Massachusetts Personal Injury Blog

Crash Statistics Show No Improvement in Massachusetts Highway Death Rates, Little Improvement in Drunk Driving Death Rate
April 27, 2008

There are about 6.5 million residents of Massachusetts, and about 4.6 million drivers. The number of miles driven each year for the last three years has been in the range of roughly 55 million miles per year. And despite efforts to improve vehicle safety, enforce traffic laws, and improve highway design, death rates have dropped only slightly, primarily as a result of fewer pedestrian accidents.

Here is a summary of some of the statistics. The statistics for 2007 are not yet available.

 Statistics for the same period are not completely available concerning disabling injuries. However, for 2004 and 2005 the Executive Office of Public Safety and Security reports over 5,000 people suffered incapacitating injuries from some sort of motor vehicle crash. In the same two years, 138,465 and 158,802 motor vehicle crashes were reported.

Drunk driving continues to play a major role in fatal car accidents, though the last three years have seen a slight drop in the role of alcohol in fatal accidents.

These data include not just deaths to the drunk drivers, but to passengers, other motorists, pedestrians and bicyclists. It also includes deaths related to alcohol consumed by pedestrians and bicyclists.

In addition to the wrongful deaths of so many individuals caused by drunk drivers, there are also thousands of personal injuries caused by drunk driving accidents.

If you or a loved one has suffered personal injury or if a loved one has suffered wrongful death as a result of a drunk driving accident or other motor vehicle accident, please contact the lawyers at Breakstone, White & Gluck today for a free consultation. Our toll free number is 800-379-1244.
 

More Information:
Massachusetts Drunk Driving Statistics
Center for Disease Control and Prevention Injury Center-Impaired Driving
 

Nail Guns Causing More Construction Site Injuries and Wrongful Deaths
April 13, 2008

Improperly designed nail guns and negligently operated nail guns are leading to more and more accidents, injuries, and sometimes deaths among construction workers and consumers. Almost 40,000 people are treated each year in emergency rooms around the country for injuries, at a cost of hundreds of millions of dollars. That translates to over 100 injuries each day, and almost two-thirds of those injuries were construction site accidents.

A major problem lies in the design of tools. Many of the nail guns fire the nails in two different modes, known as contact trip (or bump-firing) mode and sequential firing mode. Contact-trip mode allows the gun to fire automatically when it makes contact with a surface, allowing the gun to shoot up to thirty nails a minute at a velocity of 490 feet per second. The gun does not know if it is touching the building or a person, so if a worker bumps into the wrong end of the gun inadvertently, the gun may fire a nail into his or her body.

Injuries are not limited to the people using the guns. In addition to the defective design, injuries can occur from the negligent operation of the nail guns. Bystanders can be hit by ricocheted nails, nails can travel off construction sites hitting people walking or driving by, and in one Massachusetts case, a man getting a haircut was paralyzed by a nail fired from a gun being used in the renovations of an adjacent property.

With so many injuries as well as a number of wrongful death claims, calls are increasing to make the nail guns safer. Rather than allowing manufacturers to sell the contact trip or equally unsafe trigger fire modes, safety advocates are urging that the industry be required to manufacture sequential firing modes. This mode requires the gun first to be in contact with the material, then is fired by the pull of the trigger. The two steps, in sequence, prevent inadvertent and accidental firings. The American National Standards Institute (ANSI) recommended in May, 2003 that “manufacturers install sequential-trip triggers on certain types of nail guns before distribution,” but unfortunately this is only a voluntary standard. Proper training of workers can also reduce the number of accidents caused by negligence.

Many wrongful deaths from the nail guns working in contact trip mode have been reported. Common wrongful death injuries are to the brain, the heart, or other internal organs. Other serious injuries include eye injuries and broken bones.

What Should You Do If You Suffer a Nail Gun Injury?

It is vital that you preserve all of the evidence relating to the injury as carefully as possible. In particular, this means you should not adjust or take apart the nail gun or any attachments. The evidence should be locked away securely so the product liability case can be properly investigated.

You should also contact an experienced product liability and construction site lawyer immediately. Do not answer questions from investigators, and do not allow insurance representatives or manufacturers' representatives to inspect or take possession of any evidence. It is critical for you to preserve your rights by being represented by the best attorneys at all times.

