Under Massachusetts law, all motorcyclists must wear a helmet when riding. It is crucial that all motorcyclists and motorcycle passengers obey the law because helmets are the only safety devices that come between the riders’ heads and the roadway. Riders put themselves at risk of suffering a brain injury if they fail to wear full-face helmets, fail to wear Department of Transportation-approved helmets or refuse to wear a helmet altogether.

How effective are motorcycle helmets? According to The National Highway Traffic Safety Administration (NHTSA), helmets saved the lives of 1,829 motorcyclists in 2008. If all motorcyclists had worn helmets, an additional 823 lives could have been saved during that year. On an average, helmets are effective 37 percent of the time in preventing fatal injuries to motorcyclists and 41 percent effective in preventing fatal injuries for motorcycle passengers.

(more…)

Spinal cord injuries, which involve damage to the spinal cord, are among the most common and most devastating types of injuries caused by auto accidents. According to the U.S. Centers for Disease Control and Prevention, 250,000 Americans injure their spinal cord each year. About 52 percent of these individuals are considered paraplegic and 47 percent quadriplegic. A majority of these spinal cord injuries occur between the ages of 16 and 30. The most common cause of spinal cord injuries is auto accidents (37 percent) followed by acts of violence (28 percent) and falls (21 percent).

Spinal cord injuries can result in permanent disabilities, which can have devastating emotional and financial consequences for the injured victim and his or her family. Some of the symptoms of a spinal cord injury include loss of sensation and mobility, loss of bowel or bladder control, chronic pain, breathing problems, weakness, paralysis and numbness in the extremities.

(more…)

Individuals who have been injured in a Massachusetts car accident as the result of someone else’s negligence or wrongdoing may be able to file a personal injury claim against the at-fault motorist seeking compensation for damages. Some people decide to do so with an experienced Massachusetts personal injury lawyer on their side. Others choose to do it on their own. Regardless of the decision you make, it is important that you understand some of the most common myths about accident injury cases. Buying into these myths or believing them to be true can seriously affect your ability to obtain fair compensation for your losses.

The first myth is that the insurance companies are here to help you in your time of need. Believing that myth can land you in serious trouble. Insurance companies have always been well-oiled money making machines. Insurance adjusters are trained to ensure that your claim’s value is reduced if not completely eliminated. Paying you will affect their bottom line. Do not be bullied or intimidated by the insurance company. You do not have to talk to them or provide recorded statements. Always wait until you get legal advice.

(more…)

Drivers in Massachusetts would be banned from using hand-held cell phones under a bill that has been unanimously approved by the state Legislature’s Joint Transportation Committee. This is yet another step, which takes a Massachusetts cell phone ban one step closer to reality. If this becomes law, Massachusetts will become the tenth state in the nation to prohibit even holding a cellphone while driving illegal. The bill would still need to make its way through the House and Senate and may also be evaluated by the Ways and Means Committee before it becomes the law of the land.

In 2010, Massachusetts passed a law banning drivers under the age of 18 from using a hand-held cellphone and also prohibited texting while driving for motorists of all ages. However, there was no action taken at that time to extend the hand-held cell phone ban to drivers over the age of 18.

(more…)

In a June 27 blog post we covered the case of a Massachusetts man, Simon Glik, who was arrested in 2007 after videotaping an arrest being conducted by police. In 2010, after the State of Massachusetts dropped charges against him, he sued the city of Boston and three police officers for violating his First and Fourth Amendment rights. The case was heard in June 2011 by the First Circuit Court of Appeals. On August 26 the Court delivered its ruling, concluding that citizens have a constitutionally protected right to videotape police officers who are making an arrest.

The Circuit Court stated the following in its opinion (PDF): “[T]he defendant police officers challenge an order of the district court denying them qualified immunity on Glik’s constitutional claims. We conclude, based on the facts alleged, that Glik was exercising clearly-established First Amendment rights in filming the officers in a public space, and that his clearly-established Fourth Amendment rights were violated by his arrest without probable cause.” (more…)

When a car accident caused by another person’s fault results in the death of a loved one, the surviving family member may bring a Massachusetts wrongful death claim against the negligent party.

Unlike criminal charges, a wrongful death lawsuit is filed by a personal injury attorney in a civil court to recover money damages for your loss. These damages can include:

• medical expenses,
• funeral expenses,
• loss of consortium,
• lost earning capacity,
• pain and suffering,
• and others.

