Boston Injury Attorney Blog

This June, the League of American Bicyclists deemed Massachusetts 9th on its list of the most "bike friendly" states in the country. The predominant factor in the high ranking was the emphasis the state has placed on bicycle and pedestrian safety. While it is nice to see that Massachusetts has relatively less bicycle accidents and fatalities in comparison to other states, motorists are still urged to drive with care as to further decrease the number of bicycle accidents in the state.

According to Massachusetts Department of Transportation Secretary and CEO Jeffrey Mullan, "the key to these honors has been the teamwork across division in recognizing and promoting the value of bicycling ... as Mass DOT becomes focused on customer service and safety." The Department of Transportation has worked diligently to ensure the highest levels of pedestrian and bicyclist safety possible in Massachusetts. Despite their efforts, bicycle accidents do occur with some regularity in the state.

The National Highway Traffic Safety Administration conducted a 2009 study which found that nearly 650 American bicyclists suffered fatal injuries after motor vehicle accidents. Another 51,000 suffered injuries from bicycle-automobile collisions. Closer to home, nearly 10 percent of these bicycle fatalities occurred in Massachusetts. It is important to remember that bicycles are considered vehicles and share the same rights and responsibilities as operators of traditional vehicles on the road. If a bike accident is the result of reckless or negligent driving, the driver may be responsible for the injured bicyclists medical bills, pain and suffering, loss of wages, and loss of potential future earnings.

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In the early morning of June 19th, a Massachusetts motorcyclist was killed after colliding with another motorcycle on the Massachusetts Turnpike in Natick, near the Weston, Massachusetts line. According to Massachusetts State Police, the fatally wounded victim was a 40-year-old man from Springfield, Massachusetts. The other motorcyclist the man collided with was a 43-year-old Northborough, Massachusetts resident. That man suffered serious injuries and was send to the MetroWest Hospital.

In a study by the National Highway Traffic Safety Association (NHTSA), there were 54 fatal motorcycle accidents in Massachusetts in 2009. Only 25 percent of all motorcycle accidents were single-motorcycle crashes. Instead, most involved other motor vehicles. Motorcyclists have the same legal rights as other vehicles on the road. Motorcyclists also have a duty to abide by traffic laws and driving regulations.

Massachusetts bikers are protected under state law, which makes negligent drivers responsible and liable to injured motorcyclists. A motorcyclist involved in a motorcycle accident can be compensated for any injuries caused by another driver's negligence. Damages can include medical expenses, pain and suffering, loss of employment, loss of daily enjoyment, etc.

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On June 19, a Framingham, Massachusetts pedestrian was struck by a tractor trailer on the Massachusetts Turnpike, eastbound in Framingham. The 45-year-old woman was airlifted to Beth Israel Hospital in Boston, Massachusetts to treat serious injuries she suffered as a result of the accident. Massachusetts State Police shut down the right lanes of the Turnpike, near mile market 113 after the pedestrian accident, so the injured woman could be quickly transported to the hospital via helicopter.

The injured pedestrian suffered numerous injuries as a result of the accident, but was reported to be awake and talking when she arrived at Beth Israel Hospital. State Police are currently investigating why the woman was walking on the Massachusetts Turnpike. While the details of the accident are still being sorted out, it is important to note that pedestrian accidents are not an uncommon occurrence in Massachusetts. According to the Massachusetts Office of Public Safety and Security, nearly 1/4 of all motor-vehicle related fatalities in Massachusetts involved pedestrians. Most pedestrian accidents are the result of a driver's negligence.

Pursuant to Massachusetts law, pedestrians are granted the "right of way" when walking along roadways, especially inside crosswalks. Vehicles must be cognizant of pedestrians, slow down, and pass only when safe to do so. Pedestrians must also exhibit reasonable caution when crossing roads, but more often than not, a driver's failure to operate the vehicle safely is to blame for pedestrian accidents.

Continue reading "Framingham, Massachusetts Pedestrian Recovering After Being Struck by Trailer on Massachusetts Turnpike" »

On June 19, a dozen Massachusetts partygoers sustained multiple personal injuries when a two-story porch collapsed in Jamaica Plain, sending them plummeting to the ground. The porch was part of a multi-family unit on Nira Avenue in the historic Boston neighborhood. The injured guests were all transported to Massachusetts General Hospital and were treated for their injuries. According to a Boston firefighter responding to the accident, the "the floors of the porch pretty much stayed together, so when they came down they came down as one...that certainly helped, as far as people having life-threatening injuries." The extent of the injuries has yet to be reported.

Porch collapses can cause catastrophic injuries and/or death. Often times, personal injury or premises liability lawsuits can arise from a porch collapse. In Massachusetts, property owners can be held responsible for injuries or fatalities caused by the negligent maintenance or construction of their property. Additionally, a property owner may be held liable in tort for defects on his property that lead to personal injuries. For social guests and customers of a business, a property possessor has a duty to protect from all conditions concealed from the guest and known in advance by the property possessor. In short, the possessor of property must protect visitors of his property from defects to the extent of a reasonably prudent person. A reasonably prudent person would likely not allow his property to regress into such disrepair as to cause a porch collapse.

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Early on June 12th, two Boston, Massachusetts women suffered injuries after they were struck by a taxi cab in Boston's South End. The accident occurred at around 1:15 a.m., near Beacon and Mountfort Streets. Although the injuries were described by Boston police as non-life threatening, the two women were transported to area hospitals for treatment. The 24-year-old was taken to Beth Israel Hospital and the 26-year-old was taken the Mass. General Hospital.

