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During winter months in Massachusetts, the chances of suffering a serious injury from routine activities such as walking or running can increase significantly due to slippery surfaces caused by snow and ice. If you or loved one has been hurt in a slip and fall accident on snow or ice, you should contact a reputable Massachusetts personal injury attorney immediately. At The Law Offices of Barry Feinstein & Affiliates, P.C., we understand the nuances of this area of law and can apply our insights and experience to your case.

Slip and Fall Accidents

The Centers for Disease Control and Prevention reports that unintentional falls account for approximately 19,565 deaths annually in the US. About 20 to 30 percent of individuals who undergo a slip and fall suffer moderate to serious injuries including bruises, hip fractures and/or head injuries. Snow, ice and freezing temperatures tend to significantly increase the risk of slip and fall injuries. Black ice is perhaps the most dangerous aspect of winter because it is virtually impossible to see to those walking on it. As such, the accident rate on black ice can be up to five times higher than on dry surfaces.

Liability for Slip and Fall Accidents 

Under the old rule in Massachusetts, a property owner could not be held liable for injuries on their property arising from a natural accumulation of snow and ice. The previous law did not consider the natural accumulation of snow and ice as an actionable property defect. Thus, old cases hinged on whether the accumulation of snow or ice was “natural” or not.

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If you have been injured at your workplace, you may be entitled to compensation for your harm. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts workers’ compensation attorneys are committed to helping every injured client understand their rights under the workers’ compensation system. We understand how daunting a workplace injury can be, which is why want you to focus on your recovery while we focus on getting you the benefits you rightfully deserve.

The Findings on Teen Workers in Massachusetts

According to a recent report released by the Massachusetts Department of Public Health, approximately half of the teenage workers in the state who were hurt at their workplace from 2011 to 2015 indicated that they did not receive health and safety training from their employers. The report analyzed 156 interviews with teenagers who sustained injuries during that five-year timeframe. About 49 percent stated that they did not go through work-related health and safety training and half believe the injury suffered could have been prevented. Data from the Centers for Disease Control and Prevention shows that the nonfatal injury rate for teenagers is almost double to that of workers who are at least 25 years of age.

Massachusetts Workers’ Compensation Law

The Massachusetts workers’ compensation statute is designed to ensure that workers who have been unable to work for five days or more due to a work-related injury or illness receive the appropriate medical treatment and wage benefits for their harm. In order to be covered by the workers’ compensation program, the injury or illness must have occurred within the course and scope of employment. In other words, the injury or illness must have happened ‘on the job.’

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Sadly, truck accidents are far too common. The US Department of Transportation has found that about half a million trucking accidents take place on an annual basis throughout the country. Data from the National Highway Traffic Safety Administration, 5.6 percent of all deadly accidents in Massachusetts involved large trucks. Truck accidents are almost always very serious. If you have been hurt in a truck accident, we urge you to seek the help of a seasoned Massachusetts truck accident attorney who is able to assist you with your claim. At The Law Offices of Barry Feinstein & Affiliates, P.C., we provide each and every client with skilled legal representation every step of the way.

Earlier this week, a tanker truck full of 12,000 gallons of gasoline rolled over and crashed with another vehicle early in the morning. The driver of the truck was pronounced dead at the scene and another man was injured but is currently in stable condition. Fuel spilled out on to the roadway and several hours later – the firefighters, police and highway workers were still laboring to the end the danger. Both sides of the highway were shut down as the fuel was cleaned up. Law enforcement commended the crews on the clean up effort and stated that it was lucky the spill did not become disastrous. The accident is still under investigation.

Compensation for Truck Accident Injuries

If you were hurt in a truck accident caused by a truck driver’s negligence in Massachusetts, you may be able to recover damages for your harm. ‘Damages’ is the legal term that denotes a sum of money awarded as compensation for a loss or injury. Some common examples of damages include, but are not limited to: medical expenses, retaliation expenses, lost wages, pain and suffering, future medical expenses, property damage, disability and more.

