Boston Injury Attorney Blog

Last month, the National Transportation Safety Board (NTSB) recommended a full national ban on the use of cell phones, including non-emergency calls and text messaging, while driving. If adopted by states, including Massachusetts, any use of either hand-held or hands-free devices while driving will be entirely banned.

The NTSB is fervently recommending the total ban on cell phones as distracted drivers and car accidents are responsible for an increasing number of car accident injuries and deaths, in Massachusetts and across the nation. The NTSB fears that as the number of portable smart phone users continues to dramatically increase, the risk of car accidents because of their use while driving will follow.

In a study released by the National Highway Traffic Safety Administration (NHTSA), at any given time during the day, a staggering 13.5 million drivers are on hand-held phones. The NHTSA claims that last year alone, distracted driving was blamed for at least 3,092 fatalities on the road. In Massachusetts, there were over 400 reported car crashes where cell phone usage was deemed a contributing factor. Those numbers, in Massachusetts and on the national stage, are likely higher in reality, where distracted drivers involved in car accidents are often hesitant to confess cell phone use, especially when personal injuries and/or fatalities result. According to NTSB member Robert Sumwalt, "This (distracted driving) is becoming the new DUI. It's becoming epidemic." In fact, distracted driving has become so prevalent that accident investigators, in Massachusetts and across the nation, now often seek protective orders to preserve cell phones as evidence.

Pursuant to current Massachusetts law, there is a complete ban on texting-while-driving. Any motorist caught texting behind the wheel faces a $100 fine for a first offense and up to $500 for repeat offenses. The law is even more stringent for teen drivers, who most frequently practice the unsafe habit. Adolescent drivers under age 18 who are caught texting will be fined $100 and lose their license for 60 days. Massachusetts was the 30th state in the nation to launch a texting ban. According to Senator Steven A. Baddour of Methuan, Massachusetts, Chairman of the Joint Committee on Transportation, "This law sends a clear message to all drivers regardless of age that when behind the wheel, your primary focus should be driving." Boston personal injury attorney Peter Bellotti agrees with this sentiment, adding that "as smart phone use continues to be more and more prevalent, we must remember that when we're behind the wheel, our focus should be on driving to minimize the risk of car accidents."

The car accident attorneys at Bellotti Law Group are well aware of the risks of personal injury and/or death associated with distracted driving. Most often, personal injuries from motor vehicle accidents are the result of another driver's negligence. The personal injury lawyers at our firm are well versed in the law and experienced in obtaining the compensation deserved by drivers injured as a result of another's negligence. We ensure that your medical bills and paid and normalcy is restored to your life. We work with insurance companies to obtain the best possible settlement and if necessary meticulously prepare to litigate on your behalf.

Bellotti Law Group has successfully handled thousands of cases in Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Contact us today at 617-225-2100 or toll-free at 800-334-3476. You can also contact us through our online form and we will promptly respond.

Earlier this week, an 18-year-old Billerica, Massachusetts man died after being struck by a vehicle on Route 128 South in Lynnfield, near the Route 1 tunnel, north of Boston. A 17-year-old Massachusetts woman, also from Billerica, sustained severe personal injuries following the pedestrian accident. Massachusetts State Police and Lynnfield Police and Fire responded to the scene. The teens were rushed to Massachusetts General Hospital following the accident.

According to the state police, the young man died at the scene and the young woman was left suffering from life-threatening personal injuries. Traffic was halted on Rte. 128 South and nearby on-ramps were closed as a result of the motor vehicle accident. The Massachusetts State Police report noted that the two teens were occupants of a car that had stopped in the median of Rte. 128 South, when they "exited the vehicle and were standing in the travel lane when they were both struck by a second vehicle." The pedestrian accident remains under investigation. Troopers with the State Police Detective Unit and the Collision Analysis and Reconstruction Section, plus the Crime Services Section, are among those investigating.

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. 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. All drivers have a duty to drive carefully and attentively, especially in areas of high foot traffic. If a motorist breaches this duty and causes an accident, he can be held negligent and liable for damages caused by the accident. Additionally, all pedestrians are urged to walk in designated safe areas and to cross busy roads only in crosswalks, after carefully ensuring it is safe to cross, to minimize the risk of a pedestrian accident.

