Boston Injury Lawyer Blog

Massachusetts has recently seen a rash of Boston area car accidents involving Massachusetts State Police officers. Thus, the State Police Association of Massachusetts -- the troopers' union -- is calling for action: they want more personnel on major highways during peak hours, primarily Friday and Saturday nights. The attorneys at the Boston Law Office of Neil Burns want all Boston and Massachusetts residents to drive with caution as we see firsthand the results of personal injuries resulting from car accidents and those injured in car accidents.

Recently, a Massachusetts state trooper was recently killed in Mansfield, Massachusetts and two more state troopers were injured during car accidents in Cambridge, Massachusetts and Taunton, Massachusetts. These crashes are thus increasing road, traffic, and automobile safety concerns in recent weeks and prompting Massachusetts to take action.

The move is getting a lot of attention and for good reason. Across the country, the number of officers killed in traffic accidents is up 35 percent this year.

Continue reading "Massachusetts State Troopers Try to Improve Safety" »

Boston area residents should be role models when it comes to bicycle safety. Massachusetts General Laws, Chapter 85: Section 11B, requires all persons 16 and under to wear an approved bicycle helmet while operating their bike on any public way in Massachusetts. The Law says nothing regarding adults and those over 16, however. The Boston Law Office of Neil Burns represents individuals injured in bicycle accidents and knows the importance of wearing a helmet in promoting bicycle safety.

The importance of wearing a bicycle helmet, regardless of age, cannot be overstated. More than 90 percent of the 714 bicyclists killed in 2008 were not wearing helmets, according the Institute for Highway Safety. So even though there is no law, per se, requiring helmet use for those older than 16, safety is the real issue.

Continue reading "Bicycle Helmet Safety" »

Massachusetts Legislation written in Boston is attempting to make seat belt violations a primary offense. Most recently, Massachusetts state Senator Patricia Jehlen, D-Somerville, reintroduced the measure this year. But the bill has yet to advance beyond the Joint Public Safety Committee. The Boston attorneys at the Law Office of Neil Burns want Boston and Massachusetts residents to practice safe driving methods, and avoid serious personal injury and auto accident injuries.

Massachusetts law already requires most Massachusetts drivers and adult passengers to wear seat belts or face a fine, but police cannot pull over a vehicle for that violation alone. An officer can only stop a car or truck for a so-called primary offense, such as speeding. But when other states have passed laws allowing police to pull over and ticket drivers who are not wearing seat belts, surveys have shown a 10- to 12-percent jump in the rate of buckling up within the first year.

Continue reading "Should Massachusetts Have Tougher Seat Belt Laws?" »

Memorial Day in Boston marks the unofficial start of summer, and unfortunately, potential boating injuries and personal injuries from outdoor activities. The Massachusetts Environmental Police (MEP), housed as the Executive Office of Energy and Environmental Affairs' Office of Law Enforcement, is the primary agency responsible for enforcing Massachusetts' fish and game and boating and recreational vehicle laws. The Boston attorneys at the Law Office of Neil Burns brings you the following reminders regarding boating safety since Boston and its surrounding Massachusetts suburbs have such wonderful areas for boating.

In addition to wearing personal flotation devices (PFDs), commonly known as lifejackets, officials urge boaters to take a boating safety course, operate boats only while sober and make sure their boats have the required safety equipment onboard. Massachusetts Environmental Police Director Col. Aaron Gross also cautioned boaters that water temperatures are still cool and that boaters should take precautions to prevent hypothermia.

Safety rules for boating including one personal floatation device, or life jacket, for each person in the vessel. Massachusetts law requires children under the age of 12, all persons riding personal watercrafts such as Jet Skis or Sea-Doos, and all water skiers and tubers to wear approved life jackets.

Massachusetts law also prohibits operating any vessel under the influence of alcohol or drugs. Boaters are also prohibited from operating within 150 feet of a public or private swimming area. All boaters are reminded to operate their vessels at a reasonable speed based on the existing conditions which include traffic density, weather and visibility.

Under Massachusetts law, boaters under the age of 12 may not operate a motorboat unless accompanied and supervised an adult. Children between the ages of 12 and 15 must complete an approved boating course. Children under the age of 16 may not operate a personal watercraft. Personal watercraft operators between the age of 16 and 18 must pass an approved boating safety course prior to operation. All boats are required to carry life preservers, fire extinguishers, and navigation lights. A paddle or an oar is required on boats less than 16 feet long.

Massachusetts seat belt use was 67% in June 2008, and in an effort to get Boston and Massachusetts residents to increase seat belt use, Massachusetts has launched the spring mobilization effort of Click It or Ticket. Seat belts reduce the risk of death or serious injury in a motor vehicle collision by up to 50%, and the Boston Law Office of Neil Burns wants Massachusetts residents to stay safe and help promote highway safety by buckling up.

