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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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Trucks and Bikes in Boston

Boston, like most urban areas, is crammed with pedestrians, bicyclists, motorcycles, trucks, scooters and any other type of motor vehicle. But when cyclists are on urban roads, they have to deal with other vehicles, especially trucks, whose size and inflexibility is the direct opposite of bicycles. Because of the height at which a driver sits in his or her cab, a bicyclist will seem nearly invisible to the truck driver. And when a collision does occur, the consequences can be catastrophic.

Third Party Liability in Workplace Deaths in Massachusetts

Workplace accident deaths are on the rise in Massachusetts. Recent reports indicate that deaths are at a 10-year high. For example, in 2012, there were 32 workplace-related deaths while in 2016, the figure reached 70. The deaths include firefighters who died from work-related factors that resulted in cancer, heart attacks and leukemia.

Pool Parties Can be Hazardous to Your Health

Home pools and those at hotels or resorts are often the venue for summer parties and other social events where alcohol is often served. Inevitably, people become intoxicated at these parties and accidents can happen on the premises or on the roadway if an inebriated guest causes an injury accident while driving home. In such cases, there are laws that determine if the host of the event can be held civilly liable for your injuries.

Does Ubering Prevent Drunk Driving Injuries?

Has the introduction of Uber into our towns and cities led to a reduction in drunk driving arrests and, consequently, alcohol-related injuries and fatalities? Perhaps, but the “jury” seems to be still out on this question.

Is Apple Responsible for Distracted Driving Accidents?

Distracted driving is now the main focus of auto safety advocates, displacing drunk driving though that still remains a major concern and will likely continue until autonomous or self-driving vehicles become the norm. And the concern over distracted driving is really over use of smartphones with Apple becoming the antagonist in the discussion. Apple has been sued in various lawsuits for allowing its phones and apps to be used by motorists despite apparently having the technology that may disable the device while driving or at least give the user an opportunity to do so.

Why You Need to Check Your Uber

Anyone who gets into a cab, Uber or Lyft may have some concern about the character of your driver. For example, did the company verify that the driver has a clean driving record, is not a sex offender or has a record of violent felony convictions? Furthermore, is there insurance if there is an accident? Uber and Lyft conduct background checks as either required by the jurisdiction where they are operating or as part of their own policies. In most cases, they report that they will reject applicants with a DUI/DWI or who have a record as a sex offender or other violent offenses. However, their background checks only extend back 7 years.

Prescription Meds and Massachusetts Car Crashes: What You Need to Know

Prescription drugs are a major industry in our country, especially pain medication or opioids such as Vicodin, Percocet or Oxycontin. Doctors prescribe these and other medications regularly, and frequently. However, there may be insufficient verbal warnings by the doctor or pharmacist, or written warnings on the label that advises the user that it causes drowsiness or dizziness or should not be taken if operating a motor vehicle.

Drunk Truck Driver Flips Rig This One Takes the Cheese

In a recent trucking accident on Interstate 93 in Milton, Massachusetts, a truck carrying a heavy load of cheese flipped on its side, damaging guard rails, taking down power lines and causing major delays. Fortunately, no one was injured other than the sensitivities of cheese lovers. Although we can make cheese jokes at the driver’s expense, what is frightening is that the truck driver was given a chemical test that revealed he had a blood alcohol concentration (BAC) level of 0.11%. Motorists cannot legally drive with a BAC of 0.08% or higher. Commercial drivers, like the cheese truck driver, are driving unlawfully if their BAC is at least 0.04%. Motorists should not drive with any alcohol in their system whatsoever. It impairs.

Distracted Driving Still a Major Cause of Car Accidents

It is no secret to anyone who uses a cell phone to text or read messages how focused you can be on that activity alone. Sit on a bus or in a coffee shop and you will likely see that over many people are ignoring their environment while scrolling through emails and text messages or sending them. Now transfer that to the act of driving.

Deadly Crash Involving Motorcycle and Truck

Motorcycle and truck accidents happen every day and occasionally both are involved in the same collision. Because motorcycle riders have little protection in any kind of collision, the consequences can be catastrophic or fatal. In a recent motorcycle accident near Elgin, Illinois, a 25-year old man was killed when a semi-tractor trailer made a left turn in front of his bike. The family of the motorcycle driver has filed a wrongful death action against the truck driver alleging that the driver failed to yield by making a turn when it was unsafe to do so, failed to maintain control of his truck, failed to maintain a proper lookout and was proceeding too fast for the traffic conditions.