Boston Injury Lawyer Blog

September 2, 2009

Teen Driver Talking on Cell Phone Injures Barrington Rider During Bedford Motorcycle Accident

A 50-year-old Barrington man was injured in a Bedford motorcycle accident on August 20 when he was hit by a motor vehicle on Route 101. Robert Heywood was treated for his injuries at a Manchester hospital and then later released.

Heywood reportedly injured his leg, broke his knee, and sustained lacerations to his head and ear. He was not using a motorcycle helmet at the time of the Massachusetts traffic accident.

The Bedford, Massachusetts motorcycle accident happened early in the evening when Heywood was struck by a vehicle driven by 19-year-old Brittany Lacourse. Police say that the Lowell driver was talking on her cell phone when she crossed solid white lines and struck Heywood.

August 28, 2009

Despite Warnings that Drinking Too Much Alcohol Can Cause Boston Car Accidents, Many People Still Overindulge

by Altman & Altman

We all know that driving drunk can result in catastrophic Boston car crashes. Unfortunately, many people still continue to get behind the steering wheel of a vehicle after drinking too much and they risk their lives and the lives of others in the process.

Drunk drivers come from all age demographics and walks of life. New findings, however, are showing that nationally, there has been an increase in the number of women involved in deadly drunk driving accidents. A new report also reveals that it isn’t just young drivers who are prone to binge drinking.

According to the National Highway Traffic Safety Administration, the number of female drunk drivers is becoming a national safety issue. From 1998 – 2007, there has been a 28.8% increase in the number of women arrested for DUI. Currently, impaired women drivers are involved in about 2,000 US traffic deaths each year. In this state, however, between 2008 and 2007 there was a decline in the number of impaired women involved in deadly Massachusetts motor vehicle accidents.

August 25, 2009

Coroner Rules Michael Jackson’s Death a Homicide While The King of Pop’s Mother Considers Filing Wrongful Death Lawsuit

by Altman & Altman

The Associated Press says that a law enforcement officer has told them that the Los Angeles Coroner’s office has determined that Michael’s Jackson’s death was a homicide caused by a combination of drugs. By calling the singer’s death a homicide, this means that the pop star died as a result of another person. However, this doesn’t necessarily mean that the person committed a crime.

Results from forensic tests determined that propofol, a powerful anesthetic, and at least two sedatives, were in Jackson’s body when he suffered a fatal cardiac arrest on June 25. Dr. Conrad Murray, a cardiologist who was the singer’s personal physician in the weeks leading up to his death on June 25, administered the drugs to him.

Murray has been under investigation for manslaughter related to Jackson’s death. According to a search warrant affidavit that was unsealed yesterday, Murray had been giving Jackson 50 milligrams of propofol every night using an intravenous drip to treat his insomnia. He was worried, however, that Jackson was becoming addicted to the drug and had tried lowering his dosage to 25 milligrams while also giving him midazolam and lorazepam.

Early on June 25, Murray administered Valium to Jackson before giving him lorazepam and midazolam twice. The drugs didn’t work and Jackson demanded propofol, which finally helped him go to sleep. Soon after, the singer stopped breathing.

This latest news, which has not been officially confirmed, comes amidst reports that Michael’s mother, Katherine Jackson, is thinking about filing a wrongful death lawsuit. Murray and concert promoter AEG Live are two possible defendants. Jackson was preparing for a tour at the time of his death. There also may have been other doctors who enabled Jackson’s drug addiction.

Wrongful Death
A person or entity can be held liable for wrongful death even if the intention to inflict death did not exist and the person’s death was an accident. The surviving family members may still be able to pursue recovery for wrongful death if there is evidence to prove that the defendant’s negligence, recklessness, or carelessness contributed to the death.

