Boston Personal Injury Lawyers Blog

The American Academy of Pediatrics and the National Highway Traffic Safety Association recently issued new guidelines regarding child seats in cars. Although the two organizations issued the guidelines separately, both have concluded that a child should ride in a rear-facing child seat until the child reaches two years of age. Studies used to formulate the guidelines showed that a one-year-old child was five times more likely to be injured in a crash in a front facing seat than in a rear-facing seat. The front facing seat enables the child's head to snap forward at impact during a motor vehicle accident, potentially causing serious spinal injury. Young children are more susceptible to this type of injury due to their generally larger head-to-neck size ratio.

The new guidelines also address car seat safety for older children. One such recommendation is that children under the age of thirteen ride only in the back seat. The real trouble, however, could come when parents try to convince their children-even those over the age of twelve, possibly-that they too will be required to ride in a car booster seat. This guideline states that children under the height of 4'9" should ride in a booster seat when using a lap-to-shoulder seatbelt. The underlying rationale is that children at and under that height do not properly fit in lap-to-shoulder belts, often resulting in abdominal and spinal injuries during car accidents. While these remain only guidelines, a battle of resistance between pre-pubescent children and their parents over the use of a booster seat is sure to result.

The guidelines may be found at the National Highway Traffic Safety Association website by clicking here, or the American Academy of Pediatrics website here.

Continue reading "Child Car Seat Safety Can Avoid Serious Car Accident Injury" »

The Massachusetts Move Over law that was enacted in March 2009 has been abided by most drivers on the Massachusetts Turnpike and other roads on which emergency responders and maintenance crews are stationed; however, drunk drivers sometimes fail to move into the adjacent, unoccupied lane as is required by the law, because they're driving impaired.

Since 2009 there have been several accidents involving state troopers caused by alleged drunk drivers who did not "move over." The latest occurred January 2, 2011 on the Massachusetts Turnpike when a Washington state man, who has been charged with driving with an open container and failing to "take care in stopping", rear-ended state Trooper Steven Larocco's cruiser. LaRocco was in the cruiser at the time when it was hit; the impact caused the cruiser to hit a third car that was partially pulled over on the side of the road as he was checking on it. The passengers in the third vehicle involved in the car accident, as well as Trooper LaRocco were injured. The Washington state man was not.

The full article is featured in the Boston Globe: Trooper, 3 others injured in crash

Follow-up post, Like Moths to a Flame: Drunk Drivers Drawn to Bright Lights, featured in our Boston Criminal Defense Lawyers Blog.

Continue reading "Drunk Drivers Fail to Abide Move Over Law: State Trooper One of Many Injured " »

A young woman suffered fatal injuries after she was hit by a bus early this morning around 8:49 AM in the Longwood Medical Area.

According to Boston police, who are investigating the accident, the woman was about 30 years old, was crossing Ruggles Street and Huntington Avenue, not far from Wentworth Institute of Technology and Longwood Medical Area. The woman was taken immediately to Brigham and Women's Hospital, where she died.

Police also reported that she had been trapped under the bus after she was hit. Police blocked the bus accident scene and are currently investigating the accident. The bus that hit the woman was a shuttle bus that was provided for the Longwood Medical Area.

According the Boston Globe, The operator, Paul Revere Transportation, released a statement saying it "is deeply saddened by the terrible tragedy that took place this morning. Our heartfelt prayers and sympathies go out to the family of the victim. Paul Revere is cooperating fully with the accident investigation. The driver involved in the accident has been removed from service and taken to Beth Israel Hospital."

Boston Globe Article on Woman Hit By Bus in Longwood Medical Area

Continue reading "Woman Killed by Bus in Boston's Longwood Medical Area " »

A Seekonk, Massachusetts high school student was killed on I-195 Friday, December 17, 2010 after being struck by a car that immediately fled the scene.

Family, students and community members gathered Sunday afternoon to grieve for the loss of Jacob M. Mayo.

Mayo who was 18, was walking in the breakdown lane heading westbound when he was hit, possibly by a red Hyundai Accent.

