Boston Injury Lawyer Blog

According to newly unsealed court documents, the parents of Phoebe Prince have settled their Massachusetts civil complaint with the South Hadley Public School District for $225,000. The case was resolved more than a year ago, but the financial figure reached was just revealed after a journalist went through the courts to obtain access to the information. Prince, whose family moved to the US from Ireland in 2009, hanged herself in January 2010 after spending months being bullied by other students at South Hadley High School. The 15-year-old became a target after she dated Sean Mulveyhill. The 18-year-old was the ex-of Kayla Narey, who was one of Prince’s bullies. Even after Prince and Mulveyhill. stopped seeing each other, the bullying continued online and in person.

After her death, Prince’s parents filed a complaint against the school district with the Massachusetts Commission Against Discrimination. Anne O’Brien and Jeremy Prince claimed the district of not doing enough to protect their daughter. The civil settlement was reached in November 2010.

It is the responsibility of school officials to make sure that students are not placed in harm’s way while under their watch. Fortunately, bullying, which has been known to occur at schools, is now being seen as a serious threat to a child’s safety and a potential cause of serious injury or death.

Thankfully, hazing is now also receiving attention as a dangerous activity among students that can cause serious injuries and even death. As our Boston injury lawyers reported in an earlier blog post, last month, police looked into allegations of hazing involving Andover High School students that attended a basketball camp this summer. Two of the participants were allegedly forced to eat a cookie covered in semen. Two other students have since been expelled because of the alleged incident.

Phoebe Prince’s Parents Settled School District Lawsuit for $225,000, ABC News, December 28, 2011

Expulsion, suspensions meted out in Andover hazing case, Eagle-Tribune, December 1, 2011

Bullied girl's suicide has ongoing impact, MSNBC, December 27, 2011

More Blog Posts:
Andover High School Confirms Hazing Allegations, Boston Injury Lawyer Blog, November 30, 2011

Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011

Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011

Continue reading "Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K " »

Authorities have identified Phyo N. Kyaw as the victim of a Cambridge, Massachusetts truck accident that occurred Tuesday night on the corner of Vassar Street and Massachusetts Avenue.

The 23-year-old, who was originally from Myanmar, graduated from MIT last year. He was pronounced dead after he was transported to Massachusetts General Hospital.

According to Cambridge police, there have been 27 traffic crashes at the intersection of Massachusetts Avenue and Vassar Street since the beginning of 2010. If there is a road condition or the intersection as poorly designed so that there really is a higher risk of a motor vehicle crash happening there, then Kyaw’s family may have grounds for a Cambridge personal injury lawsuit.

Meantime, state police are trying to determine whether charges should be filed in Kyaw’s death. If the trucker acted negligently in any way to cause the Cambridge bicycle accident, he/she could be held liable. If the truck driver was working for an employer at the time of the collision, then there also may be a case filed against that company.

After a Massachusetts semi-truck crash, it is not uncommon for the trucking company’s insurer to attempt to immediately negotiate a settlement with the victim. It is a good idea that you not reach any type of agreement until you’ve explored your legal options first. You also may not know the extent of your injuries until after you’ve had a doctor examine you.

MIT graduate is identified as victim in bicycle-truck collision, Boston.com, December 28, 2011

Cyclist killed in Cambridge accident ID’d, Boston Herald, December 29, 2011

More Blog Posts:
Multiple Vehicle Accident Involving Dump Truck Leaves Several Injured in Uxbridge, Boston Car Accident Lawyer Blog, April 21, 2011

20-Year-Old Bicyclist Victim of Hit-and-Run in Attleboro, Boston Car Accident Lawyer Blog, July 18 2011

NTSB Calling for Total Cell Phone Ban on All US Roads and Highways, Boston Injury Lawyer Blog, December 15, 2011

Continue reading "Cambridge, Massachusetts Tractor-Trailer Crash Causes Bicyclist’s Death" »

According to researchers at UC Irvine's otolaryngology department, certain toys that are currently “in” may emit noises that hit decibel levels comparable to those made by chain saws or subway trains. This could place a child at risk of suffering from hearing loss. If so, his/her family may have grounds for a Boston products liability case.

