Massachusetts Injury Lawyer Blog

The Massachusetts Supreme Judicial Court has ruled that non-patient claims for personal injury resulting from medical malpractice must first be presented to the Massachusetts medical malpractice tribunal.  The tribunal's job is to review medical malpractice personal injury claims and decide whether there was actual medical malpractice involved or if the injury was merely an unfortunate medical result.

The decision concerned a hospital worker who was killed when a heavily medicated woman lost control of her car and drove it into an entrance to the Brockton Hospital where the victim worked.  The victim's wife sued the doctors for her husband's wrongful death, alleging they had failed to warn the woman that it was dangerous to drive while on her medications.

Ordinarily, medical negligence cases may only be brought by a patient against his or her medical provider. However, third parties may bring claims against a provider if the provider failed to warn the patient of the effects of medication, and the patient then injured the third party. The exception is a narrow one.

The case clarifies pre-trial procedures in such third party cases, as it was unclear whether or not an injured non-patient was required to bring their medical malpractice claim before the tribunal.  However, with today's Massachusetts Supreme Judicial Court ruling, it is now clear that any person looking to bring a claim for personal injury resulting from medical malpractice must first present their claim to the medical malpractice tribunal, whether or not they were the patient.

The case was Vasa v. Compass Medical, P.C., SJC-10457, March 2, 2010.

Continue reading "Massachusetts Court Requires Medical Malpractice Tribunal in Third Party Claims" »

Toyota faced another round of bad news this week with the announcement today of a probe by the National Highway Traffic Safety Administration (NHTSA) into braking problems in the popular Prius hybrid model. NHTSA has received at least 124 complaints about momentary braking problems in the defective vehicles. As least four car crashes have been reported. The problems are apparently associated with speed bumps, potholes, and icy roads--three things Massachusetts drivers see plenty of. The investigation concerns the 2010 Prius model year.

The Prius investigation is the third in a string of product defect recalls which are tarnishing Toyota's reputation for safety and reliability. On top of that, it seems that Toyota has been less than forthright about the problems in its cars. According to CNN (February 4, 1010), "Toyota has known about brake problems in its popular Prius cars for some time, going so far as to fix it in new production vehicles, but has kept Prius drivers in the dark about the problem until the Japanese government called for an investigation."  And the sticking gas pedal was first blamed on floor mats, and then later extended to the mechanics of the pedal itself. The Federal government has now demanded that Toyota demonstrate that the problem isn't more serious, and that it does not include other parts of the throttle control systems. Defects relating to the gas pedals have been linked to several wrongful deaths.

U.S. Transportation Secretary Roy LaHood set off a brief panic on February 3rd when he said owners of the defective Toyotas should "stop driving them."  He later clarified his statement, saying instead that owners should have them repaired as quickly as possible.

NHTSA itself has been criticized for its slow response to consumer complaints about Toyota acceleration problems, some of which date back to 2003. According to Joan Claybrook, a former head of NHTSA, several investigations were opened, then closed based upon information provided by Toyota. According to NPR, she said, "I think as a result, some people have been killed and injured that wouldn't have otherwise." (NPR, Feb 4, 2010.) 

Consumer Alert

This week Toyota finally began shipping replacement parts to dealers for the gas pedal recall. Checks with some dealers in Massachusetts revealed that free rental vehicles are available. If the dealer does not have the part, it should still provide you with a free car should you choose to leave it at the dealer for repair. Many Massachusetts consumers are rightfully fearful that their car could be involved in a motor vehicle accident.

The same courtesy should apply to the defective Prius models, and consumers should feel free to demand that the dealer provide them with a safe, alternative vehicle until their cars are fixed.

Affected Vehicles 

Continue reading "Toyota's Headaches Continue--Massachusetts Prius Owners Should Be Aware of Defective Brakes" »

The Federal Government is taking a firm stand against the dangers caused by texting drivers. U.S. Transportation Secretary Ray LaHood announced Tuesday that, effective immediately, commercial bus and truck drivers are prohibited from texting while driving. Texting truck and bus drivers face civil or criminal penalties of up to $2,750. 

The goal of the new law is to reduce truck accidents and motor vehicle accidents caused by distracted driving.  According to the Federal Motor Carrier Safety Administration, drivers take their eyes off the road for an average of 4.6 seconds out of every six seconds while texting.  This means drivers who text are more than 20 times more likely to get in an accident than nondistracted drivers.

