Boston Injury Attorney Blog

In August, the New Balance Hubway bike-sharing program was launched at City Hall Plaza in Boston. Salem has also implemented its own bike-sharing plan while Somerville may start one within the year.

While many are excited about the new cycling opportunities, some are concerned about a possible increase in bicycle accidents and injuries. The Boston Hubway program consists of more than 60 kiosks scattered around the city, which allows bicyclists to rent one of 610 available bikes. A rental costs $5 for a 24-hour period or $12 for a 3-day rental. An annual Hubway membership is priced at $85.

Like all bicyclists, Hubway users are urged to ride with caution and to abide by all traffic laws to avoid Boston bicycle accidents. It is important to remember that all traffic rules and regulations apply to equally to automobiles and bicycles in Massachusetts.

Unfortunately, bicycle accidents causing injury and/or death are not uncommon. A 2009 study conducted by the National Highway Traffic Safety Administration (NHTSA) found that there were 10 bicyclist deaths in Massachusetts and countless more injuries. As such, some common riding procedures should be practiced to prevent bicycle accidents:

- Wearing bright colored clothing, especially at night.

- Riding with the flow of traffic, not against it.

- Riding only in bicycle-safe pathways and roads, never on highways or congested streets.

- Riding defensively and leaving room to react to any unforeseen automobile maneuvers.

Click here to learn more about bike sharing in Boston.

Continue reading "Boston Launches Hubway Bicycle Program With Goal for Safety" »

A Haverhill, Massachusetts man has recently been charged with motor vehicle homicide by negligent operation and failing to slow for a pedestrian in a crosswalk after fatally striking a Massachusetts pedestrian last fall.

The 67-year-old driver was traveling on School Street in Haverhill when he struck the 74-year-old woman. According to the Eagle Tribune, the driver told Haverhill police that he was on his way back home after visiting the Essex County Probate Court in Salem and was not under the influence of drugs or alcohol. A trial date has been set for September 15 in Haverhill District Court.

Pedestrian accidents are a growing concern in Massachusetts. According to the Massachusetts Office of Public Safety and Security, nearly 1/4 of all motor-vehicle related fatalities in Massachusetts involve pedestrians. Non-fatal pedestrian injuries are even more common in Massachusetts and on the national stage. In fact, the National Highway Traffic and Safety Administration notes that a pedestrian injury occurs once every 8 minutes.

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. Drivers must be cognizant of pedestrians, slow down, and pass only when safe to do so. Pedestrians must also exhibit reasonable caution when crossing roads.

Click here to read more about this case in the Eagle-Tribune newspaper.

Continue reading "Driver Charged in Fatal Pedestrian Accident in Haverhill" »

A recent study conducted by the AARP Public Policy Institute has ranked Massachusetts 30th of all U.S. states in affordability, quality, and availability of long-term nursing facilities and at-home nursing care. With prohibitively high costs, lackluster quality, and limited accessibility, Massachusetts seniors are often going without the nursing care they require and deserve.

In the study, it was discovered that only Maine, New York, Connecticut, Rhode Island, and Alaska had higher nursing care costs. According to a Boston Globe article, one in seven seniors in Massachusetts are paying for nursing home care with their own personal funds. Often times, these funds are not enough to cover the escalating costs of care in the state. Massachusetts AARP director Deborah Banda argues in the Globe that nursing care costs need to be addressed by state leaders as part of the healthcare overhaul in Massachusetts, stating that "this really screams that we need to have affordability as a part of the discussion about payment reform."

Moreover, despite Governor Deval Patrick's efforts to increase at-home and community-based care in Massachusetts, the state ranks 40th for low-income nursing services. The report also showed that Massachusetts spends far less than other leading states on state-funded long-term care for our elders. Dr. JudyAnn Bigby, the state's secretary of Health and Human Services, notes in the article that state leaders are working to devote more attention to seniors in need as part of the changing healthcare landscape. For now, though, Massachusetts lags behind the vast majority of states in terms of overall senior care.