Coroner Attributes Michael Jackson’s Death to Sedative, The Washington Post, August 25, 2009
Michael Jackson’s mother considering wrongful death lawsuit!, Justice News Flash, August 20, 2009

Related Web Resources:
Propofol, Drugs.com
Michael Jackson is Dead, Los Angeles Times, June 25, 2009 Continue reading

August 21, 2009

Marshfield Man Dies in Massachusetts Bicycle Accident

by Altman & Altman

A Marshfield man died on Wednesday morning when he was injured in a Massachusetts bicycle accident near Green Harbor Marina. The collision happened around 10:30 am when a woman driving a sedan hit him. The bicyclist, who was in his late 60’s, was not wearing a helmet.

According to Marshfield police, the bicyclist sustained massive head injuries. Cliff Woodward, a retired firefighter who worked at a nearby shop, said that the bicyclist was on the road and bleeding from the mouth and head. Police are investigating the Marshfield bicycle crash.

Bicycle Accidents
If you were injured in a Boston bicycle accident, a Cambridge bicycle crash, or a bicycle collision in another Massachusetts city, you may be entitled to receive personal injury compensation from a negligent driver or another responsible party.

Bicycle collisions can lead to serious injuries for a bicyclist, who, at the most, will likely only have a helmet and protective clothing to cushion the impact of colliding with a truck, a bus, a motorcycle, or a car.

Common Causes of Boston Bicycle Accidents:

• Driver error or negligence • Bicyclist error • Drunk driving • Poorly designed roads
Earlier this month, a 10-year-old Worcester bicyclist died when he was injured in a traffic crash involving a pickup truck. Police say the truck driver unsuccessfully tried to avoid the boy, who was coming down a driveway.

The boy, Jovannie Melendez, was bleeding heavily when emergency responders arrived at the accident scene to perform CPR.

On August 1, a 21-year-old bicyclist sustained life-threatening injuries in a Jamaica Plain traffic accident. The driver was turning onto Lamartine Street late at night when he says he felt and heard something hit the passenger side of his vehicle. He says he got out of the vehicle and saw there was an unconscious bicyclist on the ground.

With more people riding bicycles on Massachusetts roads in an attempt to be more environmentally conscious and/or save money, it is important that riders and drivers remember that they share the roads with one another.

Marshfield bicyclist killed in accident, Boston.com, August 19, 2009
10-Year-Old Killed Riding Bicycle Identified, The Boston Channel, August 2, 2009
Bicyclist injured in Jamaica Plain accident, Boston.com, August 1, 2009 Continue reading

August 19, 2009

Quincy Nursing Home Abuse Allegations: Massachusetts Nursing Assistant Accused of Assaulting Alzheimer’s Patients

by Altman & Altman

A 23-year-old Quincy nursing assistant is under house arrest for allegedly beating four Alzheimer’s patients. On Friday, Kara A. Murphy pleaded not guilty to seven counts of assault and battery on a person over 60.

The alleged Quincy nursing home abuse incident reportedly occurred at the Atrium at Faxon Woods where Murphy worked. On August 8, she allegedly abused four elderly women and the nursing home facility has since fired her. A background check was reportedly conducted on Murphy prior to her hiring.

In one Quincy nursing home abuse incident, Murphy is accused of throwing a 92-year-old woman onto a wheelchair and slapping her on the forehead. In another alleged nursing home abuse attack, Murphy is accused of grabbing an 89-year-old woman by the jaw while she was having a bowel movement and making her sit on a toilet. Murphy is also accused of sitting on the lap of a 96-year-old woman and bouncing around on her lap. She also allegedly hit a 79-year-old resident on the shoulder after the patient struck her first.

August 17, 2009

At the Risk of Causing Boston Injury Accidents, Many Cab Drivers Still Talk on Cell Phones While Driving Despite Ban

by Altman & Altman

Even though Boston cab drivers are now banned from using a cell phone while driving, the Boston Herald is reporting that many cabbies are either ignoring the rule or just don’t know about it-or so they say. This behavior is dangerous and can cause Boston injury accidents.

