Boston Injury Lawyer Blog

March 24, 2012

Prevent Boston Personal Injury by Knowing About 15-Passenger Van Safety Issues

With Spring underway, the National Highway Traffic Safety Administration wants to remind drivers that there are risks involved with driving a 15-passenger van. These vehicles have been involved in some very catastrophic traffic crashes, one reason being that with so many passengers able to ride in these vans, the number of injuries and deaths tend to be higher.

A few years back, CBS’s 60 Minutes II called the 15-passenger van one of the more dangerous vehicles on the road. This can be primarily attributed to the design of the vehicle. Because the back end has been extended so that up to four people can ride behind the van’s rear axle, this part of the vehicle can end up being very heavy, which can cause it to swing out should the vehicle suddenly swerve. Also, 15-passenger vans tend to have a high gravity center. The more people riding in it (even if there are no more than 15) the heavier it becomes, which increases its rollover risk. Tire blowouts can prove very dangerous on a 15-passsenger van.

Our Boston injury lawyers represent victims and families involved in Massachusetts 15-passenger van accidents. Even if driver negligence played a factor, you could have a valid auto products liability claim against the vehicle manufacturer.

To decrease the chance of a Boston 15-passenger van accident and any resulting injuries (NHTSA):

• Don’t overload the van.
• Wear a seat belt.
• Maintain the car regularly.
• Make sure the you are using tires that are the proper size; check them regularly to ensure that are properly inflated.
• Only let motorists with the proper license and experience drive your 15-passenger van.

A lot of people that ride professionally driven 15-passsenger vans treat the vehicle as if it were a bus by not bothering to buckle up. This is not a good idea. 15-passenger van accidents can result in head trauma, broken bones, traumatic brain injuries, massive internal injuries, burn injuries, spinal cord injuries, and other serious injuries.

Consumer Advisory: NHTSA Offers Tips for Safe Travel in 15-Passenger Vans, NHTSA, March 22, 2012

Q&A: 15-passenger vans, Insurance Institute for Highway Safety, April 2011

Rollover, CBS News, February 11, 2009

More Blog Posts:
NTSB Calling for Total Cell Phone Ban on All US Roads and Highways, Boston Injury Lawyer Blog, December 15, 2011

Preventing Boston 15-Passsenger Van Accidents: NHTSA Reissues Consumer Warning, Boston Injury Lawyer Blog, October 15, 2010

15-Passenger Van Accident on Massachusetts’s Tobin Bridge Leaves 13 People Injured, Boston Injury Lawyer Blog, September 1, 2008 Continue reading

March 23, 2012

New Bedford Bicyclist Hit and Killed by FedEx Truck

by Altman & Altman

With record-breaking temperatures yesterday, Massachusetts residents poured outside to enjoy the sunshine and summer temperatures. Walkers, runners, bicyclists, rollerbladers, picnickers, and beach-goers (including kids playing hooky from school) were seen in droves. Unfortunately, the day did not end as gloriously for all.

According to news reports, on Wednesday evening around 6pm, 58-year-old Cynthia Pacheco of New Bedford was hit and killed by a FedEx freight truck in New Bedford Industrial Park. The FexEx truck was making a left-hand turn when it hit her. The incident is still being investigated. Police could not confirm whether or not Pacheco was wearing a helmet.

With virtually no protection against guardrails, trees, fences, cars, and trucks, bicyclists can suffer minor injuries like bumps and bruises to serious injuries such as broken bones, head injuries and even fatalities. If you or a loved one has been injured or killed in a bicycle accident in Massachusetts, you should contact an experienced MA bicycle accident attorney to determine whether you may be able to financially recover.

March 22, 2012

NHTSA Seeks to Modify Keyless Ignition Systems to Minimize Safety Risks

by Altman & Altman

The convenience offered by keyless ignition systems can be outweighed by the safety risks they may pose. The keyless technology, which usually comes with an electronic fob that lets a driver unlock the vehicle and start it without having to insert an actual key in the ignition, has been blamed in a number of incidents that have resulted in injury or death. Now, the National Highway Traffic Safety Administration is seeking to modify these keyless ignition systems to make them safer.