This is not the first move that the government has made to reduce the dangers of texting drivers.  Nineteen states have passed laws banning texting while driving.  President Obama has also signed an executive order requiring federal employees not to text while driving government-owned vehicles or with government-owned equipment. 

The attention on texting comes after several high profile accidents caused by texting motor vehicle operators.  In September 2008, a California commuter train engineer missed a stop signal while trading text messages with a friend, leading to a train accident resulting in the wrongful death of 25 people.  In May 2009, 62 people suffered personal injury after a Massachusetts Bay Transportation Authority trolley driver collided with another trolley while texting.

For more information about the dangers of distracted driving, see the Transportation Department's website www.distraction.gov.

Continue reading "New Law Against Texting Intended to Reduce Distracted Driving and Truck Accidents--Rule Should Improve Safety for Massachusetts Drivers" »

One of the leading causes of motor vehicle accidents for Massachusetts drivers may be the device in the driver's pocket.  A recent Harvard University study concluded that 2,600 wrongful deaths and 570,000 personal injuries are caused each year by cell phone distractions. According to a Virginia Tech study, drivers using cell phones are more impaired than a legally drunk driver.  Despite the known dangers of in-car electronics, car makers are taking driver distractions one step further with in-car "infotainment" systems.   

As recently unveiled at the 2010 Consumer Electronics Show, car makers and internet companies are teaming up to equip cars with interactive screens on the dashboard that display maps, videos, and internet sites.  Safety advocates are concerned about the risk of car accidents and pedestrian accidents caused by distracted drivers watching the screen instead of the road.  A recent New York Times article on these new systems discusses how the danger of crashing dramatically increases when a motorist looks at a screen, even a GPS screen. 

Car makers assure that safety mechanisms will be in place to minimize the risk of driver distractions, such as voice controls or blocking internet use when the car is in motion.  However, some safety advocates are questioning whether car manufacturers are placing profit concerns above safety. It only takes two seconds for the likelihood of a crash to increase exponentially.   

Continue reading "In-car Electronics Create Distractions and Impair Driving" »

Pedestrian accidents at crosswalks cause some of the most serious personal injuries, including spinal cord injury, and wrongful death.  In 2006, pedestrian accidents accounted for 14% of roadway fatalities in Massachusetts.  Public education campaigns and strict traffic laws have not prevented the death toll from climbing.  However, new technology may be the solution for preventing many pedestrian accidents.

Communities across the country, including some in Massachusetts, have started installing "in roadway warning light systems" or IRWLs, at dangerous crosswalks.  Flashing beacons are installed on the side of the road, in the crosswalk pavement, or in an overhead mast.  When a pedestrian activates the system, either by automatic detection or manually, lights flash outwards toward the approaching vehicle.  As an intentional design factor intended to prevent a feeling of false security, pedestrians cannot see the flashing lights.  Studies have shown these IRWL enhanced crosswalk systems are effective in reducing pedestrian accidents. 

Pedestrians can protect themselves further by being aware of whether they or motorists have the right-of-way.  Massachusetts laws and regulations set forth the rights-of-way of pedestrians and motorists where traffic control signals are not present.  Where a pedestrian is crossing at a crosswalk where no traffic control signals are in operation, Massachusetts law requires that motorists must yield to the pedestrian.  Pedestrians crossing at a point in a road that does not have a crosswalk must yield to the right-of-way of motorists.  Further, once they being to cross, pedestrians should continue to look in the direction of on-coming or turning traffic. Pedestrians should always face the on-coming traffic when walking or running in the road.

The Pedestrian and Bicycle Information Center has additional information on pedestrian and bicycle safety. 

Continue reading "New Technology Prevents Pedestrian Accidents and Saves Lives In Massachusetts" »

As if plummeting temperatures and shoveling aren't reason enough to dislike winter in Massachusetts, snowy and icy weather creates hazardous road conditions. Car accidents, truck accidents, and pedestrian accidents are more likely as slippery roads increase both the distance required to stop a vehicle and the chance of sliding.  Taking certain precautions against winter hazards can reduce drivers' and pedestrians' risk of personal injury or wrongful death.

First, try to avoid driving in bad winter conditions.  If driving is necessary, try to drive during daylight hours only, plan ahead to avoid rushing, and wait until snow removal crews have eased road conditions.  Check wiper blades and tires and make sure they are suited for winter driving conditions.  Also, if you are traveling far from home, equip vehicles with a winter emergency kit including blankets, food, water, matches, candles, flares, sand for traction, and jumper cables.

