Personal Injury

February 16, 2012

Man Charged with Drunk Driving and Hit-and-Run in Fall River

An hit-and-run accident this week in Fall River left a 52-year-old woman with a broken leg and other serious injuries. Police allege that 32-year-old Antonio Martis hit Donna Adams as she was crossing the street after leaving a bakery, got out of the car and looked at her, then backed up-driving over Adams’ legs as he did so-and sped away. According to news reports, one car stopped to let Adams cross the street, but Martis’ vehicle was traveling so quickly on the wet roads and he was unable to stop in time. Witnesses to the accident began to chase Martis, who ended up striking a parked car and then a utility pole-leaving Martis’ face bleeding from the airbags that deployed. Martis has been charged with an leaving the scene of an accident, OUI, and assault and battery.

A witness to the accident took out his cell phone and began recording the accident after he saw Adams struck by the vehicle. He apparently captured Martis’ vehicle driving over Adams’ legs before he sped away.

The Massachusetts legislature and courts take hit-and-run accidents very seriously. Adams’ injuries could have been even more serious, and even fatal, and our sympathies are with Adams and her family.

February 15, 2012

Missing Toddler’s Mom Intends To Sue the State

by Altman & Altman

As our Boston injury lawyers have mentioned before, sometimes we cover cases and incidents occurring outside of Massachusetts. In this post, we would like to address whether or not a state can be sued for injury or death when a child placed under its supervision gets hurt.

In Maine, the mother of a missing 20-month-old daughter says she plans to sue the state of Maine for civil damages. Trista Reynolds says that the state’s Department of Health and Human Services didn’t’ do enough to protect Ayla Reynolds.

Social service workers had sent the toddler to live with Justin DiPietro, who is Ayla’s dad, when Reynolds had to go to rehab for alcohol addiction. Ayla disappeared from DiPietro’s home in December. He says she was nowhere to be found one morning.

Reynolds says that background checks were supposed to be conducted on
everyone in DiPietro’s residence. Well-child visits were also supposed to happen on a frequent basis. Yet despite expressing concerns to DHHS on several occasions about her daughter’s well-being, Reynolds says that no one looked into her concerns.

Reynolds claims that the week that Ayla was given to DiPietro, he took out a life insurance policy on their daughter. Reynolds says she also plans to sue social services. Last month, blood found in DiPietro’s home was confirmed to be Ayla’s.

When the state exercises the ability to place someone’s child-whether with a family member, a foster home, or with someone else-it can be held liable in certain instances if failure to exercise the necessary care allowed the child to get seriously hurt or die. A negligent party doesn’t need to have been the direct cause of Boston personal injury or wrongful death in order to be liable for damages. Sometimes, it is a failure to act or actions that allowed the incident to happen that can be grounds for a case.

Mother Of Missing Maine Toddler Considers Lawsuit Against State, CBS Boston, February 14, 2012
Report: Ayla Reynolds’ father took out life insurance on toddler before she disappeared, CBS News, February 15, 2012
Ayla Reynolds Case: Blood Found in Home Belongs to Missing Girl, ABC, January 30, 2012

More Blog Posts:
Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K, Boston Injury Lawyer Blog, December 31, 2011

Dorchester Toddler Dies After Driver Accidentally Leaves Him in Day Care Van for Several Hours in 80 Degree Weather, Boston Injury Lawyer Blog, September 17, 2011

Rebecca Riley’s Estate Reaches $2.5M Boston Medical Malpractice Settlement with Tuffs Medical Center Psychiatrist, Boston Injury Lawyer Blog, January 25, 2011 Continue reading

February 7, 2012

Was Enough Done to Protect Brothers Charles and Braden Powell?

by Altman & Altman

In a story making national headlines, the two sons of a missing Utah woman have died in a blast engineered by their father, Josh Powell, who died along with them in Washington State. Powell had lost custody of his two sons, Braden, 5, and Charles, 7, and had just been ordered to undergo psychosexual testing. The tragic ending caps a sad story of a family that entered the media spotlight when Josh’s wife, Susan Cox, disappeared in 2009. Although Josh was never charged in her disappearance, he has remained under investigation.

A social worker had brought the brothers to Josh’s home for a supervised visit. That was when things went awry, as Josh shut her out of his home. It was as the social worker was calling her supervisor to report smelling gas that the residence exploded.

