Posts Tagged ‘injury’
New Information in Fatal Gas Explosion in Somerset, Massachusetts
Information uncovered by news teams investigating the fatal gas explosion in Somerset, Massachusetts on February 19, 2009, indicates that damage to a gas main, perhaps from construction activity, may have been a cause of the terrible accident.
Residents in the vicinity of the explosion had reported the smell of gas, and the New England Gas Company was in the area investigating, knocking on doors in the neighborhood. However, within twenty minutes of the arrival of gas company crews, the home of 62-year old Rose Marie Rebello exploded, then erupted in flames. Ms. Rebello and her dog both died, and a firefighter and a utility worker were injured. Homes in the area suffered damage, and hundreds of residents were forced to evacuate. Six homes were rendered uninhabitable, and dozens of others were damaged.
Investigators discovered that a 200-foot long section of the gas main, which was installed over 40 years ago, was “damaged and breached,” possibly by later construction activities. The damage may have been done during the installation of a sewer main and the tie-ins in the neighborhood, though that work was done in the 1970s.
It was the third Massachusetts explosion in three months. One man died in Scituate in December, and another man was seriously injured in January in Gloucester. This is a sharp increase in the accident rate in Massachusetts compared to the previous ten years. Another man was killed in a gas explosion in his home in Manchester, NH, on February 24, 2009. Aging infrastructure and the need for greater maintenance are probably significant factors in gas explosions.
Massachusetts Court Affirms $3.4M Verdict in Negligence Case Against Liquor Store–Drunk Driver Caused Wrongful Death
On January 7, 2003, 16-year-old Trista Zinck was struck and killed by an underage drunk driver, William White, as she walked with her boyfriend, Neil Bornstein, along Ferry Road in Newburyport. Bornstein survived, but was seriously injured. Before the accident, White had been drinking at his friend Brendan Kneram’s house, whose parents were away. Earlier that day, White, Kneram and their two friends pooled some money, and Kneram used his fake New Jersey driver’s license to purchase a 30-pack of beer at The Gateway Country Store in Seabrook, NH.
Since the accident occurred in Massachusetts, Zinck and Bornstein’s families brought actions for negligence in the Massachusetts Superior Court against both the driver and Gateway Country Store, alleging that the store negligently sold beer to an underage buyer, a transaction that was the proximate cause of the accident that killed Zinck and injured Bornstein. In 2004, an Essex County jury decided that the liquor store was partially responsible for the wrongful death and injuries, and awarded the families nearly $9 million in damages, which the defendants promptly appealed.
On appeal, Gateway admitted that it sold the beer to the underage Brendan Kneram, but argued that because it was William White who became intoxicated and caused the accident, the store should not be held liable. In Massachusetts, to be liable for negligent conduct, the plaintiffs had to prove two primary elements:
- First, they had to prove that the defendants owed a duty of care, and that they breached that duty. Businesses that sell alcohol owe a duty of care to the public, by law. In this case, the jury found that Gateway breached this duty by selling alcohol to someone whom the store clerk reasonably should have known was under 21.
- Second, the plaintiffs had to prove that there was a causal link between the breach (the sale of the alcohol) and the harm (the car accident). Gateway argued that its liability ended once Kneram served the beer to his friends, but the jury did not agree.
In its opinion, the Massachusetts Appeals Court reiterated the test of causation, which the trial judge had instructed the jury to apply: If an intervening act (Kneram giving the beer to his friends) was foreseeable by the defendant, then the original negligent act (the sale of the beer) remains a proximate cause of the harm (the car accident).
Another important part of this test is that the plaintiff does not need to prove that the defendant could have foreseen the exact harm that occurred, but only the injuries that could have occurred in “substantially the manner” in which they did. In this case, plaintiffs had to show the jury that the liquor store clerk could have reasonably foreseen that selling 30 cans of beer to an underage man with an out-of-state license, on a snowy, January evening, with a car full of other underage teenagers waiting in the parking lot, is an action that could potentially cause a fatal drunk driving accident.
Here are two more general, important points to keep in mind about causation and the role of the jury in these types of cases:
This is a civil case, not a criminal case, so the burden of proof is much lower than “beyond a reasonable doubt.” A jury only needs to find “more likely than not” that the defendant was negligent. The two elements of negligence (breach and causation) are questions of fact for the jury to sort out after evaluating the defendants’ and plaintiffs’ versions of the events.
