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Warm weather means more bicycles on the road. While bicycling is a fun activity and a great way to exercise, it can be dangerous. Motorists often ignore or fail to pay attention to bicyclists on the road, causing serious and sometimes deadly accidents. If you are a bicyclist who has been hurt in an accident caused by a motorist’s negligence, you might be eligible to recover monetary compensation. Our Massachusetts bicycle accident attorneys are devoted to protecting the rights of injured bicyclists across the state.

According to the League of American Bicyclists (LAB), Massachusetts ranks as the fourth most bike friendly state in the country. The state boasts 36 bicycle friendly businesses, 12 bicycle friendly communities and 7 bicycle friendly universities. LAB is a membership organization that promotes cycling for fun, fitness and transportation through advocacy and education. One of LAB’s goals is to create safer roads and a bicycle friendly nation. While Massachusetts is considered to be a bicycle friendly state, the truth is that accidents do happen. In fact, there were 10 bicyclist deaths in 2016 and 2017. In 2018, bicycle fatalities dropped to 6 and in 2019, there have been 3 bicyclist deaths to date.

Aside from a helmet, bicyclists have no real protection in the event of an accident. This level of exposure can lead to serious, even deadly injuries to the bicyclist who is hit by an oncoming automobile. Sadly, most vehicle-bicycle collisions are the result of driver inattention. Distracted drivers often strike or sideswipe bicyclists, especially on roads where there are no designated bike lanes. If a motorist’s negligence caused your bicycle accident and resulting injury, you may be able to recover compensation. In Massachusetts, negligence refers to the failure of an individual to exercise reasonable care, thereby causing injury to another. Reasonable care refers to the duty to act in a way that a prudent person would act in the same or similar circumstances. Winning a negligence claim requires establishing the following: i) the defendant owed the plaintiff a duty of care; ii) the defendant breached the duty of care; and iii) the defendant’s breach was a direct cause of the bike accident and plaintiff’s resulting injury.

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Cement truck drivers require a certain level of skill and experience to operate their vehicles since the trucks can weigh up to 30,000 pounds and often carry an additional 30,0000 pounds of wet concrete. This weight, coupled with the size and speed at which these trucks move, can lead to devastating injuries and fatalities in the event of an accident. If you have been injured in a collision involving a cement truck, it is vital to consult a Massachusetts truck accident lawyer who can help. Our goal is to help you and your family obtain the maximum possible compensation in your case.

A head-on crash in Bedford killed an elderly grandfather earlier this month. The crash, involving a Honda CRV and a cement truck, took place around 1:30 in the afternoon. According to law enforcement, the driver of the SUV had been traveling southbound when he crossed over the double yellow line and crashed into the cement truck head on. After the accident, the cement truck ended up losing all hydraulic power, causing it to strike a utility pole, including a transformer. The truck driver declined medical treatment. The man’s 10 and 11-year-old grandsons were in the vehicle at the time of the wreck. The two boys are recovering at the hospital after suffering non-life threatening injuries. Police say the boys survived the crash because they were wearing a seat belt at the time of the collision.

In a cement truck accident lawsuit, the plaintiff has the burden of establishing fault. This is typically done by showing that the truck driver’s negligence led to the accident and resulting harm. Negligence takes place when a driver fails to use reasonable care while driving, thereby causing an accident. Reasonable care refers to the level of care that a reasonably competent truck driver would have used under the same or similar circumstances. As such, the plaintiff will have to prove, by a preponderance of the evidence, that it’s more likely than not that the defendant failed to use reasonable care behind the wheel and this failure was a direct and proximate cause of the plaintiff’s injury.

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Compared to the occupants of cars, trucks, and buses, motorcycle riders have little protection to shield them from the impact of colliding with another vehicle. Sadly, this means that injuries suffered by motorcyclists are often significant and even life threatening. If you or someone you love has been hurt in a motorcycle crash, call us for a free consultation about your legal options. Our Massachusetts motorcycle accident attorneys understand how to handle even the most complex personal injury cases. We can help value your claim and help you seek the maximum compensation possible in your case.

A recent study released by the National Highway Traffic Safety Administration (NHTSA) highlights that most motorcyclists do not wear any reflective clothing such as jackets, pants, boots, gloves or helmets that would make them more visible on the road. Those who wore visibility gear said their decision to do so was based on a rider they personally knew being killed or seriously injured in a wreck. This is a huge problem as motorcycle riders are significantly over-represented in traffic deaths. In fact, the NHTSA found that more than 5,000 motorcyclists are killed in accidents every year, and many of these accidents are attributed to the rider not being seen by motor vehicle drivers. In every group, participants said that drivers do not look for motorcycles and are frequently distracted by cell phones.

