by

A pedestrian suffered a serious injury after being struck by a car in a hit-and-run accident.

Worcester police responded to a Summer Street residence after reports a man was struck by a small, white, foreign vehicle. Witnesses told police that the victim flew onto the hood of the vehicle before rolling off, and falling to the pavement. The victim is reportedly in good condition and recovering at a local hospital with non-life threatening injuries.

Unfortunately, pedestrian traffic accidents account for more than 13% of all traffic-related fatalities and 3% of all personal injuries caused by motor vehicle accidents. According to the National Highway Traffic Safety Administration (NHTSA) a pedestrian is injured every eight minutes and one pedestrian dies every two hours as the result of a traffic accident in the United States. Approximately 20% of all pedestrian car accidents according to the NHTSA, are also hit-and-run accidents. While we do not have much information about this particular incident, what can be assumed is that this young lady was walking during the early morning hours; at a time where there was minimal daylight.

In order to prevent an accident and keep themselves visible to motorists, pedestrians should always:
-Wear bright or reflective clothing and carry a flashlight when walking during the early hours of the morning, at dusk, or at night.
-Walk on sidewalks (whenever possible) and walk against the traffic when there are no sidewalks.
-Cross at designated crosswalks whenever possible.

In addition, drivers can prevent pedestrian accidents by:
-Yielding to the right-of-way to pedestrians crossing streets in marked or unmarked crosswalks. 
-Yielding to pedestrians while turning at intersections or onto another street.
-Being vigilant and aware of pedestrians walking at night, when it is dark out.
-Slowing near major crosswalks.
Continue reading

by

A woman died in East Boston on Tuesday when the Meridian Street Bridge, also referred to as the Andrew McArdle Bridge, closed on top of her. Boston police are trying to figure out exactly what happened to cause the Massachusetts pedestrian accident.

Aura Garcia was crossing the bridge when it started to open. According to WCVB, the bridge operator did not appear to know that the 46-year-old pedestrian was there and started to raise the structure for a boat traveling on the Chelsea River. When Garcia, who grabbed one of the bridge’s sides, started to scream, the operator lowered it but she then got trapped between the plates and was crushed to death.

The bridge operator has since been put on leave pending the results of an investigation. It is not known right now whether operator error was the cause of the tragic accident or whether Garcia disregarded the alarms or warning lights. Bridge malfunction could also be a factor.

Continue reading

by

A young boy was seriously injured after being struck by a tree, in a relative’s backyard last week.

According to witness reports, a group of adults and children were hooking a zipline to a tree in a back yard. When the boy went on the zipline, the 25-30 foot tree it was hooked to fell on him. The boy was seriously injured, and taken to Children’s Hospital of Boston. The situation remains under investigation by local and state officials.

Unfortunately, this incident illustrates a potential premises liability case. Though this type of incident specifically is uncommon, some common types of injuries that occur at others’ homes or on another’s property may include slip-and-fall incidents, falls (from an open window), as well as strikes from loose objects. In this case, the homeowners had the legal obligation to ensure that their guests were safe from dangerous situations.

Premises liability cases tend to be complex, and it is most advised for those who have been involved in these types of incidents to contact an experienced Premises Liability Attorney to discuss their options and eligibility for filing a premises liability lawsuit.
Continue reading

by

A court has ruled that Jai McMath, the 13-year-old girl who was declared brain dead following complications from a tonsillectomy, can stay hooked up to a ventilator for at least another week. The decision was issued right before the 8pm, ET deadline Monday for when Children’s Hospital & Research Center would have been allowed to remove her from the machines that are keeping her alive. The tragedy could be reason for the family to pursue a medical malpractice case.

McMath, who had her tonsils, extra sinus tissue, and adenoids removed at the California hospital earlier this month, had been alert and was even talking after the procedure, which doctors had recommended she undergo to treat her sleep apnea. Soon after, however, the teenager started to bleed excessively and experienced cardiac arrest. Medical professionals have officially declared her dead.

Now, however, McMath’s family is fighting to keep her alive in the event that she somehow recovers. Her mother says that when she talks to the young girl, her body responds to the sound of her voice.

Continue reading

by

Ursula Ward, the mother of the Dorchester man that ex-New England Patriots player Aaron Hernandez is charged with murdering, is suing the former pro athlete for Massachusetts wrongful death. She filed her complaint in Bristol Superior Court last week.

Ward’s son, Odin Lloyd, was found last summer close to Hernandez’s home in North Attleborogh. The 27-year-old had been shot multiple times in the face.

In the criminal case, prosecutors say Hernandez planned and executed the slaying. The 24-year-old has pleaded not guilty to the murder charge, as well as to related weapons charges. Two other men pleaded not guilty to being accessories to the killing.

Continue reading

by

With the cold weather come slippery conditions, and an increased risk for slip and fall accidents. Whether you are a homeowner, business owner, or are a visitor, it is important for you to understand ways to protect yourself, loved ones, as well as understand your rights in the event you are injured as the result of a slip and fall accident.

If you are a home or business owner, it is important for you to take crucial steps to prevent slip and fall incidents.

Recent precipitation mixed with frigid weather means ice and slippery walkways.

• Walkways, driveways, sidewalks, and other entryways should be cleared of snow as soon as possible, and salt should be put down to minimize the risk of ice and frozen surfaces.
• Lighting systems covering walkways or driveways should be checked to verify they are working properly. Deficient lighting makes it more difficult for individuals to see patches of snow and ice.
• Entrance steps and handrails need to be continuously inspected for damage.
• Interior walking surfaces, such as entrances, foyers, reception areas, hallways, and stairwells, are all areas common areas where serious slip and fall injuries can occur, and special attention should be paid to housekeeping in these areas.