It should be noted that under Massachusetts law, the driver and the liquor store were found jointly liable, meaning both are responsible for the full amount of the damages. The plaintiffs will be able to recover the balance of the damages from the liquor store since the insurance on the driver will be inadequate to cover the damages.
The name of the case above is Zinck vs. Gateway Country Store, Inc., 72 Mass. App. Ct. 571 (2009).
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Massachusetts Changes Laws to Increase Bicycle Safety, Reduce Bicycle Accidents
Good news for Massachusetts bicycle riders! Legislative changes have finally come which help protect bicyclists, and which place greater requirements on drivers of cars and trucks to prevent injuries to bicycle riders.
Bicycle riders are at risk when riding on the road for a number of reasons. First, motorists are often not looking for bicycles when driving; they are looking for larger vehicles, such as other cars or trucks, and they often simply fail to see bicycles (and the same is true, or course, for motorcycles). The risk is magnfied because cyclists are largely unprotected from serious injury if there is a crash.
The new law targets the most common types of accidents, and places new, explicit requirements on drivers to prevent these accidents. These are some of the most common accidents:
- Drivers try to pass a bicycle when there is not enough room
- Drivers cut back into the lane where the bicycle is operating, cutting off the cyclist
- Drivers overtake cyclists, then turn right, right in front of them, cutting them off
- Drivers fail to recognize that bicycles are traveling to the right of traffic–which is perfectly legal–and turn left in front of them, failing to yield the right of way
- Drivers fail to recognize the cyclists passing them on the right, and move to the right or turn to the right without checking blind spots or mirrors
- Drivers and passengers fail to recognize approaching bicycle riders, and open their doors directly in the path of the bicyclist
The new laws, which are part of Chapter 525 of the Acts of 2008 (click for full text of enacted statute), prohibit all of these acts, and create fines for drivers who fail to follow the law.
Hopefully the new legislation will help reduce the incidence of serious injury and wrongful death caused by collisions between bicycles and motor vehicles.
For more information on the legislative changes, please see our article, Good News for Bicyclists in Massachusetts: Important Changes in Massachusetts Statutes Favor Cyclists–Drivers Must Use Greater Care.
Information
What the New Bicycle Law Means for You: A Practicle Guide. MassBike
Massachusetts Ice Storms Leave Residents Slipping and Sliding
The winter of 2009 has already beaten the law of averages when it comes to total snowfall. But this year has distinguished itself even more as the winter of ice storms. Those storms have left thousands without power, some for weeks on end. And all of that ice has led to spikes in admissions to emergency rooms around Massachusetts for broken ankles, fractured wrists, hip fractures, and back injuries.
So many people wonder, who can be held responsible if you slip and fall on a patch of ice or snow? Believe it or not, in Massachusetts personal injury cases caused by slips and falls on ice or snow are very difficult cases, and often do not lead to liability.
For one thing, the common law in Massachusetts precludes premises liability for accidents which occur as the result of natural accumulations of ice or snow. This means that if your neighbor fails to shovel or the office downtown leaves some ice after an ice storm, then the landowner is probably not liable. The same is usually true even if the landowner has moved only some of the snow or ice which had naturally accumulated.
The situation changes when snow is moved into piles. Piles which obstruct your passage on sidewalks, walkways, or driveways can be found to be unnatural accumulations. Another uncommon unnatural accumulation is the discharge of water from drain pipes or gutters onto walkways. Other alterations to property which cause water to form ice in channels or puddles may also lead to liability.
Massachusetts also has strict notice requirements after an accident caused by snow or ice. The landowner must be notified within thirty days, or the landowner may have a legal defense of prejudice due to lack of notice.
Distracted Car and Truck Drivers Frequent Cause of Injuries
After the September fatal Metrolink
train crash in Los Angeles, California, which was clearly linked to text messaging by
the engineer, a new focus is being brought on the many distractions which are
causing increasing numbers of car and truck accidents.
Driver distractions have always
included adjustments 
to
the radio and temperature controls, other occupants in
the car or truck, eating, roadside distractions, and for some, putting on
make-up and reading the morning paper. The proliferation of new devices, such as
GPS units, DVD players, iPods, cell phones, mobile e-mail, and text messaging,
have only compounded the likelihood of an accident being caused by a
distraction.
iPods mounted for the vehicle’s
sound system are very likely to distract a driver. Recent studies have shown
that almost every driver with an iPod took his or her eyes off the road for two
seconds or more. Two seconds is the “magic number” because the probability of an
accident goes up by factor of three after that time. (These tests were run on a
simulator.)