"The holidays are an especially dangerous time for pedestrian accidents, as traffic increases, the days get darker and the weather changes," said Boston personal injury lawyer Peter Bellotti. "More drivers are on the road for holiday shopping and gatherings and are not as focused on obeying traffic laws as they should be."

If you have been injured, contact the experienced Quincy and Cambridge pedestrian accident lawyers at Bellotti Law Group. Our Massachusetts pedestrian accident lawyers can inform you about your rights to seek compensation, including medical expenses, lost wages and pain and suffering.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Our offices are located in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476.You can also contact us through our online form and we will promptly respond.

Continue reading "Massachusetts Pedestrian Accident on Rte. 128 Kills Billerica Man" »

Last month, the Massachusetts Department of Environmental Protection (DEP) levied a $41,235 fine against a Natick real estate broker for improper asbestos removal from a Worcester home built in 2009. The fine came after the broker improperly hired the home's general contractor, who lacked the requisite license, to remove asbestos insulation. DEP inspectors discovered that the asbestos had not been properly removed, handled, packaged, or labeled after visiting the home and the storage facility where the asbestos was transferred in Upton, Massachusetts. In addition to the hefty fine, the agency required the broker to hire a licensed asbestos contractor to remove additional asbestos from the home's basement and to decontaminate the storage facility.

Massachusetts workers, tenants, and the general population are protected by a plethora of Federal and Massachusetts safety regulations to minimize the risks of asbestos exposure. Often, these regulations require following specific and detailed protocols. Martin Suuberg, director of the DEP's regional office in Worcester, told the Metro Daily West that "contractors and operators involved with building renovation work must be fully aware of their responsibilities." He went on to note that "as this case illustrates, noncompliance with the asbestos regulations will result in significant penalty exposure."

Asbestos removal is highly regulated under Federal and Massachusetts state laws. If asbestos is in good condition and does not pose an imminent health risk, there are no laws that explicitly require its removal. However, homeowners and contractors are required to keep asbestos in good repair to prevent releases of visible or particulate asbestos emissions. If a renovation or repair activity could potentially cause damage to asbestos material, laws require that the asbestos be removed prior to the activity. A state-certified asbestos consultant should be hired to determine if asbestos is present and whether removal is necessary. Only licensed asbestos contractors and consultants may be hired to perform asbestos-related work in Massachusetts.

There is a single notification form to file with the Massachusetts Department of Environmental Protection and the Department of Occupational Safety prior to any asbestos removal. The DEP requires notification for any asbestos handling project, including disposal, at least ten working days prior to conducting any asbestos-related work. Additionally, under DEP regulations, most construction/demolition projects require a ten working day notification prior to beginning the job, regardless of whether it involves asbestos. It is important to note that all asbestos waste materials must be sealed in leak-tight containers prior to disposal. Additionally, proper identifying and warning labels required by DEP, DOS, OSHA, EPA, and DOT must be displayed on the container. Finally, asbestos is regulated as a special waste and must be disposed in an approved landfill that accepts asbestos-containing waste material.

The dangers asbestos exposure poses, particularly mesothelioma, are well known. According to Boston attorney Peter Bellotti, "Massachusetts and Federal regulations regarding the handling, labeling, transportation, and disposal of asbestos are stringent because of the many health risks asbestos presents." Consequently, it is imperative that homeowners and contractors adhere to the guidelines to avoid personal injury and medical complications. Historically, many Massachusetts workers and homeowners were unwittingly exposed to the dangerous material. Today, safety regulations are in place to avoid the health risks asbestos presents.

If you have been diagnosed with a medical condition, particularly mesothelioma, after being improperly exposed to asbestos, there exists legal redress. However, it takes skilled and knowledgeable legal professionals to navigate this complex area of law. The lawyers at Bellotti Law Group will employ their full dedication, experience, and legal acumen to your case. You don't have to face the legal system alone. Contact BELLOTTI LAW GROUP today to discuss your case and options or fill out our contact form.