10 popular toys were measured for loudness while they were held 12 inches away (approximately the length of a toddler’s arm stretched outward) and when placed next to a speaker. Per the study’s findings, popular toys such as the Tonka Mighty Motorized Fire Engine, T-Pain Mic, and Road Rippers hit decibel levels of 100 or greater. The Sesame Street Let’s Rock Elmo, Marvel Super Shield Captain America, Toy Story Buzz Lightyear Cosmic Blaster, VTech Princess Magical Learning Wand, and the Green Lantern Colossal Cannon Blaster hit decibels levels of 90 or over when placed next to the speaker. When kept 12 inches away, decibel levels for the toys hit the 60’s.

Considering that, according to the American Academy of Otolaryngology, noise higher than 85 decibels can lead to hearing loss (with duration playing a role in impairment) these toys may be cause for concern.

Are the products' manufacturers warning about the potential for hearing loss? Are they doing enough to minimize the chance of this type of injury? Are they providing proper instructions for how to safely use these toys?

Researchers have recommended that if a toy has to emit sounds from a speaker, then the ones with speakers on the bottom are best. Proper supervision of toys that lack this safety measure, as well as placing tape over the speakers to decrease the sound, are also recommended.

You may have grounds for a Massachusetts products liability lawsuit if a product caused your child to sustain any type of injury. Possible liable parties include the manufacturer, seller, or distributor.

Study: Toys can be too loud, Daily Pilot, December 22, 2011

Noise and hearing protection, American Academy of Otolaryngology

Some children's toys as loud as a chain saw, UCI study says, Los Angeles Times, December 23, 2011

More Blog Posts:
Boston Medical Malpractice?: Hepatitis C Contracted by Child During Transplant Was Totally Preventable, Says CDC, Boston Injury Lawyer Blog, December 23, 2011

Police Say Haverhill Pedestrian Accident Was Caused by Drunk Driver, Boston Injury Lawyer Blog, December 22, 2011

Man Sues City of Waltham for Massachusetts Child Sex Abuse Allegedly Committed by Former Assistant High School Football Coach, Boston Injury Lawyer Blog, December 19, 2011

Continue reading "Boston Child Injuries: Do Some Toys Cause Hearing Problems?" »

According to the Centers for Disease Control and Prevention, a child who underwent a blood vessel transplant at Children’s Hospital in Boston contracted hepatitis C because the donor was infected. The disease was transmitted because of a testing error that occurred at a tissue bank, as well as delays in communication between public health officials and the transplant center. Two other people, who received kidney transplants from the same donor, also became infected. It hasn't been reported at this time whether the child's family will be filing a Boston medical malpractice claim.

The CDC’s Office of Blood, Organ, and Other Tissue Safety director Dr. Matthew J. Kuehnert says the infections were “preventable.” He is calling for better testing and a system more quickly able to notify transplant surgeons when there are problems, while tracking organs and tissues. Currently, e-mails, phone calls, and letters are how communication regarding such matters takes place.

As a result, 11 days passed between when one kidney recipient tested positive for hepatitis C and when the CDC was notified. It was during this period that the child at the Boston hospital received a transplant of an infected piece of tissue to fix a heart malformation.

Per the CDC’s report, a worker at the tissue bank made a mistake and marked the donor’s tissue as negative for hepatitis C even though the test results were positive.

Boston Medical Malpractice
As with any surgical procedure, there are risks involved with organ transplants and it is important that the medical team involved have the proper procedures in place, which they should implement, to prevent mistakes that could cause serious injuries and infection. For example, it is crucial that transplant recipients are given healthy organs free from disease or health issues to maximize the chances of a successful outcome. Other common Massachusetts surgical transplant errors include giving a patient an organ that his/her body is not compatible with, performing a transplant procedure without the donor’s consent, and post-operative mistakes.