Police have said that Josh first tried to kill the boys with a hatchet. Although they sustained serious injuries from the assault, it was the smoke in their lungs from the gas-infused blast that killed them. In e-mails Josh sent out prior to the murder-suicide, Powell said he couldn’t live without his sons.

January 30, 2012

Middleborough, MA Woman Dies on Royal Caribbean Cruise Ship

by Altman & Altman

According to news reports, forty-seven-year-old Barbara Wood of Middleborough died today aboard a Royal Caribbean cruise ship while it was off the Florida coast. She apparently slipped on stairs and fell down a staircase, and hit her head. Although rushed to the infirmary, Wood was pronounced dead approximately an hour later.

Wood was on a five-day cruise on the Royal Caribbean’s Liberty of the Seas. Like most cruise ship companies, the Royal Caribbean says it was prepared to handle medical emergencies. According to a spokesperson for the Royal Caribbean, each ship has 24-hour medical professionals, as well as an infirmary stocked with a plethora of pharmaceuticals and equipment, including x-rays and cardiac defibrillators.

As this incident indicates, cruise ships, while hot spots for vacationing and sightseeing, are also prime breeding groups for all types of injuries-from slip-and-fall accidents, to food poisoning, to sexual assaults and rape, to fires and collisions. Whether this particular ship’s medical equipment and facilities were adequate is currently unknown, and some people are skeptical about whether cruise ships are generally prepared for life-threatening situations.

January 22, 2012

Multiple Incidents of Falling Through Ice in MA

by Altman & Altman

This past weekend, there were at least two reported incidents of individuals falling through ice into the frigid water below. The winter weather this weekend-the first major snowfall in the state this year-appeared to bring many people outside to engage in winter sports such as skiing, ice skating, and snowmobiling. Unfortunately, along with flurries and fun came falls and freezing temperatures.

First, according to news reports, three men were snowmobiling in Dudley when they fell through ice on Hayden Pond. Two of the men quickly emerged from the freezing water, but the other remained under water for 15 minutes until he was rescued. Sadly, updated reports indicate that this 27-year-old man from Southbridge, MA, though rushed to the hospital, did not survive the freezing temperatures. Our sympathies are with his family and friends.

A second incident, according to media reports, occurred today in Arlington, when firefighters rescued two adults and a child who had fallen through ice. The three individuals were apparently about 25-30 feet from shore at Spy Pond-a popular skating area in the winter-even though the pond had not fully frozen over. The health conditions of the adults and child are not yet known.

January 19, 2012

Stoneham Man Injured on I-93, One of Multiple MA Winter Storm Accidents

by Altman & Altman

News reports indicate that a Stoneham, Massachusetts man was hit by a sports utility vehicle when running across Interstate 93 in Somerville this week. The man’s car was apparently damaged, due to the overnight winter weather and icy roads, and he stopped his car in the left hand lane. He apparently then ran across four lanes of I-93 and was hit by a 2010 Ford Explorer registered to WHDH-TV. The man was taken to the hospital and is suffering from life-threatening injuries. This incident is among multiple recent crashes that have been caused by the icy road conditions and snowfall.

Car spinouts and crashes are a too-frequent occurrence during cold, snowy, and icy Boston winter weather. For the safety of other drivers and pedestrians, and for your own personal safety, please drive with particular caution this weekend and over the next few months of winter weather. If you have been injured in a car accident in Massachusetts, an experienced Boston and Cambridge car and truck accident attorney can help you seek financial recovery.

Stoneham man seriously injured running on I-93; may be one of several crashed caused by winter storm, Boston.com, January 17, 2012.

January 7, 2012

Norton Woman Accidentally Shot by Off-Duty State Trooper is Battling Infection

by Altman & Altman

According to media reports, 66-year-old Cheryl Blair is struggling to recover and battling an infection one week after she was accidentally shot by an off-duty state trooper on New Year’s Eve. Trooper John Bergeron was hunting at the time and made the mistake of thinking that one of her golden retrievers was a deer.

The Norton, Massachusetts injury accident happened as Blair was walking her dog in the woods behind her residence. Bergeron, who lives on the same street, fired one .50-caliber lead ball from his rifle. The lead ball, which ripped through her side, created a 10-inch wound. She was rushed to the ICU where she has since had to undergo surgeries.