The full article and embedded video is featured in the Boston Globe: Seekonk grieves for teen killed in I-195 hit-and-run

This past Friday, December 3rd, a bus full of University of Massachusetts Amherst students careened off the highway in Putney, Vermont. In a group of three buses, one rolled over and landed into a side embankment. The buses were heading to a ski resort in Quebec, Canada. According to reports, the driver lost consciousness behind the wheel, and the bus then rolled over along the highway. Local paper reports stated that the bus "veered over the median and is now facing north, but in the southbound embankment." There were at least two dozen vehicles on the scene. The 49-year-old driver was air-lifted from the accident scene to the hospital. The bus driver was released from the Dartmouth-Hitchcock Hospital in Lebanon, New Hampshire on Saturday afternoon.

The accident left 17 students injured. Some students were injured from flying glass as the bus rolled over. The UMass website reported that the students were released on Saturday from hospitals in Brattleboro and Springfield Vermont. Initial police reports stated that 30 people were injured, three of them critically. There were actually 28 other students on the bus who were not injured, and in fact some passengers were not students. The discrepancies in reports were due to the chaotic accident scene.

The Boston Globe reported that the bus driver had been with the company for six or seven years, and has had no known health issues. He also passed a physical six months ago. The bus company owner, Joe Schoppy, told the paper that the bus driver was one of their best, and the accident was his first. He stated that the driver may have suffered a heart attack or anxiety attack immediately before the crash. An investigation into the cause of the accident is underway.

News report for this bus accident

Continue reading "Bus Accident With UMass-Amherst Students Crashes on a Highway in Vermont, Dozens Injured" »

A driver who fails through action or inaction to operate his vehicle with reasonable care is said to be negligent and can be held liable for all related injuries stemming from that negligence. At least, that is what the law in Massachusetts says; but the fact of the matter is the people involved in Massachusetts car accidents and the events leading up to them can play a significant role in the actual outcome of the case.

This scenario plays out most commonly in accidents where the defendant's responsibility is certain. In such car accident cases the defense attorney will shift the attention from the facts of the accident which clearly do not help the defendant, to the character of the defendant hoping to minimize the verdict against his client. In doing this, the hope is that if a jury likes the defendant as a person and thinks this was just an "accident" then it will not award the plaintiff what the law states it should. This is of course assuming that jurors believe that the manner in which the accident occurred was something that the jurors collectively could see themselves doing at one time or another.

In contrast, however, if the actions of the defendant leading up to the accident are so reckless that the jurors cannot relate, then the exact opposite will occur. Juries in these instances may be more likely to award more than it should in an attempt to punish defendant. Massachusetts does not allow for punitive ("punishing") damages in motor vehicle negligence cases which do not result in death. Despite this fact however, it is likely that a plaintiff will see a much larger verdict when the defendant is for example driving at an excessive speed or operating under the influence of alcohol, than in cases in which the defendant took his eye off the road for a second.

If you have been involved in a motor vehicle that caused an injury, contact the attorneys Parker Scheer LLP for a free confidential case review at 866-414-0400.

Continue reading "What Really Impacts the Outcome of Motor Vehicle Cases?" »

According to a Boston Globe The Boston Globe: One dead in I-495 crash">article, John H. Kempster Jr., a 62-year-old man from Taunton was killed when his 2004 Honda SUV flipped over on I-495 in Mansfield. Kempster was ejected from the vehicle after it rolled over a number of times. Police arrived at 10 p.m., and Kempster was transported to the hospital where he was pronounced dead. The car accident is still being investigated.

It is not uncommon for SUV rollovers to occur as a result of some defect in design or manufacture. When that is the case, the manufacturer or another person could be liable for your injuries. Approximately 37 percent of fatal SUV accidents involve rollovers. SUVs are four times more likely to roll over than passenger cars, according to the National Highway Traffic Safety Administration.