One cab driver, Mohamad Moharam, told the Boston newspaper that he wasn’t aware that talking on a cell phone while operating a taxi was now illegal. He also says that police officers have not been cracking down on him or other cabbies when they’ve been spotted talking on their cellular phones.

Hackney Capt. Robert Ciccolo says he doesn’t believe that many Boston cab drivers are ignorant of the new rule as they say they have been. He does, however, acknowledge that it can be hard to tell whether a taxi driver is using a Bluetooth device to avoid getting caught-cab drivers are now not allowed to use this device while driving either. It also doesn’t help that many taxi passengers don’t like it when police pull over their cab.

Since January 1, 2009, when the ban went into effect, 20 violations have been issued resulting in 28 suspension. 22 taxi customers have complained because their Boston cab drivers were talking on cell phones while driving.

Many taxi drivers are reportedly not happy with the ban. Talking on a cell phone while driving has been a way for some of them to relieve the monotony of having to sit behind the wheel of their cab for 12 hours at a time while allowing them to connect with family and friends. The New York Times reports that some cab drivers have said that because they are professional drivers, they believe that they are less likely to become distracted while driving than regular motorists.

Unfortunately, there are many cell phone-driving related crashes that have occurred, including Boston bus accidents, MBTA train collisions, commercial truck crashes, car accidents, motorcycle collisions, and pedestrian accidents, because a “professional” driver was talking on a cell phone or texting and failed to notice another vehicle that was stopped ahead or a green light that had just turned red.

When people talk on a cell phone or text while driving, this means that less than 100% of their attention is on the road. Engaging in distracted driving always increases the chances that the driver will become involved in or cause a Boston traffic crash.

Cabbies turn deaf ear to cell ban, Boston Herald, August 14, 2009
Cabbies Stay on Their Phones Despite Ban, NY Times, August 3, 2009

Related Web Resources:
Cell phones as dangerous as drunk driving, CNET
Boston Licensed Hackney Carriages, City of Boston Continue reading

August 13, 2009

Man Agrees to Clinton, Massachusetts Wrongful Death Settlement Over Wife’s Stabbing Murder at KFC-Taco Bell Site

by Altman & Altman

A Gardner man who lost his wife when she was murdered by a construction worker at the fast food chain where she was employed has reached a Massachusetts wrongful death settlement over the case. The plaintiff and the defendants arrived at an agreement on August 4, while the Worcester Superior Court jury was in its second day of jury deliberations over a possible verdict.

Thomas Miller’s wife Sherylann Miller was stabbed to death in December 2000 at a KFC-Taco Bell that was under construction in Clinton. She was the manager of the restaurant.

The man who was convicted of her murder, Quillie Merle Spray III, was a tile setter who worked at the site. He has been sentenced to life in prison for Sherylann’s stabbing death.

August 10, 2009

Randolph, Massachusetts Driver Who is Charged with Fatal Milton Car Accident Pleads Not Guilty

by Altman & Altman

In Quincy District Court, 29-year-old Eric Lum has pleaded innocent to a number of criminal charges over the Milton, Massachusetts car accident death of a 25-year-old special needs teacher. Lum is accused of driving the sport utility vehicle that crashed into Alison Regan’s car in a head-on crash on Route 28 right before midnight on Sunday. Police then say that Lum fled the auto accident site on foot.

Charges against Lum include motor vehicle homicide, larceny of a motor vehicle, operating under the influence of drugs resulting in death, possession of a Cllass A substance, and leaving the scene of a crash resulting in death. He was ordered held on $100,0000 bail.

Lum was driving with a suspended license on the night of the crash. According to prosecutors, he has an extensive criminal record, which includes seven probation violations, 15 defaults, six convictions for driving while his license was suspended, and two prior convictions for leaving a crash site.