Last month, a Boston, Massachusetts woman sustained life-ending personal injuries after falling five stories through a skylight on the roof of a South Boston office building, located at 281 Summer Street. Boston police and the Suffolk County district attorney's office are now investigating the incident. Officer Eddy Chrispin told the Boston Globe that the fatal fall appeared to be accidental and likely did not involve drugs or alcohol. Boston police did note, however, that the building's roof was not readily accessible to inhabitants. The Suffolk district attorney's office refused to identify the victim of the fatal fall, noting only that she was in her early 20s. Thus far, no premises liability charges have been brought against the New Jersey-based owners of the building, Normandy Real Estate Partners. However, the company is cooperating with investigators in Massachusetts to determine the cause of the accident. Although this tragedy seems rare, it follows another fall through a skylight in Massachusetts this past spring, when a young man fell through a skylight on a roof in Brookline. In that case, the victim was more fortunate, sustaining only minor personal injuries.

According to Massachusetts state and federal law, building owners have a duty to keep their property reasonably safe and free of hazards that are known or should be known to potentially cause personal injury. Failure to maintain safe premises can result in liability for property owners and/or property management companies. The duty to secure property not only includes the removal or repair of hazards, but precluding access to unsafe areas, like building rooftops, if there exists an unreasonable risk of injury by entering the area. To avoid premises liability for personal injury and/or death, building owners are required to at least provide adequate warning of such dangers. If property owners or management companies have negligently failed to maintain safe premises or provide adequate warning, they can be held liable for any damages. Boston attorney Peter Bellotti notes that "often, visitors of property have no way of knowing about potential hazards that exist on the premises. Thus, by law, property owners, and possibly property management companies, have a duty to reasonably secure the premises to minimize the risk of personal injury. At the very least, adequate warnings should be given to safeguard against tragic accidents like this recent fall."

Under Massachusetts state and federal law, the exact duty owed to injured parties on premises varies with the class of the victim. 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. Pursuant to this case, a reasonably prudent person would likely not allow visitors on the roof of an unsecured building. A landlord may also be responsible for breach of warranty of habitability if the property is not maintained up to building code. If there exists a breach of warranty, both tenants and their guests can potentially recover for injuries sustained on the property. These issues will have to be explored further to determine if there existed any liable at the hands of the property owners in this case.

Continue reading "Boston, Massachusetts Woman Falls Through Roof" »

Nearly all drivers can remember the excitement and responsibility that comes with obtaining a driver's license. While gaining the right to drive in Massachusetts is undoubtedly a celebrated right of passage for many Massachusetts teens, statistics show that adolescent drivers are at a much higher risk for car accidents and personal injuries behind the wheel. The Massachusetts "Graduated Licensing Law/Junior Operator's License" aims to reduce to number of teenage driving injuries and deaths in the state, by requiring drivers under age 18 to follow a three-step process before obtaining a full driver's license.

According to the Massachusetts Department of Transportation, motor vehicle accidents are the number one killer of teens in the United States. Further, new drivers are four times more likely to be killed and 14 times more likely to be injured than any other group. Boston attorney Peter Bellotti notes that "while speed and inexperience are the two most common causes for teen car accidents and fatalities, other contributing factors like peer pressure and texting while driving add to the increased risk." Still, because inexperience behind the wheel remains the most publicized risk factor, Massachusetts employs a graduated licensing program to ease teens into full driver's licensure.

The first step for Massachusetts adolescents over age 16 is to apply for a learner's permit. This requires a visit to a Massachusetts Registry of Motor Vehicles office, where the teen must sit for a learner's permit test. The test consists of 25 multiple choice questions regarding traffic laws in the state and the examinee must answer at least 18 questions correctly to obtain a learner's permit. This permit allows drivers a 6-month minimum period, with some restrictions, to begin practicing their driving skills. These restrictions include not driving alone (permit holders must have another licensed driver over age 21 in the vehicle) and not driving between the hours of 12:30 a.m. and 5:30 a.m., unless accompanied by a parent or legal guardian.

