Boston Injury Lawyer Blog

August 15, 2018

At least 1,000 Children Have Been Sexually Abused by Catholic Priests in Pennsylvania

A grand jury issued a report last week revealing that more than 300 priests sexually abused at least 1,000 children over a 70-year period, in Pennsylvania alone. Nearly as disturbing is the discovery that the abuse was covered up by bishops and many others in Pennsylvania’s Roman Catholic Church, and that victims and law enforcement were “persuaded” to remain mum. According to the report, there are likely thousands of additional victims who are reticent to come forward, or who have died leaving no record of abuse.

The report includes detailed descriptions of abuse, including the rape of a young girl by a hospital chaplain after a tonsillectomy, a priest who impregnated a young girl and arranged for her abortion, a priest who tied up and whipped his victim with leather straps, and five sisters who were all abused, including the youngest who was 18 months old.

Pennsylvania Isn’t Alone

Boston is no stranger to sex abuse scandals in the Catholic Church. In 2002, decades of sexual abuse and cover ups were brought to light, resulting in the resignation of Boston’s Archbishop, settlements in the billions of dollars, and the addition of multiple prevention programs. But Boston and PA are far from the only places to be rocked by scandal in recent years; the former archbishop of Washington, Cardinal Theodore E. McCarrick, recently resigned after being accused of sexual abuse against minors, and some of these cover-ups have gone as far as the Vatican. A MA injury lawyer can help you determine how to proceed if you’ve been the victim of sexual abuse.

According to the report, some of the church officials who protected abusive priests were not only allowed to remain in office, they got promotions.

“Despite some institutional reform, individual leaders of the church have largely escaped public accountability,” wrote the grand jury in the report. “Priests were raping little boys and girls, and the men of God who were responsible for them not only did nothing; they hid it all. For decades.” A Boston injury lawyer can help you recover damages if you’ve been the victim of clergy sexual abuse.

Several bishops are rejecting accusations that the church has been covering up sexual abuse.

“There was no cover-up going on,” said Bishop David A. Zubik of Pittsburgh. “I think that it’s important to be able to state that. We have over the course of the last 30 years, for sure, been transparent about everything that has in fact been transpiring.”

They Put the Church First

But the grand jury doesn’t see it that way, saying that the Catholic Church knew what it was doing by following the “playbook for concealing the truth.” For example, any documentation about incidents used language such as “inappropriate contact” for actions that more accurately described rape. And when priests were removed for misconduct, church officials were advised to say the priest was on “sick leave” or “suffering from exhaustion.” According to Attorney General Josh Shapiro, the church put itself first. “They protected their institution at all costs. As the grand jury found, the church showed a complete disdain for victims.” Continue reading

August 14, 2018

The Inherent Dangers of Boating While Boating in Massachusetts

by Altman & Altman

Massachusetts has an abundance of coastline and waterways for every type of boating excursion. Boating can be great fun during the warmer months. From water skiing and wake boarding to fishing and summer commuting, boating is a favorite activity for thousands who live in, or visit, MA every year. But boating can become seriously dangerous—even deadly—due to inexperience, speeding, and alcohol use.

Boating Safety Tips

Follow the tips below to dramatically reduce your risk of serious injury or death in a boating accident.

