Boston Injury Lawyer Blog

The National Highway Traffic Safety Administration announced that Dorel Juvenile Group is recalling almost 800,000 child safety seats because the locking mechanism is prone to malfunction. Boston child injury lawyer Neil Burns noted that consumers can click here to see if their model is affected. The NHTSA said the solution is simple - Dorel will provide a safe lubricant to prevent sticking, resolving the problem.

According to NHSTA, you can continue to use the child restraint seats before applying the lubricant, however, you need to be sure that the harness is adjusted properly and the lock and release button is fully in the locked position.

Dorel's phone number is 1 -866-623-3139 and their email address is harnessadjustment@djgusa.com for those with concerns and questions.

Your insurance company is responsible for defending you if someone sues you after a Massachusetts motor vehicle accident, or a slip and fall accident at your home in Boston. Right? Sure, however, insurance companies often decline to defend you under what they call a "reservation of rights." In those cases, they may defend you but not guarantee to pay a judgment, or they may not hire a Massachusetts trial lawyer to defend you.

In a case handed down by the Massachusetts Appeals Court, the Court said that when Northern Security Insurance Company failed to defend a landlord being sued, and then failed to pay the attorney that the landlord hired privately, Northern Security owed the landlord the reasonable attorney fees for that attorney. Northern Security wanted to pay a reduced, contract rate, of insurance. The Court held that because Northern Security did not have a contract with that attorney, they had to pay the reasonable rate. Further, they had to do it timely. See Northern Security Insurance v. R.H. Realty Trust.

Continue reading "Massachusetts Insurance Lawyers Fees" »

Pedestrians in Boston should be pleased to know that the rage they perceive in other walkers could be very real. Signs of sidewalk rage, according can be assigned to the Pedestrian Aggressiveness Syndrome Scale, ranges from feeling stress and impatience when walking to the extreme psychiatric condition called "intermittent explosive disorder," or the simple muttering and hogging a lane. The PASS scale was developed by Dr. Leon James, of Hawaii, whose website provides tips on how to "handle one's pedestrian rage." Moreover, he focuses on how to keep children pedestrians safe on the streets.

Different walking speeds can lead to distorted perceptions in others. In a New York City study designed to study "pedestrian level of service," the speed at which different categories of pedestrians walked was studied extensively. For example, tourists walk 2.79 feet per second while pedestrians with headphones walk at an average rate of 4.64 feet per second. Cellphone users average 4.2 feet per second. Men walk faster than women; and large people walk slower.

Continue reading "Road Rage Not Limited to Drivers" »

Boston traffic is bad. Commuter congestion is increasing in Boston. Boston was ranked fourth among large urban areas in "wasted hours" with 48 hours wasted by commuters in Boston 2009. The average American commuter spent 34 extra hours per year commuting in 2009, verses 14 hours in 1982. Chicago and Washington DC drivers wasted 70 hours per year due to congestion. Unfortunately, Boston's rank went from 6th, in 1982, to 4th in 2009. In a study by The Texas Transportation Institute, and sponsored by various national education and research foundations, entitled the 2010 Urban Mobility Report.

Among the report's conclusions are that Americans waste 3.9 billion gallons of fuel, at a cost of $115 billion (compared to $24 billion in 1982) as a result of urban congestion. And the trend is worsening. With the economy expected to heat up, the expectations of the researchers is that congestion will worsen.

Continue reading "Boston Road Congestion Worsens" »

According to a new study by researchers at the University of Michigan, motorcyclists have a higher death rate than distracted drivers. From 2005 through 2008, the number of fatalities involving motorcyclists grew from 4,492 to 5,129, at a rate of 14%. During that same time period, the number of fatalities attributable to "inattentive driving" grew from 2,369 to 3,366. The researchers attributed the motorcycle statistics to "middle-aged men with little or no prior experience."

Total deaths from motor vehicle crashes was 43,500 in 2005. That number declined to 34,000 in 2008. Of course, alcohol and speed still account for the vast majority of deaths on highways: in 2008, 62%, or, over 21,000 deaths were attributable to single vehicle crashes. This number declined from 2005 to 2008, by 9%, however, is was less than the overall decline, which was 13%.