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Pedestrian accidents can lead to catastrophic injuries and, in the most serious cases, death. If you have lost a loved one in a pedestrian accident caused by a motorist’s negligence, let our skilled Massachusetts personal injury attorneys handle the case. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are committed to protecting the rights of our clients and helping them secure the maximum possible compensation in their cases. There are strict time limits in all personal injury cases so it is imperative to act as quickly as possible after an accident.

A Boston woman is facing multiple charges in connection with a deadly pedestrian wreck in Revere that took the life of a 5-year-old and left five others injured. Law enforcement states that the woman was driving an SUV when her automobile veered off the road and into a median strip that divides the highway. The pedestrians were reportedly strolling alongside the grass median strip at the time that they were struck. Many of the victims were rushed to the hospital, including a two-month-old girl who ended up in the hospital’s intensive care unit. Prosecutors stated in court that the woman had been drinking earlier in the day and taken a sleep aid as well as a drug to relax her muscles the night before. They claimed the driver had also confessed to vaping CBD oil in the SUV and said she may have dozed off behind the wheel.

Liability for a Pedestrian Accident

Drunk driving is a serious problem in Massachusetts and across the United States. Intoxicated drivers pose a serious threat to everyone else on the road. If you have been injured or someone close to you has been killed in an accident caused by a drunk driver, you may be able to sue the at-fault driver. At The Law Offices of Barry Feinstein & Affiliates, P.C., our skilled Massachusetts injury lawyers are committed to holding negligent parties accountable for the harm that they cause and obtaining justice and compensation for injured victims, as well as their families.

The Stats For Massachusetts 

According to a MADD (Mothers Against Drunk Driving) rating, Massachusetts ranks 36th in the nation for the number of drunk driving traffic fatalities. 31% of fatal auto accidents in the state are associated with drunk driving, and 119 individuals died as a result of driving under the influence in 2016. The Centers for Disease Control and Prevention collected data over a longer period of time, noting that 1370 people died in Massachusetts vehicle accidents that involved a drunk driver between 2003 and 2012. While the national percentage of adults who reported driving after drinking too much over one thirty-day period in 2012 was 1.9, respondents from Massachusetts clocked in at 2.2%, a concerning result, given the number of people anticipated to be driving on state roads this holiday season.

If you are involved in a chain-reaction auto accident, you may have suffered serious harm, and you may have many questions: What should I do next? How can I go about getting a fair payout for the damages I suffered? You are likely contemplating these serious questions while also dealing with the painful after-effects of the accident itself, as well as collateral consequences like having missed work for a time. If you have suffered injuries in a situation like this, you should focus on your personal recovery and consider retaining a skilled Massachusetts injury attorney who can pursue your recovery of damages in court.

Chain-Reaction Accidents

Earlier this year, the online news site wickedlocal.com reported on an accident that took place here in Plymouth County. The accident occurred after a minivan, driven by a 54-year-old woman, allegedly slowed or stopped to make a left turn off Route 104 in Bridgewater. A pick-up truck, driven by a 29-year-old woman, was behind the minivan and purportedly did not stop in time, rear-ending the lead vehicle. That impact pushed the van into oncoming traffic. The van side-swiped an SUV and then crashed head-on into a sedan. The drivers of the truck, the van and the sedan were all taken to hospitals with “non-life-threatening” injuries. The police cited the driver of the truck for following too closely.

The days surrounding Thanksgiving are some of the most dangerous to be on the road. Unfortunately, drivers are often tired, distracted and sometimes even intoxicated behind the wheel. These factors can significantly increase the chance of accident on the road. If you or a loved one was hurt in an auto accident over Thanksgiving, you may be able to make a financial recovery for your losses. At The Law Offices Barry Feinstein & Affiliates, P.C., we are committed to protecting the rights of clients in even the most complex Massachusetts personal injury cases.

This past Thanksgiving was the most heavily-trafficked in more than a dozen years, with over 48.5 million motorists on the road over between Thanksgiving day and Sunday, November 25, according to the American Automobile Association. This was an increase of 2.5 million cars over 2017. This holiday weekend is typically a dangerous weekend for motorists, as accident and injury rates are higher than usual.