Hepatitis C
This viral disease is a chronic illness that can cause cancer or liver scarring. Infected patients may eventually have to undergo a liver transplant.

Child infected with hepatitis C through transplant at Children’s Hospital Boston, Boston, December 22, 2011

Child Infected With Hepatitis C After Boston Hospital Transplant, WBUR.org, December 22, 2011

Hepatitis C, PubMed Health

More Blog Posts:
Adverse Reactions to Diabetes Meds, Antiplatelet Drugs, Blood Thinner, and Insulin Linked to Elderly Seniors Ending Up in the ER, Reports New Study, Boston Injury Lawyer Blog, November 26, 2011

Police Say Haverhill Pedestrian Accident Was Caused by Drunk Driver, Boston Injury Lawyer Blog, December 22, 2011

Man Sues City of Waltham for Massachusetts Child Sex Abuse Allegedly Committed by Former Assistant High School Football Coach, Boston Injury Lawyer Blog, December 19, 2011

Continue reading "Boston Medical Malpractice?: Hepatitis C Contracted by Child During Transplant Was Totally Preventable, Says CDC " »

Police have charged Lisa Leavitt with motor vehicle homicide while intoxicated and negligent driving in the Haverhill pedestrian accident that claimed the life of Karen LaPierre early Sunday morning. At the time, LaPierre, 63, was loading her car with doughnuts she had picked up to bring to church for morning service.

She died after she was struck from behind by Leavitt’s auto. Authorities say that while LaPierre was pinned between the two vehicles she was able to stay alive, but once the two cars were separated she died almost immediately.

Leavitt, 37, reportedly had a BAC of .18%, which is two times over the legal driving limit, after the crash. She failed a Breathalyzer test twice.

Leavitt, who admitted to police that she fatally struck LaPierre, has pleaded not guilty to the criminal charges. Her lawyer says that she was taking medication for seasonal depression. She also was in the process of getting more help for her condition.

Leavitt’s bail has been set at $50,000 cash. A judge said that if she is released she will have to wear a GPS bracelet and a home device would have to be installed so the authorities will be able to tell whether she’s consumed any alcohol.

According to the National Highway Traffic Safety Administration, although there was a decline in the number of US alcohol-impaired-driving deaths—10,228 fatalities in 2010, down from 10,759 deaths in 2009—in Massachusetts, there was a slight increase in drunk driving-related fatalities with 115 alcohol-impaired-driving deaths in 2010, which is slightly up from the 106 deaths in 2009. During both years alcohol-impaired-driving fatalities made up more than 30% of Massachusetts traffic deaths.

Our Boston injury lawyers represent victims and their families involved in Massachusetts drunk driving accidents. Although it’s never easy for anyone, including the drunk driver, to cope with the consequences, it is important that the injured person or his/her family is able to recover compensation from all negligent parties.

Hopefully, the drunk driving crackdown planned by local, state, and federal officials will help keep the number of Boston traffic accidents to a minimum this holiday season. U.S. Transportation Secretary Ray LaHood says the government’s nationwide efforts, called "Drive Sober or Get Pulled Over” will involve “invisible” law enforcement officers who will watch people that are drunk and then apprehend them when they try to drive.

U.S. Transportation Secretary Ray LaHood Announces 'Drive Sober or Get Pulled Over' Crackdown on Drunk Driving, NHTSA, December 13, 2011

Drunk driver kills woman heading to church, according to police, Boston Herald/AP, December 18, 2011

More Blog Posts:
NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010, Boston Injury Lawyers Blog, December 9, 2011

NTSB Calling for Total Cell Phone Ban on All US Roads and Highways, Boston Injury Lawyers Blog, December 15, 2011

Peabody Police Hit as a Pedestrian, Boston Car Accident Lawyer Blog, December 12, 2011

Continue reading "Police Say Haverhill Pedestrian Accident Was Caused by Drunk Driver" »

Michael Phillips has filed a Massachusetts child sex abuse lawsuit against the city of Waltham. The 20-year-old says that school officials neglect to look into complaints accusing Robert Dacey of child molestation. This alleged negligence allowed the coach and teacher to abuse more kids.

