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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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Bike Accidents in Lexington

Bicycles seem to be everywhere these days. Cities and towns have been promoting recreational and more commuter use of bicycles due to health consciousness and traffic congestion by reconfiguring roadways to accommodate bicycles and by including dedicated bike lanes. Old railroad lines have been fashioned into bike paths or new paths have been carved out in suburban areas and parks. Lexington, Massachusetts is blessed with 14 bicycle routes with 82 miles of bicycle pathways with some connecting to middle schools and others with the Minuteman National Historical Park.

Arlington Pedestrian Safety

Pedestrian safety is always a concern in any major urban, suburban or rural area. Pedestrians are at the mercy of motorists who have a duty to maintain proper lookouts and to use caution when approaching or entering intersections or while in residential areas. Some cities and towns are taking proactive measures to reduce the risks to pedestrians through education, road design and community involvement.

Halloween Driver Safety

Halloween is just around the corner and with it comes annual warnings to trick or treaters about taking certain safety precautions for Halloween safety. These include checking your candy and other items for hidden objects and avoiding encounters with strangers on the street who offer candy if you will to come to their car or house. There are also warnings for parents as well as trick and treaters regarding being on the lookout for cars. Parents often take their children to certain residential areas and either drop them off from house to house or slowly drive behind them while they ring doorbells. With many parents following this practice, traffic can build up endangering trick or treaters and other pedestrians. It can also panic drivers who may lose sight of their children or children who cannot find their parent’s car.

Boston’s Bike Initiative

Bicycles have always been a part of Boston’s urban roadways as they are in other cities. They are a cheap alternative to commuting as well as a means of exercise and to reduce traffic congestion. Many cities and towns are providing bike lanes on roadways to encourage bicycle use and to keep bicyclists safe from inattentive or careless motorists. Some, like the city of Boston, are implementing bike initiatives to achieve this very purpose.

27 Motorcycle Accidents Facts that Will Shock You

Riding motorcycles is an experience so many riders savor since they give you a true sense of the open road and an ability to enjoy and experience the elements, at least in pleasant weather. They offer flexibility, quickness, maneuverability and the ability to ignore traffic congestion if you engage in lane splitting or sharing, whether legal or not. Parking is less of a problem.

Tracy Morgan Car Accident Case Update

The serious injuries actor Tracy Morgan sustained along with the fatal ones suffered by his passenger in a Walmart car accident involving a semi-tractor trailer in June 2014 underscore the dangers associated whenever a 5000 pound passenger vehicle meets a 16,000 to 30,000 pound 18-wheeler. In fact, many loaded trucks can weigh far more with some up to 90,000 pounds. In a collision, the motorist and passengers are at distinct and tragic disadvantage. You are 5 times more likely to suffer injuries or a fatality in an accident with a semi truck than in one with another passenger vehicle. The fatal passenger is the Tracy Morgan case was comedian James McNair who was survived by two adult children. They received a $10 million settlement payable in monthly installments over their lifetime. Mr. Morgan has a separate lawsuit against Walmart, owner of the truck, and had been going to rehab for many months. A recent Tracy Morgan case update indicated that the actor had recently married and appeared to be improving. He had sustained a broken arm, nose, rib fractures and a broken femur.

Taunton Worker’s Tragic Death Leave Many Wondering Why

The town of Taunton, Massachusetts, lost one of its own when a local construction worker for Skyline Contracting and Roofing suffered fatal construction injury from tilting over of an aerial lift that had been stationed on uneven ground. The worker was 48 years of age. A safety advocacy group, MassCosh, or Massachusetts Coalition for Safety and Health, seized on the accident to emphasize that contractors need to institute stronger and more comprehensive safety measures and programs to protect workers in such accidents. Construction is one of the deadliest industries in the US, accounting for more fatalities and serious injuries than any other vocation. Although the Massachusetts Department of Labor Standards only recommends that aerial tilts be placed on stable ground, a MassCosh representative commented that workers need to be trained in any event for aerial tilts that are on slopes or inclines and to recognize when it is too steep or presents an unnecessary hazard.

