William D. Kickham
William D. Kickham
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In my line of work as a Route 128 car accident lawyer, I see all too often the aftermath of Massachusetts car accidents. So I’m happy to report that starting on Friday and Saturday nights for the balance of this summer, the Massachusetts State Police will add 11 patrols to cruise Route 24 and also Interstate 195 every weekend from 8:00 PM to 4:00 AM. The reason: Those roadways have experienced a recent spike in motor vehicle accidents and even deaths during those hours. The increased patrols are an attempt by law enforcement to counter those injuries and fatalities. The extra patrols will cost about $125,000. Before this new arrangement, only three State Police cars have been on those roads during those times.

It is estimated that more than 100,000 drivers travel on Route 24 every day.

Six people have been killed in Massachusetts motor vehicle fatalities on Route 24 so far this year – that’s compared to just five traffic fatalities on Route 24 in all of 2011. Three of them occurred just this month, in July. Here’s a brief rundown of those fatalities. Angel Pina of Norton was ejected from her truck and killed on July 12 when her truck rolled over after one of its back tires had a blowout. Later, on July 15, Lisa Banat, who was traveling the wrong way on Route 24 – can you imagine that? – struck a pick-up truck head-on. The truck’s driver was also killed when his truck burst into flames. That’s terrifying to think of, never mind to actually witness.

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Just imagine this scenario. You’re driving your Ford Maverick, or your Ford Escape, and you need to slam on the brakes. Only you hit the brakes and you find that your gas pedal is sticking, so instead of slowing down you speed up, and the next thing you know, you’re the victim of a serious car accident.

As a Westwood accident lawyer, I’ve seen this happen far too often. Concerning Ford Motor Company vehicles, the National Highway Traffic Safety Administration has received 68 complaints about the Ford’s sticky gas pedals on its Escapes and Mavericks, which have caused 13 crashes, nine injuries and one death.

That’s why Ford is right now recalling almost 485,000 Escapes and Mavericks – vehicles from the 2001 to 2004 years that are powered by 3-liter V-6 engines. It’s the third recall in two weeks for the Escape, which is the top-selling Sports Utility Vehicle (SUV) in the United States. Just one week ago, Ford recalled 11,500 of its 2013 models, because it found that the fuel lines can possibly crack and leak gasoline, which in turn can cause fires. And just a few days before that, Ford recalled 10,000 2013 Escapes so it could fix the carpet padding that could interfere with braking. This is an example of “defective products.”

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As I reported in my previous post on this subject, amusement park injuries are much more common than most people might think. If you or someone you love has been injured in a Massachusetts amusement-park accident, you may be entitled to financial damages for your injuries. Following below are some typical forms of liability that may serve as the legal basis for damages following several types of injuries that are common to amusement parks:

Product Liability and Defective Products – This refers to whether or not there was a defect in the manufacturing or design of the ride.

Premises Liability – Broken stairs, lack of lighting, gaps in pavement, and parking lot conditions all have to do with premises liability, which is also known as property liability. Slip and fall injuries come under this category.

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It’s summer, 2012. And with it comes marketing for more and more amusement park rides, such as the new ride that debuted at Six Flags New England in Agawam, Mass.: The roller coaster “Goliath.” Guests sit beneath the track with their feet dangling as they ascend a tower. Once at the top of the tower, riders drop nearly 20 stories in a vertical free-fall that reaches speeds of 65 miles per hour. Then riders go head-over-heels on the outside of a 102-foot-tall vertical loop, followed by a 110-foot-tall butterfly turn that rockets them up another tower. www.sixflags.com/newengland/index.aspx. Sounds fun, doesn’t it?

Except when you take into account the accidents that can happen. Too often, the public attends amusement and theme parks to have a good time, and they don’t consider the kinds of injuries that can occur on these rides. As a Massachusetts amusement-ride injury lawyer, I know all too well the types of personal injuries that can occur. Read on, below. I’ll get to injury statistics about amusement park rides further down in this blog post.

Theme-park injuries and amusement-park injuries can frequently be life-threatening. The personal injuries someone can sustain include whiplash, broken bones, heart attacks, traumatic brain injury, and neck and back injuries. In adition to permanent-construction theme parks like Six Flags and Disney World, there are also many traveling carnivals throughout Massachusetts each summer. Visiting a local carnival that has stopped in your town? Although kids love them, (I certainly remember that I loved them,) I know from professional experience that many of them run electrical wiring on the ground, where almost anyone, especially kids and older people, can trip over them, or walk in the wrong place and suffer an electrical shock. And people should always worry about equipment that is routinely getting taken down – and put back up — as carnivals are basically traveling road shows. Equipment that is so temporary doesn’t really inspire confidence. Worse, this equipment is assembled and reassembled by the least-skilled of workers.

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This post is for all women out there who get mammograms – as a Boston injury lawyer, I can’t stress enough that you always need to get second, if not third opinions, to keep yourself safe. Otherwise, you may become a victim of negligence and medical malpractice.