Never combine alcohol and boating. According to the U.S. Coast Guard, alcohol consumption increases the risk of a boating fatality by 34 percent. And alcohol is a factor in nearly half of all boating accidents. Further, it is a federal offense to operate a boat under the influence. If convicted, you could face jail time and fines of up to $5,000.
Avoid speeding and reckless driving. You can be cited for speeding and reckless driving, but these dangerous behaviors also dramatically increase your risk of serious injury. A Boston boating accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.
Leave the volume of your emergency radio at an easily audible level. A fatal duck boat accident in Philadelphia was a tragic reminder of the importance of emergency radios; the boat’s operator missed crash warnings because he had turned down the radio’s volume. As a result, two tourists were killed and the Philadelphia duck boat company settled with the victim’s families for $15 million.
There should be an experienced boat operator onboard at all times. In 77 percent of fatal boat accidents, the operator had inadequate boating safety instruction. In fact, the top five contributing factors in boating accidents are inexperience, inattention, speeding, improper lookout, and mechanical failures.
Ensure that your boat is well maintained and in proper working order. If you own the boat and someone is injured or killed because it is in poor condition, you could be found liable.
Follow life jacket laws. In MA, that means anyone under the age of 12 must wear a life jacket at all times, and that there are ample life jackets for each person onboard. The boat’s owner or operator is responsible for ensuring that life jacket laws are followed. In 2016, drowning was the main cause of death in 80 percent of fatal boating accidents, and of those victims, 83 percent were not wearing their life jacket.
Avoid overloading your boat. Too much weight on a boat can lead to capsizing or swamping (taking on water). Check your boat’s weight capacity and ensure that you never exceed it.
Be prepared for an emergency. Make sure that you have proper safety equipment onboard, that it’s in proper working order, and that you know how to use it. A MA personal injury lawyer can help you recover damages if you’ve been injured due to another’s negligence.
Check the weather before heading out. Getting caught in bad weather on open water can be deadly.

August 1, 2018

Mass Casualty Duck Boat Accident in Branson, MO

by Altman & Altman

Are duck boats death traps? Following a tragic accident that claimed 17 lives in Missouri last week, many experts are saying duck boats should be banned nationwide. Duck boats are amphibious vehicles (originally used during WWII) that can travel on land and water, and they have a deadly history.

Anyone living in the Boston area is likely familiar with duck boat accidents; a woman was killed and a man was injured when a Boston Duck Tours vehicle ran over their scooter in 2016, and another woman was seriously injured months later when she was struck by a duck boat from the same company. A MA personal injury attorney can help you determine how to proceed if you’ve been injured by another’s negligence.

The recent accident in Missouri resulted in the death of 17 people, at least one of whom was a child. The Ride the Ducks vehicle capsized on Branson’s Table Rock Lake when a sudden storm brought 65 mph winds. Only 14 of the 31 passengers survived. One of those passengers, Tia Coleman, lost nine family members in the tragedy—three children, her husband, two nephews, her mother-in-law and father-in-law, her sister-in-law, and an uncle. Only she and a nephew survived. Coleman claims that the boat’s captain told them not to worry, and that there was no need to use life jackets. When it became apparent that they needed the life vests to survive, it was too late.

“When that boat is found, all those life jackets are going to be there,” said Coleman.

Sinking Coffins

Not only was this not the first fatal duck boat accident in the country (not even close), it wasn’t the first for this particular company. Ride the Ducks has been sued multiple times for fatal duck boat accidents. Experts are calling these vehicles “sinking coffins.” After an accident that killed 13 people in Arkansas nearly 20 years ago, the National Transportation Safety Board (NTSB) recommended that the canopies on all duck boats be removed for safer escape. In those 20 years, almost nothing about duck boat structure or operations has changed. Not only are the canopies still there, but the design on most duck boats is nearly identical to their original WWII design.

In addition to their on-water dangers, duck boats are considered to be dangerous when driving on land because their unusual design creates a deadly blind spot. In last year’s fatal accident in Boston, the duck boat driver couldn’t see the scooter stopped at a red light directly in front of him because of the duck boat’s shape. A Boston personal injury lawyer can help you recover damages if you’ve been injured due to another’s negligence.

In Seattle in 2015, a fatal collision involving a duck boat and a bus resulted in the death of five college students. Another 69 passengers were injured. Branson-based Ride the Ducks, who also manufactured the Seattle duck boats, was fined $500,000. And in 2015, a woman was struck and killed while crossing a Philadelphia street. That duck boat was also connected to Ride the Ducks. Continue reading

July 26, 2018

The Dangers of Falls from High Rise Construction Sites in Massachusetts

by Altman & Altman

According to the Occupational Safety and Health Administration (OSHA), one out of every five fatal work accidents occurs in the construction industry. Considering that more than one-third of these fatalities are due to falls, it’s in the best interest of construction workers in the Commonwealth of MA and nationwide to familiarize themselves with the dangers of construction falls, and how to avoid them.

