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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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Legal Marijuana But Still Illegal to Drive High

Massachusetts is entering a new era in terms of legalized marijuana. A number of states have legalized marijuana use for medical purposes and now Massachusetts, Nevada, Maine and California will join Colorado, Washington, Oregon, Arizona, Alaska and Maine in legalizing it for recreational use. One of the controversies over its legalization is how it affects driving behavior. While marijuana use may be legal in Massachusetts, it is not legal to drive while impaired or under the influence of a drug (OUI). All states have laws making it unlawful to drive under the influence of alcohol or to engage in drugged driving. A blood or urine sample can detect the presence of certain drugs if specifically tested for that drug. Also, police officers trained in drug recognition can detect symptoms of drug use in drivers that can provide probable cause to test the motorists for the presence of drugs in their blood system.

What to Do if You Have Been the Victim of a Hit and Run

Being injured in a car accident is bad enough, but the trauma is compounded when the culpable driver flees the scene. Not only is the driver attempting to elude responsibility but you may find yourself having to pay the costs associated with your injury and car damage if you were not adequately covered by insurance.

Proving Liability in Distracted Driving Car Crashes

Distracted driving is any activity that causes a driver to stray from focusing on operating the motor vehicle, even for a brief period. Examples are searching for a radio station, grooming, talking to passengers, eating and reading a map or other document. The most prevalent example of distracted driving and that has garnered the most attention towards awareness and prevention is texting and driving.

Defenseless Children and How We Represent Them

Children are often the most defenseless segment of our population when it comes to abuse or injury, whether the injury was caused by parents, relatives, nannies or other third parties. Parents who both work trust that a nanny, sitter or daycare worker will take care of their children and know how to deal with crying spells or tantrums with patience and understanding.

Cambridge Tackles Bike Accidents

More and more people are using bicycles in urban areas to commute, shop or visit friends and family as well as to exercise their legs and lungs. Lighter bicycles, more gears for easier hill climbing, and no worries about parking, traffic jams, tickets or auto insurance account for some of the increase in usage. However, bicycles and urban traffic also mean risks to bike riders. This fact of city life is no less evident than in the city of Cambridge that has decided to do something about its bike safety problem.

2016 Car Accident Deaths on the Rise

Since the year 2000, traffic fatalities had been gradually decreasing throughout the country. Factors largely responsible include roadway designs to incorporate bicycle lanes and lighted pedestrian crossings, increased awareness of the dangers of drinking and driving, safer vehicles and emphasis on slowly allowing teen drivers full driving privileges. Unfortunately, the current year has experienced a dramatic increase of 10% in fatal accidents over the first half of 2016 when compared to the same period in 2015. In fact, the increase is the largest in 50 years, according to the National Highway Traffic Safety Administration (NHTSA).

What You Need to Know About Ski Injuries

Skiing is a winter activity with millions of participants. Resorts in California, Nevada, Colorado, New Mexico, Utah and Vermont are well-known, though other states like New Jersey, Massachusetts and Minnesota have ski areas as well. Ski slopes usually have trails tailored towards a skier’s level of expertise, from the bunny or novice trail to the intermediate and expert. But ski areas can be hazards as well. With so many skiers of different levels competing for space and some trails containing objects like trees, rocks, holes and other hazards, accidents happen every day of the skiing season. Also, ski lifts can malfunction or operators can be lax regarding safety that can result in skiers falling, sometimes from hundreds of feet to an icy and unforgiving surface.

Underinsured Coverage Why You Need It

Auto Insurance Policy Requirements All Massachusetts motorists are required to carry auto liability insurance so that if they cause an accident, the other party can be compensated to some degree. However, the minimum limits for coverage is very low. By state law, a car owner need only purchase coverage of $20,000/$40,000. This means that if you were injured in an accident, you may only recover up to $20,000. If there are multiple injured claimants, the 40,000 would have to divided among you and the other injured parties with no single party collecting more than $20,000.

Massachusetts Legal Malpractice News December 2016

Many victims of legal malpractice can file claims with the Massachusetts Clients’ Security Board of the Supreme Judicial Court. Established by the SJC in 1974, the CSB awards 100% of clients losses as a result of attorney fraud; attorneys that actually steal, or “misappropriate” their clients monies. Note, this does not include victims of malpractice in which clients monies have not been misappropriated.

Super Market Liability – What Happens When You’re Injured at a Store

All of us shop at supermarkets or have at one time or another. These stores have a high duty or care to shoppers and must ensure that aisles are clean and free of debris or slippery substances, that objects are properly stocked, and its entrances and exits free of hazards. Regardless, accidents do happen in supermarket, some of which are other than the usual slip and fall. These injury claims are handled as premises liability matters since they occur on someone’s property. These can be difficult to resolve satisfactorily but many do result in substantial compensation if handled correctly by a premises liability lawyer. But there are also things you can do.