Articles Posted in Other Personal Injury

The Insurance Institute for Highway Safety and Highway Loss Data Institute conducted two studies which found an in increase in collision claims in four states following the start of the legalization of recreational marijuana.  “Despite the difficulty of isolating the specific effects of marijuana impairment on crash risk, the evidence is growing that legalizing its use increases crashes,” IIHS-HLDI President David Harkey said in a statement.

The operation of a vehicle under the influence of marijuana is illegal in all 50 states. This remains the case even after certain states made the move to legalize recreational marijuana use. However, accurately testing and determining marijuana impairment has been challenging for professionals. One study by safety ex

Marijuana car accident

Number of drivers involved in fatal accidents who tested positive for Marijuana in Colorado

According to published reports, the limousine company involved in the accident on October 6, 2018 had a record of repeated safety violations. Such violations included a failure to pass an inspection in early September of 2018. During  inspection in September, the limousine was found to have 18 seats, but was only approved to carry 10 passengers including the driver. The vehicle was also cited for a break line that was hanging loosely near one of the vehicles tires. The warning light for the brake hydraulic system was staying on the reports showed. The inspection that happened 7 months prior cited the break light being on as well. Prestige Limousine was cited for not having rectified it in September. Authorities made their first move against the company, arresting its operator outside Albany and charging him with criminally negligent homicide.

“That limo was coming down that hill probably over 60 miles per hour,” said Jessica Kirby, 36, themanager of the Apple Barrel Country Store, where she said customers were hit near the parking lot. “All fatal.” The area where the limousine blew the stop sign was also a notoriously dangerous area. The spot, an intersection right by Apple Barrel Country Store had prior accidents involving larger vehicles.

The worst automobile accident in nearly a decade

Dog bites can cause serious personal injuries, infections, disfigurement, permanent scarring, emotional trauma and death.

In the thirteen year period of 2005 through 2017, Dogbites.org reported that canines killed 433 Americans.  Many more suffer serious personal injuries or property damage.  It is the responsibility of a dog owner to ensure their dog does not hurt or injure anyone.

Victims of severe dog attacks who suffer these significant injuries, infections, disfigurement and scarring will need specialized medical care, and often reconstructive surgery is required to diminish the appearance of scars.  These medical procedures can be painful, costly and take years to complete.

According to the National Highway Traffic Safety Administration, motorcycles make up only 3 percent of all registered vehicles in the United States.  Despite those low numbers, the NHTSA reports there is an increase in motorcyclists killed each year in Massachusetts.  Motorcycle fatalities occurred 28 more times frequently that automobile fatalities.   Some of the common characteristics that contribute to motorcycle injuries and fatalities are other vehicles, speed, alcohol impairment, weather, lighting, and roadway conditions.

According to the Massachusetts State Police, a motorcyclist traveling on an uneven roadway in Kingston, Massachusetts crashed and died after losing control on the uneven pavement and was struck by another vehicle.

Pot holes, uneven pavement, construction or other roadway inconsistencies are flaws more dangerous to the operator of a motorcycle than a car.  If roads are not properly maintained, motorcyclists can crash.  If it was the negligence of the city or town to keep roadways safe, or whether it was the negligence of another driver, we can help.

What happened on September 14, 2018 was an avoidable tragedy that. 8,600 people were affected by the gas explosions, with 25 injured, and one fatality. A complaint was filed by a resident of Lawrence named Francely Acosta, who was one of the 8,600 residents affected by the explosions. Acosta accused NiSource of “negligence and creating a public nuisance by failing to maintain gas pressure in its “antiquated” system, which she blamed for Thursday’s explosions” in her complaint.

Potential causes of the explosions identified by The Federal Pipeline and Hazardous Materials Safety Administration, who in their report noted “that the pressure in the Columbia Gas system should have been around 0.5 pounds per square inch (PSI), but readings in the area reached at least 6 PSI — twelve times higher than the system was intended to hold,” their report. Senators Elizabeth Warren and Ed Markey are looking for more information as to what Columbia Gas did to respond to this rep

Injury in explosion

Understanding “Pain and Suffering”

If you or someone you know has been injured in an accident and you’re seeking compensation from a liable defendant, chances are very high you may have heard the phrase “pain and suffering” being used by Attorneys. While, most all of you reading are familiar with the use of these words, their use as legal terms carries a fair share of subtle distinctions.

