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The month of May is Motorcycle Safety Awareness month in the United States. This is a time to remind Boston motorcyclists and motor vehicle riders that they share the roads with each other and that both groups are responsible for taking the necessary precautions to prevent Massachusetts motorcycle accidents from happening.

There are about 180,000 people licensed to ride motorcycles in Massachusetts. Last year, there were 36 motorcycle deaths in the state. While drivers of cars, trucks, and buses have their gripes against riders, accusing them of speeding and not taking the necessary safety precautions to prevent motorcycle accidents from happening, motorcyclists have expressed their own frustrations, including the sentiment that they don’t think other drivers treat them like they would other motorists, with the same driving privileges and rights.

Massachusetts motorcycle accidents can lead to serious injuries for the motorcyclist, who is always at a disadvantage whenever he or she is in a traffic collision-whether alone or with another motor vehicle. One reason for this is that a rider has nothing but protective clothing and gear to cushion the impact of being in a catastrophic motorcycle crash. This is a good time to contact an experienced Boston motorcycle accident law firm to explore your legal options about obtaining financial recovery from all negligent parties.

Motorcycle Safety Awareness Month
Regardless of who may be at fault and why, Motorcycle Safety Awareness Month is a time to remind both motorcyclists and motor vehicle drivers that they “Share the Road.” The National Highway Traffic Safety Administration offers the following reminders for preventing motorcycle accidents. The suggestions are intended to keep motorcyclists and other drivers safe while preventing motor vehicle crashes:

• Motorcyclists and motor vehicle drivers have the same driving rights and privileges.
• Drivers: Remember that motorcycles are not as easy to spot as their larger motor vehicle counterparts, so be on the lookout for them and remember that it is harder to gauge how far away they are or how fast they may be approaching. Check your blind spots.

• Motorcyclists: Make yourself as visible as possible. Wear protective clothing and stay out of other drivers’ blind spots.
• Give each other the full lane width. Don’t try to share this space with each other.
• Signal to indicate any lane changes or merging.
• Drivers: Give motorcycles the extra room they may need to maneuver potential road hazards, such as potholes, wet surfaces, gravel, and grooved pavements.
• Motorcyclists: Give yourself the space you need to ride safely.

New Advancement In Motorcycle Safety, CBS 3, May 7, 2009
NHTSA

Related Web Resources:
Massachusetts Rider Education Program, RMV
Motorcycle Safety Foundation
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In Massachusetts, the family of Timothy DiLeo will receive $600,000 for his wrongful death from the city of Methuen. DiLeo died on Labor Day 2007 at Tenney Grammar School after a 1,600-pound iron gate fell on top of him. He was 11.

Two of DiLeos brothers and another boy were playing at the school when the gate fell on Timothy and his 8-year-old brother Andrew. Lifting the gate off the two boys required the strength of several men, including police officers and the boys’ father. Andrew, who survived the Massachusetts premises liability accident, sustained serious injuries. Brandon LaPorte, then 13, sustained minor leg injuries.

In September 2007, Essex County prosecutors ruled the tragic incident an accident and no criminal charges were filed. However, the city of Methuen has acknowledged liability for the Massachusetts wrongful death because it left the gate unhinged and unsecured in an area where children had access. The settlement figure is the maximum amount that the DiLeos can seek under Massachusetts law.

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A Quincy couple is suing Brigham and Women’s Hospital for Massachusetts personal injury, including negligence, emotional injury, and breach of contract. The hospital had accidentally destroyed all 13 frozen embryos that the plaintiffs, Julie and Michael Norton, had placed in their care. Now, the Nortons are seeking $5 million in personal injury damages.

Julie, now 37, and Michael, now 35, decided to freeze the embryos in 2001 after Julie was diagnosed with Stage III rectal/colon cancer, which is an advanced form of cancer. They were worried that her cancer treatment would make it hard for her to get pregnant later.

The embryos were supposed to be implanted in Julie when she was well enough. In 2004, doctors determined that the cancer treatment had damaged her uterus too much for her to be able to carry embryos to full term. In 2006, assisted reproductive technologies director Dr. Elizabeth Ginsburg wrote the couple to let them know that their consent that the hospital store the embryos expired in 2004.