To protect workers, OSHA has established fall protection safety standards. Unfortunately, fall protection is the number one OSHA standard to be violated by employers. If you work in the construction industry and have concerns about the safety standards at your workplace, speak up. If your supervisor doesn’t readily address and resolve the issue, contact OSHA. It is OSHA’s duty to investigate claims of workplace safety violations.

OSHA’s Fall Prevention Campaign

Of the 991 construction deaths in 2016, 370 were falls from high elevations. In partnership with the National Institute for Occupational Safety and Health and the National Occupational Research Agenda (NORA), OSHA has developed a Fall Prevention Campaign to educate employers and workers about how to prevent falls from roofs, scaffolds, ladders, and other high elevations. The campaign has three main components: Plan, provide, and train.

Plan

Working from heights requires proper planning beforehand, to ensure that workers are safe at all times. Planning can include outlining tasks that will be involved, listing necessary safety equipment, identifying potential hazards—such as skylights or leading edges—and deciding which workers have proper training to work from heights. A Boston work injury lawyer can help you determine how to proceed if you’ve been injured on the job.

Provide

When it comes to working at high elevations, the right equipment is essential. Any worker who is at least six feet above lower levels must be provided with fall protection equipment. This can include everything from a personal fall arrest system (PFAS) to proper scaffolds and ladders. In addition to providing the equipment, employers must ensure proper fit and that the equipment is well-maintained and in working order.

Train

Any individual who will be working from a high elevation must first receive adequate training. In addition to proper use of safety equipment, workers should be able to identify potential hazards and know how to deal with them. A MA workers’ compensation attorney can help you obtain the compensation you deserve if you’ve been injured in a work-related accident.

According to data from the Bureau of Labor Statistics, fall-related construction deaths between 1992 and 2005 occurred from the following places:

33% – roofs
18% – scaffolding or staging
16% – ladders
8% – girders or structural steel
25% – other

Fortunately, the vast majority of fall-related construction deaths can be easily prevented. You can dramatically reduce your risk of serious injury or death by reporting any fall hazards to your employer, and by contacting OSHA if those hazards are not resolved. Continue reading

July 26, 2018

How to Ensure that Your Child Stays Safe at Camp this Summer

by Altman & Altman

Summer camp is a wonderful opportunity for kids to enjoy nature, make new friends, and get healthy exercise all summer long. Whether it’s a day camp or sleep away camp, safety is always a number one concern. Scrapes and bruises are common, but what about more serious injuries? How can you ensure that your child stays safe and healthy at summer camp?

Summer Camp Safety Checklist

Is the camp accredited? To obtain accreditation, a camp is required to pass hundreds of health and safety tests. If the camp is not accredited, it doesn’t necessarily mean you shouldn’t send your child there, but ask why they are not.

July 17, 2018

How to Obtain the Compensation You Deserve After a Crash Involving a Commercial Truck

by Altman & Altman

Motor vehicle collisions involving large, commercial trucks often result in significantly more damage than those involving passenger vehicles alone. This can be due to multiple factors, such as the sheer size and weight of commercial trucks, as well as an increased risk of fatigue among long-haul truck drivers. Fortunately, if you are involved in an accident with a large truck (a.k.a. big rig, 18-wheeler, or tractor-trailer), several options are available to obtain compensation.

Filing a personal injury lawsuit after a collision with a commercial truck can help you obtain the compensation you deserve, but it can also be a complicated, lengthy process. A skilled Boston personal injury lawyer with extensive experience in trucking accidents can help to ensure that you receive full compensation in a timely manner. And filing a lawsuit might be your only option to recover damages; insurance carriers often require the insured to attempt to get the responsible party to pay before they will issue any funds. When the other party refuses, a lawsuit may be necessary.

When filing a lawsuit after an accident involving a large truck, one of the challenges is determining who to file it against. Was the truck driver negligent—was he/she texting while driving, or driving recklessly? Was the truck company negligent—did its failure to provide proper maintenance result in a mechanical issue that caused the accident? Was a parts manufacturer negligent—did faulty tires contribute to the accident? Was a third-party responsible—did a bar knowingly over-serve the driver, lending to his/her intoxicated driving? As you can see, determining fault can be a complex matter. And in many cases, multiple parties are at fault.