Continue reading "Distracted Drivers or Middle Aged Motorcyclists; Who is the Problem in Massachusetts?" »

We all know Tom Brady won't be playing. Bill Belichick will be safely back from Hawaii, working on the Patriots' NFL draft. But many Massachusetts football fans will want to go out to watch the game. We implore you all to be careful driving in Massachusetts after the game. If the weather is bad, don't drive. If you have had any alcoholic beverages, don't drive. If you are out driving in Boston or around Massachusetts follow a few simple rules; stay awake, or have someone spot you; winter driving in Massachusetts requires all of the precautions we discuss on our personal injury blog; using a cell phone is dangerous and texting in Massachusetts is illegal; watch out for pedestrians and, if you are a pedestrian, follow Massachusetts pedestrian safety laws.

According to the National Traffic Safety Administration, the high risk populations are alcohol impaired drivers, which accounts for 38.6% of all traffic deaths. They urge the use of taxis, public transportation and designated drivers. Second, young drivers; the death rate of 16 to 20 year olds is twice the national average! Third, pedestrians, who account for 13% of all motor vehicle related deaths. Finally, seat belts and child booster seats are required, by law, and have reduced motor vehicle death rates dramatically.

Continue reading "Avoiding Massachusetts Motor Vehicle Accidents on Superbowl Sunday" »

Massachusetts roofs are in danger, though perhaps only a very small percentage of them. Ice dams can result in water damage to homes. Boston personal injury lawyer Neil Burns notes that experts say it may be safer to not attempt roof work in this weather. The most attention should be paid to flat roofs in Massachusetts commercial buildings rather than homes. Some of those flat roofs do not drain properly.

The Massachusetts Executive Office of Public Safety and Security (EOPSS) provides a host of safety tips for residents. The following are ways to prevent injury and property damage:

1. Pay attention to build ups, especially in one or more specific places on the roof;
2. Wear protective headgear and eye glasses when examining and working near roofs;
3. If you can "rake" the roof from the ground, try; be careful of power lines, cable lines, windows, etc. This task could be more dangerous than doing nothing;
4. Avoid ladders as they add risk of danger, especially in winter weather;
5. Flat roofs can be shoveled, but only if it is determined safe to be up there;
6. Icicles are not a sign of ice damming, but they can be dangerous

The news around town this week focuses on winter storms, roof collapses and snow. And more snow. Keeping safe in winter involves a multiplicity of venues. First, driving:
our article Avoiding Massachusetts Motor Vehicle Accidents on Superbowl Sunday outlines basic driving tips for Boston area winter drivers. The focus was on avoiding alcohol and driving when tired or otherwise impaired after the game. Of course, in bad weather, the idea is to stay off the road and use public transportation. In our article Winter Driving Tips for Massachusetts Drivers, we offered advice culled from experts regarding safe driving in Massachusetts. A multiplicity of advice including stopping texting and being cautions in intersections, even when you have the right of way.

Second, your home: There is a new Massachusetts snow and ice law which makes homeowners and landlords more responsible for clearing snow and ice from their stoops and walkways. House roofs in Massachusetts [add cite from roof article here] are more vulnerable than ever with the weight of the snow and ice. Our blog article on Massachusetts roof safety points to the general advice there.

There is also the threat of loss of power. The experts offer the following advice;

1. The use candles is potentially dangerous;
2. Have flashlights, a portable radio, and a food supply;
3. Generators can be good, but require a host of safety tips;
4. Check your clothes dryer and other fan vents;
5. Space heaters can be dangerous, don't use near flammable objects;
6. Allow water to run to avoid freezing pipes;
7. Be especially careful inspecting power lines - they are dangerous.

In a French study published in PLOS Medicine, of 72,685 drivers involved in serious motor vehicle accidents, 27% had taken at least one prescribed medicine the day of the crash. Drivers that had taken more serious drugs, including antihypertensives, diabetes drugs, opioids and antidepressants were at a higher risk of being responsible for a motor vehicle crash than drivers taking less serious prescription drugs. The Wall Street Journal
pointed out that the study did not take into account non-compliance in prescriptions; folks that were supposed to be taking the medication, but were not. Nevertheless, the study is instructive to Massachusetts drivers.

The study's conclusion was that "the use of prescription medicines is associated with a substantial number of road traffic crashes," especially with more serious medications. The study discusses the fact that throughout the world, over 1.3 million people die each year on the roads; 90% of those people are in developing countries. The scientists undertaking the study point out that it is the side effects, such as impairment, of prescription medications that need to be addressed.

Continue reading "Massachusetts Drivers Beware of Prescription Medication" »