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According to the Boston Globe, a recent study reveals that patients seeking nonurgent appointments with Boston medical specialists may have to wait anywhere from an average of 50 days to up to a year before they can actually see the doctor. While delays to see some of the area’s top medical professionals are not uncommon, doctors say a 2006 health insurance law that required hundreds of thousands of people to get insurance coverage has only added to the long wait.

Consulting and physician recruiting firm Merritt, Hawkins & Associates conducted the study, which surveyed 1,162 doctors’ office in 15 metropolitan areas. According to the findings, new patients wanting to schedule a non-emergency visit with an orthopedic surgeon, a dermatologist, a family practitioner, a cardiologist, or a gynecologist/obstetrician had to schedule their visit at least three weeks in advance of the actual visit or longer.

Reasons for nonurgent visits that required this type of wait time included gynecological visits, complete physicals, and appointments to check for skin cancer. The survey failed to report whether the appointment delays affected patients’ health or chances of recovery. Regardless, there are some important facts you need to know about what can happen when a patient’s diagnosis is delayed.

Delayed Diagnosis
While many patients may have health issues that are non-life threatening or conditions that are mild or minor enough that delayed diagnosis and treatment won’t affect their health or the outcome of their medical cases, immediate detection and diagnosis can make a huge difference for some people.

Delayed diagnosis can not only affect a sick person’s prognosis, but it can alter the kinds of treatment required. If a person is at the beginning stages of a heart condition, any type of cancer, diabetes, or another kind of disease, then invasive, painful, and costly procedures (such as surgery, the removal of a breast or another body part, or intense chemotherapy) may be avoided if treatment is begun early enough.

Wrong diagnosis and delayed diagnosis are two common grounds for filing Boston medical malpractice lawsuits against medical specialists and other physicians that failed to diagnose or treat the patient in a timely manner.

Waits to see Hub doctors grow longer, Boston.com, May 15, 2009
Related Web Resources:
Merritt Hawkins and Associates

Wrong Diagnosis
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The Daily News Tribune says that during the time it takes to compose and send a simple text message while driving (requiring the driver to take his or her eyes off the road), a motor vehicle will likely have traveled the length of a football field-enough time and distance for at least one motor vehicle crash to occur.

On Friday, a Boston Green Line MBTA train did more than that when its operator, who was sending a text message to his girlfriend, ran a red light, causing a multi-trolley crash and injuring at least 46 people. Three of the trolleys involved in the Boston train accident were totaled, and another trolley was damaged.

According to the MBTA, Quinn, an Attleboro resident, failed to step on the brakes soon enough. He will likely be fired and could face criminal charges. As an aside, his private driving record indicates that he was cited for speeding three times-in 2002 and 2007.

The MBTA prohibits its drivers from using their cell phones and similar devices in any capacity while driving. Yet this rule is often ignored. At least 9 MBTA trolley operators and bus drivers have been suspended for talking on cell phones or texting while on the job. Over the weekend, MBTA officials said its drivers are going to be banned from even carrying such devices while at work.

Texting While Driving
Text messaging while driving any kind of vehicle is considered dangerous, and some states have put laws in place to ban texting and/or talking on the cell phone while operating a motor vehicle. In Massachusetts, only school bus drivers are banned from talking on a cell phone while driving.

According to a 2006 National Highway Traffic Safety Administration study, driver distraction during the three seconds prior to a motor vehicle crash is the number one cause of 78% of auto crashes and near collisions. Dialing a cell phone, reading, and applying makeup are the three activities that appeared to increase the risk that a driver might be involved in a car crash by three times. Texting while driving has been cited as a reason that some fatal train accidents and deadly motor vehicle crashes have occurred over the past few years.

Not only does texting require that a driver not look at the road while composing or reading a text message, but he or she will likely have to take at least one hand off the steering wheel to hold or operate the cell phone or PDA device. In order to avoid causing a Boston train accident or a Massachusetts car crash, drivers must have both eyes on the road at all times, with both hands controlling the steering wheel and their mind focused on the task at hand-which is to drive safely.