Seat belts can save lives but only if they are worn properly.  A properly fitting seat belt will fit tightly across the lap, snugly across the chest, and will cross at the shoulder.  A seat belt should never cross at the neck or back  Seat belts with lap restraints only are ineffective and should be avoided.  An improperly fitting belt can actually make personal injuries worse. Heavy jackets will intefere with proper seat belt operation and should be avoided or removed once the car is warmed up.

Pedestrians face special problems since sidewalks are not always plowed and it may be necessary to walk in the street. One should walk facing the traffic in order to be able to observe the approaching traffic--and to take evasive action if necessary. At night, lightly colored clothing is important. Motorists need to be especially aware of pedestrians and even bicyclists during the winter months. Massachusetts General Laws c. 89, Section 14 requires motorists to slow when approaching pedestrians or bicyclists, and to pass only when it is safe to do so.  

Finally, focus on safe and strategic driving.  Stay at least nine car lengths behind the vehicle ahead to allow plenty of room to stop.  Unless you have anti-lock brakes, If brakes begin a lock, ease off the brake.  Be aware that bridges and overpasses freeze before the road.  To regain control of a vehicle if rear wheels begin to skid, ease off the gas and steer in the direction the car should go.  If the car starts to go too far in one direction, keep steering opposite ways until the vehicle is under control.  If the front wheels are skidding, ease off the gas and let the vehicle slow down until traction is regained.  If stuck in the snow, do not hit the gas.  Try to remove snow and ice from around the wheels, and use sand for traction.  Some vehicles can also be "rocked" by alternating between drive and reverse, while gently pressing the gas.

For more information on winter safety, please see the following articles:

State Police Issue Winter Driving Safety Tips

Uncleared Sidewalks Imperil Pedestrians

Massachusetts Emergency Management Agency--Tips to Ensure Safe Winter Driving

Continue reading "Massachusetts Drivers Should Take Precautions Against Winter Hazards on the Roads" »

In late November, the US Consumer Product Safety Commission (CPSC) announced that Stork Craft Manufacturing was voluntarily recalling approximately 1.2 million cribs distributed in the United States and 968,000 distributed in Canada.  This recall comes in the wake of reports of several infant wrongful deaths.  Due to flaws in the cribs' drop-side plastic hardware, the drop-side can detach creating a space between the crib mattress and the drop-side.  As a result of this product defect, infants can become trapped in the space and suffocate. Where the drop-side detaches completely, infants run the risk of falling.

CPSC, Stork Craft, and Health Canada are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments, with four entrapments resulting in suffocation.  Included in these incidents are 20 falls from cribs with personal injuries ranging from concussion to bumps and bruises. 

This recall involves Stork Craft drop-side cribs distributed and manufactured between 1993 and 2009, and Stork Craft drop-side cribs with the Fisher-Price logo sold after 1998.  The recall does not involve cribs without a drop-side or with a non-plastic drop-side.  Major Massachusetts retailers sold these recalled cribs in stores, including BJ's Wholesale Club, J.C. Penney, Kmart, Sears, and Wal-Mart stores, and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com.

Massachusetts consumers should immediately stop using the recalled cribs, and contact Stork Craft for a free repair kit that converts the drop-side to a fixed-side.  Consumers should not attempt to fix the cribs without the repair kit and should find alternative and safe sleeping arrangements for infants until the crib is repaired.  For additional information, contact Stork Craft toll-free at (877) 274-0277 anytime to order the free repair kit, or log on to www.storkcraft.com. 

CPSC also provides several tips for general crib safety  Parents should not use any crib with missing, broken, or loose parts.  Hardware should be tightened from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop-side or any other moving part operates smoothly, and should always check all sides and corners of the crib for disengagement. Any disengagement can create a gap and entrap a child. In addition, do not try to repair any side of the crib, especially with tape, wire or rope.  Complete information is available at the CPSC website.

Continue reading "Defective Cribs Recalled Due to Risk of Infant Suffocation and Entrapment--Massachusetts Consumers Urged to Immediately Stop Using Affected Cribs " »

This week, the U.S. Product Safety Commission (CPSC) and the Window Covering Safety Council (WCSC) announced the recall of millions of Roman shades and roll-up blinds due to the risk of strangulation to young children from the defective products. Massachusetts consumers are urged to take immediate measures to eliminate the risks to young children.