The Boston Globe: One dead in I-495 crash

Continue reading "Taunton Man Dies in SUV Rollover on I-495 " »

On October 26, 2010, a car ran a red light, struck a pedestrian and slammed into a Los Angeles school bus. The bus tipped over injuring 18 high school students and the bus driver, and killing the pedestrian. The car was a black BMW driven by three youths who fled on foot until a construction worker stopped them and held them until police arrived at the scene of the accident. The pedestrian was an unidentified adult. Police are investigating whether drugs or alcohol were a factor in the crash.

The Boston Globe: 1 dead, 19 hurt as car strikes a pedestrian, then slams into LA school bus

Continue reading "Car Hits Pedestrian and Slams into Bus; 1 dead and 19 injured" »

The law in Massachusetts regarding exacerbation of pre-existing injuries is crystal clear and yet cases involving a worsening of an underlying condition can be extremely difficult to prove. Massachusetts law holds a defendant who injures another as a result of negligence responsible for the exacerbation of any pre-existing injury that plaintiff suffers as result of the accident. Despite the state of the law, plaintiffs' lawyers often face vigorous opposition when attempting to convince an insurance adjuster and defense attorney that the accident at issue caused the plaintiff's underlying condition to worsen.

Plaintiffs' attorneys typically encounter exacerbation of injuries as it relates to the neck and back. A plaintiff may have an underlying herniated disc in his neck for which he received conservative treatment five years prior to the accident. The plaintiff is subsequently injured in a motor vehicle accident which causes him to have severe neck pain. Following the motor vehicle accident, the plaintiff receives medical treatment including surgery on his neck. That plaintiff often faces an uphill battle attempting to prove to a reasonable degree of medical certainty that the motor vehicle accident exacerbated the underlying neck injury and necessitated the resulting surgery.

Plaintiffs such as the one just described with underlying injuries that are exacerbated as a result of a personal injury case should be prepared to hear that the condition was pre-existing and nothing the defendant did caused the underlying condition to worsen. Plaintiffs must refute the defendant's denial of the claim by demonstrating through use of the medical records, radiological films and experts that the pre-existing condition was in fact worsened as a result of the negligence of the defendant.

Continue reading "Pre-existing Injuries in Personal Injury Cases" »

The Massachusetts ban against texting while driving will go into effect on September 30, and nationwide, officials are becoming ever more concerned about distracted driving. U.S. Secretary of Transportation Ray LaHood called distracted driving an "epidemic," according to the Boston Globe. Data released this week by LaHood's agency show that distracted driving caused 959,000 car accidents last year, with 4,898 resulting in death. The second annual National Distracted Driving Summit is convening on September 21, 2010 in Washington to focus on the many behaviors that distract drivers, including not only texting and cell phone use, but also eating, attending to children and applying makeup.

Officials predict that the new Massachusetts law will have a deterrent effect but that it will be difficult to enforce. It will prohibit drivers under age 18 from using any mobile electronic device while driving and prohibit drivers age 18 and older from texting, e-mailing and searching the Internet while driving.

Careful, non-distracted driving is necessary to preventing car accidents. Unfortunately, however, not everyone drives safely. Parker Scheer LLP's Boston-based Personal Injury Practice Group offers top-tier legal counsel to individuals in connection with personal injury and wrongful death claims. Members of the firm's Complex Personal Injury Group have represented adults and children in a wide variety of personal injury claims, including injuries and death caused by car accidents.

The Boston Globe: As ban nears, state spreads word against driver texting

Continue reading "Ban Against Texting While Driving Effective Soon; Concern About Distracted Driving on the Rise" »

This past weekend, four people were killed in a Manchester car crash. A friend of the victim's family saw skid marks on the highway and called police. The car, which flew off the road into a lowered ditch, was found on Interstate 293 on Sunday afternoon. A relative to one of the victims reported that the four victims were friends in middle school, and were last seen at a Manchester bar early Saturday morning. The four men found dead inside the vehicle were reported missing the night before. According to the witness, the vehicle was difficult to see from the road, as it crashed off the road into a densely wooded area. State police believe the car drifted to the right side of the road before veering off the left side of the road before stopping at the bottom of an embankment.