Negligent driving by an MBTA trolley operator can be grounds for an MBTA train accident lawsuit.

Editorial: The dangers of texting while driving, The Daily News, May 12, 2009
City man driver in T crash, The Sun Chronicle, May 12, 2009
Related Web Resources:
T crash puts spotlight on hiring criteria, Boston.com, May 12, 2009
Cell Phone Driving Laws, GHSA
MBTA
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The Insurance Institute for Highway Safety recently announced the results of three front-to-front crash tests it conducted. A microcar or minicar and a midsize model from the same auto maker were used for each test. IIHS president Adrian Lund says that while there are undoubtedly benefits to buying the smaller cars, including the facts that they cost less and don’t use up as much gas, these latest tests show that people may be sacrificing occupant safety for financial savings.

The IIHS tested 2009 models against each other: The Honda Fit against the Honda Accord, the Mercedes C against the Smart Fortwo, and The Toyota Camry against the Yaris. During all three tests the laws of physics won out. While the smaller cars did well in IIHS frontal offset barrier tests, they performed poorly against the larger cars-which aren’t even considered large cars compared to luxury-sized cars, pickup trucks, SUV’s, and passenger vans.

In all three tests, the bigger and heavier autos performed better in terms of occupant safety. The dummies in the smaller, lighter autos tended to be at a disadvantage. The larger, heavier vehicle ended up pushing into the smaller, lighter auto, which means that if there had been people riding in the smaller cars, they would have experienced more force upon impact than if they had been occupants in the larger autos. The greater the force, the greater the risk of injury or death, which means the chances of injury goes up when someone rides in a microcar or a minicar.

This is confirmed by auto accident statistics, which reports that the fatality rate for occupants of minicars in multiple vehicle collisions in 2007 was nearly two times that of the fatality rate for people in very big cars. It also helps for occupants of larger cars that the larger size and weight of the vehicle will likely deform or move any object it hits.

It is important that auto manufacturers make cars that are safely designed and manufactured to minimize/prevent injuries or deaths. A car maker can be held liable for Massachusetts products liability or wrongful death if their defectively designed vehicle or a defective auto part within the motor vehicle causes personal injury or wrongful death.

New crash tests demonstrate the influence of vehicle size and weight on safety in crashes; results are relevant to fuel economy policies, Insurance Institute for Highway Information, April 14, 2009

Related Web Resources:
Car Size and Weight are Crucial (PDF)

NHTSA
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US District Judge William G. Young is ordering the US government to pay the families of Edward “Brian” Halloran and Michael Donahue nearly $8.5 million for their Massachusetts wrongful deaths. The surviving family members of two men who were shot to death in Boston in 1982 by FBI informant James “White” Bulger.

Issuing his ruling on Friday, Judge Young accused the government of negligence, self-interested hubris, inattention, and corruption and, as a result, of causing the two men’s murders. The court had already found the FBI responsible for the men’s deaths because of the way it had managed Bulger and informant Stephen “The Rifleman” Flemmi.

Donahan, a truck driver, was an innocent bystander who just happened to be there when Bulger and another person decided to shoot Halloran. Flemmi has admitted under oath that it was ex-FBI agent John J. Conolly Jr. who informed him and Bulger that Halloran, who was also working with the FBI, had implicated them in the 1981 slaying of a Tulsa businessman.

Judge Young awarded Donahue’s widow and three sons $6.4 million for his wrongful death. He awarded Halloran’s widow over $2 million.

The US government has not decided whether it will appeal the wrongful death awards. This is the second judgment issued against the US government to the family members of people that Bulger has murdered. In 2006, a judge awarded $3.1 million to the mother and brother of Quincy fisherman John McIntyre for his murder because the FBI once again mismanaged informants Flemmi and Bulger.