Since 2006, the CPSC has received reports of 5 wrongful deaths and 16 near strangulations involving Roman shades and 3 wrongful deaths since 2001 in roll-up blinds. In the case of Roman shades, children may place their necks between the exposed cord and the fabric on the back of the shade, or they may pull the cord out and wrap it around the neck. With the roll-up blinds, children may become entangled in the lifting loop on the side of the blind.

These defective products have been sold at a wide variety of retailers in Massachusetts, from Wal-Mart to Pottery Barn to ACE Hardware, to name but a few. If you have either type in your home, please contact the WCSC at its website or at (800) 506-4636 to receive a free repair kit.

The CPSC and the WCSC has also provided safety tips that apply to all window coverings, not just those involved in the recall. These include inspection of all shades and blinds in the home to make sure there are no loose or accessible cords (in fact, cordless window coverings are recommended where children live or visit), keeping cribs, beds, and furniture away from windows, and installing tension devices on looped chains or cords to keep them taut. Complete information is available at the CPSC website.

Continue reading "Strangulations Trigger Massive Recall of Blinds and Shades--Massachusetts Consumers Urged to Eliminate Hazards" »

In what will be the largest recall in the history of Toyota Motor Corp., the company will be recalling 3.8 million defective motor vehicles because of defective floor mats. The defective mats may cause the accelerator to jam, and may lead to serious accident.

Toyota has recommended that for several Camry, Avalon, Prius, Tacoma, Tundra and Lexus models the driver's side removable mat be removed from the car immediately and not replaced until the company issues a fix.

According to the Washington Post, Transportation Secretary Ray LaHood has called this an "urgent matter," and has strongly urged owners to "remove mats and other obstacles that could lead to unintended acceleration."

One recent spectacular car crash has been blamed on the defective mats. In August 2009, a California family was traveling in a 2009 Lexus ES 350 when the car's accelerator became stuck. The runaway vehicle could not be stopped, and reached a speed of 120 mph before crashing, rolling off the highway, and catching fire. All four family members were killed.

Toyota has also issued instructions on how to disable the vehicle if the accelerator becomes jammed. A driver should use both feet on the brake to slow the car and slip the gear shift into neutral. The key should be turned to accessory (not to lock, otherwise steering will be lost). In a push-button ignition, holding the button for three seconds will kill the engine. 

More Information

For more information, consumers can contact the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987. 

Toyota to recall 3.8M vehicles over floor mats, Washington Post, September 30, 2009.

Continue reading "Toyota Recall of Defective Cars to Affect 3.8 Million Vehicles--Floor Mats Blamed for Crashes" »

On August 29, 2003, several people suffered personal injuries and one person was killed when an improperly secured gate arm at the Gillette Stadium in Foxboro swung into a bus traveling on an access road. The stadium, which is the home of the New England Patriots, is on property managed by Foxboro Realty Associates, LLC, with security provided by Apollo Security, Inc,. parking operations managed by Standard Parking Systems.

According to the evidence, the accident occurred when the gate arm was not properly secured by its three pound pin, and a gust of wind blew it from the open position. The evidence demonstrated that Foxboro Realty Associates had promulgated a policy on securing the gate, but had failed to put the policy in writing. It was the job of Apollo to unlock the gate and the job of Standard to open and secure the gates at the appropriate times.

After a trial lasting several weeks, the plaintiff (who was the wife of the deceased passenger from the van) was awarded $4,400,000 for her husband's conscious pain and suffering and wrongful death arising from the negligence of the defendants.

There were two issues on appeal: The instructions the trial judge gave the jury about discussing the evidence; and the issue of control, and whether Foxboro had sufficient control over the parking operations to be found negligent for the actions of its indpendent contractor.

The Massachusetts Supreme Judicial Court ruled that the judge's instructions to the jury that they could discuss the evidence in the case during the trial (which is most unusual in Massachusetts) were improper, because such discussions can only be allowed in civil cases when all parties agree. One party had objected. However, the court found that the error was harmless, because the evidence of the defendant's negligence was very strong.

The Court also ruled that the trial judge had given proper instructions to the jury on control. Under Massachusetts law, an employer is not liable for the acts of an independent contractor unless the employer "retained some level of control over the manner inwhich the work was performed."  The judge had instructed the jury that the employer could be found liable if it failed to exercise its control with reasonable care. The judge's instructions were found to be consistent with Massachusetts law, and the judge was not required to give the instructions requested by one of the defendants. 

The case is Kelly v. Roxboro Realty Associates, LLC, 454 Mass. 306 (2009).