In order to obtain compensation for a motorcycle injury, the rider must establish the elements of negligence by a “preponderance of the evidence.” This requires convincing the jury that a plaintiff’s version of events is more likely than unlikely. Put another way, there is greater than a 50 percent likelihood that the plaintiff’s assertions are true. Each of the following four elements of negligence must be established before any compensation can be recovered:

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No matter how careful a driver is behind the wheel, the reality is that anyone can get into a car accident at any time. In the unfortunate event that you get into a wreck, you need to reach out to one of our Massachusetts car accident lawyers. We will evaluate the specifics of your case and help you learn more about your options. We fully understand the physical, emotional and financial toll that a car crash can have on a victim and his or her family, which is why we will handle your case with the utmost zealousness and compassion.

Allstate Insurance recently released America’s Safe Drivers Report for 2019 which ranks the country’s 200 metropolitan areas according to how often their residents get into car accidents. Unfortunately, three cities in Massachusetts ranked among the top 15 areas where you will find the worst drivers in the country, along with “risky roads” where the highest number of collisions tend to take place. Route 93 in Boston ranked is third place, Main street in Worcester comes in at fourth place and Interstate 91 in Springfield is ranked in seventh place. Not a single city in Massachusetts made the list which ranked the 15 cities where the roads are populated with the safest motorists in the country. As you may expect, researchers found that areas where drivers get into accidents least frequently happen to be less densely populated.

Just like in every other state, drivers in Massachusetts have a responsibility to drive safely and obey traffic laws. Negligence takes place when a person fails to use reasonable care behind the wheel and, thus, causes an accident and resulting injury. Reasonable care is defined as acting with the degree of caution that a rational person would exercise under the same or similar circumstances. For example, if a person caused an accident because he or she was excessively speeding, that person will likely be deemed negligent and on the hook for the resulting harm.

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Medical injuries can have a devastating impact on a patient’s life. If you have suffered as a result of  inadequate or negligent medial care, our malpractice lawyers can help you get the compensation you deserve. This is a difficult area of law, and having a knowledgeable legal advocate on your side can make all the difference in your case. You can trust that we are devoted to fighting for the rights of medical malpractice victims across the state of Massachusetts.

A Massachusetts state jury recently awarded $11.5 million in a lawsuit alleging that a radiologist misinterpreted an X-ray, which directly led to a toddler suffering cardiac arrest resulting in permanent brain damage. Some time afterwards, the family of the toddler filed a case against the radiologist alleging medical malpractice. After an 11-day trial and deliberation lasting two days, a jury found that the radiologist was negligent for not properly diagnosing the patient’s enlarged heart, which appeared on a chest X-ray. The lawsuit alleged that the radiologist’s failure to react to the child’s heart problem properly ultimately caused her to suffer long-term neurological injuries. In other words, the plaintiff’s argued that had the toddler’s heart condition been diagnosed and treated properly, she would not have suffered the heart failure and cardiac arrest that led to permanent neurological injury.

In Massachusetts, medical malpractice takes place when you suffer an injury due to the negligence of a medical professional. In order to establish negligence you must show that the medical professional breached the standard of care, and that the breach caused the injury or damage in question. The standard of care denotes the generally accepted standard of a similarly qualified professional providing the same treatment. As such, the standard of care differs in every case. For instance, a family doctor will be held to a different standard of care than an ophthalmologist. Negligence can occur at various stages of treatment. Examples of medical malpractice can include misdiagnosis, delayed diagnosis, medication errors, surgical mistakes and breaches of informed consent.

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Bicycle accidents can cause devastating injuries. If you have been hurt in a bicycle accident, you may be able to seek monetary damages for your injuries and losses. Our reputable Massachusetts bike accident lawyers have over 25 years of experience and understand what it takes to advocate for your rights. We will examine the circumstances surrounding your accident and devise a legal strategy accordingly.

A 32-year-old Brewster man was left critically injured when a driver hit his bicycle and fled the scene. The incident took place just after 9:30 pm on Millstone road where the victim, when riding his bike, was hit by a vehicle – potentially a Sedan. The victim was rushed to a hospital by Medflight and has already undergone two surgeries. He was also in a coma and is now sedated. Police are still investigating the case, as the driver still has not been located. The victim’s family is pleading for information from anyone who may know anything about the crash.

Sadly, bicycle accidents happen quite frequently. The National Highway Traffic Safety Administration (NHTSA) found that 783 bicyclists died in traffic accidents in the country in 2017. As you may expect, when an accident takes place between a vehicle and a bicycle, it is the cyclist that is most likely to be hurt. Bicycle riding is very popular in parts of Massachusetts. In fact, ridership more than doubled from 2007 to 2015. The Massachusetts Bike Coalition reports that there were 10 bicyclist fatalities in 2017 and 6 bicyclist deaths in 2018.

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Tractor-trailer accidents can lead to devastating injuries, but compensation may be available. If you have been hurt in a trucking accident, you need to speak to a Massachusetts truck collision lawyer who is familiar with state and federal laws that govern trucks and truck drivers. This is a complicated area of law and having an experienced legal advocate by your side can very much impact the outcome of your case.