With no key to turn and remove from the ignition it can be easy to leave the vehicle while forgetting to turn the engine off or thinking that you have when you actually didn’t. This can lead to tragic accidents, such as in the case of Mary Rivera and Ernest Codelia. River left her Lexus in the garage attached to her residence and didn’t realize that she never turned the engine off. This caused carbon monoxide to seep into her home. As a result of the CO poisoning, Rivera sustained permanent brain injury. Codelia, who also was exposed to the carbon monoxide, died from his injuries. Rivera and Codelia’s family are now suing Toyota for auto products liability. They are blaming the automaker for creating a keyless ignition system that makes it easy for a motorist to accidentally leave a vehicle unattended with the engine still running. Another peril that the keyless ignition system appears to be posing is that a driver might get out of the car and get hit by the vehicle that has been accidentally left on and not in park mode. NHTSA received at least one complaint by a driver.

The NHTSA is proposing a new rule to minimize some of these safety risks. The traffic safety agency wants to standardize these systems and require that a mere half-second press of the power button would automatically turn off a vehicle engine. It also wants there to be a warning sound that would go off if a driver were to get out of the car without putting the vehicle in park. A warning would also be activated if a motorist were to leave the vehicle with his/her key Fob but without turning the car off.

Our Boston auto products liability lawyers represent people who were injured or lost loved ones because an auto or any of it parts proved defective or dangerous. We are not afraid to go after automakers to fight for our clients’ financial recovery caused by poorly designed auto parts, seat belt defects, air bag failure, tire blowouts, or other safety issues.

Keyless ignition dangers addressed by proposed rule, NHTSA, March 16, 2012

Toyota sued in carbon monoxide tragedy that killed 79-year-old lawyer, New York Daily News, November 7, 2010

More Blog Posts:
Toyota Issues International Recall of 1.3 Million Motor Vehicles, Boston Injury Lawyer Blog, June 29, 2009

GM and NHTSA Announce Recall of 1.5 Million Motor Vehicles, Boston Injury Lawyer Blog, April 21, 2009
Recent Accidents Spark Seatbelt Enforcement Debate in Massachusettse, Boston Car Accident Lawyer Blog, January 10, 2012 Continue reading

March 21, 2012

Car Collides with School Bus in Marshfield, Injuring Three

by Altman & Altman

According to news reports, a serious bus crash today in Marshfield on Route 3A caused two individuals to be MedFlighted to trauma centers for help. A full sized school bus apparently crashed into a Ford station wagon that had run a stop sign at an intersection. The two seriously injured individuals were MedFlighted were riding in the station wagon, and the third woman in the wagon was seriously injured as well. The South Shore Community Action Council (SSCAC) bus was carrying 11 preschool students and 3 adults, on the way to South Shore Head Start and Day Care, who were all wearing seat belts and were uninjured.

Buses are clearly a very economical mode of transportation that has become nearly essential today, particularly in the transport of children. At the same time, history has shown that buses-along with other larger vehicles-are more prone to turn-overs and can cause incredible amounts of damage when involved in accidents. The SSCAC bus involved in this accident was owed by the privately owned SSCAC, a non-profit on the South Shore to aid low-income individuals.

If you or a loved one has been injured in a car, bus or truck crash in Massachusetts, you should contact an experienced car accident attorney to determine whether you may be able to financially recover.

March 20, 2012

Alcohol May Have Been A Factor in Deadly Orleans, Massachusetts Car Accident Involving Woman that Fell out of Pickup Truck that Struck Her

by Altman & Altman

Police are investigating a deadly Barnstable County, Massachusetts traffic accident that claimed the life of 47-year-old Diane Cole. They believe that both Cole and the driver of the GMC pickup truck she had been riding in on Friday afternoon, 69-year-old Dennis Maskell, had been drinking.

