Boston Injury Lawyer Blog

We all know that driving drunk can result in catastrophic Boston car crashes. Unfortunately, many people still continue to get behind the steering wheel of a vehicle after drinking too much and they risk their lives and the lives of others in the process.

Drunk drivers come from all age demographics and walks of life. New findings, however, are showing that nationally, there has been an increase in the number of women involved in deadly drunk driving accidents. A new report also reveals that it isn’t just young drivers who are prone to binge drinking.

According to the National Highway Traffic Safety Administration, the number of female drunk drivers is becoming a national safety issue. From 1998 – 2007, there has been a 28.8% increase in the number of women arrested for DUI. Currently, impaired women drivers are involved in about 2,000 US traffic deaths each year. In this state, however, between 2008 and 2007 there was a decline in the number of impaired women involved in deadly Massachusetts motor vehicle accidents.

While in 2007, 31 of the 163 women involved in fatal Massachusetts auto accidents had a BAC of .08% or more, there were 103 women involved in fatal Massachusetts traffic crashes last year and 21 of them were legally drunk. Regardless, one inebriated driver on the road is one dangerous driver too many.

Meantime, Duke University researchers and the National Survey on Drug Use and Health are reporting that there is a more significant amount of binge drinking taking place among adults in the 50 – 64 age range than initially thought. While drinking to the point of inebriation is commonly associated with young adults and teens, a new survey, recently published in the American Journal of Psychiatry, found that 9% of women and 22% of men in this older age group binge drink (at least five drinks), with 13% of women and 19% of men reporting that they have at least two drinks a day. Among adults over age 65, 3% of women and 14% of male seniors reported that they binge drink.

Heavy drinking of any kind can definitely pose a health hazard and an injury risk. It can be fatal for a drunken individual to then drive.

Through the end of the Labor Day weekend police, in cities throughout the US are taking part in the campaign Drunk Driving. Over the Limit. Under Arrest. By focusing more of their resources on catching anyone who is driving drunk, the plan is to save lives.

Transportation Secretary Ray LaHood Kicks Off Nationwide Enforcement Crackdown on Impaired Driving, NHTSA, August 19, 2009

Older people, too, knock back 5 drinks at a time, USA Today, August 17, 2009

Related Web Resources:
Alcohol-Impaired Drivers Involved in Fatal Crashes, by Gender and State, 2007-2008, , NHTSA, (PDF)

National Survey on Drug Use & Health

The Associated Press says that a law enforcement officer has told them that the Los Angeles Coroner’s office has determined that Michael’s Jackson’s death was a homicide caused by a combination of drugs. By calling the singer’s death a homicide, this means that the pop star died as a result of another person. However, this doesn’t necessarily mean that the person committed a crime.

Results from forensic tests determined that propofol, a powerful anesthetic, and at least two sedatives, were in Jackson’s body when he suffered a fatal cardiac arrest on June 25. Dr. Conrad Murray, a cardiologist who was the singer’s personal physician in the weeks leading up to his death on June 25, administered the drugs to him.

Murray has been under investigation for manslaughter related to Jackson’s death. According to a search warrant affidavit that was unsealed yesterday, Murray had been giving Jackson 50 milligrams of propofol every night using an intravenous drip to treat his insomnia. He was worried, however, that Jackson was becoming addicted to the drug and had tried lowering his dosage to 25 milligrams while also giving him midazolam and lorazepam.

Early on June 25, Murray administered Valium to Jackson before giving him lorazepam and midazolam twice. The drugs didn’t work and Jackson demanded propofol, which finally helped him go to sleep. Soon after, the singer stopped breathing.

This latest news, which has not been officially confirmed, comes amidst reports that Michael’s mother, Katherine Jackson, is thinking about filing a wrongful death lawsuit. Murray and concert promoter AEG Live are two possible defendants. Jackson was preparing for a tour at the time of his death. There also may have been other doctors who enabled Jackson’s drug addiction.

Wrongful Death
A person or entity can be held liable for wrongful death even if the intention to inflict death did not exist and the person’s death was an accident. The surviving family members may still be able to pursue recovery for wrongful death if there is evidence to prove that the defendant’s negligence, recklessness, or carelessness contributed to the death.

Coroner Attributes Michael Jackson's Death to Sedative, The Washington Post, August 25, 2009

Michael Jackson’s mother considering wrongful death lawsuit!, Justice News Flash, August 20, 2009

Related Web Resources:
Propofol, Drugs.com

Michael Jackson is Dead, Los Angeles Times, June 25, 2009

Continue reading "Coroner Rules Michael Jackson’s Death a Homicide While The King of Pop's Mother Considers Filing Wrongful Death Lawsuit" »

A Marshfield man died on Wednesday morning when he was injured in a Massachusetts bicycle accident near Green Harbor Marina. The collision happened around 10:30 am when a woman driving a sedan hit him. The bicyclist, who was in his late 60’s, was not wearing a helmet.