Police are currently investigating what happened, and are looking into whether something mechanically wrong with the vehicle may have led to the crash. According to officers, the vehicle crashed at a high speed and the deaths of all four were instant. The investigation thus far revealed that only one person, the driver, was wearing a seatbelt. The investigation is ongoing, and the police cannot say if the vehicle was speeding or if alcohol played some part in the crash. Future investigation will include autopsies, toxicology tests and accident reconstruction in order to provide some answers.

Autopsy Shows 4 Killed Instantly in NH Crash

4 Dead in Car Accident in Manchester, NH

Traffic fatalities caused by alcohol-impaired drivers jump by about ten percent over the Christmas and New Year holidays. A 2007 report from the National Highway Transportation Safety Board found that throughout the year, approximately thirty-percent of all traffic fatalities were caused by alcohol-impaired drivers. During the Christmas and New Year, that number jumps to around 40 percent.

When traveling during the holidays, the Massachusetts Highway Department suggests planning ahead to avoid holiday car accidents by: picking a designated driver before going out, taking a cab, using public transportation, or calling a sober friend or family member. If you’re on the road, avoid cars that zigzag across lanes, make wide turns, brake and accelerate rapidly, or have a delayed response to traffic signals. Other hallmarks of a drunk driver include cars driving without their headlights on at night, cars driving 10 miles per hour above or below the posted speed limit or cars that are following too closely. The Department advises drivers to call 911 if they observe a vehicle driving in this manner.

If a drunk driver has injured you, or someone you know, in a Massachusetts car accident, you may be entitled to damages. To speak with a highly experienced Massachusetts car accident lawyer, phone Parker Scheer LLP seven days a week, toll free at 866-414-0400. There is no fee charged to discuss your case, and all information furnished will be kept strictly confidential.

Recently, the National Highway Traffic Safety Administration reviewed 1,446 fatal accidents, and it found that in 255 cases the air bags had not been replaced after a previous accident. A common scheme used by unscrupulous auto repair shops is to bill insurance companies to replace old air bags, but instead stuff old airbags, rags, clothing, beer cans, paper, or even packing peanuts into air bag compartments.

The state of Massachusetts, the federal government, and the insurance industry do not track car accident injuries or fatalities caused by air bag fraud. Massachusetts does not regulate air bag replacement, even after an air bag has been deployed in an accident. Massachusetts has no criminal penalty for fraudulent replacement of air bags.

Typically, a car’s air bag light comes on for a few seconds when a car is started. If the light remains on, flashes, or never comes on, this is a clear warning that there is an air bag malfunction. A qualified mechanic should check the air bag. Not only will a car fail a Massachusetts inspection if the air bag light is on, but the air bag may not deploy in an accident.

Prior to purchasing a used car, it is advisable to check a vehicle’s accident history. Even where an air bag has not deployed, such as in a flood, an air bag’s effectiveness can still be inhibited.

If you or someone you know has been injured by a faulty air bag or an air bag malfunction, you may be entitled to compensation. To speak with a highly experienced air bag malfunction lawyer, or a faulty air bag car accident lawyer, phone Parker Scheer LLP seven days a week, toll free at 866-414-0400. There is no fee charged to discuss your case, and all information furnished, will be kept strictly confidential.

According to the National Highway Transportation Safety Administration, in 2007 the overall number of traffic fatalities dropped to its lowest level since 1994. Out of approximately 3 trillion miles traveled, there were 41,059 traffic fatalities. The NHTSA data showed a decline in passenger car fatalities for the fifth consecutive year, a decrease in light truck fatalities for the second straight year, and a drop in injuries for the eighth year in a row.

Breaking down the numbers, there were 16,520 fatalities and 1,379,000 injuries in passenger cars. By comparison there were 12,413 fatalities and 841,000 injuries in light trucks (the federal government’s definition of light truck includes vans, minivans, SUVs, and pickup trucks). Only motorcycle-related fatalities and injuries increased from 2006; there were 5,154 fatalities and 133,000 injuries on motorcycles.

The NHTSA’s 2007 data reveals that vehicle occupants accounted for 74 percent of traffic deaths, motorcyclists were 13 percent of the deaths, pedestrians accounted for 11 percent and bicyclists and non-occupants accounted for the remainder.