According to witnesses, on Friday afternoon, Cole fell out of the truck and that was when the vehicle’s rear tire struck her. At the time, the vehicle was reportedly moving at a slow speed. So far, the authorities don’t believe that the truck’s door opened unexpectedly as a result of any type of mechanical failure. They also don’t believe that domestic problems played a role in the tragic incident.

Maskell has been charged with motor vehicle homicide. A man who knew Cole and Maskell said that she jumped out of the vehicle. Maskell and Cole were reportedly not a couple.

Barnstable County, Massachusetts Wrongful Death
Figuring out who was responsible for a Massachusetts injury accident can be tough. Even with investigators and police involved, you want to make sure that you retain the servicers of someone that can advocate on your behalf and protect your rights.

If someone you love was killed in an Orleans, Massachusetts injury accident that you believe was caused by someone else’s negligence, you may be able to sue for damages.

Orleans woman falls out of truck, is killed, CapeCod Online, March 17, 2012

More Blog Posts:
Car Collides with School Bus in Marshfield, Injuring Three, Boston Injury Lawyer Blog, March 21, 2012

Pregnant Massachusetts Woman Killed in Fort Lauderdale Vacation Accident, Boston Injury Lawyer Blog, March 19, 2012

Truck Rollover in Freetown, MA Injures Two, Boston Car Accident Lawyer Blog, March 6, 2012 Continue reading

March 19, 2012

Pregnant Massachusetts Woman Killed in Fort Lauderdale Vacation Accident

by Altman & Altman

Somehow, vacation accidents strike an even more painful chord in our hearts than other types of accidents. A vacation is a time to escape from the stresses of daily life and relax. For some, vacation means snow-covered mountains, skiing, and snowboarding. For many others, vacation means sunshine, pools, tropical cruises, boating and family. Regardless of the case, the term “vacation accidents” may appear a tragic oxymoron to some.

In an incredibly tragic and unusual accident, a pregnant woman from Medford and her unborn child were killed yesterday in Florida when a driver lost control of her car and crashed into a cabana. The 34-year-old female driver, Rosa Rivera Kim, crashed into the 2-story hotel cabana in which the 26-year-old Medford resident Alanna DeMella and her husband had been staying in during their vacation. DeMella was 7 months pregnant with her son at the time. According to reports, Ms. DeMella was a third grade teaching assistant in Arlington and the school is preparing to deal with the crisis.

This case is distinct from the standard run-of-the-mill car accident case in several major ways: (1) the driver had an unborn child who was also killed; (2) the manner in which the accident occurred-crashing through a cabana-is incredibly unusual and somewhat bizarre; and (3) the couple was on vacation out-of-state. How this combination of factors could influence the location and outcome of a potential wrongful death lawsuit have not been determined.

March 18, 2012

Massachusetts medical board is not up to par, hiding medical misconduct

by Altman & Altman

Today, many patients seek information about a potential medical health professional via a Google search, which often reveals a hospital or doctors’ office profile and, occasionally, records of malpractice. In Massachusetts, this is not necessarily the case. An investigation by Northeastern University revealed that the state-often considered a leader in medical education and care-has fallen behind many other states in its accessibility to information about doctor misconduct and medical malpractice.

As Boston.com states,

For example, there have been 35 criminal convictions of Massachusetts doctors since 2002. In most states, such convictions are posted permanently online; in Massachusetts, not one is listed in the state medical board database.

March 17, 2012

Is CPSC’s SaferProducts.Gov Database Preventing Boston Injuries?

by Altman & Altman

The Consumer Product Safety Commission’s Consumer Safety Information Database has been in use for one year now. SaferProducts.gov allows people and entities to provide quick notification of injuries caused by consumer products. The database also lets other people check whether any complaints were filed over a particular item.