According to Marshfield police, the bicyclist sustained massive head injuries. Cliff Woodward, a retired firefighter who worked at a nearby shop, said that the bicyclist was on the road and bleeding from the mouth and head. Police are investigating the Marshfield bicycle crash.

Bicycle Accidents
If you were injured in a Boston bicycle accident, a Cambridge bicycle crash, or a bicycle collision in another Massachusetts city, you may be entitled to receive personal injury compensation from a negligent driver or another responsible party.

Bicycle collisions can lead to serious injuries for a bicyclist, who, at the most, will likely only have a helmet and protective clothing to cushion the impact of colliding with a truck, a bus, a motorcycle, or a car.

Common Causes of Boston Bicycle Accidents:

• Driver error or negligence
• Bicyclist error
• Drunk driving
• Poorly designed roads

Earlier this month, a 10-year-old Worcester bicyclist died when he was injured in a traffic crash involving a pickup truck. Police say the truck driver unsuccessfully tried to avoid the boy, who was coming down a driveway.

The boy, Jovannie Melendez, was bleeding heavily when emergency responders arrived at the accident scene to perform CPR.

On August 1, a 21-year-old bicyclist sustained life-threatening injuries in a Jamaica Plain traffic accident. The driver was turning onto Lamartine Street late at night when he says he felt and heard something hit the passenger side of his vehicle. He says he got out of the vehicle and saw there was an unconscious bicyclist on the ground.

With more people riding bicycles on Massachusetts roads in an attempt to be more environmentally conscious and/or save money, it is important that riders and drivers remember that they share the roads with one another.

Marshfield bicyclist killed in accident, Boston.com, August 19, 2009

10-Year-Old Killed Riding Bicycle Identified, The Boston Channel, August 2, 2009

Bicyclist injured in Jamaica Plain accident, Boston.com, August 1, 2009

Continue reading "Marshfield Man Dies in Massachusetts Bicycle Accident" »

A 23-year-old Quincy nursing assistant is under house arrest for allegedly beating four Alzheimer’s patients. On Friday, Kara A. Murphy pleaded not guilty to seven counts of assault and battery on a person over 60.

The alleged Quincy nursing home abuse incident reportedly occurred at the Atrium at Faxon Woods where Murphy worked. On August 8, she allegedly abused four elderly women and the nursing home facility has since fired her. A background check was reportedly conducted on Murphy prior to her hiring.

In one Quincy nursing home abuse incident, Murphy is accused of throwing a 92-year-old woman onto a wheelchair and slapping her on the forehead. In another alleged nursing home abuse attack, Murphy is accused of grabbing an 89-year-old woman by the jaw while she was having a bowel movement and making her sit on a toilet. Murphy is also accused of sitting on the lap of a 96-year-old woman and bouncing around on her lap. She also allegedly hit a 79-year-old resident on the shoulder after the patient struck her first.

A co-worker reported Murphy to police who apprehended her. The co-worker says that Murphy often yells swear words at the nursing home residents.

If convicted, Murphy could serve up to to 21 years in prison.

Alzheimer’s patients can be vulnerable to abuse. They may not be aware of what is happening and they may even forget that the abuse happened. This means that unless someone witnessed the abuse or neglect, the incidents may continue, causing injury, the deterioration of the resident’s health, or death.

Another Massachusetts nursing aide also recently pleaded not guilty to elder abuse charges involving another Alzheimer’s patient. 54-year-old Marie Michael from Medford allegedly assaulted, kicked, and punched an 83-year-old Alzheimer’s patient. According to witnesses, the victim’s roommate saw the attack.

Aide charged in Medford elder abuse, Boston Herald, August 15, 2009

Nursing assistant charged with elder abuse, UPI, August 15, 2009

Aide charged in Medford elder abuse, Boston Herald, August 15, 2009

Related Web Resources:
Alzheimer's Association

Elder Abuse, Medline Plus

Even though Boston cab drivers are now banned from using a cell phone while driving, the Boston Herald is reporting that many cabbies are either ignoring the rule or just don’t know about it—or so they say. This behavior is dangerous and can cause Boston injury accidents.

One cab driver, Mohamad Moharam, told the Boston newspaper that he wasn’t aware that talking on a cell phone while operating a taxi was now illegal. He also says that police officers have not been cracking down on him or other cabbies when they’ve been spotted talking on their cellular phones.