Families of ‘Whitey’ Bulger victims win nearly $8.5m in suit, Boston.com, May 1, 2009
Families awarded $8.5m in mob case, Boston.com, May 2, 2009

Related Web Resources:
James J Bulger, FBI.gov
Stephen ‘The Rifleman’ Flemmi, Boston.com
Suing the Government for Negligence: The Federal Tort Claims Act, NOLO.com Continue reading

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According to a report coauthored by the Western Massachusetts Coalition for Occupational Safety and Health and the Massachusetts AFL-CIO, 66 Massachusetts workers died last year while at work or because of illnesses they sustained while doing their jobs. Last year’s fatality figure is less than for 2008, when 80 Massachusetts workers died. Massachusetts Coalition for Occupational Safety and Health Executive Director Marcy Goldstein-Gelb says many of these fatalities could have been prevented if basic safety measures had been implemented rather than overlooked for profit.

Most Massachusetts worker deaths occurred in the construction industry. The 17 construction accident fatalities were a result of numerous causes, including fall accidents and machinery accidents. However, taxi drivers, firefighters, and fishermen were just some of the Massachusetts workers who died last year in work-related accidents.

Advocates are speaking out against the Occupational Safety and Health Administration for not doing enough to protect workers and inspect work sites. In 2008, OSHA fined Massachusetts companies about $9,939 for safety violations resulting in worker fatalities, which doesn’t give employers a lot of incentive to make sure that workers are kept safe. Work safety advocates also want more to be done to protect immigrant workers, who make up 24% of Massachusetts worker deaths, even though they only make up 17% of the state’s workforce.

Workers Memorial Day
Across the US, today is Workers Memorial Day, which is a day to remember workers that have died because they got injured or sick due to their jobs. Nationally, the AFL-CIO is reporting 5,657 worker fatalities in 2007 and over 4 million injuries or ailments-with 50,000 to 60,000 workers suffering from occupational diseases each year. It is important to note, however, that many work injuries and deaths may go unreported.

HR 2067, which has been introduced by US lawmakers, would implement tougher laws designed to protect workers and give them more rights when it comes to safety.
Also, fortunately, many workers who are injured or get sick on the job can avail of Massachusetts workers’ compensation benefits.

66 died on job in Mass. last year, Boston.com, April 28, 2009
Workers Memorial Day 2009 Materials Ready Now, AFL-CIO
Related Web Resources:
2009 Workers Memorial Day Celebration, Massachusetts Jobs with Justice
Western Massachusetts Coalition for Occupational Safety and Health

Massachusetts AFL-CIO
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In Massachusetts, the family of Charles F. Rondeau is considering filing a Massachusetts medical malpractice lawsuit for his wrongful death. Rondeau died on May 11, 2008.

UMass Memorial EMS paramedics arrived at his home after he complained that he wasn’t feeling well. The two paramedics walked him down three flights of stairs. He died three hours later from a massive heart attack.

Rondeau’s family filed a complaint asking why the 48-year-old, who had a history of heart disease and was having serious problems breathing and experiencing chest pains, was even made to walk down such steep steps. After conducting an investigation into the incident, Massachusett’s Department of Public Health made some disturbing discoveries.

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The vision of athletic girls dressed in short skirts, cheering, and performing acrobatic moves is a common sight at athletic events in schools and at professional sporting events throughout the US. Yet, cheerleading can be a dangerous activity, leading to serious personal injuries and wrongful deaths for some of its participants.

Last year, a Newton cheerleader died after performing at the Minuteman competition in Worcester. An autopsy determined lung collapse as Lauren Chang’s cause of death after a teammate who had been thrown in the air accidentally kicked the 20-year-old’s chest. At the time of the Massachusetts cheerleading accident, the emergency medical technician was away restocking her supplies.

Also in 2008, 14-year-old Haley Kozlowski sustained a serious head injury when she performed a double maneuver in the air, fell, and hit her head on the ground. Her mother, Kim, says she was the one who had to ask for an ambulance after she arrived at the cheerleading event some 20 minutes after her daughter got hurt. While Haley has learned to walk again, she missed months of school to recover. She still experiences pain, is more anxious, and struggles with school. Kim has filed a Massachusetts personal injury lawsuit on her daughter’s behalf.

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