the new regulations in order to stay safer.

The New Boston Youth Sports Rules and Sports Injuries
According to Fox Boston, thousands of young athletes suffer concussions each year while playing sports. Concussions are dangerous head injuries that can lead to complications including traumatic brain injury, memory problems and mood changes, especially if children suffer repeated concussions. Because of the known-dangers of concussions, lawmakers have now created new regulations aimed to protect kids.

According to the new Boston ordinance, all public and private school sports teams will now have to undergo concussion training and will need to have concussion management procedures in place before children under the age of 18 are permitted to play sports. The concussion training will help staff on youth sports teams to better identify head injuries and potential concussions. Staff members and coaches must receive this head injury training each year, with only visiting teams exempt from attending required annual training.

The new ordinance will also apply to any independent organization that makes use of city-owned facilities for sports practice or sporting events.

The Importance of Protecting Kids from Head Injuries
The new Boston ordinance was passed after five Southbridge children were injured in a Pop Warner football game and suffered concussions. The aim of the requirement is to expand on existing 2010 laws that were designed to protect middle and high school athletes. The training requirements now extend not just to teams with older kids playing sports but to teams with any kids playing sports. The expansion is an important one because any child is vulnerable to suffering a head injury on the field.

Getting treatment immediately is required in cases of serious head injury, and any child who does suffer a concussion needs to be examined and observed by an experienced physician for signs of potential head trauma or complications arising from the concussion. Kids can only get the help they need if the coaches and staff who are supposed to be responsible for them understand how to identify and respond to head injuries.

In certain instances, colleges and schools have been held legally accountable for kids who suffered head injuries during sporting events. When a school or sports organization is considered to have been negligent in fulfilling their obligations to a student athlete, the organization can become responsible for paying all costs associated with the concussion or other injury. These costs can be significant if a child was seriously harmed as a result of the schools failure.

The new ordinance on concussions now imposes an additional obligation on schools to ensure that their staff is trained in concussions. This new ordinance could, therefore, give students and parents greater legal rights to sue when a head injury is overlooked or improperly managed by a coach.
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November 30, 2012

Beware of Snowy Slip & Falls This Winter

by Jeffrey S. Glassman

As the weather in Massachusetts starts to get cooler, the chance of snow and ice lingering on the ground increases. Snow and ice on pathways, driveways, in parking lots and throughout the city present a significant risk to pedestrians and visitors since it is all-too-easy to fall and suffer a serious injury.

This winter season, our Boston personal injury attorneys want to remind homeowners and business owners to take precautions to make sure their property is safe so visitors aren’t at risk of slipping and falling. We also want to remind pedestrians to be cautious where they walk to avoid the risk of a fall.

Property Owner Responsibility for Snow and Ice
If you are a property owner and people come onto your property, whether those visitors are customers, friends, family or the mailman, you have a responsibility to make sure the property is reasonably safe. Normally, this means keeping your property in good repair and either fixing any dangers that you are aware of or warning guests that there is a hazard.

As winter approaches, however, your responsibility for keeping up your property may also extend to keeping your space free from dangerous snow and ice. If you fail in that responsibility, you may be held legally liable for damages if the ice or snow causes an injury.

Property owners in Massachusetts weren’t always subject to legal liability for all snow and ice on their property, but an important change in the law occurred in 2010. According to Mass Live.com, the Massachusetts’ courts changed a centuries-old rule that protected homeowners from liability. Under the old rule, property owners weren’t held responsible if they failed to remove natural accumulations of snow on their property. Natural accumulations were defined as snow put on the property by Mother Nature, as opposed to piles of snow made by the snowplow.

This changed, however, after a man broke his pelvis in a patch of ice on a parking lot in front of a Target store. The parking lot had been plowed, with a pile of snow left in the median strip. There was a dispute over whether the slippery patch that caused the fall was the result of a “natural accumulation” or not, but the Supreme Judicial Court ruled that it did not matter.

Effectively, a new rule was created by this case. The new rule mandates that any accumulation of snow or ice that presents a danger to visitors can be considered a “defect” with which a property owner has to deal.

