The Kickham Comment - Boston Accident Lawyer Blog
By now, almost everyone in Massachusetts, as well as people around the country, have learned of the operational disasters inside the Massachusetts Department of Transportation (“Massachusetts DOT” below) and Massachusetts Registry of Motor Vehicles (“Massachusetts RMV” below), which led to the simultaneous deaths of seven motorcyclists in June in New Hampshire in one horrific accident. Almost all of the victims of this tragedy were war veterans who had served overseas, when they were all struck by a truck driver whose Massachusetts driver’s license was not suspended as it should have been by Massachusetts DOT and Massachusetts RMV officials, due to multiple prior out of state driving violations that the RMV had been notified of, but never acted on. Aside from the seven persons killed in that crash, three other persons were very seriously injured. The truck driver who hit these people was not injured. When the accident occurred, that truck driver was on Route 2 in Randolph, New Hampshire, driving a black 2016 Dodge 2500 pickup truck towing an empty car carrier trailer, when he veered into the motorcyclists, members of the “Jarheads Motorcycle Club” (“Jarheads” is a term that is often used to refer to soldiers.) Continue reading
Recent Massachusetts Drowning Deaths Remind All: Tragedy Doesn’t Take A Holiday
I’ve written about this topic before during summer, but it bears repeating, especially in view of some recent Massachusetts drowning accidents: Unless someone is an expert swimmer, swimming is & always has been a hazardous activity. Of course – who doesn’t want to dive in to a nice cool pool, pond or ocean when it’s summer and hot outside? That’s perfectly normal and natural. I don’t intend to be a “killjoy” here, but in my experience as a Massachusetts drowning accident lawyer, too few people – especially kids and even their parents – stop to think how dangerous this fun activity can really be.
One accidental gulp of water, one disorienting plunge underwater, one wrong-way fall into the water, and a swimmer can end up in real trouble, in a couple of seconds. Panic then ensues, and the swimmer can lose his or her clear thinking, and slip underneath the water. I’m sorry to be so direct, but the next stop can be brain damage from lack of oxygen. Just this past Monday, an 18-year-old lost his life while swimming at Upper Mystic Lake in Medford. According to the Middlesex County District Attorney’s office,(Note: District Attorneys’ offices always investigate accidental deaths as a matter of standard procedure) the young man – a recent immigrant from Nepal who graduated only days before from Medford High School – did not know how to swim. Like many kids, all he knew was that he was hot and wanted to jump in the water. He had planned to attend UMass Amherst in the fall; now he is dead.
And this wasn’t the only drowning tragedy this year in Massachusetts — in June, Clinton High School freshman drowned in a pond. Unfortunately, if statistics hold true, this won’t be the last time this happens this year. The USA Swimming Foundation conducted a study in 2017, which found that over 60 per cent of children are a drowning risk – because they have basically don’t know how to swim safely. (No, safe swimming isn’t just jumping into the water.) Low income areas can see higher rates of the problem: It’s been reported that almost percent of kids from low income families have no to very limited swimming skills.
Boston & Brookline Allowing Electric Scooters: A Terrible Idea
For years in Massachusetts, electric scooters, as a means of transportation (vs. recreation), were illegal in almost all cities and towns. In the past few months, however, the Boston City Council (not a body known for its intellectual acumen or common sense), voted to allow a pilot program that allows these “vehicles” into Boston. So has the town of Brookline, at least for this summer.
Under the program in Boston, officials there can issue ‘pilot licenses’, can supposedly limit the number of licenses granted each year, and can supposedly control how many vehicles can be utilized at a given time. So far, two scooter companies have injected themselves into the metropolitan Boston area: Bird and Lime. Other provisions supposedly require companies owning these vehicles to submit ‘safety plans’ (whatever they are), and supposedly detail how those scooter companies plan to communicate safety information to people riding these things. Did you notice how many times I wrote “supposedly”? That’s because the introduction of dangerous items like small, electric scooters, is an example of how some ideas, in a theoretical context, cannot be effectively managed in a practical context. Call it the “theory-practice” divide – and the idea of hundreds or even thousands of people all over the Greater Boston area whizzing around on these things – with no direction signals on them and no operator’s licenses being required to use them, is a disaster just waiting to happen.
Exhibit ‘A’: In the town of Brookline, where I grew up and was previously an elected Town Meeting Member, a scooter operator was injured on the first day of that town’s pilot program allowing the use of these death traps. Why do I call them “things” and “death traps”? Let me count the ways:
I’ve been injured in a Massachusetts Uber Accident. Now What?
Welcome to the New World of transportation. A taxi? What’s that? Most people now turn to their smartphone for an Uber (or Lyft) ride. Actually, the New World of ride-sharing services (“Transportation Network Companies”, as they’re known legally), have been around since about 2016 or so. While many people are familiar with how they can summon and pay for a ride-sharing service on their smartphones, very few people know how the legal system works in Massachusetts if they are injured either while a passenger in an Uber or Lyft ride, or hit and injured as a pedestrian by an Uber or Lyft driver. This is a really important topic.
