‘Tis the season for holiday parties.

Whether you are out enjoying the season with friends and family, at your company holiday party, or entertaining guests at a restaurant or in your home, we urge you to celebrate responsibly. Not only can you help prevent a holiday tragedy, you will also reduce your chances of being found responsible for accident or injury, particularly in cases where alcohol is involved.christmas-300x225

In recent years, particular emphasis has been placed on employer liability for employee conduct at company holiday parties.

The American Bar Association notes an increasing number of cases nationwide involve traffic collisions or other injury that occurs after a holiday party. In 2013, the ABA even published “The Little Book of Holiday Law,” to address many of the issues around holiday parties and social host liability.

Continue reading

More traffic collisions are occurring in states that have relaxed marijuana laws.

The National Transportation Safety Board reported this week that drug-impaired driving is on the rise across the country, and has been blamed for several high-profile incidents, including a crash last year in which authorities report a 20-year-old man crashed his truck into a church bus while under the influence of marijuana and a sedative. Twelve people on the bus were killed.marijuana-plants-225x300

CBS Boston reports a 2017 study found an overall increase in car crashes in states that have legalized recreational marijuana. Researchers estimated the frequency of collision claims per insured vehicle year, controlling for differences in other factors that could contribute to an accident, including age, location, job status and weather, and still saw an increase. A second study released this week at the  Alcohol- and Drug-Impaired Driving summit at the insurance institute’s Vehicle Research Center, also found an increase of more than 5 percent in the number of traffic collisions.

Continue reading

We are entering the most dangerous time of the year for drunk driving crashes.

Drivers will face increased risks of motor-vehicle collisions involving impaired drivers, from the return of kids to class and the start of the fall football season, through the year-end holidays, the return of winter weather and the start of the new year.  Massachusetts has seen a nearly 10 percent increase in alcohol impaired driving fatalities in recent years, as well as an increase in drugged-driving collisions, with marijuana being the most commonly associated drug found on people killed in crashes. More than 80 percent of impaired drivers in fatal crashes were men, and nearly half were between the ages of 21 and 34.beer-taps-300x225

Chelsea Police are using a state grant to increased impaired driving patrols as we enter autumn. Chelsea Record reports police will join law enforcement across the state, including Massachusetts State Police, in participating in the Drive Sober or Get Pulled Over enforcement campaign.

And Mothers Against Drunk Driving and the U.S. Department of Transportation are already readying holiday awareness campaigns.

Continue reading

Riding a motorcycle in the Greater Boston area, especially on the shore area south of the city, can be a lot of fun.  Many people enjoy being out on the road and experiencing the thrill and excitement of riding a motorcycle with the wind in their face and being exposed to the elements as this can convey a real sense of freedom.

Boston Drugged Driving Accident However, this exposure also means exposure to a much higher degree of danger of personal injury or even death due to less protection for motorcycle riders as opposed to passengers in cars with crumple zones and numerous airbags in the passenger compartment of a traditional vehicle. However, if a negligent driver, or even a driver who is drunk or on drugs causes a serious or fatal crash involving a motorcycle, it is not the fault of the motorcycle rider just because he chooses to use a comparatively more dangerous means of transportation.  Continue reading

According to recent news article from CNN, Katie Arrington was involved in a fatal drunk driving collision as she was on the campaign trail to be a South Carolina representative in the U.S. House. In this accident, the alleged drunk driver hit her head-on and died as a result of the accident.  Arrington was left with serious personal injuries and spent time in the hospital.

Boston Drunk Driving Accident Authorities have alleged the 69-year-old female driver was operating her motor vehicle with a blood alcohol content (BAC) of .153 grams of ethanol per hundred milliliters of blood. This is nearly two times the legal limit of 0.08.  The legal limit is 0.08 not only in the jurisdiction in which this alleged fatal drunk driving accident occurred, but also across the nation, including Boston. Continue reading

Most Boston drunk driving accidents involve one or more personally owned vehicle.  They also typically occur late at night or in the overnight hours after the bars close since this is the most likely time for someone to be out on the road while drunk.  While this is certainly the norm in terms of Boston drunk driving crashes, it is not the only time drunk driving accidents occur in Boston and around the nation and not every accident involves  personal vehicles.

Boston drunk Driving In some cases, we have seen drivers of vehicles, such as a semi tractor trailer or other large commercial vehicle, involved in a Massachusetts drunk driving collision.  Because of the size of these commercial vehicles,  there is so much weight that is transferred into energy in a crash that smaller vehicles and pedestrians or bike riders do not really stand a chance.  These vehicles also take a lot longer to stop than a standard passenger vehicle. Continue reading

With Memorial Day upon us it is a good time to talk about the risk of teen drunk driving accidents as we head into the summer months.