Under this new rule, property owners would be wise to ensure that their properties are always kept clear of snow and ice that could be dangerous. This may mean a few minutes shoveling the walk, but it is worth avoiding the potential for legal liability.

Pedestrian Risks of A Slip and Fall on Ice
Pedestrians, too, should take steps to protect themselves from a fall this winter. This can mean wearing appropriate winter boots or shoes and watching carefully where you are walking.

Ultimately, however, it is the owner of a property who has a duty to visitors and guests to keep the property reasonably safe, and if a pedestrian is hurt as a result of a slip and fall on ice, the pedestrian may be able to take legal action to recover damages from the property owner.
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November 28, 2012

Preventing Holiday Auto Accident Deaths in Massachusetts

by Jeffrey S. Glassman

The time between Thanksgiving and New Years Eve is among the most dangerous periods to be on the road in Massachusetts and throughout New England. Recently, Boston.com reported that more accidents occur during the year-end holidays than at other times throughout the year, in large part because of more travelers as well as an increased risk of drunk and aggressive driving.

As you enter into the holiday season, our Boston personal injury attorneys urge you to understand the increased risk of auto accidents and to take steps to avoid the most dangerous behaviors that contribute to such wrecks.

The Causes of Holiday Auto Accidents
There are many reasons why the number of accidents increase from Thanksgiving to New Years. One reason is that there are simply more drivers on the road as people go see friends, take trips and travel for the holidays. The bad winter weather may also contribute to the increased car accident risks. However, while these factors are beyond the control of drivers, there are also some driver behaviors that significantly up the chances of a holiday car wreck.

Law enforcement officials have identified three specific behaviors that tend to be factors responsible for causing holiday auto accidents. CBS Boston reports that state police in Massachusetts as well as the five other New England States will be teaming up to help put a stop to these behaviors this holiday season.

The behaviors of concern that lead to crashes over the holidays include:

Driver aggression
Driving while under the influence of drugs or alcohol
Driving while distracted

Each of these behaviors presents some serious dangers. For example, the National Safety Council (NSC) indicates that speeding, a form of aggressive driving, is a contributing cause of one out of every three deadly car crashes in the U.S. The AAA Foundation for Traffic Safety statistics also indicate that aggressive driving is a factor in 56 percent of U.S. fatal car crashes. Aggressive driving behaviors of concern include speeding, tailgating, failing to give another driver the right-of-way and engaging aggressively with another driver.

Distracted and drunk driving are no less dangerous. Statistics from Distraction.gov indicate that 3,092 car accident deaths in 2010 can be attributed to distracted driving and the Century Council reports that there were 114 drunk driving deaths in the state of Massachusetts in 2010. Distracted driving can include driving while on a cell phone, while texting or when otherwise focusing on anything besides the road. Drunk driving typically refers to driving with your blood alcohol content exceeding .08, but can also include other situations where your driving abilities are impaired by either alcohol or drugs.

Avoiding Auto Accident Dangers This Holiday Season
Law enforcement hopes that tougher enforcement, a larger police presence and driver education will help to curb these dangerous behaviors this holiday season. As a driver, you should be aware of the increased risk, however, and you should also be aware that you have legal rights if other drivers are careless or break the laws and cause you harm.
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November 26, 2012

Springfield Natural Gas Explosion Causes Injury

by Jeffrey S. Glassman

On November 23, 2012, a Columbia Gas Co. worker responded to reports of a gas leak in the Springfield entertainment district. The worker followed markings intended to identify the location of the gas line and, working an appropriate distance away from where the gas line was supposed to be, used a metal tool intended to drive a hole to see if any gas was leaking outside. The tool, which was supposed to discover the source of the gas leak, unfortunately punctured a high-pressure gas line instead. A devastating explosion resulted, causing damage to 42 buildings and injuring 20.

According to USA Today, Columbia Gas Co. reported that the worker followed proper protocol and did what he was supposed to do. Unfortunately, the markings indicating the location of the gasline was outdated, thus leading to the terrible explosion.

Our Boston personal injury attorneys are concerned for the victims of this explosion and are also concerned that this explosion is a harbinger of things to come.