The second step, which must be completed during the learner's permit window, requires completing a Massachusetts drivers education program. The class must be state approved and include 30 hours of classroom time, 12 hours of actual driving, and 6 hours of "in car" observation. The applicant must also complete 40 hours of outside driving with a licensed parent or guardian.

The third and final step for drivers under age 18 is to obtain a Massachusetts "junior drivers license" by passing a road test. This junior license allows a driver to be on the road without a supervising driver, but other restrictions are imposed. The curfew is still in place until age 18, and junior license holders cannot have any passengers under age 18 in their vehicle, unless they are immediate family members or a supervising driver is also present. If a clean driving record is maintained for 6-months while holding a junior license, the license can be upgraded to a full Massachusetts driver's license, without restrictions. Failure to follow these rules, however, can result in a fine or suspension of a junior license.

It is encouraging to see that Massachusetts employs the Graduated License Law in an effort to combat teen driving injuries and fatalities and to make Massachusetts roads safer for all motorists. Still, parents should always encourage their teens to practice safe driving, avoid speeding, distractions such as texting while driving, and to limit driving with other adolescents while they are honing their skills behind the wheel. A Massachusetts Drivers Manuel can be obtained here, to learn more about traffic laws and driving guidelines in the state.

Continue reading "Massachusetts "Graduated Licensing Law" Aimed at Reducing Teen Accidents" »

Tires flying from the bed of a truck on I-93 were to blame for a fatal car accident in Medford, Massachusetts, which claimed the life of a 27-year-old man from Lynn. The motor vehicle accident occurred just before 3 p.m. on September 19, near Exit 30 in Somerville. The 400-pound tire fell off the bed of the truck, bounced over the barrier, and collided with the victim's vehicle in the northbound lane.

Medford firefighters rushed to the scene, but were not able to save the man's life. According to The Boston Globe, car was wedged between the north and southbound lanes of traffic on Interstate 93 when the Jaws of Life were used to remove the victim from the vehicle. He was then rushed to Massachusetts General Hospital and later pronounced dead. Massachusetts State Police are currently investigating the accident to determine if criminal charges are warranted. The truck accident which resulted from carrying the unsecured cargo is registered to Ryder Truck in Braintree, Massachusetts and was leased by Sullivan Tire, a Massachusetts company.

According to Massachusetts motor vehicle accident lawyer Peter Bellotti of the Bellotti Law Group, "Under Massachusetts law, all commercial drivers are required to ensure that their cargo is safely restrained." Additionally, since interstate travel is often involved, there exist a number of federal regulations regarding cargo carried by trucks, including weight limits. Federal regulations, like Massachusetts state law, also require truck companies to properly secure their cargo before hitting the road. Failure to follow these guidelines can result in liability for damages, injuries, and/or death, for both the truck driver, and vicariously, for the parent truck company. Thus, in this case, if investigators find that either the driver or his company was negligent in securing the load, liability for the accident may be imposed.

Continue reading "Unsecured Cargo Accident Kills Lynn, Massachusetts Man on 1-93 " »

A Wareham, Massachusetts bus driver has been fired after negligently leaving a Hammond Elementary kindergarten student on his bus for three hours. The child fell asleep on the bus and did not awaken until the bus was parked at the driver's home. Although the young child was unharmed, the driver was fired by the Wareham School Department for failure to follow safety protocols. Earlier this month, a Roxbury, Massachusetts infant was found alive after in a parked car after his mother left him alone.

Following the incident, a Boston woman was charged with criminal neglect of a child. Boston Police were contacted after a resident noticed the infant in the locked car near 2200 Washington Street in Roxbury. According to The Boston Globe, the officer found the infant "crying loudly and sweating heavily" inside the vehicle. The child was transported to the Boston Medical Center for treatment and was released. Tragically, a 17-month-old Dorchester child, Gabriel, was not so fortunate, when he was found lifeless in a Gloria Luna's Home Daycare van earlier this month.

