Boston Injury Attorney Blog

Recently, the Boston Public Health Commission's "Walk This Way" study found that there are around 2 million pedestrians walking around Boston daily. Although Boston is often lauded as a pleasant walking city, the high volume of vehicular and pedestrian traffic creates an increased risk of pedestrian accidents. In fact, according to the BPHC, every day there are three pedestrian accidents in Boston alone.

The BPHC's Walk This Way initiative provides pedestrians in and around Boston with some helpful safety tips to minimize the risk of pedestrian accidents, which often result in personal injury and/or death. In the year before Walk This Way was launched, 1,166 pedestrians were taken to the hospital following a car accident in Boston. Since the initiative began, the number of pedestrian accidents has decreased. Nonetheless, drivers and pedestrians in Boston do not always practice safe travel habits that can reduce the number of pedestrian accidents even further.

According to Walk This Way, only 12% of pedestrians in Boston waited for the "Walk" signal before crossing the street and 1/3 of pedestrians frequently jaywalk. Perhaps the most staggering statistic was that while 95% of drivers yield to pedestrians who have the right of way, only 50% of drivers yielded to pedestrians crossing against the light and even fewer slowed down for jaywalkers.

The majority of pedestrian accidents are the result of a driver's negligence, including disregarding traffic laws and road signs, texting while driving, speeding, failing to yield to pedestrians, or simply not paying attention to the road. Unfortunately, insurance companies often attempt to fault the pedestrian to avoid payment. Consequently, a swift and thorough investigation of the motorist is in order and victims of a pedestrian accident should seek skilled and experienced legal representation as soon as possible. The Boston personal injury attorneys at Bellotti Law Group have successfully handled hundreds of pedestrian accident cases. Our Boston, Cambridge, and Quincy personal injury lawyers will work diligently to get your medical bills paid and your life back on track. Contact us at 617-225-2100 for a free consultation.

The BPHC has published a list of helpful safety tips for both drivers and pedestrians that can help to greatly reduce the number of pedestrian accidents in the congested streets of Boston, Cambridge, Quincy, and all of Massachusetts.

Safety Tips from the BPHC for Pedestrians:

- Always use the crosswalk.

- If you're at a crosswalk with a traffic light, push the button and wait for the "Walk" signal.

- If you're at a crosswalk without a traffic light, you have the right of way. However, make sure approaching drivers see you and come to a complete stop before you cross.

- On roads without sidewalks, walk on the left side of the road, facing traffic.

- Watch for cars backing out of parking spaces and driveways.

Safety Tips from the BPHC for Drivers:

- Pedestrians have the right of way in crosswalks without traffic signals.

- Drivers should always yield to pedestrians on turns. Special challenges arise when children and elderly cross the streets, such as visual limitations, increased distractions and slower pace.

- Take your time. Speeding and reckless driving are factors in nearly 23% of motor
vehicle crashes, and doesn't usually save you much time in the long run.

Bellotti Law Group serves Greater Boston, Cambridge, Quincy, Braintree, Brookline, Newton, 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.

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" »

To avoid potential for personal injury, check your roofs! The record snowfalls in Massachusetts have caused fears in the minds of many concerning the stability of the roofs over their heads. Below is a list of warning signs that your roof is in danger of collapse:

* Sagging roof steel - visually deformed
* Severe roof leaks
* Cracked or split wood members
* Bends or ripples in metal supports
* Cracks in walls or masonry
* Cracks in welds of steel construction
* Sheared off screws from steel frames
* Sprinkler heads pushed down below ceiling tiles
* Water puddles where it never has before
* Doors that pop open
* Doors or windows that are difficult to open
* Bowed utility pipes or conduit attached at ceiling
* Creaking, cracking or popping sounds

If you have problems

* Call your local building or fire official.
* If there is imminent danger, evacuate the building and call 911.

Continue reading "Avoiding personal injury in Massachusetts - recognizing problems with roofs" »

Safely enjoying without personal injury the good summer and fall weather, includes a good outdoor barbeque. Fire in the grill, under hot dogs and burgers, is a welcome sight at any family and friends gathering. In order to safely enjoy the barbeque without injury, it is good to keep in mind the following tips from the National Fire Protection Association:

1. BBQ grills should only be used outdoors.
2. Place the grill well away from the home, deck railings and out from under eaves and overhanging branches.
3. Keep children and pets away from the grill area.
4. Keep your grill clean by removing grease or fat buildup from the grills and in trays below the grill.
5. Never leave your grill unattended.
6. There are several ways to get the charcoal ready to use. Charcoal chimney starters allow you to start the charcoal using newspaper as a fuel.
7. If you use a starter fluid, use only charcoal starter fluid. Never add charcoal fluid or any other flammable liquids to the fire.
8. Keep charcoal fluid out of the reach of children and away from heat sources.
9. There are also electric charcoal starters, which do not use fire. Be sure to use an extension cord for outdoor use.
10. When you are finished grilling, let the coals completely cool before disposing in a metal container.
11. Check for propane leaks in gas grills.

While the above tips seem like plain old fashioned common sense, thinking about them ahead of time will alleviate injuries.

Continue reading "Preventing Grill Injuries in Massachusetts" »

In Massachusetts, by law, patients can obtain copies of their medical records and providers are limited to the amount they can charge for these copies. Generally, a patient will be charged $15.00 for each transaction. In addition, physicians may charge up to $.50 per page for the copying costs of the first 100 pages of medial records, and $.25 per pate in excess of 100 pages.

A physician must maintain patient medical records for seven years from the date of the last patient contact. After seven years, a physician can give his/her former patient their original medical records back or destroy them. It is wise to request a copy of your medical records when changing physicians.

The Board of Registration in Medicine requires that a physician maintain the original to ensure that a patient's medical history will be available to assist any future health care provider.

A physician must provide copies of a medical record in a timely manner. Two to three weeks is considered "reasonable".

If the patient is deceased, the executor or administrator of the Estate may obtain copies.

The provider may summarize mental Health records if the physician believes the information would be harmful.

Continue reading "Patient Access to Massachusetts Medical Records" »

REPORT AND RECORD THE ACCIDENT

1. First attend to your medical needs if you are injured.

2. Report the accident to the proper authorities If the accident involved in a truck, motorcycle or car, be sure to call the police to file an accident report. Do not discuss fault. Call your insurance company. If you were the victim of a slip and fall, contact the management of the building, company or facility where you fell as soon as possible..

3. Take photographs of the accident scene and your injuries. Be sure to record accident details such as what happened immediately before, during and after the accident. Make a notation of the weather, road or surface conditions. If your vehicle was damaged, try to obtain pictures before you get it repaired or go to the repair shop or dealer where it was towed.

4. Get witness names. Be sure to collect the names, addresses and telephone numbers of any witnesses.

5. Save your medical bills. Keep track of the names, addresses and telephone numbers of all medical providers and dates of treatment.

6. Keep a record of your lost wages, along with the name and address of your employer.

7. Be sure to protect your rights, by contacting a competent attorney.

Continue reading "What to do if you are injured in a Boston accident " »