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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Highway Breakdown Safety

It is not uncommon to see disabled cars along the side of the roadway or in a breakdown lane. Roadways often have wide shoulder areas or specific breakdown areas for motorists experiencing problems to pull over. Unfortunately, in many situations, these disabled vehicles are at risk at being struck by other vehicles.   Drivers or passengers who exit their disabled under these circumstances are often exposed to injuries or death from motorists who either failed to notice the car or were driving recklessly.  We have represented families in Wrongful Death cases involving these circumstances.

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Missing Smoke Alarm Leads To Wrongful Death Suit

Smoke alarms and carbon monoxide detectors are required in all residences in Massachusetts. Owners of rental units must ensure that smoke alarms are in good working condition and comply with state law. Homes that were built before 1975 and are sold must have smoke alarms with a 10-year life span. No residential property can exchange owners without its smoke alarms being certified by the local Fire Marshall. If people are injured or killed because a smoke alarm in their residence was missing or failed to operate, you may have a injury or wrongful death lawsuit.  We represented a family in which a malfunctioning smoke detector was the cause of a mother of a two-year old’s death.

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Worcester Study Results Dangerous for Pedestrians

If you do not live in Worcester, then you may be surprised to learn that this modest sized city of over 180,000 (the second most populous city in the state and in all of New England) has the worst safety record for pedestrians. If you do live here, then this fact may not be a revelation. A study by 1Point21 Interactive of San Diego analyzed crash and pedestrian collision records across the state and reported that Worcester is the most hazardous city for pedestrians in all of Massachusetts, having 50 of the 496 most dangerous intersections in the state. The 496 figure reflects those intersections with at least 5 pedestrian collisions within a 15-year period between 2001 and 2014, the time span used in the study.

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But Who Was Driving?

But Who Was Driving? An interesting scenario may present itself in a wrongful death claim where police are unable to ascertain who was driving. This might occur when the occupants in the vehicle responsible for the accident do not survive and are found outside the vehicle so that their positions in the vehicle cannot be determined, or a survivor claims that the deceased was driving. Another scenario is where all parties are deceased and, again, it cannot be determined who was driving.

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What You Need to Know About Cell Phones and Driving in MA

Cell phones are everywhere, of course, and it is a common sight to see people walking on the streets or crosswalks with phones to their ears or talking on ear phones who are oblivious to what is around them. Now, observe that by drivers in motor vehicles and you have a potential tragedy in the making. Most states ban some form of cell phone use, but only 14 states and the District of Columbia ban all use of handheld phones by everyone. Now, Massachusetts may join that select group.

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Pub Crawl Leads to Motor Vehicle Death

Have you ever been on a pub crawl in Massachusetts? This is just another name for bar-hopping where you and friends travel from pub to pub having a drink or two at each one. Usually, there is either a designated driver or, more frequently given their ubiquity, an Uber or Lyft so that the crawlers need not worry about being stopped and arrested for drunk driving. Unfortunately, one of these pub crawls resulted in a tragic accident in McHenry County, Illinois.

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How to Save 1100 Children

We all know that wearing a seat belt saves lives and can minimize the risk of sustaining a serious injury in an auto accident. Despite this obvious and well-known fact, car accidents are the number one killer of children ages 3-14 in the US and many of these fatalities stem from lack of seat belt use as well as the improper restraining of children in child safety or booster seats.

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