Hackney Capt. Robert Ciccolo says he doesn’t believe that many Boston cab drivers are ignorant of the new rule as they say they have been. He does, however, acknowledge that it can be hard to tell whether a taxi driver is using a Bluetooth device to avoid getting caught—cab drivers are now not allowed to use this device while driving either. It also doesn’t help that many taxi passengers don’t like it when police pull over their cab.

Since January 1, 2009, when the ban went into effect, 20 violations have been issued resulting in 28 suspension. 22 taxi customers have complained because their Boston cab drivers were talking on cell phones while driving.

Many taxi drivers are reportedly not happy with the ban. Talking on a cell phone while driving has been a way for some of them to relieve the monotony of having to sit behind the wheel of their cab for 12 hours at a time while allowing them to connect with family and friends. The New York Times reports that some cab drivers have said that because they are professional drivers, they believe that they are less likely to become distracted while driving than regular motorists.

Unfortunately, there are many cell phone-driving related crashes that have occurred, including Boston bus accidents, MBTA train collisions, commercial truck crashes, car accidents, motorcycle collisions, and pedestrian accidents, because a “professional” driver was talking on a cell phone or texting and failed to notice another vehicle that was stopped ahead or a green light that had just turned red.

When people talk on a cell phone or text while driving, this means that less than 100% of their attention is on the road. Engaging in distracted driving always increases the chances that the driver will become involved in or cause a Boston traffic crash.

Cabbies turn deaf ear to cell ban, Boston Herald, August 14, 2009

Cabbies Stay on Their Phones Despite Ban, NY Times, August 3, 2009

Related Web Resources:
Cell phones as dangerous as drunk driving, CNET

Boston Licensed Hackney Carriages, City of Boston

Continue reading "At the Risk of Causing Boston Injury Accidents, Many Cab Drivers Still Talk on Cell Phones While Driving Despite Ban" »

A Gardner man who lost his wife when she was murdered by a construction worker at the fast food chain where she was employed has reached a Massachusetts wrongful death settlement over the case. The plaintiff and the defendants arrived at an agreement on August 4, while the Worcester Superior Court jury was in its second day of jury deliberations over a possible verdict.

Thomas Miller’s wife Sherylann Miller was stabbed to death in December 2000 at a KFC-Taco Bell that was under construction in Clinton. She was the manager of the restaurant.

The man who was convicted of her murder, Quillie Merle Spray III, was a tile setter who worked at the site. He has been sentenced to life in prison for Sherylann’s stabbing death.

In 2003, Thomas sued Spray, Spray's brother, and the construction company that employed them for his wife’s Clinton, Massachusetts wrongful death.

Massachusetts Wrongful Death Complaints Stemming from Violent Crimes
If someone you love died as a victim of a violent crime, there may be more than one party that you can sue for Boston wrongful death. For example, if your loved one was murdered on another party’s premise, there may have been more the property owner or supervisor could have done to prevent the crime from occurring, including (depending on the circumstances, the specifics, and the location of the crime, of course) installing an alarm system, security cameras, or better lighting, hiring a security guard, conducting employee background checks, or keeping people who shouldn’t be on the premise off the property.

The person that committed the crime can also be held liable in civil court. The civil court system is different from the criminal court system. Massachusetts's civil court system gives the family members of the victim the opportunity to present their complaint before a jury that then deliberates over whether the defendant(s) should pay the plaintiff(s) Massachusetts wrongful death compensation.

There also may be other parties, aside from the property owner and the attacker, who can be held liable. In the Massachusetts wrongful death case filed by Thomas Miller, the plaintiff sued the company that employed Spray for his wife's wrongful death.

Husband of Massachusetts Slaying Victim Settles Wrongful Death Suit, Claims Journal, August 7, 2009

Husband of slay victim settles wrongful death suit, Boston.com, August 6, 2009

Related Web Resource:
Wrongful Death, Justia

In Quincy District Court, 29-year-old Eric Lum has pleaded innocent to a number of criminal charges over the Milton, Massachusetts car accident death of a 25-year-old special needs teacher. Lum is accused of driving the sport utility vehicle that crashed into Alison Regan’s car in a head-on crash on Route 28 right before midnight on Sunday. Police then say that Lum fled the auto accident site on foot.

Charges against Lum include motor vehicle homicide, larceny of a motor vehicle, operating under the influence of drugs resulting in death, possession of a Cllass A substance, and leaving the scene of a crash resulting in death. He was ordered held on $100,0000 bail.

Lum was driving with a suspended license on the night of the crash. According to prosecutors, he has an extensive criminal record, which includes seven probation violations, 15 defaults, six convictions for driving while his license was suspended, and two prior convictions for leaving a crash site.

During Sunday's crash, Lum had also struck another vehicle, driven by Kamilah Land. Fortunately, the 18-year-old Randolph resident was not hurt.