Dacey would later be charged with 17 criminal counts of child molestation. However, he passed away in 2007 before the case against him could go to trial. Dacey was 49.

Phillips says that Dacey abused him and another friend three times by dressing as a woman and then giving them blindfolded massages. In his Waltham wrongful death lawsuit, Phillips, who was in the 8th grade at the time, accuses Dacey of sexually assaulting him.

He contends that a few years before the alleged molestations, students had already come forward to complain to the principal about Dacey and his sexual misconduct, but that school officials didn’t do anything. Former-Waltham High School principal John Graceffa is also a defendant in Phllipp’s Massachusetts sexual assault lawsuit for allegedly failing to act at the time. The city is a defendant because it gets federal funding through its school department and per Title IX regulations, has to prevent sexual discrimination (and sexual assault).

Suing a School for Massachusetts Child Sexual Abuse
Schools are responsible for adequately supervising the kids who are enrolled there. This includes making sure that the students are not exposed to any dangerous situations or persons that could cause them to sustain Waltham personal injury. Failure to warn of a danger or remove it despite knowledge of its existence can be grounds for a civil lawsuit.

Unfortunately, schools are favorite places for sexual predators to hunt for their victims. Add what seems to be a common case of officials looking the other way as teachers, coaches, or others abuse kids and it is the children that suffer.

The the statute of limitations for civil Massachusetts sex abuse cases is three years from when the act happened or three years from when the victim reasonably should have or did discover that the abuse caused injury.

Lawsuit: Waltham High principal failed to prevent sex abuse, Wicked Local, December 19, 2011

Former student sues city of Waltham for failing to protect him from sexual abuse, Boston.com, December 19, 2011

Massachusetts Law About Child Sexual Abuse

More Blog Posts:
Dorchester, Massachusetts Child Sex Abuse?: Teacher's Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student, Boston Injury Lawyer Blog, December 13, 2011

$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims, Boston Injury Lawyer Blog, October 25, 2011

Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011

Continue reading "Man Sues City of Waltham for Massachusetts Child Sex Abuse Allegedly Committed by Former Assistant High School Football Coach" »

At a House Oversight and Government Affairs Committee subcommittee hearing earlier this month, whistleblower Richard West testified about how Medicaid fraud affected the quality of care he received. West, who has muscular dystrophy and qualifies for 16 hours of in-home nursing care every day, said he didn’t receive over 700 hours of in-home nursing care for which Maxim Healthcare Services Inc. billed Medicaid more than $20,000. West told the Congressional committee that he thought it was wrong for someone to profit from his disability while stealing from the government.

In 2004, a New Jersey government agency told West that because he had gone above his monthly benefit cap, his Medicaid services had to be suspended or reduced. He complained first to the state and then to Medicaid and later to a social worker but he says that none of them did anything. He then found a lawyer and filed a whistleblower lawsuit. West says that after he took action, he began having problems with getting home health care nurses to come to him even when he fell ill.

A few months ago, Maxim agreed to settle the Whistleblower lawsuit alleging Medicaid fraud for $130 million. This resolves civil allegations both filed by 43 US states and under the US False Claims Act. The in-home nursing care company will also pay a $20 million criminal fine. As part of its deferred prosecution deal, Maxim took responsibility and admitted conspiring to bilk some $61 million from government health programs. Nine people linked to the Medicaid fraud scam have pleaded guilty to criminal charges and the criminal probe is ongoing.

Because the False Claims Act’s Qui Tam provision entitles whistleblowers to a percentage of what is recovered, West’s portion of the award is $15.4 million.