A tragic crash killed seven motorcyclists in New Hampshire last month, making it one of the deadliest accidents in the state’s history. Many of the victims were veterans. The accident occurred when a 23-year-old truck driver from Springfield, Massachusetts crossed a double yellow line into the eastbound lane of the highway where it struck a group of 10 motorcyclists, members of the Massachusetts chapter of the JarHeads Motorcycle Club. Seven of the motorcyclists died, while the other three were rushed to the hospital. The truck driver was charged with seven counts of vehicular homicide.

Shockingly, it was revealed that the Massachusetts Registry of Motor Vehicles (RMV) should have terminated the truck driver’s commercial license a long time ago due to a series of serious traffic infractions, the latest of which involved a drunk driving arrest one month prior to the catastrophic accident. Upon further investigation, it turns out that RMV officials ignored tens of thousands of alerts that Massachusetts-licensed drivers had broken driving laws in other states. As a result, at least 540 drivers who should have had their Massachusetts licenses suspended were able to stay on the road.

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A workplace injury can be both devastating and disruptive to a victim’s life. If you’ve been hurt while working, our Massachusetts workers’ compensation attorneys understand how much of a nightmare this situation can be, which is why we will zealously try to get you the workers’ compensation you deserve.

In a recent case, the Massachusetts Court of Appeals dealt with a case in which a live-in care provider was seeking workers’ compensation benefits for injuries that she claims were sustained while working in the home of an elderly woman. The elderly woman’s daughter had made the arrangements for the worker. The worker was given room and board in exchange for providing two hours of daily care to the elderly woman by sitting with her during the day, walking with her if she got up since the elderly woman was thought to be a fall risk, and doing other work such as washing dishes, sweeping and cleaning the bathroom. The worker stated that, in reality, she worked at least five hours a day and even up to 12 hours a day when there was no one else who could sit with the elderly woman.

One day, as the worker was walking down the stairs of the home, she fell and sustained an injury. She was no longer able to work and moved out. The worker then filed a claim with the Workers’ Compensation Trust Fund (WCTF) because the elderly woman did not carry workers’ compensation insurance. Due to a number of issues in the case, the judge determined that the worker was an employee of the elderly woman and her daughter. The judge also determined that the employee’s injury did, in fact, arise out of and was in the course of her employment. As such, the WCTF and the injured worker settled.

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Motorcycle crashes are often especially severe due to the physical vulnerability of riders compared to those in cars around them. These wrecks can cause serious injuries such as broken bones, paralysis or brain injuries. If you’ve suffered an injury in a motorcycle accident, our skilled Massachusetts motorcycle accident lawyers will assist you in obtaining the compensation you deserve following a crash. We will focus on the legalities so you can focus on healing.

A 25-year-old Massachusetts man recently died in a tragic motorcycle wreck in Portsmouth. Police officers were dispatched to the area around 4:45 p.m. after receiving calls about a serious accident. According to law enforcement, the man was on the on-ramp to the northbound side of the highway at the time of the crash. He was immediately transported to Charlton Memorial Hospital in Fall River, where he was pronounced dead. The police did not release the victim’s name. No other vehicles or individuals were involved in the accident

If a motorcycle crash is caused by someone else’s negligence, the victim can potentially file a personal injury lawsuit to recoup compensation for his or her injuries and losses. While the damages will vary in every case, an injured rider can generally seek compensation for medical expenses, property damage, pain and suffering, loss of enjoyment of life, and other damages.

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If you have been injured in a mishap that was someone else’s fault, you can potentially recover monetary damages through a personal injury lawsuit. At The Law Offices of Barry Feinstein & Affiliates, P.C., our diligent Massachusetts injury attorneys have worked in this legal space for over 25 years and have a thorough understanding of how to pursue the compensation you deserve. Having helped countless clients, we know how stressful a serious injury can be for you and your whole family, which is why we will focus on your case so that you can focus on healing.

In a recent case, the Massachusetts’s Supreme Judicial Court (SJC) was asked to address the circumstances under which an injured victim is required to give 30-day notice for accidents involving road flaws. The facts of the case are as follows. The plaintiff was hurt on his bike and struck a utility cover that was not properly aligned with the street surface. The plaintiff then sued the city. The city declined responsibility saying that an energy corporation was at fault for the improperly aligned cover. The plaintiff subsequently sued the energy company. However, the judge dismissed the claim citing plaintiff’s failure to provide notice to the company within thirty days of the plaintiff’s injury, as necessitated by a state statute. Specifically, M.G.L. c. 84  § 15 of the Torts Claims Act requires an injured person to provide notice of the injury within 30 days to the county, city, town or “person by law obliged to keep said way in repair.”

Ultimately, the SJC reversed the lower court’s decision, holding that the statutory requirement of notice within 30 days to a potential defendant purported to be accountable for road defects giving rise to injury only applies to  government defendants but not to private sector defendants. The court explained that the road defect and notice statutes apply to the government and quasi-government parties responsible for the public duty of preserving the public way and not to a private party, such as a corporation, that has created a specific defect in the road. This is true even when a private corporation is permitted by the government to fix a particular road defect. Thus, the plaintiff in this case was not required to give thirty days’ notice to the corporation and the corporation could be sued without such notice.
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