We have been practicing law in Boston and throughout Massachusetts since 1985. I have represented clients in District Courts, Superior Courts, the Appeals Court, Housing Court, Probate Courts, Federal Bankruptcy Court and the Federal District Court.
Texting while driving has caused too many collisions. Since 2010, Massachusetts has outlawed texting while driving. This law, however, did not ban using your cellphone for making calls or scrolling through your email unless you are a driver under the age of 21. In the past few years, lawmakers have introduced legislation banning any hand-held use of cellphones for all drivers but the measures either stalled or died quietly in the House. Governor Baker did not endorse a full ban either, feeling it was unfair to drivers in older vehicles that lacked the technology that permitted hands-free use.
Five years after an unusually tragic incident, the widow of an Illinois man who drowned at a pond located within his condominium complex after being attacked by a swan has filed a wrongful death lawsuit against the property management companies that owned and maintained the residential complex. The decedent had had the task of feeding the swans and was in his kayak when a swan unexpectedly attacked him, causing him to fall into the water. Because he was wearing boots and other heavy clothing, he was apparently unable to climb back into the kayak or reach a place of safety before going under the water’s surface.
Any premature death is a tragedy but a fatality in a car accident can be especially traumatic since it occurs so suddenly and by the fault of another party. A recent fatal car accident in Hyannis that left a family emotionally devastated is one example.
On a recent bright Fall day in Worcester, a 28-year old man was attempting to cross Franklin and Grafton Streets when he was struck by a motorist driving a Toyota Sienna south on Grafton while coming from Washington Square. The only reports available were that the young man was stable but with serious injuries. There was no explanation as to why the motorist failed to see the man who was apparently lawfully crossing the intersection. As it turns out, a Worcester pedestrian accident is unfortunately not uncommon for this central Massachusetts city.
Pedestrian accidents in Massachusetts can cause serious and debilitating injuries. You have no protection against the force of a 5000-pound passenger vehicle for even the slightest contact can throw you to the pavement and cause broken bones or serious head trauma. Pedestrian accidents are also on the increase nationwide with fatalities up by 11% in 2016 over 2015, the largest single year increase ever recorded. In our state, 23% of fatal traffic accidents involve pedestrians.