According to Massachusetts attorney Peter Bellotti of the Bellotti Law Group, "Senior citizens are perhaps the most vulnerable and defenseless demographic in our society." As our senior population continues to rise, many families have trusted nursing homes to provide quality care for their loved ones.  Unfortunately, nursing home abuse and nursing home neglect is all too common.  As attorney Bellotti notes, "What is most discouraging...is that the majority of nursing home abuse and neglect cases go unreported."

Unfortunately, this can take many forms--physical, emotional, mental, financial, and sexual. Signs of nursing home neglect and abuse are often identifiable.  Physical abuse is frequently evidenced by bedsores and bruises, broken bones, medication overdose, and sudden or unexplained sickness or weight loss. Neglect often translates into dehydration, malnourishment, poor hygiene, and dirtied bedding. Emotional abuse is often easier to pinpoint, mainly by the elders' loved ones who are familiar with their personality traits. 

Nursing home regulations are comprised of a mixture of federal and state laws.  Massachusetts nursing home residents have a right to sanitary and safe living conditions, proper medical care, physical necessities, and freedom from suffering injuries, abuse and neglect. Under federal law, a nursing home "...must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being [for each resident]..." Massachusetts regulations, developed by the Department of Public Health and Massachusetts Attorney General, further secure these rights.  Yet, these guidelines are often ignored, at the expense of our elders.  Many times, nursing home facilities are so understaffed, they knowingly hire repeat offenders and unqualified caregivers.  We all have fond memories of our parents and other loved elders being the strongest, most vibrant people in our lives.  It is difficult to see our loved ones age.  At the very least, however, these people have earned the right to the best possible care, security, and comfort. 

Continue reading "Massachusetts Nursing Home Care Quality Ranks 30th in U.S." »

Boston University recently sponsored a "Bicycle and Pedestrian Safety Day" on its Charles River Campus, promoting efforts to save lives by safeguarding against bicycle collisions and pedestrian accidents.

According to BU Today, the number of bicyclists on the Charles River Campus has increased 69 percent over the past four years. Boston University Parking & Transportation Services attributes to increase in cycling to the addition of designated bicycle lanes on Commonwealth Avenue and the BU Bridge. The program is geared to educate student cyclists about the unique challenges and dangers of bicycling in a busy city. As the article notes, "bicycling in the city comes with a host of special challenges, particularly for those used to riding on less-trafficked suburban streets...there are MBTA's Green Line trolleys and thousands of cars, many driven by people who are not bike sensitive."

According to the Boston Police Department, there were 340 bicycle-related accidents in 2010, including 6 fatal accidents. While biking in the Greater Boston area comes with a heightened risk of pedestrian and cycling accidents, there are parts of the city with greater than average accident rates.

According to a 2009 accident survey conducted by "Boston Bikes," a program run by Boston Mayor Menino's office, Commonwealth Avenue, particularly around the BU Bridge, is the most perilous area in the city for cyclists. Contributing to this increased incident of Boston cycling accidents is the high amounts of pedestrian and vehicular traffic, busy roadways, and congested sidewalks.

In an effort to make Boston roads more bicycle-friendly, the city has recently added new "bicycle lanes" on many high-traffic roads. The new bicycle lanes have come at an appropriate time, as Boston recently launched the new "Hubway" bike-sharing program. With the ability to rent bicycles in the city, other motorists can expect to share the road with even more cyclists. This means that motorists must always be cognizant of the presence of cyclists, especially in the designated lanes on busy streets.

According to Massachusetts bicycle accident lawyer Peter Bellotti of the Bellotti Law Group, "It is important to remember that under Massachusetts law, bicycles are considered vehicles, with the same freedoms and responsibilities as other vehicles on the road. Cyclists must follow all traffic rules and regulations, to the same extent as their four-wheeled counterparts. If traffic laws are not followed by drivers or cyclists, liability for injuries or other damages can be imposed."

When a bicycle accident is caused by reckless or negligent driving, the driver may be responsible for the injured bicyclist's medical bills, pain and suffering, loss of wages, and loss of potential future earnings.