Please call us if you have any questions. The  lawyers at Breakstone, White & Gluck have decades of experience with product liability and construction site accidents, and are prepared to get the best results if you or a loved one has suffered a nail gun accident or wrongful death.

Other Resources
Nail gun injuries under fire as injuries soar, Sacramento Bee, 4/13/08
Decades of research and calls for more nail gun safety, Sacramento Bee
Nail Gun Injuries are Increasing, Revolution Health Orthopedic Blog, 6/5/07

Serious MBTA Commuter Rail Accident on Stoughton Line Injures 150 Passengers
March 26, 2008

UPDATE (4/18/08): The MBTA has filed suit against CSX Transportation and Cohenno lumber company of Stoughton, Massachusetts. The suit alleges that the runaway freight car did not have its hand brakes set, that chocks were not in place, that lumber yard were moving the car improperly, and that the derailing devices were not properly used on the tracks. As a result, the fully loaded freight car, weighing approximately 112 tons, left the yard and traveled approximately three miles before striking the commuter train with hundreds aboard. The accident injured around 150 passengers.

The MBTA claims that the crash as cost it over $1 million in property damage and overtime expenses. Passengers who suffered personal injuries are not part of this case.

MORE: Boston Globe April 18, 2008

ORIGINAL BLOG: It looks like an alert train engineer acted quickly and helped reduce what could have been an even more serious accident on the MBTA Stoughton commuter rail line on March 25th. According to news reports, the evening commuter train was outbound from Boston with approximately 600 passengers. A track signal warned that a car was on the tracks ahead, and the engineer was able to stop the train. However, he was not able to avoid the collision with the runaway freight car which hit the engine head-on.

At least 150 people were injured in the train accident. It has been reported that the injuries were not serious, except for the engineer. Standing passengers were thrown to the floor. Cuts from head injuries were common, people suffered broken noses, facial cuts, twisted ankles, neck injuries, and back injuries. Passengers were dazed from the impact. Area ambulance crews and local emergency rooms were overwhelmed.

The cause of the accident appears to be a runaway freight car loaded with lumber. News reports indicate that the freight car was parked at a lumber yard. It apparently rolled from the yard, and had sufficient momentum to roll for miles down the track before colliding with the train.

The cause of the accident is under investigation, but this much is known. When a freight car is left at a customer yard on a track spur or siding, it needs to be parked and secured properly. Three things are required: the hand brakes must be set, the wheels must be block (or "chocked"), and a derailing device must be placed to prevent the car from leaving the yard. Somehow, despite these safety requirements, the heavy freight car did enter the main train line and cause the crash.

If the MBTA commuter rail train had not stopped before the crash, the accident would have been much more severe. As it was, the commuters reported that it felt like the train had "hit a wall."

News Stories
Freight car rams commuter train, injuring 150, Boston Globe, March 26, 2008
Scores injured in Canton commuter rail crash, Boston Herald, March 26, 2006

If you need a lawyer to handle your MBTA train accident case, please contact us toll free at 1-800-379-1244, or use the contact form on this page. The lawyers at Breakstone, White & Gluck have decades of experience in handling passenger accident cases. For more information on choosing a train accident attorney, visit our page on Personal Injuries Caused by Train Accidents.
 

Several Recent Truck Accidents in Massachusetts
March 21, 2008

A series of tractor-trailer accidents in Massachusetts reminds us of just how serious truck accidents can be. The latest, on March 20th, caused injuries to the driver himself and another motorist. For thousands of others it was traffic-snarling nightmare, when the tractor-trailer carrying paint flipped on the Mass Turnpike during the morning commute. Rush hour traffic was backed up for ten miles.

Other recent crashes have been much more serious. On March 17th, a college student was killed when he was struck while crossing the street in a crosswalk in Cambridge after he was hit by a tractor-trailer. News reports indicate that the truck was operated by Shaws supermarkets. In Massachusetts, under G.L. c.89, Sec. 11, pedestrians have the right of way when crossing in a crosswalk.

The most spectacular crash, thankfully one that only caused property damage and not injury, occurred in Everett in the early morning hours of December 6, 2007, when a loaded fuel tanker rolled over in a rotary. The contents spilled and ignited, then flowed down the street setting cars and homes on fires. Dozens of cars were destroyed, along with several buildings. Thirteen families were left homeless, and a hundred elderly residents were evacuated from their homes. The area "looked like a war zone."