The infrastructure in many major cities is aging, and CleanTechnica recently reported that Boston University and Duke University Researchers had identified more than 3,000 gas leaks in the aging pipelines within Boston. Natural gas leaks present very real dangers to people living near them, and explosions like this recent Springfield explosion may begin to occur more frequently if steps aren’t taken to make gas pipelines safer.

The Springfield Natural Gas Explosion
The Springfield natural gas explosion was a major one, with WDHD quoting a witness who described the aftermath as similar to the effects of a hurricane. Windows were blown out in buildings within a three block radius; a strip club was flattened; a daycare was severely damaged and three large buildings were damaged beyond repair. A six-story apartment building and more than 115 housing units were all affected by the blast.

Despite the massive destruction of property, however, those in the vicinity were relatively lucky as there were no fatalities in this explosion and only around 20 injuries. Most of the people who suffered injury were utility workers, police officers and fire fighters who took cover behind a utility truck immediately prior to the explosion. The truck was demolished, but saved the lives of the workers and the first-responders. Many lives were saved as a result of swift action on the part of the utility workers and firefighters in evacuating residents and individuals in nearby buildings.

The Consequences of the Natural Gas Explosion
With 42 buildings immediately condemned and 24 others requiring additional evaluation by structural engineers, this explosion caused millions of dollars in property damage. Those who were injured will also incur costs for treatment. Columbia Gas Co. intends to open a claims center on Monday for businesses and residents who were impacted by the explosion.

Those injured in a natural gas explosion may have legal recourse against the company that was responsible for the accident. Injured victims may recover damage for their financial losses as well as for other losses resulting from pain and suffering and medical expenses.
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November 25, 2012

New APP Speeding Up Ticket Purchases with MBTA

by Jeffrey S. Glassman

Recently, customers of the Massachusetts Bay Transportation Authority’s (MBTA) four commuter rail lines were offered apps to allow them to purchase tickets to ride the train on their smartphones instead of using paper tickets.

This app is the first of its kind in the nation. It’s available through the MBTA mTicket app for Andriod and the iPhone. All a user has to do is show the ticket on the screen of their phone. It’s a digital “flash pass” that contains an encrypted bar code.

“The new MBTA mTicket application is the latest innovation from MassDOT and the MBTA.” said Richard A. Davey, CEO and Secretary for the Massachusetts Department of Transportation (MassDOT).

Our Boston personal injury attorneys understand that customers can buy tickets in a matter of seconds now. The downloaded tickets are stored in the users “ticket wallet.” Now, customers don’t have to worry about losing their ticket. And even if you lose or break your cell phone, you can just transfer the tickets at any of the MBTA’s customer service locations. This is also helping customers to get out of those pesky surcharges that accompany paper ticket purchases. It’s also a lot easier, more convenient and even faster as riders don’t have to wait in line to purchase tickets anymore. It’s all done in the palm of your hand.

Lines Participating in the Pilot Project (Phase 1):

-Newbury/Rockport

-Haverhill
-Fitchburg
-Lowell
The second phase of the pilot project will allow customer using the Old Colony, Greenbush, Providence, Fairmount, Franklin and the Worcester Commuter Rail Lines to purchase these paperless tickets.

Customers will also soon be able to get monthly passes to ride on their phones. That’s expected to launch in the beginning of 2013. Pretty soon, there will be no more paper tickets left to ride with the MBTA.

And customers seem to be warming up to this new technology. According to the most recent reports, the app has been used about 6,000 times since it was released. The Boston Globe reports that this app is more cost effective than installing ticket machines at all of the Commuter Rails. Money is being saved and riders are having less time to wait in lines. It’s a win-win for everyone.

“There’s been a lot of positive feedback — many are excited about the app and it’s more convenient for them,” said acting General Manager Jonathan Davis.

You can get the app and buy these tickets with just a credit card. The ticket will appear black and white on your screen until you hit “activate.” Upon doing this, the ticket will pop into color and you’re ready to go!

It’s not only the customers who are liking the new app either. Conductors are saying it’s making everything a lot easier, too! Lines are dwindling, confusion is simmering and we’re saving a lot of trees in the process.

Don’t worry BlackBerry users. An app for your phone is currently in the works!
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