Maxim Healthcare Agrees to a $150 Million Settlement of U.S. Fraud Probe, Bloomberg, September 12, 2011

Patient Whistleblower Exposes $150 Million Medicaid Fraud, ABC News, December 7, 2011

More Blog Posts:
Whistleblower Lawsuit: Hospice Care Provider Vitas Healthcare Accused of Medicare Fraud, Boston Injury Lawyer Blog, November 27, 2011

Medicare Fraud?: Cigna, UnitedHealth Group, and Aetna Under Scrutiny for Possible Kickback Violations, Boston Injury Lawyer Blog, November 22, 2011

Whistleblower Lawsuit Accuses Florida Hospital of Defrauding Medicare of $2M, Boston Injury Lawyer Blog, November 15, 2011

Continue reading "Whistleblower Testifies on the Toll Medicaid Fraud Can Take On Patients" »

Last week, our Boston injury lawyers published a blog post about a new National Highway Traffic Safety Administration study on text messaging and cell phone use while driving. As evidenced by the number of distracted driving fatalities that happened in 2010, too many people are dying because there are drivers that are multitasking and distracted.

Now, the National Transportation Safety Board is calling for all states to ban any type of cell phone use—including texting—unless it is an emergency situation. Over the last decade, the NTSB has made efforts to limit the use of portable electronic devices by commercial truckers, new drivers, and school bus drivers, but this is the first time that it is calling for a ban that would apply to all drivers. Handheld and hand-free devices would both be barred. Passengers that are not driving, however, would still be allowed to use their cell phones and other devices.

Although the NTSB cannot dictate state law, lawmakers do seriously consider what the federal agency has to say. Currently, in Massachusetts, only school bus drivers, passenger bus drivers, and drivers under 18 are prohibited from using cell phones. There is no ban on the use of hand-held phones—although Rep. Cory Atkins, D-Concord has introduced legislation to make the use of a hand-held cell phone while driving illegal. All drivers are banned from texting in Massachusetts.

Distracted Driving Lawsuits
Distracted driving has proven to be a huge problem among motorists. Even though people are aware of how dangerous talking on a cell phone or text messaging can be when operating a motor vehicle, many motorists cannot seem to stop themselves from making a call, sending a text, checking on email, or surfing the Web and these behaviors are causing serious injuries and killing people.

Some in Mass. eye tougher cellphone restrictions, Boston, December 14, 2011

NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011

National Transportation Safety Board

More Blog Posts:
NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010 , Boston Injury Lawyer Blog, December 9, 2011

Peabody Police Hit as a Pedestrian, Boston Car Accident Lawyer Blog, December 12, 2011

Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011

Continue reading "NTSB Calling for Total Cell Phone Ban on All US Roads and Highways" »

Police say that a teacher’s assistant at the Harbor Pilot School in Dorchester is facing charges of engaging in lascivious and lewd behavior with a student who is disabled and non-verbal. The school employee has been placed on paid administrative leave. According to MassLive.com, the student, 14, is autistic. The boy’s mother told WBZ-TV says that it was police who notified her that someone walked into a room and saw her son with his pants down.

The issue of child sex abuse has come under intense scrutiny nationally with the arrests of ex-Penn State assistant football coach Jerry Sandusky and recently fired Syracuse University assistant basketball coach Bernie Fine. In Massachusetts, if you believe that your son, daughter, or you were the victim of child sex abuse, do not hesitate to contact one of our Boston injury lawyers to find out whether you have a case.

Unfortunately, as the Associated Press reported four years ago (this was a story that we covered in our Boston Injury Lawyer Blog) sex abuse involving teachers as perpetrators happens more often than we’d like to think. Now, with allegations of sex abuse focused on such high profile athletic coaches, questions are again being raised as to whether schools are doing enough to protect kids.