Defensive driving techniques are one way you can help avoid injury to yourself. A common winter hazard is the collection of ice and snow on the top trucks traveling on the highways. These accumulations can become missiles when they lift off at high speeds, easily crashing through windshields causing serious physical injuries and head injuries. Report any such violations to the police. Watch out for loads that might shift or which are loose, and do not follow loaded trucks closely. Remember, trucks have large turning and long stopping distances, and can weigh over fifty tons.

For more information, visit the Federal Motor Carrier Safety Administration safety website.

If you need a lawyer to handle your truck accident case, please contact us toll free at 1-800-379-1244, or use the contact form on this page. For more information on choosing a truck accident attorney, visit our page on Personal Injuries Caused by Trucking Accidents.

Understanding and Buying Car Accident Insurance
March 10, 2008

Car insurance is in the news again, this time because savings will be offered by some insurance companies under the so-called "managed competition." This means that the car insurance companies will offer a variety of packages, some with different benefits, some with special discounts.

The most common type of accident you are likely to have is a car accident. Because car accidents are so common, Massachusetts has a mandatory automobile insurance law. While the law requires you to carry certain levels of insurance, you can protect yourself even better if you understand some basic information about your policy.

Your insurance policy has compulsory coverage and optional coverage.

Compulsory Coverage	Compulsory Limits
Bodily Injury to Others	$20,000 per person, $40,000 per accident
Personal Injury Protection	$8,000 for medical bills and lost wages
Bodily Injury from an Uninsured Driver	$20,000 per person, $40,000 per accident
Damage to Another Person's Property	$5,000

The compulsory coverages for your car insurance give you very little protection. You should buy more car insurance if you can afford it.
 

Optional Coverage	More Information
Bodily Injury	You can buy up to $500,000 per person/per accident. This protects you from claims against your personal property if you cause a serious accident.
Uninsured Auto	You can buy up to $500,000 per person/per accident to protect yourself, your family members, or people in your car if the person who causes the accident does not have any insurance
Property Damage	$5,000 is not enough to protect you if you cause an accident. Consider buying more if you can afford it
Underinsured Coverage	Similar to uninsured coverage, you can buy up to $500,000 per person/per accident to protect yourself, your family members, and occupants in your car if the responsible driver does not have enough insurance coverage (and often they do not!)
Medical Payments	This coverage adds to your PIP coverage by covering medical expenses that are not covered by other auto insurance or your health insurance. For a few dollars you can get an extra $10,000 in coverage for yourself and family members.
Collision Comprehensive	This is the coverage for your car it if is damaged.  If you choose a high deductible you will save money on this expensive coverage. Your deductible will be waived if you have an accident that is not your fault

Important! Make sure you have the same limits for your optional bodily injury, uninsured and underinsured coverages. Protect yourself!

Your homeowner's insurance company can also offer you umbrella insurance coverage. You need to have high limits on your car insurance policy. The homeowner's policy will give you $1,000,000 or more in coverage on top of the car insurance policy. This protects you, your family, and your assets in the case of a serious accident or wrongful death claim.

When picking your car insurance company, look for discounts that apply to you. Perhaps you drive very little, are over 65, take public transportation, or do not have inexperienced drivers (typically kids under 25) in your home. If you have several vehicles, you should get a multi-car discount. Take time to compare what various companies are offering before you buy.

More information:
Massachusetts Department of Insurance Auto Insurance Comparisons
You Can Lower Your Premiums with Discounts, Boston Globe, March 9, 2008

What Should You Do If You Have A Car Accident?

The lawyers at Breakstone, White & Gluck, PC have decades of years of experience helping car accident victims with car insurance claims and lawsuits. If you have had a car accident, it is essential that you contact your insurance company promptly to begin the claims process--this protects you. And it is essential that you contact a qualified car accident lawyer--a lawyer who understand car accident insurance--so you can get compensation for your injuries or in the case of wrongful death.

Visit our Case Reports pages to learn about some of our many victories in car accident cases.  Our Choosing A Lawyer FAQS page will answer many questions you may have about choosing the right lawyer and how your case will be handled.