The results of the study were even
more dramatic for young drivers, ages 16-18, who were much more likely to keep
their eyes off the road for a distraction, such an iPod or changing a CD.
The Metrolink train crash, which
killed 25 people and injured 140 others, starkly illustrated the potential
dangers of text messaging. The engineer failed to stop at a red track signal,
and then struck a freight train head-on.
So far, Washington, Alaska, the
District of Columbia, Louisiana, Minnesota, New Jersey and California have
banned text messaging while driving. Massachusetts is considering a similar ban,
but no action was taken in the 2008 legislative session. A similar bill is
expected to be brought to the legislature in 2008.
Investigation of driver
distraction is a standard part of the investigation of
car accident and truck
accident cases. Evidence of driver distraction, which can be from cell
phones, entertainment equipment, GPS units, or other distractions, is important
evidence in cases of
personal injuries or wrongful death.
At the personal injury law firm of
Breakstone, White & Gluck, P.C., we are aggressive in the investigation of
facts, such as driver distractions, which may have caused the accident. We have
experience retrieving relevant cell phone records and other accident data which
can help prove liability in our clients’ cases.
Resources:
“Study
points to hazards of driver iPods,” Boston Globe.
“NTSB
team sorting out what happened in Metrolink crash,” Los Angeles Times.
“Schwarzenegger:
Hasta La Vista To Texting While Driving,” Information Week.
“State
leads ban on texting while driving,” Seattle Post Intelligencer
Bicycle Accidents on Rise Around Nation
Rising gas prices have led to an increased in bicycle use around the country. Unfortunately, that trend has led
to an increase in bicycle accidents as well.
Statistics are not available for the current year, but bicycle traffic is up dramatically in Massachusetts
metropolitan areas. In other areas, there is an increase as well. For example, in one California city, bicycle traffic was up 14% but accidents increased by 40%. Fatal accidents in Chicago and New Jersey were also noted to be
significantly increased this year.
The most recent crash statistics from the National Highway Transportation Safety Authority (NHSTA), through 2005, indicate that the highest rates of injury are in the 10-19 year old range, but the highest rate of fatalities is in males 35-54. Death rates were approaching historical highs in 2005. The most common causes of bicycle accidents are left-turning vehicles which fail to yield the right of way, and vehicles which overtake a cyclist, and then turn in front of the cyclist.
In a city like Boston, where bicycle transportation has historically received little attention from transportation officials, Mayor Menino has promised to make Boston more bicycle-friendly. This means the city will be adding more bike lanes to major streets. But Boston has a long ways to go, if the ratings from Bicycling Magazine are any indication. Boston has been rated the worst city for bicycling for three years. Mayor Menino’s promise is to move Boston to the “Best” column for cyclists.
Crane Accidents Continue Around U.S., New Safety Rules Needed
This year has been a tragic one for the crane industry. The most recent accident to gain national attention was
the collapse of an enormous mobile crane at an oil refinery in Houston, Texas. Four workers were killed when the crane, with a 400 foot boom, toppled, taking another crane down as it fell. This news follows two dramatic crane accidents in New York City, both of which involved fatalities, and which exposed corruption in the inspection unit responsible for crane safety. Other recent crane accidents have taken lives in Las Vegas, Miami, and Oklahoma City.
Amazingly, only fifteen states (Massachusetts is among them) require crane operators to be certified or
licensed. But even licensing of crane operators is insufficient when general contractors fail to recognize and warn of inadequate site conditions, or when other workers ignore basic safety rules.
With eighty people dying each year in crane accidents, it is long past time for the federal government to act.
Sadly, the NY Times reports today, rules to strengthen OSHA regulations to reduce the likelihood of a crane accident sit mired in red tape. The building industry and labor both want better rules, but the administration won’t act.
The new safety rules should be enacted promptly to protect workers and the public from avoidable tragedies
caused by crane accidents.
The attorneys at Breakstone, White& Gluck, P.C. have handled a number of crane accident and other construction site accident cases, and have an excellent understanding of crane operations as well the rules and regulations governing construction sites. If you or someone you know has been injured in a construction accident, we would be pleased to provide a free consultation regarding your case. You can read more hiring a
lawyer for construction accidents on our construction and crane accident page.
Resources:
Massachusetts Crane Accident Case Report
Long Overdue Crane Safety, NY Times, August 2, 2008
Crane Accident at Houston Refinery, NY Times, July 19, 2008
Several Recent Truck Accidents in Massachusetts
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 Hiring a Lawyer for Personal Injuries Caused by Trucking Accidents.