Driver

Even if the truck driver was obviously negligent (i.e. falling asleep behind the wheel), he/she may not have the financial ability to compensate you for repair bills and medical expenses. In most instances, however, the trucking company is at least partially at fault. A MA trucking accident attorney can help you determine how to proceed if you’ve been injured in an accident involving a commercial truck.

Trucking Company

Generally speaking, truck drivers are working for a company. As such, the company may be held vicariously liable for resulting collisions. For example, if the driver fell asleep behind the wheel, was it because he/she was working excessive hours at the company’s request? The Federal Motor Carrier Safety Administration (FMCSA) imposes strict regulations on the amount of hours truck drivers are allowed to work. These are known as “hours of service” regulations. Drivers may not drive more than 14 consecutive hours, and they cannot resume driving until a minimum of 10 consecutive off-duty hours have passed. Further, they cannot drive more than 60 hours during a seven-day period, or 70 hours during an eight-day period. Violations can result in civil penalties and fines.

Even if the truck was well-maintained and inspected, and the trucking company adhered to hours of service regulations, the trucking company may be deemed liable for the driver’s negligence. Consider the following scenario: Harold is driving recklessly when he crashes into Maude. Had Harold’s employer, CBA Trucking, conducted a thorough background check prior to his hire, they would have seen multiple terminations due to reckless driving. For this reason, any resulting lawsuit may allege that CBA used negligent hiring practices and is, thus, partially liable for Maude’s injuries. Continue reading

July 6, 2018

What To Do If You’ve Been Hit By A Car When Riding Your Bike

by Altman & Altman

Bicycling in and around Boston is fun, healthy, environmentally sound, and good on the wallet. As such, cycling—as both a recreational activity and a mode of transportation—is skyrocketing in popularity. This pollution-free, cheap alternative to gas-guzzling cars and trucks is not, however, without risks. In fact, without adequate knowledge of bicycle safety, cycling can be even more dangerous than driving. And without the four-walled protection of a motor vehicle, bicycle accidents frequently result in serious injury, and even death.

Although the most serious cycling injuries typically involve a motor vehicle traveling at 40 MPH or more, accidents can happen anywhere, and at any speed. Cycling injuries often include traumatic brain injuries (TBIs), broken bones, and internal injuries. If you’ve been injured in a bicycling accident, there are certain steps you should take immediately. These include:

Report the accident to police. If you are unable to call yourself, ask if someone else can. As soon as the crash is reported, both police and paramedics will be dispatched to the scene. In addition, police will investigate the accident, creating an official police report and collecting witness statements, both of which may be invaluable if you decide to file a personal injury lawsuit. A Boston personal injury lawyer can help you determine how to proceed if you’ve been injured in a cycling accident.
Obtain immediate medical attention. Even if you do not have obvious injuries or feel pain, it is important to seek medical attention after a cycling accident. Internal injuries can take days or weeks to present symptoms, and some of these injuries can be extremely serious. Further, medical records can prove quite valuable in an injury lawsuit.
Consult with a lawyer. If you have been involved in a serious cycling accident, a MA injury lawyer can help you recover damages. You may be entitled to compensation for medical expenses, pain and suffering, lost wages, and other costs. Not all bicycle accidents lead to injury claims, but a serious crash may warrant legal assistance.

How to Prevent Having a Bicycle Accident in the First Place

Unless you are riding only in bicycle lanes and on trails, you will be sharing the road with motor vehicle drivers. As a result, you must follow the same rules. The steps below will help you protect yourself, and everyone with whom you share the road.

Always ride with the flow of traffic, and remain to the far-right of the lane.
Obey all traffic signals, and use hand signals to indicate turns.
Always wear a helmet when cycling, and dress in brightly-colored clothing.
If you ride at night, wear reflective gear and affix a headlight to the front of your bike.
Wear proper shoes when cycling.
When riding past a parked car, give yourself as much distance as possible to prevent “dooring.”
Use extra caution at intersections.
Never expect that a driver will use his/her turn signal.
Proceed slowly when exiting a driveway, and always look left and right.
Avoid listening to music, texting, or talking on the phone while riding.
Never ride while under the influence of drugs or alcohol.