Approximately 6,000 reports were filed during SaferProducts.gov’s first 10 months. Most of the reports were submitted by consumers and had to do with well-identified, newer products (many people included the items’ serial numbers and model names with their submissions). Medical professionals, coroners, and public safety professionals also turned in reports. While there had been some concerns that third-party advocates would be submitting entries about older items, this does not appear to be the case.

Our Boston products liability lawyers welcome any new means of preventing defective or dangerous products from causing serious injuries to others. Too often we see the harm product defects can cause. Fortunately, there are legal remedies that can allow you to obtain Massachusetts personal injury compensation.

March 16, 2012

Kids’ Jewelry Containing Toxic Chemicals Were Sold in Massachusetts

by Altman & Altman

According to new research from the Ecology Center and The Alliance for Healthy Tomorrow, there are certain inexpensive pieces of jewelry made for both children and adult that contain toxic chemicals underneath their surfaces. Some of the jewelry included in the study were bought from stores in Holyoke, Falmouth, Fall River, and Worcester, Massachusetts.

99 pieces of low-cost jewelry were purchased from 14 retailers in six states and tested for cadmium, lead, arsenic, bromine, mercury, and chlorine. Included in this collection were the “love” ring and necklace set that contained low levels of cadmium, arsenic, and mercury. Low levels of lead and arsenic, and medium levels of mercury, were found in the “best friends” peace heart necklace. In total, 27% of the jewelry exhibited more lead levels than the 300 parts per million that is allowed and considered safe. Close to 59% of the products contained high levels of at least one dangerous chemical.

In studies involving humans or animals, the chemicals the researchers were looking for have been linked to allergies, learning disabilities, birth defects, cancer, and liver toxicity. It doesn’t help that many young kids are prone to putting shiny and brightly colored objects in their mouths to begin with, which can lead to ingestion of these toxic chemical when they are present and choking accidents. This study’s researchers are telling parents and guardians to prevent young kids from using or playing with cheap metal jewelry.

Unfortunately, kids are especially vulnerable to illness and other health complications from too much exposure to toxic chemicals. For example, there have been lead injury lawsuits filed contending that exposure or ingestion of lead resulted in cognitive impairments and other serious injuries. Boston injury lawyers represent the families injured because manufacturers, distributors, and sellers allowed a defective or dangerous product to enter the marketplace.

Chemical-laden kids’ jewelry turns up on Cape, watchdog says, Cape Cod Times, March 14, 2012

What’s in your children’s jewelry?, The Alliance for a Healthy Tomorrow

More Blog Posts:
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
“Metal-on-Metal” Hip Replacement Devices May Increase Cancer Risk, Says Study, Boston Injury Lawyer Blog, February 13, 2012
Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012 Continue reading

March 14, 2012

2007 Virginia Tech Massacre: Jury Awards Two Families $4M Each in Students’ Wrongful Deaths

by Altman & Altman

A jury has ruled against Virginia Tech in the wrongful death lawsuit seeking damages for two families who lost loved ones in the campus massacre that claimed the lives of 33 people. The April 16, 2007 tragedy has been called the most deadly mass shooting in our nation’s modern history. On Wednesday, it took jurors just 3 ½ hours to rule in favor of the parents of Erin Peterson and Julia Pryde. Each family was awarded $4 million.

The families’ wrongful death lawyers contended that Virginia Tech administrators and police shouldn’t have waited to students that two people had been shot in a campus dorm or that there was a suspected shooter still at large. It wasn’t until 2 ½ hours after the incident and almost 10 minutes after Seung-Hui Cho started shooting people at Norris Hall that a campus wide e-mail was sent out to 37,000 addresses warning that a gunman was loose. The attorneys also argued that university administrators, including Virginia Tech President Charles W. Steger, tried to cover up their actions so it would seem as if they had responded more aggressively to the crisis that day.

Steger testified that he waited to send out the mass warning because he wanted to prevent a panic. The first two victims were believed to have been part of an isolated shooting involving a possibly jealous boyfriend, which is why the university didn’t initially put out an alert. However, a state panel that probed the massacre found that university officials made a mistake when they decided to delay sending the warning.