According to the New England Cable Network, the daycare van driver was supposed to take Gabriel to another daycare, but apparently forgot the child was in the van. The young boy's grieving mother is now fighting for a new law, called "Gabriel's Law," which aims to prevent another child from being left unattended inside a vehicle. The proposed law calls for changes to child transportation regulations in the state. Part of the proposal is to prohibit dark tinting on transportation vans, so other people can see children left inside vehicles more easily.

According to Greater Boston personal injury attorney Peter Bellotti of the Bellotti Law Group, "There currently isn't enough legislation regarding child care and transportation protocols in Massachusetts. With more rigorous and detailed safety measures in place, we can hopefully avoid tragedies like this in the future."

Governor Deval Patrick has now created a special panel, charged with recommending improvements to current safety procedures in Massachusetts governing children transported to child care in vans and buses. So far, the panel has considered adding a signed route roster to all transportation to and from child care centers to track attendance. According to The Boston Globe, a more stringent accounting system is used to keep track of all children by the Executing Office of Health and Human Services in the state. As always, costs of improvements are being weighed, as the state currently pays around $9 a day per child for transportation, while the Department of Health and Human Services can pay upwards of $56 dollars. In all, new recommendations are set to be made public on October 11.

Continue reading "Massachusetts Child Neglect Cases Spark Push for "Gabriel's Law" " »

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" »

In the summer, we all want to cool off and relax in the water. But whether you're at the pool, a lake or a Cape Cod beach, it's essential to protect yourself and your family. Each year, more than 300 children age 15 and younger drown in residential swimming pools and spas alone. Thousands more are injured. One of the most important ways you can protect your children is to make sure they know how to swim and never let them swim without adult supervision. Here are some other safety tips for enjoying the water in Massachusetts this summer:

Avoiding Swimming Pool Accidents

• Always watch your children when they are in the pool, even if they know how to swim.


• Do not read, talk on the phone or get involved in any other distractions while watching them.


• Enroll your child in swimming lessons.


• Take a class to learn CPR.


• Bring a cell phone to the pool so you can call 911 if there is an emergency.


• If a child is missing, always check the pool first.


• At public pools, stay and watch your children. On the hottest days, lifeguards may have too many people to safely supervise.


• Avoid diving boards. Each year, more than 6,500 diving-related injuries are reported across the country, according to the American Academy for Pediatrics. These include serious head and spinal cord injuries and the majority involve children ages 10 to 14. If you must use a diving board, make sure you are diving into a minimum of 10 feet of water. Never dive in an above-ground pool.

Avoid Ocean Swimming Accidents

• Beaches managed by a city or town usually have lifeguards on duty - but not always. It is best to check in advance.


• Follow all instructions from lifeguards and swim in the permitted area.


• If you are renting a private cottage on Cape Cod or another vacation area, you may have access to a private beach. Do not expect private beaches to have lifeguards. Check with the property management company.


• Never swim alone or let your children go into the water alone. If you are not swimming with them, at least follow them down to the surf and supervise them.


• Approximately 100 people die each year in rip currents, according to the United States Lifesaving Association. Rip currents also account for over 80 percent of beach lifeguard rescues. If you are caught in a rip current, do not try to fight it. Swim out of the current in a direction parallel to the shoreline. When you are free from the current, swim towards the shore.


• Do not try to save someone from a rip current. Many people drown while trying to help others. Call 911 for help. Throw the rip current victim a life preserver and yell instructions to help or calm the person.


• Watch out for marine life, especially jellyfish. Check the website for the beach or ask the lifeguards when you get there about jellyfish warnings before swimming.

• Remember that unlike the ocean or a pool, a lake can be dark and murky, making it difficult to tell what is under the water.


• Have your child wear a life jacket.


• Wear lake shoes to protect feet.


• Make sure docks are in good condition. Never swim under a dock and always look carefully before jumping off one to make sure no one is in the way.


• If you are using rafts or other flotation devices, make sure you are using the appropriate type. Some rafts and tubes may be suitable for lounging in shallow water, but not strong enough to handle tubing off a boat.

Continue reading "Swimming Safety for the Pool, Beach and Lake" »

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" »