Doctors expect to send her to a rehab center after her stay at the hospital. They also believe that she will continue experience chronic pain and may have a permanent limp.

Following the accidental shooting, Trooper Bergeron asked Blair why she hadn’t been using blaze orange, which is required clothing for hunters. Her husband, however, has said that because she isn’t a hunter, the requirement didn’t apply to her.

Norton police don’t plan to file criminal charges against Bergeron over the shooting. However, the accidental shooting is prompting some citizens to call for changes to the state’s hunting law. Currently, Massachusetts doesn’t mandate that a hunter get a landowner’s permission to hunt on private grounds.

Boston Personal Injury
If you or someone you love was seriously injured by another party, you may be able to file a civil case even if criminal charges aren’t filed. You should speak with an experienced Boston injury lawyer to explore your legal options. Claims can be filed if someone else was reckless, negligent, or acted with the intent to cause harm. Massachusetts has a modified comparative negligence system when it comes to compensation. For a party that was injured to recover any compensation he/she cannot be found 51% (or more) liable. If any liability less than that is placed on the victim, his/her recovery will be reduced by that percentage.

Shooting of woman spurs call to change hunting law, Boston Herald, January 3, 2012

More Blog Posts:
Boston Injuries Reported in 10 Segway Accidents in 2011, Boston Injury Lawyer Blog, December 7, 2011
Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K, Boston Injury Lawyer Blog, December 31, 2011

Cambridge, Massachusetts Tractor-Trailer Crash Causes Bicyclist’s Death, Boston Injury Lawyer Blog, December 28, 2011 Continue reading

December 15, 2011

NTSB Calling for Total Cell Phone Ban on All US Roads and Highways

by Altman & Altman

Last week, our Boston injury lawyers published a blog post about a new National Highway Traffic Safety Administration study on text messaging and cell phone use while driving. As evidenced by the number of distracted driving fatalities that happened in 2010, too many people are dying because there are drivers that are multitasking and distracted.

Now, the National Transportation Safety Board is calling for all states to ban any type of cell phone use-including texting-unless it is an emergency situation. Over the last decade, the NTSB has made efforts to limit the use of portable electronic devices by commercial truckers, new drivers, and school bus drivers, but this is the first time that it is calling for a ban that would apply to all drivers. Handheld and hand-free devices would both be barred. Passengers that are not driving, however, would still be allowed to use their cell phones and other devices.

Although the NTSB cannot dictate state law, lawmakers do seriously consider what the federal agency has to say. Currently, in Massachusetts, only school bus drivers, passenger bus drivers, and drivers under 18 are prohibited from using cell phones. There is no ban on the use of hand-held phones-although Rep. Cory Atkins, D-Concord has introduced legislation to make the use of a hand-held cell phone while driving illegal. All drivers are banned from texting in Massachusetts.

Distracted Driving Lawsuits
Distracted driving has proven to be a huge problem among motorists. Even though people are aware of how dangerous talking on a cell phone or text messaging can be when operating a motor vehicle, many motorists cannot seem to stop themselves from making a call, sending a text, checking on email, or surfing the Web and these behaviors are causing serious injuries and killing people.

Some in Mass. eye tougher cellphone restrictions, Boston, December 14, 2011
NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011
National Transportation Safety Board

More Blog Posts:
NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010 , Boston Injury Lawyer Blog, December 9, 2011
Peabody Police Hit as a Pedestrian, Boston Car Accident Lawyer Blog, December 12, 2011
Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011 Continue reading

December 9, 2011

NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010

by Altman & Altman

The National Highway Traffic Safety Administration has published its 2010 Fatality Analysis Reporting System, and our Boston injury lawyers are pleased to report that the latest figures show that last year saw a drop in Massachusetts motor vehicle crash deaths. There were 314 traffic fatalities in the state in 2010, which is a 26% dip from the 340 deaths in 2009.

Federal traffic safety officials announced that 32,885 US traffic deaths for 2010, this is the lowest number of motor vehicle fatalities that the country has seen in a year since 1949. This record-breaking low happened even as motorists traveled almost 46 billion more miles than in 2009. US Transportation Secretary Ray LaHood is crediting “our safety agency and partner organizations” for their efforts.