Sandusky is accused of sexually assaulting a number of boys. He is charged with over 50 counts related to sexual molestation, including child rape. Although his alleged victims were kids he worked with through Second Mile charity and not University students, a number of the incidents allegedly occurred on Penn State property. At least one sex abuse lawsuit has been filed suing Sandusky, the University, and his charity.

Regarding the sex abuse accusations surrounding Fine, one of his alleged victims has already sued the former Syracuse assistant coach for sexually abusing him when he was a child. Today, two other alleged victims, Mike Lang and his stepbrother Bobby Davis, have filed a defamation lawsuit against Fine, the university, and head basketball coach Jim Boeheim. The plaintiffs, who claim that Fine molested them repeatedly when they were kids, are upset that Boeheim accused them of lying about Fine and the abuse.

Alleged sex abuse victims announce lawsuit against Syracuse, CNN, December 13, 2011

Jerry Sandusky Waives Hearing, Suggests Victims May Have Colluded, ABC News, December 13, 2011

More Blog Posts:
$100K Lawrence, Massachusetts Clergy Sex Abuse Lawsuit Awarded to Andover Man, Boston Injury Lawyer Blog, October 29, 2011

$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims, Boston Injury Lawyer Blog, October 25, 2011

Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011

Continue reading "Dorchester, Massachusetts Child Sex Abuse?: Teacher's Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student" »

Jean S. Mui, who is the landlord of the Worcester apartment building that burned down during a three-alarm fire on Thursday, is expected in court tomorrow. Mui faces allegations that the building, at 49 Arlington St., was in violation of 30 building and sanitary codes.

Building inspectors had identified the multiple violations before this week’s blaze, which caused the structure to partially collapse. Firefighter Jon Davies was killed in the Worcester fire. Another firefighter, Brian Carroll, suffered injuries.

The two men got trapped when the back of the building caved. They were trying to rescue a missing tenant, who has still not been found.

According to neighbors, recently arson fires have been occurring in the area.

If Worcester premises liability was a factor in causing the building fire and collapse, the firefighters and their families may have grounds for suing Mui for damages. Property owners can be held accountable in civil court or arbitration if a hazard on the premise that could/should have been remedied causes someone to get hurt or die in an accident.

The three-decker on Arlington Street has also been the focus of eight city inspections and three housing complaints in the last year. There were reportedly structural defects in the building’s foundation that weren’t fixed even though months had passed since a city order was put out requiring that the repairs be made. Code violations include those for illegal heaters and rodents.

Workers injured or killed on the job are usually entitled to benefits from their employer’s insurer. This, however, does not preclude them from obtaining Worcester wrongful death or personal injury recovery.

Worcester fire landlord faces code citations, Boston Herald, December 11, 2011

Worcester firefighter dies in blaze, AP/Sentinel and Enterprise, December 9, 2011

More Blog Posts:
Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident, Boston Injury Lawyer Blog, November 24, 2011

Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011

Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually, Boston Injury Lawyer Blog, April 26, 2011

Continue reading "Worcester Building that Collapsed During Fire, Killing One Firefighter and Injuring Another, May Have Been Poorly Maintained" »

The National Highway Traffic Safety Administration has published its 2010 Fatality Analysis Reporting System, and our Boston injury lawyers are pleased to report that the latest figures show that last year saw a drop in Massachusetts motor vehicle crash deaths. There were 314 traffic fatalities in the state in 2010, which is a 26% dip from the 340 deaths in 2009.

Federal traffic safety officials announced that 32,885 US traffic deaths for 2010, this is the lowest number of motor vehicle fatalities that the country has seen in a year since 1949. This record-breaking low happened even as motorists traveled almost 46 billion more miles than in 2009. US Transportation Secretary Ray LaHood is crediting “our safety agency and partner organizations” for their efforts.

There was, however, a 1.2% increase in the number of US motor vehicle crash injuries that occurred. Nationally, 2,243,000 people were hurt in traffic accidents in 2010, which is slightly more than the 2,217,000 motor vehicle crash injury victims from 2009.