June 18, 2018

MA Woman Loses $9.5 Million Lawsuit Against Red Sox for Foul Ball Injury

by Altman & Altman

The Brookline woman who was seriously injured by a foul ball at a 2014 Red Sox game has lost her case against the team. Stephanie Taubin was sitting in a luxury box at Fenway Park when David Ortiz hit a foul ball that smashed into her face. “It was so insanely fast,” she said. “The ball had definite spin on it.” Taubin sued the Red Sox and owner John Henry, alleging that they were negligent for not protecting luxury seats with glass or netting. She sued for $9.5 million, claiming that she suffered from neurological damage and facial fractures.

The jury did not agree with Taubin’s claim of negligence, however. Last week, they ruled in favor of the Red Sox. Following the verdict, Zineb Curran, a spokeswoman for the team said that while they “regret the injury,” they are “pleased with today’s outcome,” and that the “Dell/EMC Club is a safe and enjoyable area from which to watch a Red Sox game. Many of our valued fans, guests, and family and friends have enjoyed the space and return to it time and again.” She went on to say that the safety of fans “is an issue we take seriously, and since 2014, we have twice expanded our protective netting, and continue to evaluate the safety of all seating areas within the ballpark. We thank the jury and the court for their service in this matter.”

According to Taubin’s attorney, his client was paying attention to the game, but the ball was moving too quickly for her to avoid being hit. Taubin says that she could hear her bones crack when the ball struck her face. A Boston personal injury lawyer can help you determine how to proceed if you’ve been injured by another’s negligence.

Red Sox Owner Admits that the Lack of Glass Made the Box Seats More Dangerous

During the civil trial, which took place earlier this month, Red Sox owner John Henry testified that a section of glass had previously shielded the Dell EMC Club and that it had been removed. “We took the glass off, we took the seats out, we just gutted it,” he said. When asked if he thought that the area had become more dangerous following the glass removal, Henry responded by saying, “yes.” Even so, the jury reached a unanimous decision that the Red Sox were not negligent.

How Many Fans Have Been Injured in Similar Accidents at Fenway Park?

According to reports, a minimum of 51 fans have required medical treatment for injuries sustained while sitting in the same area. Only two weeks before Taubin’s injury occurred, a 44-year-old woman was nearly killed when she was struck by a broken bat. In 2014, a 36-year-old woman was hit in the face with a foul ball, requiring more than 30 stitches to repair the damage.

If there’s any silver lining to this outcome, it’s that this string of injuries has led to the installation of extended netting by all 30 MLB teams. But that doesn’t help Stephanie Taubin obtain the compensation she deserves for her injuries and pain and suffering. A MA personal injury lawyer can help you recover damages if you’ve been harmed by another’s negligence. Continue reading

June 8, 2018

USC Gynecologist Under Criminal Investigation for Sexual Assault of Patients

by Altman & Altman

Most women would prefer to do a multitude of things rather than go to the gynecologist, but periodic check-ups are necessary to ensure good health. Finding a gynecologist with whom you are comfortable is the best way to make these visits at least slightly more tolerable. Fortunately, the majority of gynecologists in the United States have the best interests of their patients in mind at all times. But there are exceptions. Case in point—52 women have come forward alleging sexual abuse at the hands of former University of Southern California (USC) staff gynecologist, Dr. George Tyndall.

According to LAPD reports, Tyndall, now 72, abused patients—most of them USC students—for a 26-year period…basically his entire career. Despite numerous complaints and accusations during that time, Tyndall remained employed at USC until a 2016 incident, after which he was asked to resign, and given a severance package.

According to the abuse allegations, Tyndall groped women’s breasts, and penetrated their vaginas and anuses for “no legitimate medical purpose,” other than “to satisfy his own prurient sexual desires.” He also made lewd remarks about his patients’ sex lives and bodies. A MA sexual abuse victims attorney can help you protect your rights if you’ve been sexually harassed, raped, or assaulted.