Continue reading "Massachusetts Court Upholds Verdict in Premises Liability Case; Discusses Innovative Jury Techniques and Question of "Control"" »

A large number of motor vehicle accidents involving elderly drivers has prompted the Transportation Committee of the Massachusetts Legislature to enact a bill that would impose driving tests on people over 85 years of age. Currently, Massachusetts only mandates a vision test every ten years.  However, a group of lawmakers is trying to enact tougher regulations on the elderly.

Several recent tragedies have drawn attention to safety issues related to elderly drivers. Concerns about reaction time and vision of the elderly have arisen from the wrongful death of 4-year old Diya Patel who was allegedly killed by an 86-year-old woman in Canton earlier this month.  Similar stories this year alone accuse elderly drivers of crashing into a Wal-Mart, a group of cyclists at UMASS, and even a Vietnam Memorial in Plymouth.  Furthermore, an 84-year-old woman remains in critical condition after an 86-year-old man allegedly hit her while she was crossing the street near downtown Melrose yesterday.

According to an article in the Lawrence Eagle Tribune, Rep. Joseph Wagner (D-Chicopee) and Sen. Brian Joyce (D-Milton) want to enact a law similar to those in nearly 30 other states which mandate road tests alongside the vision test every five years for drivers over 85. This would override the current system, where drivers take a simple vision test every ten years after their initial licensure. 

Not surprisingly, the issue is a sensitive one for many who say that regulating senior driving and treating them more like adolescents is demeaning and insulting. Even some suspects, such as 85-year-old Dominick Perry who stands accused of pinning a young boy against another car in a parking lot complain that "age discrimination" is the sole reason for the revocation of his license.  A story in The Boston Globe tells of a former race-car driver who took a long and difficult mock test similar to the road test which would be required of someone his age under the new law.  However, the anecdotal evidence from the elderly about the tedious nature of the test doesn't outweigh the substantial evidence which links many elderly people to acts of negligent driving.

More Information

Lawmakers Hear Call for More Legislation Regarding Elderly Drivers - Boston Globe July 1, 2009.
Legislators Discuss Proposed Elderly Driving Bill Tomorrow - Lawrence Eagle Tribune - June 29, 2009.
Tested for the Road - Hospital Test Gauges Older Drivers' Capability. - Boston Globe July 1, 2009.
Registry Revokes License of Driver, 86, in Melrose Accident. - Boston Globe June 29, 2009.
Passenger Dies in Elderly Driving Case - Boston Herald July 1, 2009.
Driver Charges Elderly Bias - Boston Herald July 2, 2009.
Malden Man Involved in Fatal Wreck Has Recent Road Woes - Boston Herald July 2, 2009.

Continue reading "Massachusetts Elderly Drivers Involved in Motor Vehicle Accidents Ignite Debate Regarding New Licensing Requirements" »

In its annual report on workplace safety, The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) has detailed the high rate of death, injury, and disease which Massachusetts workers continue to suffer. Enforcement and prevention by OSHA, the Occupational Safety and Health Administration, is still seen as lacking, and an audit of OSHA  nationwide demonstrated a failure to enforce job safety laws against employers which repeatedly risk injury and death to workers. OSHA is underfunded and understaffed and incapable of completing comprehensive worksite inspections.

According to the MassCOSH report, sixty-six workers lost their lives on the job in 2008. These deaths were caused by transportation accident, falls, commercial fishing, workplace violence, crushing injuries, electrocution, and toxic substances. Falls continued to be a common cause of workplace deaths, and most of these were construction accidents.

In addition to the high rate of death in the workplace, almost 90,000 workers in the private jobs sector (which excludes self-employed and public sector workers) suffered some form of work injury. While Massachusetts did not have the highest rate of workplace injury, the rate of serious injuries and illnesses, resulting in lost time from work, was higher than the national average.

Occupational disease also remains a very serious concern, and the scope of this problem is not completely known. Certain diseases, such as mesothelioa, occupational cancers, work-related asthma, and lead poisoning are tracked, but the diagnoses of these diseases is not always related to the job, even if it was caused by a workplace exposure.

The complete report released by MassCOSH, entitled Dying for Work in Massachusetts, Loss of Life and Limb in Massachusetts Workplaces, is available at the MassCOSH website. MassCOSH sponsored Worker Memorial Day at the Massachusetts State House on April 28th. Breakstone, White & Gluck, a Massachusetts construction accident law firm, is a proud sponsor of the work of MassCOSH, which is making Massachusetts workplaces safer for all, and which is working to increase the rate and quality of workplace safety inspection and enforcement.