The top five driving behaviors leading to fatal traffic accidents included failure to stay in a lane (28 percent), speeding (21.5 percent), drugs or alcohol (13.6 percent), inattentiveness (8.4 percent), and failure to yield (7.2 percent). Some of the other risky driving behaviors that the NHTSA catalogued were failure to obey traffic signals or signs, improper turns, driver fatigue, and reckless or negligent driving.

Preliminary data for 2008 show that the overall number of traffic fatalities was down 10 percent for the first ten months of 2008, as compared to 2007.

The NHTSA also reviewed 2006 data for trends in traffic fatalities that involved speeding. It found that motorcycles were the deadliest: 37 percent of all motorcyclists involved in fatal crashes were speeding. For other types of vehicles, 23 percent were passenger car drivers, 19 percent were light truck drivers, and 8 percent were large truck drivers (by definition, a large truck is one that weighs at least 10,000 pounds). The NHTSA estimates that crashes cost $230.6 billion per year, and speeding-related crashes accounted for $40.4 billion of that figure.

The NHTSA also reviewed 2006 data for trends in traffic fatalities that involved speeding. It found that motorcycles were the deadliest: 37 percent of all motorcyclists involved in fatal crashes were speeding. For other types of vehicles, 23 percent were passenger car drivers, 19 percent were light truck drivers, and 8 percent were large truck drivers (by definition, a large truck is one that weighs at least 10,000 pounds). The NHTSA estimates that crashes cost $230.6 billion per year, and speeding-related crashes accounted for $40.4 billion of that figure.

The federal government considers a driver to be alcohol-impaired when he or she has a blood alcohol content of more than 0.08 percent (Massachusetts drunk driving law also uses 0.08 percent). In a study of alcohol-impaired driving, the NHTSA found that in 2006 a third of all traffic fatalities were linked to alcohol-impaired driving. The 13,470 fatalities equal one alcohol-impaired fatalities every 39 minutes.

If you or someone you know has been hurt in a car accident, you may be entitled to compensation. To speak with an experienced Massachusetts car accident lawyer, contact Parker Scheer LLP seven days a week, toll free at 866-414-0400. There is no fee charged to discuss your case, and all information furnished, will be kept strictly confidential.

Neck injuries that result from car accidents usually happen in a hit from behind, or rear end collision. The most common injury is whiplash. Whiplash is when the head moves suddenly in one direction and recoils in another, causing the neck to be forced beyond its normal range. Victims begin to experience symptoms following the accident. These symptoms are headaches, fatigue, dizziness, pain in the shoulder and between the shoulder blades and pain in one or both arms. Additional signs are sleep disturbance, poor concentration or memory or a sudden onset of ill-temperament or depression. Whiplash is more serious than people tend to believe, in fact, many victims never fully recover from it.

If you've experienced whiplash from a hit from behind, you should speak with a Boston personal injury lawyer who specializes in Massachusetts car accident law. The medical expenses for future years down the line may be more costly than you can imagine. Many who are suffering from whiplash resort to extensive physical therapy, injections and surgeries. The underlying cause for prolonged whiplash most of the time is trauma to facet joints and discs. Facet joints are found at each level of the spine, with the exception of the top, and allow for 20 percent stability when twisting the torso for the neck and lower back. If they are damaged in any way, rotation becomes painful and the victim is less mobile.

Injury to a disk is also severe. The cervical spine consists of the seven vertebrae in the neck that are separated by disks. Disks serve as cushions in between the vertebrae. They have three main functions: allowing extension of the neck; absorbing shock and connecting vertebrae to one another. If these disks are injured in any way, the pain may be constant and last for a long period of time. Also, when ligaments in the cervical vertebrate are stretched or torn beyond their normal range of motion due to whiplash, this will cause a neck sprain. A neck sprain is another common result of whiplash.

Please contact a Massachusetts personal injury lawyer at Parker Scheer if you or a loved one has sustained a neck injury. The Massachusetts car accident lawyers at Parker Scheer LLP will work to win the best settlement for you and your family.