(more…)

Cerebral palsy affects about 10,000 U.S. babies each year. According to the Centers for Disease Control and Prevention (CDC), approximately 2 to 3 children per 1,000 have developed this devastating disorder that affects body movement, balance and posture.

Infants with cerebral palsy have delayed development, and for some individuals, cerebral palsy may also lead to mental retardation and other serious problems.

What Causes Cerebral Palsy?

Cerebral palsy is believed to be caused by abnormal development or damage in areas of the baby’s brain that control muscle tone and motor movement.

Cerebral palsy occurs in infant due to brain damage during pregnancy, birth or up to two years following birth.

Some of the factors associated with cerebral palsy include: (more…)

According to the Centers for Disease Control, about 18 percent of all emergency hospital visits relating to traumatic brain injuries involved children aged 0 to 4 years. Brain injury is the most frequent cause of death and disability among children in the United States. Nearly 1 million children suffer brain injuries each year and about 165,000 require hospitalization.

Traumatic brain injuries occur as a result of a sudden, violent blow to the head. Child brain injuries, are extremely common in Massachusetts and the rest of the United States. Regardless of how they are caused, the effects of brain injuries can be permanent and lead to a lifetime of special needs, medical care and continuing rehabilitation.

Among teenagers, the most common cause of brain injury is auto accidents. Among younger children, especially those under 4 years of age, falls are the most common cause for traumatic brain injuries. Sports-related injuries, where children are hit by a bat or ball or football-related head injuries can also result in brain damage. Adolescents and young adults are also at risk for assault-related brain injuries including those caused by a firearm. Child brain injuries can also be birth injuries that result from medical negligence during labor and delivery. (more…)

Riding a bike is one of the kids’ favorite activities in spring. However, collisions with motor vehicles account for nearly 90% of all bicycle-related deaths, and 10% of all non-fatal injuries in the United States.

Besides teaching their children how to ride bikes, parents should also brush up on how to keep their children safe while riding bikes.

1. Wearing a helmet: Parents should teach their children to always wear a bicycle helmet. Furthermore, the child’s helmet must be the appropriate size and shape and fit CPSC’s safety standards.
2. Riding the Right Bike: A child’s bike needs to be the right size so children can ride it safely.
3. Road Rules and Traffic Laws: Parents should go over the basic road rules and traffic laws with their children before going on a ride. Kids need to remember things like:

(more…)

Bicycle accidents involving children can sometimes lead to serious head injuries, and even death. Bike accident statistics show that a person riding a bike without a helmet is 14 times more likely to be involved in a fatal bicycle accident than bicyclists with helmets. Also, an estimated 45-88% of the brain injuries caused by bicycle accidents could have been avoided if the bike rider wore a helmet.

Common sense tells us that the best way to protect a child from head trauma is educate them on the importance of always wearing a helmet.

However, what are the consequences of wearing a defective bike helmet? While bike helmets are designed to protect the head from heavy impact, sometimes helmet manufacturers do make mistakes, and bike recalls do exist.

Risk of Injury From a Defective Bicycle Helmet

A defective bike helmet can pose a significant risk to your child in the event of a bicycle accident since it fails to provide protection in one or more of the following ways:

- Insufficient protection by the hard outer shell of the helmet.
- A soft, inner padding that fails to cushion the skull and brain from injury.
- Overall failure to protect the brain from moving abruptly inside the skull.

Some of the injuries that can result from defective bike helmets include brain trauma, fractures to the skull and face, concussions, and death.

Seeking Legal Advice Concerning Your Child’s Injuries Due to a Defective Helmet

A traumatic injury to your child stemming from the use of a defective helmet in a bicycle accident may have lifelong consequences for your child and the rest of your family. You child may suffer life-altering brain damage and disabilities, which will put an extra emotional and financial burden on the entire family.

If a helmet manufacturer is liable for your child’s head injury in Massachusetts, you may be entitled to bring a lawsuit against them. To find out about your legal options, it is best to consult with a Boston child injury lawyer today.

It is important that the lawyer you choose has a previous experience of successfully handling defective products cases and understands the intricacies of child injuries caused by bicycle accidents, particularly regarding bike helmets usage.

Call 800-410-2769 to speak with a Boston personal injury lawyer today. Free Consultations.