Sadly, one Bedford woman was killed on Thanksgiving Day in a head-on collision. Law enforcement say that a 21-year-old man driving a Toyota Corolla reportedly lost control of the car and hit a Honda CR-V that was traveling in the opposite direction. The woman who died was a passenger in the Corolla. Police believe that speed was a factor in the accident although the investigation is ongoing.

When large commercial trucks roll over, they become a serious hazard to everyone else on the road. If you were hurt or your loved one was killed in a truck rollover accident, you may have the right to financial compensation for your injuries. The Law Offices of Barry Feinstein and Affiliates P.C. is a skilled Massachusetts truck accident law firm that is dedicated to helping truck accident victims and their families. Our team is here to provide you with the support you need, as well as relentless advocacy at every stage of the legal process.

Truck Rollover Accidents

A truck rollover accident is an accident in which the truck overturns onto its side or roof. Trucks are particularly prone to this kind of accident because they have such a high center of gravity. Rollover accidents can lead to devastating harm. While only 2.1 percent of crashes involve a rollover, rollover accidents accounted for nearly 35 percent of all deaths from passenger vehicle crashes, according to the National Highway Traffic Safety Administration (NHTSA). Data from the NHTSA also found that over half of all truck fatalities are due to rollover crashes. Truck rollover accidents can have a number of causes, including:

  • Improperly loaded vehicles;
  • Unsecured cargo and freight;
  • Tired drivers;
  • Unsafe lane changes;
  • Excessive speeding;
  • Insufficient truck maintenance.

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Lane splitting can lead to serious, even fatal, crashes. Motorcycle riders are particularly vulnerable being injured in an accident, which is even more reason for these motorists to follow the rules of the road and drive in a safe manner. If you have been injured in an accident involving lane splitting, you may have the right to financial recovery. With years of experience, The Law Offices of Barry Feinstein and Affiliates P.C. is a diligent Massachusetts motorcycle accident law firm that will tirelessly advocate for your rights to maximize your chances of obtaining full and fair damages in your case.

Lane Splitting Accidents

Lane splitting, also known as lane sharing or white-lining, involves a motorcyclist driving between lanes of traffic. In other words, lane splitting is when a motorcycle does not stay in the right or left lane, but rather rides in the middle of the two lanes. Many times, drivers engage in this practice to pass other vehicles on the road. While lane splitting is legal in some states, it is prohibited under Massachusetts law, as it can significantly increase the risk of accidents on the road.

Liability in Motorcycle Accident Cases

When an accident takes place while a motorcycle is lane splitting, the fault of the accident may lie with the motorcycle rider himself or with the other driver. As mentioned above, Massachusetts’ law forbids lane splitting so the fact that the motorcycle was engaged in the practice may serve as evidence of negligence in a particular case. Negligence takes place when a person causes an accident and resulting injury by failing to use reasonable care behind the wheel. Reasonable care refers to the level of care and caution that a prudent person would have used under the same or similar circumstances.

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We all depend on our jobs to support ourselves and our families, which is why a Massachusetts workplace accident can have such a devastating physical, emotional and financial effect on a person’s life. If you have been injured or your family member has been killed in a workplace accident, you may be entitled to workers’ compensation benefits. The team at The Law Offices of Barry Feinstein and Affiliates P.C. thoroughly understands Massachusetts’ labor laws and can help you get the results you rightfully deserve.

A construction worker died last month in an elementary school as he was working on a septic tank after he was fatally hit by a crane. The incident took place at Willard Elementary School where emergency crews pronounced the 55-year-old man dead at the scene of the accident. The Occupational Safety and Health Administration (OSHA) has launched an investigation into the matter but a preliminary investigation shows that the accident was caused by some sort of apparent mechanical failure. The man’s identity has not been released to the public.

Massachusetts Workers’ Compensation

Workers who are injured or become ill as a result of an accident at work may be eligible for workers’ compensation benefits under Massachusetts law. The type of benefits an injured employee will be entitled to will depend heavily on the extent of the injuries sustained, but workers may receive benefits such as compensation for reasonable and necessary medical care; payment for lost wages; compensation for permanent loss of bodily function or disfigurement and vocational training. Workers’ compensation is a no-fault system, which means that the injured employee may be entitled to benefits regardless of who was to blame for the workplace accident.

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