The accident remains under investigation and thus far no charges have been filed. A taxi cab, like any other vehicle on the road, must adhere to all traffic and safety laws. Like all other motorists, taxi drivers must also practice safe driving. Additionally, the owner of a tax cab may be liable, vicariously, for their employees actions, so long as the driver is acting within the scope of his duties when the accident occurred and is currently in an employment relationship with the company.

In this case, since the taxi driver was on duty and on his designed route when he struck the two women, both he and his company are potentially liable if suit were to be filed.

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On June 10, the family of a 4-year-old Dudley, Massachusetts boy killed in an escalator accident filed a lawsuit in Worcester Superior Court alleging that negligence contributed to their son's untimely death. The suit stems from an incident earlier this year, when an escalator at the Auburn Mall in Auburn, Massachusetts claimed the life of the young boy. The accident occurred when the boy fell two-stories through a 6-inch space of an escalator inside Sears at the Mall.

The family filed suit against Sears, the Simon Property Group, the Auburn Mall, Schindler Elevator Company, and Botany Botany Bay Construction Co., seeking an unspecified amount of damages for the alleged negligence. Escalators must meet established safety codes in the state. They must also pass regular safety inspections to ensure they are in proper working order. Under Massachusetts law, it is the responsibility of the owner of an escalator to ensure that it is safely maintained. Any possible hazards or malfunctions need to be addressed as quickly as possible to ensure the escalator is safe to ride and avoid liability in the unfortunate case of injury or death as a result of an accident. Additionally, scheduled inspections must occur yearly and must identify potential problems. Otherwise, as is the case here, individual inspectors may be held liable for negligent inspections.

Of the 927 escalators in Massachusetts, a recent state inspection revealed that 69 of these were missing essential safety mechanisms, which serve to prevent accidents and falls. Aside from missing escalator parts, substandard maintenance and mechanical defects can also be the cause of an injury and/or death. Again, the owner of the escalator must diligently maintain his property in order to avoid liability in the event of an accident.

Continue reading "Massachusetts Family Files Wrongful Death Lawsuit After Son's Escalator Accident" »

Last month, the Waltham, Massachusetts City Council reviewed the city's ordinances for "vicious dogs." The inspection came on the heels of a letter sent to the City Council from Mayor Jeannette McCarthy, who requested an expansion of Waltham's vicious dog ordinances. The Mayor stressed that she had been approached multiple times by people complaining that dangerous dogs were frequently roaming their property, but there was nothing the city could do because the dog could not be classified as a "vicious dog."

The city's definition of a vicious dog is "any dog with a known propensity, tendency or disposition to make unprovoked attacks, cause injury to persons, or otherwise endanger the safety of human beings or domestic animals." Mayor McCarthy has requested the Ordinance and Rules Committee to write a more specific law, which would require all owners to safely keep their pets in their yards. The Mayor wants to begin mailing notices and subsequent fines to dog owners who let their dogs roam free in Waltham. McCarthy told the Waltham News Tribune that "We're trying to put the owners on notice that we have the leash law and that includes the appropriate measures to keep it, if you're going to keep it unleashed, in your yard." The Council is set to meet in the near future for a final vote on the proposed changes.

Massachusetts state laws for dog bites have been regarded as highly effective in protecting victims, especially young children. Pursuant to the state law, a dog owner is strictly liable for dog bites, unless the victim was trespassing, teasing, or abusing the dog. A child under age 7 is presumed to have no contributory fault in the event of a dog bite, but that presumption is rebuttable. Further, a person injured by a dog in Massachusetts can also advance a negligence claim against a dog owner as a cause of action.

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An injured Massachusetts construction worker was recently awarded $1.85M in the case of Wiggins v. Dimeo Construction, heard in Middlesex Superior Court in front of Judge Bruce Henry. The 45-year-old plaintiff construction worker was working at the Natick Mall, in Natick, Massachusetts, when he fell through an unguarded second-floor opening in an exterior wall of the building. The opening in the wall was part of an unfinished construction project being undertaken by the defendant construction company. The plaintiff sustained multiple injuries in the construction accident, including severe fractures of both feet and ankles, which were unable to be surgically repaired.

In the case, the injured construction worker alleged that the defendant construction company failed to properly secure the opening, creating a known hazard for workers and the public. The defendant conceded that the opening should not have been left unsecured, but argued that the plaintiff was nonetheless trespassing when he fell and was injured. The jury in the case, however, was unconvinced.

The worker's injuries precluded him from working for a full year. He did not make any claims for lost wages, but a claim for lost past and future earning capacity was entered. In all, the jury determined that the defendant construction company's negligence was the ultimate cause of the accident. However, the jury did find that there was some contributory negligence on the part of the plaintiff, attributing 26-percent fault to him. In all, he was awarded $1.85M for his injuries and lost earning capacities.

Unfortunately, construction accidents are not an uncommon occurrence in Massachusetts, as they have been the cause of many injuries and fatalities. Often times, a construction company's negligence can be directly attributed to the accident. Workers' compensation can cover some of the lost earnings and medical bills attributable to the injury, but a worker with permanent losses and disabilities from a work injury may not be sufficiently covered. As such, it is imperative that competent legal counsel is sought as soon as possible to begin investigating the particulars of the case.

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