Continue reading "Boston University Hosts Bicycle and Pedestrian Safety Day " »

As summer fades and thousands of Massachusetts adolescents return to school, traffic safety rules and avoidance of pedestrian accidents has once again taken center stage. One Massachusetts town, North Attleboro, has taken a proactive approach in reducing pedestrian accidents as a new school year begins.

Recently, North Attleboro Police Chief John J. Reilly told The Sun Chronicle that his department is instituting a new "Traffic Enforcement Program," which will include crosswalk sting operations. The Chief went on to note that North Attleboro police will be increasingly vigilant in enforcing traffic safety rules as the school year will bring an increase in vehicular and pedestrian traffic, often involving small children. The police will also be issuing tickets for parking violations, especially in handicap and fire lanes, as well as vehicles parked on sidewalks, according to Chief Reilly.

Massachusetts drivers should note that pursuant to state law, motorists must stop for pedestrians in crosswalks. According to Chief Reilly, under the new North Attleboro Traffic Enforcement Program, failure to stop for a pedestrian in a crosswalk will bring a $200 fine on the offending driver.

Failure to stop in a crosswalk is not the only vehicular offense with increased penalties and surveillance under the plan. The town has now reduced the speed limit from Fisher and North Washington streets to Chestnut and South Washington streets in North Attleboro to 20 mph. North Attleboro police will conduct increased radar enforcement in the area.

Lastly, the North Attleboro police reminded bicyclists and skateboarders that these vehicles are prohibited on sidewalks in the downtown area, due to higher amounts of pedestrian traffic.

In all, it's an encouraging sign to see North Attleboro taking proactive steps to reduce the number of pedestrian accidents in town. As the new school year approaches, it is advisable that parents instruct their children to always look both ways before crossing streets and to only cross when absolutely safe to do so. Sadly, many pedestrian accidents involving younger children occur because smaller children are more difficult for motorists to see and often step out into the road unpredictably. On the same token, it is imperative that drivers employ an increasingly heightened awareness and safe driving maneuvers in areas frequented by young children, particularly school zones. Otherwise, a driver may be held negligent in the case of a pedestrian accident.

Click here to read more about North Attleboro's traffic safety program.

Continue reading "Reducing Pedestrian Accidents in North Attleboro" »

Route 1A in Revere, Massachusetts has become notorious for speed-induced pedestrian accidents. In early September, yet another pedestrian accident occurred when a 22-year-old Massachusetts woman sustained serious personal injuries after being struck by a vehicle on the dangerous stretch of road. The vehicle was driven by a 47-year-old East Boston man. The motorist was arrested and charged with motor vehicle homicide and leaving the scene of the accident after hitting the young woman. The victim was transported to Massachusetts General Hospital right after the accident, but was unable to be revived.

Though tragic, this pedestrian accident has sparked a push in Revere for more stringent patrolling of traffic safety rules on Route 1A. In fact, following the motor vehicle accident, Revere City Councilor John R. Correggio filed an emergency motion with the City Council requesting the Massachusetts State Police and Revere Police be more vigilant in curbing excessive speeding on Route 1A.

Correggio told The Daily Item that the motion asked for "stricter enforcement as far as the State Police working along with Revere Police to address excessive speeding." He went on to note that "this has been an ongoing problem for years and there's been numerous accidents." Revere Mayor Thomas G. Ambrosino also weighed in, noting that "there's always excessive speeding on the highways, but any additional law enforcement is helpful." The Mayor added that because speeding is so prevalent on Route 1A, it is a particularly hazardous stretch of road to cross on foot.

Pedestrian accidents resulting in injuries and/or death are unfortunately not an uncommon problem in Massachusetts. More often than not, a driver's negligence is to blame for the accident. All drivers have a duty to drive carefully and attentively, especially in areas of high foot traffic. If a motorist breaches this duty an causes an accident, he can be held negligent and liable for the accident. Additionally, all pedestrians are urged to walk in designated safe areas and to cross busy roads only in crosswalks to minimize the risk of a pedestrian accident.

Click here to read more about this Revere pedestrian accident.

Continue reading "Revere Car Accident Prompts Calls for Stricter Speeding Enforcement on Rte. 1A" »