Police say that Lum has a drug problem and has struggled with a heroin addiction for several years. His mother Mary says he took the keys to the Ford Explorer without permission.

Lum’s father, Ronald, has apologized on his son’s behalf. He says that he and his wife have tried to help him his son overcome his drug addiction.

Regan taught autistic students at the Boston Higachi School.

Head-On Crashes
Injuries from a Quincy head-on crash can be fatal. If you were involved in a head-on crash because another driver was driving drunk, under the influence of drugs, text messaging, or engaging in some other type of reckless or negligent behavior, you may have a Boston personal injury case on your hands.

Police: High Driver Kills Special Needs Teacher, WCVB, August 10, 2009

Driver charged with killing woman held on bail, Wicked Local, August 10, 2009

Related Web Resources:
Hit and Run Accidents, Deadly Roads

In Boston, the lives of two window washers were left hanging 37 floors above a street in the Financial District when the scaffold they were standing on collapsed. Julio Ortiz and Kyle Redmond banged on the windows of the skyscraper they were working on, calling for help.

Firefighters broke the windows, working carefully to pull the two window washers back into the building. The two men managed to stay tethered to rigging connected to the roof while they stood on the now slanted platform.

Redmond was treated at Massachusetts General Hospital for non-life threatening injuries and later released from the emergency room. Ortiz did not sustain serious injuries.

The two window washers are employed by Harvard Maintenance Company.

Scaffolding Accidents
According to the Bureau of Labor Statistics’ Census of Fatal Occupational Injuries, 88 workers died in scaffolding accidents in 2007. 72% of the workers that got hurt in scaffold accidents say the work accident happened because the support or planking gave way or because the worker was hit by a falling object or slipped. These kinds of scaffold accidents are preventable.

Scaffolds are often used by window washers, construction workers, and others whose jobs require them to work from great heights outside buildings and other large structures. A scaffolding that collapses can result in fatal fall accidents, traumatic brain injuries, spinal cord injuries, and other catastrophic injuries.

Window washers, construction workers, and others injured in Boston work accidents are likely entitled to Massachusetts workers’ compensation benefits. They may also be able to sue a negligent third party for personal injury or wrongful death. For example, if a scaffold collapsed because it was defective or malfunction and its manufacturer could have prevented the accident from happening, then the injured party may have grounds for a Boston products liability lawsuit.

A lurch and a lifeline 37 floors up, Boston.com, August 6, 2009

Window washers rescued from 37-story plunge as platform collapses, Boston Herald, August 6, 2009

Scaffolding, US Dept. of Labor

Related Web Resources:
High Risk: Despite Regulations, Scaffold Accidents Continue, Safety.com

OSHA

Continue reading "Scaffold Malfunction Leaves Two Boston Window Washers Dangling 37 Floors" »

Four people are dead after a lone gunman entered an LA Fitness gym in Pittsburgh, Pennsylvania on Tuesday night, shut off the lights in an aerobics room, and began shooting at patrons. He then killed himself.

Three women died in the shooting and at least 10 others were injured from the 50 rounds that he fired. According to police, the man, who a law enforcement source identified as 48-year-old George Sodini, didn’t say anything before he began shooting at people. Sodini was a gym member.

In a note found in Sodini’s gym back, the source says that the shooter talked about how he hated women.

One hospital admitted at least 5 shooting victims. A spokesperson for the hospital says the patients arrived at the hospital in critical condition.

The gunman maintained a blog prior to his death. He used the online diary to talk about his anger at being rejected by women, his desire to have a partner, and his loneliness. He lists his death as August 4, 2009. He refers to the murders as his “exit plan” and appears to have been plotting to execute his strategy for about a year.

Personal Injury and Wrongful Death Lawsuits Stemming from Violent Crimes
If you or someone you love was hurt because of a violent crime, there may be grounds for filing a personal injury or wrongful death complaint, such as:

Premises liability: Did inadequate security on the premise allow for the violent crime to happen?
Nursing Home negligence or abuse: Did a nursing home worker or a resident commit the crime and could the assisted living facility have acted to prevent the crime from happening? Did the facility neglect to perform a background check on the person that committed the crime?

Even if the property owner, company owner, event organizer, or another party did not have anything to do with committing the violent crime (but they could have or should have acted to prevent a crime from happen), you may be able to hold them liable for the harm that you and your love one have suffered. You also may be able to pursue financially recovery from the person that actually committed the violent.

Four dead, including gunman, in gym shooting, CNN.com, August 5, 2009

At least four dead in W. Pa. gym shooting, Philly.com, August 4, 2009

Continue reading "Deadly LA Fitness Shooting Leaves 4 People Dead and Injures 10" »