The federal government also released its findings from a survey that reported an increase in the number of people who text and drive at the same time despite the growing awareness that this is dangerous. Young people are especially prone to texting while driving.

More than 6,000 drivers participated in the survey. Per its results, at any given moment in 2010, nearly 1 out of ever 100 drivers was emailing, texting, surfing the Internet, or doing something else on a handheld device while operating a motor vehicle—that’s a 50% jump from the year before. A few of survey’s other findings:

• Both women and men are just as likely to make or take cell phone calls, text, or read email while driving.
• Drivers under age 25 are 2-3 times more likely to text or email than older drivers.
• Aside from poor weather conditions, traffic jams, or a fast traffic pace, most drivers found there were few situations during which they wouldn’t text and drive.

The NHTSA says there were 3,092 distracted driving deaths in 2010.

Gov't survey of drivers finds 2 in 10 texting, Bloomberg Businessweek/AP, December 8, 2011

U.S. Transportation Secretary LaHood Announces Lowest Level Of Annual Traffic Fatalities In More Than Six Decades, NHTSA, December 8, 2011

2010: Motor Vehicle Crashes: Overview, December 2011 (PDF)

More Blog Posts:
Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011

Man in Wheelchair Killed on Busy Street in Brockton, Boston Car Accident Lawyer Blog, October 28, 2011

Massachusetts Supreme Judicial Court to Consider Whether Drunken Driver Acquittal Rate is Too High, Boston Injury Lawyer Blog, October 31, 2011

Continue reading "NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010 " »

According to the Boston Globe, Segway accidents have resulted in at least 10 injuries in this city in the last 12 months. Nine of the incidents involved fall accidents off the Segways. A tenth incident involved a person on a Segway getting hit by a car.

Four of the Boston Segway accidents occurred in the Beacon Hill area. Another four happened in the North End, while two other incidents took place in Charleston.

If you or someone you love was injured in a Massachusetts Segway accident, you may want to explore your legal options with an experienced Boston injury lawyer.

Segways
As this two-wheeled electric vehicle that riders are expected to stay balanced on has grown more popular, so has the number of injuries. While Segway accidents do occur because of rider inexperience (it can take a little while for some people to get a hang of using the “Lean Steer” handlebar, as they lean forward and back to get a Segway moving) other common causes of related injury accidents are poor instruction, inadequate supervision, a defective Segway, a malfunctioning part, or a defect on the road.

Just last year, the Annals of Emergency Medicine reported that 25% of patients who were admitted to one DC ER were Segway accident victims. At least four people had sustained traumatic brain injuries and were treated in the ICU.

All of the accident information used in this study involved Segway fall incidents with the victims striking inanimate objects. Less than half of the patients whose records were examined had been using helmets. It was also last year that Segway company owner James Heselden died in a Segway accident. The 62-year-old sustained fatal injuries when his Segway skidded into the Wharfe River in England.

Other Segway Accident Injuries:
• Broken bones
• Spinal cord injuries
• Facial injuries
• Wrist injuries
• Disfiguration

In 2006, 23,500 Segways were recalled because a defective part caused the personal transporters to suddenly go backwards at high speeds. That announcement was made three years after Segway recalled another 6,000 because of a safety issue that could cause the two-wheeled vehicle to stop suddenly while the battery was discharging.

Segway has been named as a defendant in a number of products liability lawsuits. Parties that rent or loan out a malfunctioning Segway can also be held liable for Boston personal injury. If a road defect was the cause of your Segway accident, you may have grounds for a Massachusetts premises liability case.

10 Segway injuries reported in Boston over last year, Boston, December 7, 2011

Serious Injuries From Riding Segways Increasing, MedicineNet.com, September 28, 2010

More Blog Posts:
Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident, Boston Injury Lawyer BLog, November 24, 2011

Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011

Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually, Boston Injury Lawyer Blog, April 26, 2011

Continue reading "Boston Injuries Reported in 10 Segway Accidents in 2011" »