The goal for Massachusetts 2010 is to increase seat belt use. Nationwide seat belt use was 83% as of 2008. Massachusetts law requires all occupants to be properly restrained by safety belts when riding in a private passenger motor vehicle, including vans and trucks. Learn more about the Massachusetts Safety Belt Law as well as the Massachusetts Child Passenger Safety Law by following the links as cited.

Continue reading "Massachusetts Seat Belt Safety" »

A report by the Institute of Medicine is good advice for Boston residents. Noting that Massachusetts and "The vast majority of the U.S. population is consuming sodium at levels that are simply too high to be safe," the report called on the Food and Drug Administration to mandate maximum levels of sodium in food. While the attorney's at the Law Office of Neil Burns help Boston area residents hurt in car accidents, slip and falls, and other personal injuries, we, at the same time, always strive to help keep Boston and Massachusetts area residents informed of safety tips for healthier lives.

The report also noted that elevated sodium intake contributes to high blood pressure, which can lead to heart disease and other health problems. Thus, it recommended that a federal effort to cut salt in the food people eat could prevent 100,000 deaths a year. Salt is currently considered a safe food ingredient, and there is no limit to how much of it companies can put into their products.

Continue reading "Massachusetts Residents Should Monitor Salt Intake for Better Health" »

Massachusetts statistics cited by the National Safety Council in its recent editorial regarding banning the use of cellular phones while driving; distraction is a problem in a large percentage of crashes. The Boston injury attorneys at the Law Office of Neil Burns has experience in cases where distracted drivers have caused car accidents where serious personal injury results. The Law Office of Neil Burns has represented Boston and Massachusetts area residents injured as a result of distracted drivers.

The National Safety Council demonstrated that distracted driving is a lethal problem. The National Safety Council estimates that a quarter of all crashes in the United States -- 1.4 million crashes, with 645,000 injuries -- involve cell-phones. Distracted driving kills 6,000 people a year nationwide, with cell-phones being the likely culprit in more than 40 percent of all fatalities.

Continue reading "Should Massachusetts Ban Cellular Phones Use While Driving?" »

Boston's Massachusetts Coalition for Occupational Safety and Health, and the Massachusetts AFL-CIO, located in the Boston suburb of Malden, have recently released a report documenting that sixty-two people died from work-related causes last year. The workplace injury attorneys at the Boston office of Law Office Neil Burns know that safety is the first step in preventing personal injuries and avoiding work related deaths.

The groups are advocating for stronger workplace protections for Massachusetts workers. Industrial accidents, motor-vehicle crashes, workplace falls, and disease brought on by working conditions were among the causes for deaths Massachusetts workers.

The report comes in the wake of this month's tragedies at a West Virginia coal mine and on an oil rig in the Gulf of Mexico. While Massachusetts work-related deaths are down from 81 in 2004, union leaders and others hope national attention on workplace safety will spur more protective regulations for workers and tougher penalties against employers who endanger them.
"Unfortunately, it often takes a disaster to draw attention," said Marcy Goldstein-Gelb, executive director of the Massachusetts Coalition for Occupational Safety and Heath, which puts out the annual report with the Massachusetts AFL-CIO.

Continue reading "Massachusetts Workplace Safety and Deaths " »

The Massachusetts legislature, sitting in Boston, leads the nation in protecting Massachusetts motorists' safety and economic interests through the legislature's efforts to advance the Right to Repair Act at the state level. Boston personal injury attorney Neil Burns knows that "reducing car accident injuries always starts with increasing ways to be safe."

The Massachusetts Motor Vehicle Owners' Right to Repair Act (S2268) would guarantee equal access to automotive repair information and safety bulletins for independent repairers and their customers. The Massachusetts Right to Repair bill was introduced by state Sen. Stephen J. Buoniconti, D-West Springfield and Rep. Garrett J. Bradley, D-Hingham.

Continue reading "Massachusetts Auto Safety Bill For Right to Repair " »

The Massachusetts legislature, sitting in Boston, leads the nation in protecting Massachusetts motorists' safety and economic interests through the legislature's efforts to advance the Right to Repair Act at the state level. Boston personal injury attorney Neil Burns knows that "reducing car accident injuries always starts with increasing ways to be safe."

The Massachusetts Motor Vehicle Owners' Right to Repair Act (S2268) would guarantee equal access to automotive repair information and safety bulletins for independent repairers and their customers. The Massachusetts Right to Repair bill was introduced by state Sen. Stephen J. Buoniconti, D-West Springfield and Rep. Garrett J. Bradley, D-Hingham.

Following passage by an overwhelming majority in the Joint Committee on Professional Licensure, the Right to Repair Act is awaiting a senate floor vote before proceeding to the House. The pending legislation has the support of an impressive array of Massachusetts organizations including AAA of Southern New England which has over two million members. By requiring that car companies make safety and repair information available to all repair shops, the Right to Repair Act ensures that motorists, and not the manufacturers, determine where, how and by whom their vehicle is serviced and repaired to keep it in safe working order.