August 6, 2009

Scaffold Malfunction Leaves Two Boston Window Washers Dangling 37 Floors

by Altman & Altman

In Boston, the lives of two window washers were left hanging 37 floors above a street in the Financial District when the scaffold they were standing on collapsed. Julio Ortiz and Kyle Redmond banged on the windows of the skyscraper they were working on, calling for help.

Firefighters broke the windows, working carefully to pull the two window washers back into the building. The two men managed to stay tethered to rigging connected to the roof while they stood on the now slanted platform.

Redmond was treated at Massachusetts General Hospital for non-life threatening injuries and later released from the emergency room. Ortiz did not sustain serious injuries.

The two window washers are employed by Harvard Maintenance Company.

Scaffolding Accidents
According to the Bureau of Labor Statistics’ Census of Fatal Occupational Injuries, 88 workers died in scaffolding accidents in 2007. 72% of the workers that got hurt in scaffold accidents say the work accident happened because the support or planking gave way or because the worker was hit by a falling object or slipped. These kinds of scaffold accidents are preventable.

Scaffolds are often used by window washers, construction workers, and others whose jobs require them to work from great heights outside buildings and other large structures. A scaffolding that collapses can result in fatal fall accidents, traumatic brain injuries, spinal cord injuries, and other catastrophic injuries.

Window washers, construction workers, and others injured in Boston work accidents are likely entitled to Massachusetts workers’ compensation benefits. They may also be able to sue a negligent third party for personal injury or wrongful death. For example, if a scaffold collapsed because it was defective or malfunction and its manufacturer could have prevented the accident from happening, then the injured party may have grounds for a Boston products liability lawsuit.

A lurch and a lifeline 37 floors up, Boston.com, August 6, 2009
Window washers rescued from 37-story plunge as platform collapses, Boston Herald, August 6, 2009
Scaffolding, US Dept. of Labor

Related Web Resources:
High Risk: Despite Regulations, Scaffold Accidents Continue, Safety.com
OSHA
Continue reading

August 5, 2009

Deadly LA Fitness Shooting Leaves 4 People Dead and Injures 10

by Altman & Altman

Four people are dead after a lone gunman entered an LA Fitness gym in Pittsburgh, Pennsylvania on Tuesday night, shut off the lights in an aerobics room, and began shooting at patrons. He then killed himself.

Three women died in the shooting and at least 10 others were injured from the 50 rounds that he fired. According to police, the man, who a law enforcement source identified as 48-year-old George Sodini, didn’t say anything before he began shooting at people. Sodini was a gym member.

In a note found in Sodini’s gym back, the source says that the shooter talked about how he hated women.

One hospital admitted at least 5 shooting victims. A spokesperson for the hospital says the patients arrived at the hospital in critical condition.

The gunman maintained a blog prior to his death. He used the online diary to talk about his anger at being rejected by women, his desire to have a partner, and his loneliness. He lists his death as August 4, 2009. He refers to the murders as his “exit plan” and appears to have been plotting to execute his strategy for about a year.

Personal Injury and Wrongful Death Lawsuits Stemming from Violent Crimes
If you or someone you love was hurt because of a violent crime, there may be grounds for filing a personal injury or wrongful death complaint, such as:

Premises liability: Did inadequate security on the premise allow for the violent crime to happen?
Nursing Home negligence or abuse: Did a nursing home worker or a resident commit the crime and could the assisted living facility have acted to prevent the crime from happening? Did the facility neglect to perform a background check on the person that committed the crime?

Even if the property owner, company owner, event organizer, or another party did not have anything to do with committing the violent crime (but they could have or should have acted to prevent a crime from happen), you may be able to hold them liable for the harm that you and your love one have suffered. You also may be able to pursue financially recovery from the person that actually committed the violent.

Four dead, including gunman, in gym shooting, CNN.com, August 5, 2009
At least four dead in W. Pa. gym shooting, Philly.com, August 4, 2009 Continue reading