There was, however, a 1.2% increase in the number of US motor vehicle crash injuries that occurred. Nationally, 2,243,000 people were hurt in traffic accidents in 2010, which is slightly more than the 2,217,000 motor vehicle crash injury victims from 2009.

The federal government also released its findings from a survey that reported an increase in the number of people who text and drive at the same time despite the growing awareness that this is dangerous. Young people are especially prone to texting while driving.

More than 6,000 drivers participated in the survey. Per its results, at any given moment in 2010, nearly 1 out of ever 100 drivers was emailing, texting, surfing the Internet, or doing something else on a handheld device while operating a motor vehicle-that’s a 50% jump from the year before. A few of survey’s other findings:

• Both women and men are just as likely to make or take cell phone calls, text, or read email while driving.
• Drivers under age 25 are 2-3 times more likely to text or email than older drivers.
• Aside from poor weather conditions, traffic jams, or a fast traffic pace, most drivers found there were few situations during which they wouldn’t text and drive.

The NHTSA says there were 3,092 distracted driving deaths in 2010.

Gov’t survey of drivers finds 2 in 10 texting, Bloomberg Businessweek/AP, December 8, 2011
U.S. Transportation Secretary LaHood Announces Lowest Level Of Annual Traffic Fatalities In More Than Six Decades, NHTSA, December 8, 2011
2010: Motor Vehicle Crashes: Overview, December 2011 (PDF)

More Blog Posts:
Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011
Man in Wheelchair Killed on Busy Street in Brockton, Boston Car Accident Lawyer Blog, October 28, 2011
Massachusetts Supreme Judicial Court to Consider Whether Drunken Driver Acquittal Rate is Too High, Boston Injury Lawyer Blog, October 31, 2011 Continue reading

December 7, 2011

Boston Injuries Reported in 10 Segway Accidents in 2011

by Altman & Altman

According to the Boston Globe, Segway accidents have resulted in at least 10 injuries in this city in the last 12 months. Nine of the incidents involved fall accidents off the Segways. A tenth incident involved a person on a Segway getting hit by a car.

Four of the Boston Segway accidents occurred in the Beacon Hill area. Another four happened in the North End, while two other incidents took place in Charleston.

If you or someone you love was injured in a Massachusetts Segway accident, you may want to explore your legal options with an experienced Boston injury lawyer.

Segways
As this two-wheeled electric vehicle that riders are expected to stay balanced on has grown more popular, so has the number of injuries. While Segway accidents do occur because of rider inexperience (it can take a little while for some people to get a hang of using the “Lean Steer” handlebar, as they lean forward and back to get a Segway moving) other common causes of related injury accidents are poor instruction, inadequate supervision, a defective Segway, a malfunctioning part, or a defect on the road.

Just last year, the Annals of Emergency Medicine reported that 25% of patients who were admitted to one DC ER were Segway accident victims. At least four people had sustained traumatic brain injuries and were treated in the ICU.

All of the accident information used in this study involved Segway fall incidents with the victims striking inanimate objects. Less than half of the patients whose records were examined had been using helmets. It was also last year that Segway company owner James Heselden died in a Segway accident. The 62-year-old sustained fatal injuries when his Segway skidded into the Wharfe River in England.

Other Segway Accident Injuries:
• Broken bones • Spinal cord injuries • Facial injuries • Wrist injuries • Disfiguration

In 2006, 23,500 Segways were recalled because a defective part caused the personal transporters to suddenly go backwards at high speeds. That announcement was made three years after Segway recalled another 6,000 because of a safety issue that could cause the two-wheeled vehicle to stop suddenly while the battery was discharging.

Segway has been named as a defendant in a number of products liability lawsuits. Parties that rent or loan out a malfunctioning Segway can also be held liable for Boston personal injury. If a road defect was the cause of your Segway accident, you may have grounds for a Massachusetts premises liability case.

10 Segway injuries reported in Boston over last year, Boston, December 7, 2011
Serious Injuries From Riding Segways Increasing, MedicineNet.com, September 28, 2010

More Blog Posts:
Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident, Boston Injury Lawyer BLog, November 24, 2011
Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011
Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually, Boston Injury Lawyer Blog, April 26, 2011 Continue reading