Position of Power

One of those patients, now a nurse practitioner, said that Tyndall used his position of power to take advantage of his patients. He knew that certain actions could be perceived as medically necessary, and he used that knowledge to exploit women.

At a recent press conference, LAPD officials encouraged Tyndall’s victims to come forward to the authorities. “We are empathetic and ready to listen,” said Assistant Chief Beatrice Girmala.

“In mid-May, news broke of allegations brought forth by faculty and students within the University of Southern California against Dr. George Tyndall — a gynecologist there at USC whose behaviors and practices appear to go beyond the norms of the medical profession and gynecological examinations,” said Girmala. “As the LAPD works with the University of Southern California, its board, staff, faculty, and very importantly, student community — both past and present — we wanted to personally outreach to those who may have been impacted and believe they may have been the victim of criminal conduct by Dr. Tyndall.”

Was USC Negligent?

In addition to the criminal investigation into Tyndall’s actions, numerous lawsuits have been filed against USC claiming that the university failed to respond to dozens of complaints made over a period of more than two decades. The lawsuits allege that USC allowed Tyndall to have “unfettered sexual access to the young female USC students in his care.” His abuse was overlooked by USC staff until 2016, when a nurse reported Tyndall to the school’s rape crisis center. Continue reading

May 30, 2018

What Caused Uber’s First Fatal Self-Driving Car Accident?

by Altman & Altman

When an Uber SUV in self-driving mode struck an Arizona pedestrian in March, it was the first fatal crash of its kind. But it was far from the only accident involving an autonomous vehicle. In fact, such accidents have dominated the headlines in recent months, raising questions about the safety of self-driving technologies.

How Do Autonomous Vehicle Computers Work?

There are three different modules in the computer systems used to operate self-driving cars—the perception module, the prediction module, and the response module.

The perception module uses sensors—such as cameras, radar, and pulses of light—to identify nearby objects.
The prediction module determines how these objects are likely to “behave.” For example, is the truck ahead going to switch lanes?
The response model uses the information above to determine the most appropriate response. For example, should the autonomous vehicle accelerate, decelerate, or change lanes?

These technologies are currently being tested on public roadways in states across the nation. Arizona’s dry climate has played a major role in its becoming a hot bed for testing self-driving vehicles (which still perform better on dry roads). But Arizona’s loose laws and regulations concerning self-driving vehicles may see some changes now that someone has been killed. A Boston car accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

So, what actually caused the Uber self-driving crash that killed an Arizona woman this spring?

According to Sebastian Thrun, the Stanford professor who formerly led Google’s autonomous-vehicle department, the most challenging of the three modules mentioned above is perception. Although bicycles, pedestrians, and other vehicles are relatively easy to identify, rarely-seen objects (think of a plastic bag floating across the road) pose a problem. Thrun says that when Google first began testing autonomous vehicles, its “perception module could not distinguish a plastic bag from a flying child.”

Confused Computer

The National Transportation Safety Board (NTSB) investigated the Arizona accident, and determined that the autonomous Uber’s computer system failed to identify Elaine Herzberg as she walked across the road with her bicycle. Her presence was detected six seconds prior to the crash, but the perception module identified her first as an unknown object, then as a vehicle, and then as a bicycle, with a path the system was unable to predict. A MA car accident attorney can help you recover damages if you’ve been injured due to another’s negligence.

According to the NTSB report, at 1.3 seconds before the crash, the computer system recognized the need for emergency braking, but the emergency braking had been disabled due to a potential conflict with the autonomous system. In such an event, the human driver is expected to react. Unfortunately, the safety operator was looking at the self-driving display screen at the time of the accident, and was unable to brake in time.

It was determined that, although the Arizona accident had multiple causes, the fault ultimately lies in the system’s design failure. The AV system should slow down, for example, if the perception module becomes confused. Of course, unexpected braking can have its own consequences. Confused self-driving vehicles have been rear-ended by human drivers when they slowed down unexpectedly. In fact, this is the exact reason why the responsibility of braking has been officially assigned to human safety operators, who are tasked with being the safety net when the AV system malfunctions or gets confused. In order for this to work, however, the human driver must be paying attention to the road as closely as the driver of a non-autonomous vehicle. Continue reading