Breakdown Lane Accident With Pedestrian Results in Wrongful Death

Maryland newspapers and newscasts recently reported that a local superhero had died in a car crash. They were referring to a fatal highway accident that claimed the life of Leonard Robinson, a retired businessman who played the role of movie and comic book figure, Batman, for countless children stricken by cancer and other serious illnesses. In his guise as the dark knight, Robinson had entertained thousands of children in hospitals, schools and at charity events and was hailed by many as a true life superhero. Robinson’s persona came to light a few years ago after he was stopped by police in his “Batmobile,” a custom made motor vehicle built to resemble the one used in Batman comics and movies, for not displaying a license plate. Amused officers let Robinson proceed to his event and the encounter was captured on a widely viewed YouTube video.

Bike Accidents in Boston

Over the years, Boston’s streets have been treacherous for bicycle riders despite recent efforts to make safer certain areas and intersections in the city known for numerous accidents and fatalities involving bicyclists. Just recently, a tragic incident occurred in August 2015 at the intersection of Beacon Street and Massachusetts Avenue in Boston where a beloved local endocrinologist was struck and killed by a tractor-trailer. The truck driver turned too abruptly and the trailer struck the bike rider causing a wrongful death. The intersection had been criticized by bike advocates as particularly hazardous and has been the scene of frequent bike accidents.

Car Insurance and Fraud What You Need to Know

Insurance fraud is a common criminal offense. Car accident attorneys are often the last to know about the fraud. Perpetrators include individuals and health care providers and facilities that overbill insurers for treatments or submit claims for services that were never rendered. Car accident insurance fraud is another offense that can be unintentional or intentional. If intentional, there may be multiple parties involved with serious criminal penalties. Car insurance fraud occurs rather frequently. This was underscored recently when insurance fraud investigators arrested five people in Lawrence, Massachusetts who had alleged their vehicles were damaged in hit and run accidents. In one case, a defendant also alleged her car had been stolen. Experts who examined the vehicles confirmed that the property damages contradicted the defendants’ stories, leading to their arrests. In another Lawrence case involving fraudulent insurance claims, a jury convicted three men of insurance fraud in a scam that involved staged accidents and fraudulent chiropractic treatment and billing. The convicted men included the chiropractor who had treated the allegedly injured victims and the attorney who submitted the claims for payment. The prosecution’s case was bolstered by testimony from one of the scam artists who agreed to testify against the other three defendants. All were found complicit in the scam and face additional conspiracy charges that could land them in jail for several years. Investigators and prosecutors in these cases usually advise the media that insurance fraud affects everyone with higher premiums. While many claims are relatively minor, it is the cost of investigation and prosecution that causes the most expense and which are then passed on to the consumers. Other Types of Car Insurance Fraud Not all car insurance fraud is as insidious as the Lawrence cases. Many cases involve insurers who may have unintentionally omitted a family member under their policy and then submitted a claim for damages or injuries. Others may have failed to give complete information on how their car was used or that they moved to a different residence. To circumvent this, insurance experts advise consumers to meet a trusted agent in person to go over the policy so that all conditions are covered, exclusions explained and the necessary information obtained so that they are aware of situations where they can submit valid claims. Other examples of insurance fraud that involve individual insurers are those who submit claims for property damage that occurred earlier or in a separate incident or who submit inflated claims for repair costs. Still others may have been involved in a legitimate accident but then purchased insurance afterward before submitting the false claim. Consequences for Insurance Fraud If you are the victim in a motor vehicle accident where the other party has committed insurance fraud, you may not be able to receive any compensation from the person who caused the accident. This is why underinsurance coverage on your own vehicle is critical. If you are the perpetrator of the fraud, you may face criminal responsibility. Experienced motor vehicle attorneys are often the last to learn of the fraud as they don’t have access to the vehicles, the claims history, and the expert opinions that the insurance companies have. Call An Experienced Personal Injury Lawyer. If you are injured, call an experienced personal injury lawyer. Attorney Neil Burns has represented victims of personal injury since 1985. Call for a free consultation: 617-227-7423.