Here’s a case that proves my point. A 46-year-old woman underwent mammograms in February 2006 and later, in February 2007, which were ordered by her primary care physician. Both of the mammograms were reported as normal, although the woman complained of nipple retraction. What’s notable here is what didn’t happen – there were no breast examinations performed in addition to the mammograms. Unbelievable to most people, but true.

Finally, in May 2008, the woman underwent yet another bilateral mammogram. This time it was reported as abnormal. Her right breast was biopsied, with ultrasound revealing that she had invasive ductal carcinoma. The woman underwent a right breast mastectomy in July 2008. She also had to withstand post-operative chemotherapy and further surgical procedures to eradicate her cancer.

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Most people wouldn’t associate propane gas with a high risk of serious personal injury. Aren’t they used, in fact, to heat many homes? Don’t people use propane tanks all the time to cook on their outdoor gas grills? Since that’s the case, the risk of injury in using them can’t be that high, right?

If you were to take that attitude, you’d be quite incorrect in doing so. Propane gas can be extremely volatile. Stored under pressure in steel tanks, the gas can be ignited with a simple spark. If that happens, that harmless-looking tank, whether a smaller one used for gas grills or a larger one used to heat a house, can become, literally, a bomb.

This was the case about two years ago, when propane tank at a house construction site in Norfolk, Massachusetts suddenly exploded, killing a man by the name of William Nichols. Nichols, who was 46 years old at the time he was killed in this Massachusetts construction site accident, was working on the heating and air conditioning system in a duplex that was under construction. Following the explosion, Nichols was trapped under the rubble for over an hour and a half before firefighters could reach and extricate him. Mr. Nichols died of his injuries later that night at a hospital. Facts like this impact the value of a tragic case like this, as it factors into what is called “conscious pain and suffering.”

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Today’s post goes to show you that if you suffer a Boston personal injury due to any circumstances – including a Boston car crash – it is wise to always seek a second opinion from doctors. As a Dedham/Boston injury attorney, I know this for a fact, and now, here’s an unbelievable Massachusetts medical malpractice case that proves that point. I am sure you will be as shocked as I am when you read about it.

Back in February 2007 a man was involved in a Massachusetts motor vehicle accident and transported by ambulance to the emergency room. He complained of an inability to feel and move his limbs. Initially, he was diagnosed with an incomplete spinal cord lesion.

Unbelievably, the ER doctor discharged the patient (plaintiff) with normal exam results, despite his continued complaints of an inability to move.

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Yesterday’s Massachusetts Bay Transportation Authority bus accident, and a parked movie trailer, injured 15 people, although none of the passengers was seriously injured. This illustrates how many people can be injured in a single bus accident

As a Boston injury attorney, I know that an MBTA bus accident such as this one could have had devastating consequences.

The MBTA bus was operating on Route 28. It had just left Dudley Station and was headed south on Dudley Street, near to where the road curves around the Boston Public Library’s Dudley Branch. Ahead stood a 45-foot movie trailer, which stood in the parking lane in front of the Roxbury Municipal Court. By all accounts it was legally parked.

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It’s a sign of the times. Too many people text on their phones while driving, and that includes Massachusetts Bay Transportation Authority drivers, who man the trolleys in Boston.

Trolley operator Aiden Quinn admitted to authorities that he was texting his girlfriend, when the MBTA trolley he was driving in 2009 slammed into the back of another train in an underground tunnel in Boston, resulting in a very serious MBTA accident.

One of the passengers on that train, a Ms. Colleen Fyffe was so injured from this accident that she was unable to return to her job withDelta Air Lines at Logan International Airport. She was awarded $1.23 Million in financial damages from a Suffolk Superior Court jury. But the back story gets even more interesting: Ms. Fyffe’s case went to civil trial after she turned down a $100,000 settlement from the MBTA. And think about this – there have been about 24 lawsuits filed in conjunction with this crash, and most of them have been settled for an average of about $31,000 each. That’;s no surprise. Most defendants in Massachusetts personal injury cases offer very little to settle the case out of court.

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As a Boston and Dedham construction site accident lawyer I know all too well that construction site accidents can be dangerous – and devastating. It’s interesting – most people who work on construction sites mistakenly sometimes believe that they can’t claim financial damages if they are injured, as the sites are inherently dangerous. But they are wrong. And if you are injured, it is wise and prudent to take your case to a Boston injury lawyer who can argue your case for personal injury and see that you are awarded the financial damages you deserve.

Here’s one more example why. Recently, a construction worker injury case resulted in a $550,000 settlement following mediation. The case was brought against both the construction site general contractor and a subcontractor. The plaintiff, a 37 year-old Massachusetts man, was working as an apprentice plumber at a job site. During the course of his workday, a large stack of drywall that had been stored in a hallway and weighed 85 to 110 pounds, fell on top of him. As a result. he experienced substantial injuries to his right leg that included tibial and fibular fractures, which required surgery.

The plumber alleged that the subcontractor who put the 14-sheet drywall in the hallway had improperly stored it, thus creating a “foreseeable hazard.” As mentioned above, the plaintiff also brought claims against the general contractor, alleging that the general contractor had failed to adequately coordinate the work and inspect the job site.

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