The Massachusetts Department of Public Health has released its first annual report of Serious Reportable Events at Massachusetts acute care hospitals. The report reveals that there were over 300 serious events resulting in personal injury and at least 19 deaths, including serious surgical errors, falls, and medication errors. The report reflects some aspects of the causes of medical malpractice cases in Massachusetts.

Guidelines for reporting serious events were adopted by the Massachusetts Department of Public Health and implemented in 2008. Under the guidlines, Massachusetts hospitals are required to report six general categories of events, including:

• Surgical errors
• Care management problems (medications errors, pressure ulcers)
• Product or device-related complications
• Patient protection problems (suicide protection)
• Environmental problems, including slips and falls
• Criminal events

Slip and fall injuries, particularly among the elderly, constituted the most frequent problem at hospitals, with over 230 events statewide. These accidents occurred when patients were dizzy from medication, had vision problems, were not protected from falling from their beds, or did not have needed assistance.

Surgical problems continue to occur at shocking rates. The report includes 32 instances of objects being left in surgical patients, 24 wrong site surgeries (for example, wrong leg operated on), 5 wrong procedure injuries, and 1 wrong patient injury.

There were a dozen serious medication errors and a dozen pressure sore problems reported as well.

There can be little doubt that this report reflects only a portion of the serious medical events that should be reported. We say that for a couple of reasons. First, this was the first year of reporting, and hospital administrators are still learning what needs to be reported. Some hospitals have no doubt been more transparent and vigilant in their reporting and their efforts to reduce error. (Beth Israel Hospital under Dr. Paul Levy is the leader in this respect.) It is unlikely that the bed sores have been accurately reported, given the low number (12) versus the enormous patient population.

Transparency and accident reporting are two keys to improving patient safety at hospitals. Reduction in medical malpractice from surgical errors can be achieved with more time spent among the surgical staff double-checking to ensure the correct patient, the correct procedure, and the correct site of the surgery. We have previously discussed how surgical safety checklists reduce the rate of medical malpractice, including the rate of serious injuries and wrongful death.

Continue reading "Medical Errors Reported for Massachusetts Hospitals--Causes of Serious Injuries and Deaths Identified" »

Massachusetts has reached a final settlement in the Big Dig tunnel ceiling collapse case that caused the wrongful death of Boston resident Milena Del Valle and the injury of her husband.

Gannett Fleming, the company which designed the ceiling, will pay $50,000 to the city of Boston and $1.5 million for maintaining the Big Dig tunnels. Additionally, they will forfeit $150,000 in payments from the Massachusetts Turnpike Authority.

Sika Corp., which made the epoxy glue that held the ceiling in place, has agreed to pay $200,000. This money will go directly into a trust fund that has been designed to fund the upkeep of the Boston tunnel complex.

Two claims were dismissed: those against Sigma Engineering International Inc., a structural engineering company, and Conam Inc., a materials inspection company.
Both were determined to have no liability for the ceiling collapse.

After the tragic accident, resulting from the negligent design and construction of the tunnel, Massachusetts undertook a thorough examination of the tunnel system. The resulting settlements have provided funds that will assist in proper upkeep and maintenance in years ahead.

More Information

AG settles with final two firms in fatal collapse of Big Dig tunnel, Boston Globe, March 27, 2009

Continue reading "Massachusetts Reaches Final Settlement in Big Dig Tunnell Ceiling Collapse" »

Massachusetts drivers now have another law to obey: Drivers need to slow down and move over when approaching stationary police, emergency response, and construction vehicles that have their lights flashing. The penalty: $100, and your insurance rates will probably also go up.

This well intentioned bill was enacted to prevent injuries caused by car accidents. First responders to accident scenes and work crews have suffered serious injuries as the result of negligent drivers who fail to slow and move over, and the legislation is designed to make their work safer.

But can you legislate this kind of safety? The bill itself is quite vague. A driver is required to change lanes "if practicable." A driver is required to reduce his or her speed to a "reasonable and safe speed for road conditions." How will that be judged?  And will emergency vehicles leave the scene to chase down violators of this new law?

Saving lives and preventing injuries are, of course, important goals. But real safety comes from a broader awareness of our duty to ensure the safety of emergency and construction personnel, and that awareness begins with proper driving training. It also begins with simple common sense and courtesy.

Continue reading "Massachusetts Car and Truck Drivers: Slow Down and Move Over to Prevent Accidents--It's the Law!" »