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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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Wrongful Death and Seat Belts in Motor Vehicle Accident in Massachusetts

In a New Year’s Eve motor vehicle collision in Salisbury, a Massachusetts driver was charged with motor vehicle homicide. As charged, Mikhael Sarkis of Lawrence, Massachusetts was operating a motor vehicle while intoxicated. According to the limited facts available, Mr. Sarkis is charged with driving his large sedan northbound in the southbound lane of Route One, when he collided, head on, with another large sedan at about 11:30 p.m.

Slip and Fall Injury Recovery Made More Difficult by Massachusetts Court

In a case called Sarkisian v. Concept Restaurants, the Appellate Division of the District Court declined to extend the “mode of operation” law to a nightclub in Boston. In Sarkisian, the plaintiff was at a bachelorette party all evening at the Liquor Store nightclub. This is a favorite club in Boston; we know from various depositions over the years where folks have testified that they were at the Liquor Store, celebrating with their friends. In any event, when the plaintiff in this case slipped on the dance floor on a “half a cup” of liquid, it resulted in a badly broken leg. Should the night club be liable? What is the law for slip and fall in Massachusetts?

Medical Marijuana and Massachusetts Motor Vehicle Accidents

The recently passed Question 3 on the Massachusetts state ballot should give drivers some pause about the safety of the drug in drivers of motor vehicles. The law that Massachusetts voters approved allows for medical use of marijuana. It allows people who have a medical need to possess a 60 day supply of “medical marijuana” from one of 35 dispensaries in 2013. There is, of course, concern as to how the law will be implemented, and how to keep folks who are not in need medically from the dispensaries.

Halloween and Real Monsters to be Aware of in Massachusetts: Are Energy Drinks Safe for Massachusetts Consumers?

Some time ago we wrote a Massachusetts personal injury blog story about the dangers of Four Loko, a mixture of booze and caffeine that was subsequently taken off the market in Massachusetts and many other states. The new approach for selling drinks is Monster drinks. Monster is selling sweet drinks that may have a lethal dose of caffeine. To date, five deaths have been associated with Monster caffeinated beverages; and 37 incidents have been reported. The Federal Food and Drug Administration is investigating.

Safe at 85 Miles Per Hour?

What is a safe speed limit for Massachusetts highways? Current law in Massachusetts limits highway speed to 65 miles per hour. In Texas, however, there is a new highway under construction in which the speed limit may be set at 85 miles per hour! The highway, Texas Route 130, which will run from Austin San Antonio, will have the fasted posted speed limit in the United States. However the American Trucking Association is calling on the Texas Transportation commission to reduce the proposed speed limit.

Politics, Motor Vehicle Accidents and Who To Vote For in November

Motor vehicles are dangerous. Collisions between motor vehicles in this country kill more people each year than any war since World War II. And politicians are not exempt. A brief outline presented in the New York Times recently reveals the following with respect to our recent crop of politicians and motor vehicle collisions and infractions for dangerous driving: The two most recent Democratic presidents had their lives altered dramatically as a result of motor vehicle collisions.

Victim of Motor Vehicle Collision Wins Summary Judgment

The victim of a Massachusetts rear end collision sued the driver and owner for his injuries. This was a case in which the defendant, Francisco, was traveling behind the victim, Harrington. As Ms. Harrington neared a tollbooth, Francisco’s vehicle struck the rear of the Harrington vehicle, resulting in an injury to Harrington.

Drunk Drivers Causing Motor Vehicles In Massachusetts

Drivers who have more than double the legal alcohol limit are responsible for 70% of car accident deaths, according to 2010 statistics from the National Highway Traffic Safety Administration. That is, 7,145 of the 10,228 alcohol related motor vehicle deaths involved drivers with a blood alcohol content level of .15 or higher. Blood alcohol numbers indicate “grams per deciliter,” or g/dL. Not only is this twice the legal blood alcohol limit in Massachusetts, it’s more than twice the legal limit in every state in the Union!

Texting Is Cool While Driving in Massachusetts!

Are you kidding? Unfortunately no. In a recent distracted driving study of over 6,000 drivers undertaken by the United States Department of Transportation, only 56% 18 to 20 year olds and 52% of 21 to 24 year olds said they were likely to “say something” to a driver who was texting! They think it’s cool.

Eye Injuries in Massachusetts Motor Vehicle Accidents

What are the most common injuries in Massachusetts motor vehicle collisions? Eye injuries? Not likely. But they do happen. How? Ejections, objects moving about the passenger compartment striking the victim, the violence of air bags which protect but also cause injuries, and the simple striking of the face against a part of the vehicle or another passenger.