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Personal Injury Law Firm Burns & Jain Injury Blog

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.

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Framingham Car Accidents: Serious Injury & Wrongful Death

Serious car accidents can create major upheavals in the lives of the victims as well as their families. Car accidents are the leading cause of death for teenagers and fourth among the general population. If you or a loved one was involved in a major collision within Framingham or nearby communities that was caused by a negligent driver or other party, then you will need legal counsel to get the compensation you not only need but deserve.

Fatal Truck Rollover in Central Massachusetts

A tanker truck driver who apparently lost control of his vehicle on I-91 in Whately, Massachusetts, in late June was killed when the vehicle rolled on its side. Because of its flammable contents, fire department crews sprayed foam on the vehicle and diverted traffic away from the scene and evacuating a nearby elementary school.

What You Need to Know About Drugged Driving

In July, Massachusetts will join a growing list of states that have legalized marijuana use for recreational purposes. Many people will be welcoming the legalization of marijuana for various reasons. These include the inaccurate and unscientific comparison of pot to harder drugs like heroin or cocaine, its inclusion as a controlled substance, the mass incarceration of mostly minorities for its mere possession over the decades, and its proven medical benefits. However, marijuana is still a drug that affects cognition, coordination and reaction time, all factors that can lead to deadly consequences while driving under its influence.

Train at Crossing Kills One In Springfield

Train crossings are not an uncommon sight in many areas of the country, including Massachusetts. You can generally recognize when a train is crossing your path by flashing lights and a barrier that prevents cars from crossing the tracks. However, serious injuries and fatalities do occur at train crossings. Just this past April, 2018, a Springfield woman ran her SUV into a moving train around 2:00 a.m. on Memorial Drive in Springfield and suffered fatal injuries. It has not yet been established how the accident occurred. Massachusetts has approximately 3000 railroad crossings throughout the state or areas where roads cross railroad tracks instead of over or under them. Between 1975 and 2016, there have been 36 fatalities at such crossings. According to the Federal Railway Administration, in 2017 there were 2,105 collisions between motor vehicles and trains in the U.S., resulting in 807 injuries and 274 fatalities. These incidents have been reduced considerably since 1981 when there were 9,461 collisions with 3,293 injuries and 728 fatalities.

Pedestrian Hit By a Car in Lowell Mass

Car accidents are common occurrences and the majority are minor in nature with no or minimal injuries. However, when a pedestrian is struck by a car, the odds that he/she will suffer a serious injury is substantially higher. Recently, a 61-year old man was killed in Lowell when he was struck by a car on Church Street near Warren. Lowell is a fair-sized community of over 108,000 residents and lies close to Lexington, Andover, Tewksbury, Billerica and Cambridge. According to city-data.com, Lowell has 3 of the most dangerous intersections in the state. Although this most recent fatal accident did not occur at these intersections, the fact that many of Lowell’s streets are not particularly safe should give its residents pause.

Hit By a Car In a Store in Lawrence Massachusetts?

Strange things happen at night. In the early morning hours of April 8, 2018, in Lawrence, customers at the Lowell Street 7-11 got a very rude wake-up call when an intoxicated man drove his SUV into the store, just narrowly missing a customer but striking a 64-year-old man, causing him extensive injuries. A video from the store captured the sequence, showing customers talking near the entrance way just before the SUV comes crashing through. The driver is also seen on the video pleading with police before being taken away and jailed on suspicion of intoxicated driving, driving without a license and reckless driving. Because the victim suffered a serious injury, the driver could face more serious DUI charges.

Low Stress and Driving in Massachusetts

As a Massachusetts resident, you can rest easy knowing that you live in one of the least stressed-out states in the nation, or maybe you already knew that? To highlight Stress Awareness Month this past April (were you aware of that?), a list was compiled by Wallethub, a finance web site, ranking the 10 most stressed states and the 10 least. Factors in the study included the average hours of sleep per night, number of bankruptcies filed and the number of hours worked. In all, there were 38 indicators of stress that were applied to all 50 states and D.C.

Autonomous Car Accident Claims Its First Wrongful Death Victim

In March, an autonomous vehicle (AV) struck and killed a woman who was crossing an Arizona highway at night despite the car having a human behind the wheel as a safety precaution. An investigation revealed that the vehicle, which was owned and being tested by Uber, failed to detect the pedestrian and that the driver reacted too slowly in engaging the steering wheel to avoid the collision. Some experts commented that although the victim may have been crossing the highway unlawfully, the Uber vehicle’s technology should have sensed her presence and either slowed down or taken evasive action.

Legal Malpractice Causing Wrongful Death?

We have represented many families whose loved one was the victim of wrongful death. The most common reasons for wrongful death are motor vehicle negligence, a motorcycle accident, drowning, or a fire in an apartment building. We have also represented many victims of legal malpractice in Massachusetts. Those cases often involve a conflict of interest, negligence in civil procedure, failing to perform up the standards in criminal law, or over billing. Wrongful death as a result of legal malpractice is not something we hear about often. However, there is a Massachusetts case in which legal malpractice was alleged as the cause of death. Read on.

Legal Malpractice and the Massachusetts Consumer Protection Law, Chapter 93A Update

Our clients understand that not all legal malpractice cases are a violation of the Consumer Protection Statute. For example, when a lawyer makes a mistake, such as neglecting to file suit before the statute of limitations runs, it may be negligence and it may be a valid case, but it is not necessarily “unfair and deceptive.” If the lawyer acknowledges his or her mistake, informs the client that they must retain new counsel, and cooperates by providing the file, we have a negligence legal malpractice case. The case is not likely a violation of Massachusetts General Laws, Chapter 93A for unfair and deceptive practices.