Slip and fall incidents can result in painful and often serious injuries. Common types of injuries may include serious bruising, broken bones, spinal cord and back injuries, neck injuries, serious head injuries, or lacerations.
Continue reading

by

To resolve allegations that it purposely did not pay back Medicaid for prescription expenses, CVS’s Caremark will settle the pharmaceutical fraud case with the US and several state governments for $4.25M. The claims were originally brought via a whistleblower lawsuit.

The giant chain is accused of using “Quantum Leap,” a computer system, to disregard when a customer had a third-party payer that could cover a prescription. The processing platform allegedly canceled reimbursement claims turned in by Medicaid for individuals who had this “dual” eligilbity. As a result, Medicaid ended up paying for prescriptions that were the responsibility of other insurers.

Caremark LLC is a pharmacy benefit management (PBM) company that is run by CVS Caremark Corporation. It is the PBM for private health plans that insure individuals with prescription drug benefits under Medicaid and also private plans administered by Caremark.

Continue reading

by

As Christmas approaches, you might find yourself rushing to the nearest toy store to find the perfect gift for a child in your life. However, before you walk out of the store with your purchase, you want to make sure that the toy on the child’s wish list isn’t a hazard. Each year, thousands of children are treated at emergency rooms for injuries caused by toys. Hundreds of toys are also recalled every year because of safety issues. When you buy a toy for a child, you should pay special attention to what you are purchasing, including the recommended age and any warnings. Remember that young children are particularly at risk of asphyxiation caused by toys with small, detachable parts. Toys with easily accessible batteries or magnets are also choking hazards for young children. Plastic or glass toys that break easily can cause injuries as well. Flammable materials, toxic substances, and sharp edges are all examples of poor design that puts your child at risk. Adhere to the manufacturers’ warnings and instructions, and provide supervision when necessary. You can also check annual reports, such as “Trouble in Toyland”, for a list of toys that could be dangerous for children. Though you should do everything you can to ensure the child’s safety, ultimately, it is the product manufactures designers, distributors, and sellers who are responsible for the toy.

Under Massachusetts product liability laws, these parties have the duty of creating and distri buting safe products. They are also responsible for providing a warning of the toy’s dangers if any exist. Product liability laws cover three kinds of product defects: flawed product design, when a toy is improperly designed; manufacturing process error, when the toy is manufactured differently than it was designed; and marketing defect, when a toy does not have the proper instructions or warnings for its safe operation. Even when none of these defects apply, products liability law holds manufactures and sellers liable if a product is dangerous or defective enough to cause injury or death.
Continue reading

by

The U.S. Postal Service has stopped delivering mail to one New England town, citing an aggressive dog as the reason.

For more than one year, mail carriers have not delivered mail to a neighborhood in Concord, New Hampshire over concern that one of the neighborhood homeowner’s dogs is overly aggressive and poses a significant threat to postal workers. In three separate instances postal workers have been rushed and had to suspend delivery anywhere near the home out of concern that the dog will attack.

Neighbors have also complained that the dog is exceptionally aggressive and that they fear for their own safety, however there have not been reports that the dog has actually attacked and harmed any individuals.

While no one yet has been injured by this dog, the scary truth is that no one knows just what will set off a dog and cause it to attack. In many cases, dog attacks happen to unsuspecting individuals who have done nothing to provoke an attack. Under Massachusetts law, dog attacks are held strictly under liability law-meaning that the dog’s owner is fully responsible for the actions of his or her dog. If a dog attacks someone and causes injury, no matter how severe, then it is the owner (or the owner’s insurance carrier) who is responsible for payment of all medical bills, lost wages, and financial compensation for pain and suffering, and any other costs associated with the injury to the victim and/or his family.
Continue reading

by

Last week, many residents in the Boston area were excited to learn that the MBTA would be starting a yearlong trial of late night train service in the spring of 2014. The T’s current schedule has undergone scrutiny for many years, and many hope this will be the beginning of a permanent change. The move, which the Globe called “long over-due”, would benefit both those seeking to enjoy the city’s night life as well as workers with late night hours. However, extra hours mean that T passengers should take extra precautions to ensure their safety when traveling at night.

As always, you should remain aware of your surroundings and avoid isolated stops. Hold your belongings close to your body and don’t leave them unattended to avoid unnecessary security alerts. Train operators and the MBTA Transit Police are easily accessible via intercoms at the end of each train car. Avoid risks of physical injury by walking, not running, on the escalators, standing a safe distance from the yellow line, and not blocking closing train doors. When you take all necessary precautions to ensure your safety, the MBTA is responsible for the rest.
Continue reading

Contact Information
Cambridge, MA
Main Office
675 Massachusetts Avenue
Cambridge, MA 02139
Phone: 617.492.3000Fax: 617.491.3299Toll Free: 800.481.6199
Boston, MA
1 State St
Suite 2
Boston, MA 02109
Phone: 617.547.1205Toll Free: 800.481.6199
Needham, MA
250 First Avenue 2nd Floor
Needham, MA 02494
Phone: 781.675.2329Toll Free: 800.481.6199

Some Select Cases are referred to other attorneys for principal responsibility

By publishing this information on this Website, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2025, Altman & Altman LLP
JUSTIA Law Firm Blog Design