Pain and suffering resulting from an accident is used as an umbrella term that encompasses the physical and emotional damages that are a result of the accident. To elaborate further, “pain” would include bruises, a broken arm, fractured rib, etc, while “suffering” would be the emotional fallout resulting from those injuries, emotional and mental injuries would be one way to understand “suffering.” These emotional injuries would include feelings such as depression, grief, anxiety, and even fear to name a few.

Negligence is defined as a failure to use the level of care someone of ordinary prudence would have used under the same circumstances. Negligence consists of actions or omissions where there is an expected duty or responsibility owed by one person to another person. Events which cause injury not due to fault of another person involve negligence, and the elements of negligence are as follows.

  • Duty of Care: This boils down to, does the defendant have a responsibility to the plaintiff that it must legally uphold? Is it a responsibility of which the plaintiff is the intended recipient of the defendant’s actions? Establishing a legally defined duty and recognized responsibility of the defendant is the first step to determining a defendant’s negligence.
  • Breach of Duty: After the duty of care has been established, it must be determined whether or not the duty of care was breached. For example was the plaintiff lawfully on a premise owned by tenant? Did the person injure him or herself on the defendant’s premises? Did the owner of the business fail to reasonably prevent the injury? These are but one example of many situations involving a breach of a legally recognized duty.

Firefighter exposed to toxic smoke

The Massachusetts Senate approved a firefighter cancer bill that will enable firefighters and other state workers, such as police officers who are regularly exposed to dangerous fire related conditions, to treat cancer as a work related/line of duty injury. This change offers increased protections to first responders who put their lives at risk for the safety and security of our society. Before this bill, first responders suffering from cancer related illnesses would utilize their sick time while treating for cancer. After the finite amount of sick leave ends, payroll and healthcare benefits cease, making an already difficult financial, physical, and emotional battle all the more challenging.

“We accept the sacrifice of our job as a part of our calling, but when we get diagnosed with cancer, and we run out of sick leave, and we go off the payroll, and we lose our healthcare that is just wrong,” said Ed Kelly of the International Association of Firefighters. Firefighters, and other first responders, especially in Massachusetts have an increased risk of being exposed to carcinogenic chemicals, more so than any other state. Massachusetts mandates flame-retardants in their fire code in hopes of preventing out of control fires and deaths attributed to fires. Boston had one of the lowest national rates of firefighters killed in action, which influenced Massachusetts decision to keep flame retardants a part of the fire code. (Boston Magazine)

It’s five o’ clock on a Friday and you’re heading home after an exhausting week of work. You’re practically on auto-pilot with the thought of the impending weekend being the only fuel guiding you home, and then BAM-it happens. You find yourself in a car accident. Everyone understands when you get behind the wheel you run the risk of finding yourself in a surprise collision, yet we never think about the odds of it actually happening to us, and even worse we don’t know the steps to take to protect ourselves in the event of an automobile accident adapted from the Massachusetts DMV site.

EMS Clearing A Car Accident
  1. First and foremost, you must never leave the scene of an accident. It seems obvious and trite, but flight is a guttural reaction to stimuli. You must remain as calm and reposed as you can, given the circumstance. Find a safe place to pull over your car, staying as reasonably close to the vehicle, or property you collided with without obstructing traffic. Be aware of your surroundings and any other potential dangers, such as fire, or a downed electrical wire.

It is very common to discover (especially after a recent auto accident or similar surprise trauma) alternative health treatment services such as visits to a chiropractor or acupuncture treatments are not covered by your average health insurance policy. According to health insurance expert Louise Norris, a contributor to Healthinsurance.org and Medicareresources.org chiropractic visits and services are commonly excluded from many health insurance policies. “In the under-65 market, individual health insurance is not specifically required to cover massage therapy, acupuncture, or chiropractic care,” says Norris in an article at the Huffington Post addressing the things insurance companies do not cover.

Seeking alternative treatment with a chiropractor

This lapse in coverage might be deemed inessential to most; however, after experiencing trauma from an automobile accident or similar event, one may find themselves in dire need of such treatments. One such person in need of chiropractic treatments, resulting from a car accident, became a patient at Dupilka Family Chiropractic.