Drunk Driving Car Accident Statistics involving Fatalities in Boston

Drunk driving is not only very dangerous to the person behind the wheel, it presents a grave danger to anyone else on the road. The National Highway Traffic Safety Administration (NHTSA) records indicate more than 10,000 people die each year in the U.S. from alcohol-related traffic crashes.  This number means on average, one person will be killed by a drunk driver nearly every 50 minutes of every day.  Not only is this unacceptable in terms of lives lost, it results in cost to society of around $44 billion each year. There are a variety of factors which make up this cost, but the costs to the victims and their families can be astronomical in terms of  money and emotional pain.  We must remember for each Boston drunk driving accident death, there is a family who is left behind to deal with the pain and suffering. Even in cases which do not prove fatal, there can be tremendous pain and suffering and lives may be altered forever.

Boston drunk drivingIn some cases, it is the passengers in the drunk driver’s vehicle and in other cases, it is pedestrians and drivers or passengers in other vehicles. Due to the higher level of recklessness we tend to see in Boston drunk driving accidents, as compared to accidents in which defendant was acting negligent, but still sober, we tend to see much more severe personal injury.  These are all factors which can make a Boston drunk driving crash more complex from a legal perspective. Continue reading

Drunk driving collisions are among the most dangerous types of car accidents in Boston.  They tend more often to result in fatalities or serious bodily injury to one or more plaintiffs than other “typical” crashes.  While any car accident has the potential to be severe, the reason impaired driving accidents are so often catastrophic is because of the extreme reckless acts so often committed by a drunk driver. Things like wrong-way driving, red-light running and extreme speed all become more common when someone is under the influence of drugs or alcohol. When plaintiffs do survive a serious drunk driving accident, they are often left with severe and lasting injuries including, but not limited to permanent brain damage.

Boston Drunk Driving Accident Lawyer While there is no such thing as a “typical” drunk driving accident, we often see cases where drunk drivers were speeding excessively, operating with a complete disregard for the traffic laws as codified in Chapter 90 of the Massachusetts General Laws (M.G.L.), and the level of recklessness may actually be enough for the police to charge a drunk driver with assault with a dangerous weapon (his or her car) in addition to drunk driving as we can see in a recent example of a serious alleged Boston drunk driving car accident. Continue reading

A recent study published in the Journal of Studies on Alcohol and Drugs revealed 1 in 3 recent high school graduates have ridden with an impaired driver in the last year, and they were more likely to be a passenger of a marijuana-impaired driver than one who is alcohol-impaired. drugged driving injury

Although the prevalence of marijuana use has increased with a growing movement toward cannabis legalization nationally, this behavior remains as risky as ever.

The National Highway Traffic Safety Administration (NHTSA), in a report to Congress last summer, reveals the signs of marijuana-impaired driving may be more difficult to detect than alcohol-impaired driving, but it’s no less dangerous. Marijuana users are about 25 percent more likely to be involved in a crash than drivers with no evidence of marijuana use, according to NHTSA. Some of the ways cannabis impairs a person include:

  • Reduced reaction time and less ability to make decisions;
  • Impairment of coordination, distorted perception, memory loss and trouble problem-solving;
  • Divided attention to tasks.

Safe driving requires the person behind the wheel to be alert and ready to rapidly respond to hazards. While some argue drivers under the influence of marijuana are less of a danger than those under the influence of alcohol, the reality is there is nothing safe about driving under the influence of any substance.  Continue reading

Typically, a worker who is injured on the job in Boston is precluded from filing a civil personal injury lawsuit.  The reason is identified in Chapter 152, of the Massachusetts General Laws (M.G.L.), which stipulates workers’ compensation is a single-recovery system.  If a worker is an employee (as opposed to an independent contractor), and the injury occurred in the course and scope of employment, he or she must file a workers’ compensation claim to obtain recovery. drunk driver injury

However, there are limited exceptions to this preclusion. One is when injuries result on-the-job due to negligence of a third party. This person is not the employer or a co-worker or a manager. Negligence of contractors, vendors and completely separate third parties may be grounds for third-party litigation.

Because so many people drive in the course and scope of employment and because drunk driving is such a prevalent problem, we see many cases wherein workers are harmed by drunk drivers. These individuals may claim workers’ compensation coverage, and also pursue third-party litigation against the drunk driver and other responsible third parties.  Continue reading