Today, vehicle manufacturers are not required to share repair information and technical service bulletins about safety problems and recalls with car owners and their neighborhood repair shops. There are more than five million cars registered in Massachusetts alone, and it make sense to pass the Right to Repair Act so that all repair shops have access to the same safety and repair information.

Boston area Massachusetts registry of motor vehicles inspectors and local police recently conducted "Operation Graduation." They surprised teenage drivers at 33 Boston area high schools during a Massachusetts state-wide effort to get them to drive safer during prom and graduation season. The personal injury attorneys at the Boston office of Neil Burns have represented hundreds of children and teenagers after they have been injured in car accidents. "We are always looking at ways to keep our children and teenagers safe," says Boston personal injury attorney Neil Burns.

Boston area enforcement teams set up unannounced safety checks to reward teen drivers who were in compliance with the Massachusetts's junior operator and safety belt laws and warn those in violation about the consequences.

Continue reading "Massachusetts Safety Checks at Boston Area High Schools " »

You rent an apartment in Boston or another city or town in Massachusetts. When you are injured at your home, is it your landlord's fault and can you sue your landlord? These are important questions that the Boston slip and fall attorneys at the Law Office of Neil Burns can help you decide. A recent case that happened in Brockton, Massachusetts shows that even though you may be able to sue your landlord, you must always prove certain legal elements in order to win. The attorneys at the Law Office of Neil Burns can help with the legal complexity of slip and fall cases.

In the case in Brockton, Civetti v. Petti, (Lawyers Weekly No. 13-011-10). a tenant sued the defendant landlord after she fell on the stairs leading to her apartment. But after a jury trial in which the tenant lost, the Appeal Court found that the trial judge rightly entered judgment for the landlord because the plaintiff failed to prove her negligence claim. Thus, even though the tenant claimed that she fell down the stairs because she caught her shoe on a nail that was protruding in the stairway, and that the fall was caused by the landlord's negligence in maintaining the property, the judge upheld the jury's finding that the landlord was not negligent and owed the tenant nothing.

Continue reading "Suing Massachusetts Landlords for Injuries" »

In the Boston suburb of Lowell, Massachusetts, a University of Massachusetts study has found a link between the number of certain kinds of freedoms that states allow and the rate of deaths by unintentional injury or accidents. Boston injury attorney Thiadora Pina notes that the Law office of Neil Burns promotes safety concerns and issues because "following safe practices is a fundamental component of injury to law. We look to the unsafe condition when a case involves personal injury."

The issue the University study suggested was the fact that a person is less likely to die in an accident if his or her state has laws governing things like seatbelt and tobacco use. The ranking took into account laws regulating the use of seatbelts, motorcycle and bicycle helmets, alcohol, tobacco, fireworks, firearms and cell phones while driving, according to the study.

Continue reading "Massachusetts Ranked 44th in State Safety Study" »

Sitting in Boston, the Massachusetts Senate passed a safe driving legislative package that bans texting while driving, requires elderly drivers to submit to license testing, and prohibits junior operators from both texting and talking on a cell phone while driving. The attorneys at the Law Office of Neil Burns have represented hundreds of plaintiffs injured as a result of unsafe driving.
The State Senate's legislation makes texting a primary offense, which means a driver can be pulled over specifically for texting while driving. It also establishes a fine of up to $200, two years in jail, or both for anyone who causes an accident while texting and driving.

The bill also prohibits "junior operators," or those under the age of 18, from both texting and talking on a cell phone while driving; and operators of public transit, including the Massachusetts Bus and Transit Authority and school buses - are prohibited from any use of cell phones, except in the case of an emergency.

Continue reading "Massachusetts Passes Safe Driver Legislation " »

Boston's Big Dig tunnels are being called into question regarding safety whereas accidents involving the tunnel's handrails have been linked to the deaths of seven Massachusetts residents.
Boston car accident attorney Neil Burns notes that safety is such an important issue because, "car accidents and injuries are usually the result of an unsafe situation." Because of the safety issue, Massachusetts State Senate President Therese Murray called for a review by the state Department of Transportation which oversees the tunnel system.

The Boston Globe reported on February 14, 2010, that seven of nine people killed in crashes in the Big Dig tunnel system between 2004 and 2008 died after hitting the handrails. In fact, the rails are the subject of a lawsuit filed in Suffolk Superior Court by the widow of state Trooper Vincent Cila, who died in 2005 after he struck a handrail post in a motorcycle crash, breaking his neck and losing an arm. The posts of the handrail system have edges which the suit claims can act like blades in a paper cutter. The defendants in the suit, which includes Bechtel/Parsons Brinckerhoff and the state Turnpike, insist in filings that the handrails meet all applicable state, federal, and industry guidelines.

Continue reading "Boston Big Dig Tunnel Safety Questioned" »