Actually, “old-style” taxis and cabs, are a good jumping-off point to discuss the legal and liability insurance differences with ride-sharing services. I’ll try not to bore you here, so here’s the short version: Because of the powerful political influence that the conventional taxi industry carried on Beacon Hill for many, many years, taxis and cabs in Massachusetts were only required to carry bare minimums in bodily injury liability insurance coverage on their vehicles – a paltry $20,000 in liability coverage. An amount that low would barely cover the bills and expenses that a person injured in a Massachusetts taxi accident would likely face: Hospital & medical bills, lost wages and compensation for pain & suffering. For many years, if you were injured in or by a taxi, you’d have to hope that your damages were very low.
Thankfully, that liability picture has changed with the explosion of ride-sharing services like Uber and Lyft. Now, if an Uber driver in Massachusetts is negligent and causes an accident that results in someone’s injury, passengers and pedestrians have expanded legal options in seeking compensation for their injuries. The Massachusetts Ride Sharing Bill, which became law in August 2016, created the state’s first regulations for ride-sharing services like Uber. Under this law, such drivers must now carry at least $50,000 of coverage for bodily injury claims per individual, a minimum of $100,000 of coverage for bodily injury claims per accident and $30,000 of coverage for property damage, uninsured motorist coverage and personal injury protection. (We can explain all those to you when you call us.) The transportation network company must pay for excess insurance coverage, above those limits. The cost of this liability insurance coverage is shared by both Uber corporate and individual Uber drivers. A massive improvement from the measly $20,000 of coverage that the taxi industry got away with for years, no? That’s great news! As Massachusetts Uber accident lawyers, that enables us to obtain far higher financial damages and compensation for clients injured in Uber accidents.
Massachusetts Nursing Homes Fined & Banned: Not Punishment Enough
I’ve written many times in this blog about how far too often I’m called by clients and prospective clients, reporting their suspicions that a loved one or friend in a nursing home is being neglected or abused. As a Massachusetts nursing home neglect & abuse lawyer, I see these cases too often, and I can assure you that they are among the saddest – and most infuriating – of injury cases that I litigate.
Just yesterday, Massachusetts Attorney General’s office reported that it was imposing fines on seven Massachusetts nursing homes for substandard care, revolving around cases of patient neglect or abuse. The fines range from a low of $30,000 to a high of $200,000. As part of this civil settlement (and the civil nature of this action is key to this post,) these nursing homes will be – supposedly – required to “improve staff training”, conduct yearly self-audits of their progress, and report that progress to the attorney general’s office for the next three years. While some might see this as severe disciplinary action against these nursing homes, as a Boston nursing home abuse attorney, I find these actions lacking in more severe punishment, and lacking in tougher oversight of these businesses. Example ‘A’: Exactly what does “improve staff training” mean? It’s vague and nonspecific, as an attorney I have little idea of what it means, and I’m sure that these nursing homes don’t have any specific ideas, either. Worse, Example ‘B’: The “auditing” – i.e., oversight – that these nursing homes are required to follow up on, is self auditing – not auditing and oversight conducted aggressively submitting by an independent authority such as either the Attorney General’s office, or the Massachusetts Department of Public Health. Expecting a nursing home to self-audit its “improvement” is like asking a physically abusive person to report to authorities that he doesn’t push anyone around anymore, and expecting that person to be honest. If anyone in the Attorney General’s office thinks for one minute that these businesses will honestly, aggressively and diligently police themselves, I have a bridge I can sell them a bridge in Brooklyn.
What was needed here was criminal prosecution, not merely civil fines and ‘settlement agreements.’ The neglect and abuse that these nursing homes were found to have engaged in, was not merely ‘troubling’, but sickening: One patient was dropped by aides, and broke her legs. The staff knew about the injuries, but didn’t report it for over a day. The patient died after suffering massive internal bleeding. Two other patients bled to death after suffering cuts that were not attended to. Another died from a fatal medication error, and others were negligently allowed to wander off the property. Yes, hitting such substandard and negligent nursing homes with financial fines will hurt them – but only temporarily. Financial penalties, alone, won’t be enough to stem the tide of Massachusetts nursing home neglect and abuse. As an attorney who specializes in nursing home neglect & abuse cases, I see the failure of the state to criminally prosecute these businesses, as analogous to the state failing to criminally prosecute the Catholic church for failing to stop sex abuse of children and minors by clergy members – instead expecting church leaders to police themselves. Such myopia, and frankly, stupidity, is stunning. Had criminal prosecution of church authorities been pursued a long time ago, that crisis never would have escalated to the level that it did.
Recent Practice Development: Atty. William D. Kickham Admitted to United States Supreme Court
While this blog’s purpose is to help clients, media and the public better understand important legal issues affecting criminal law and injury law in Massachusetts, my post today has to do with some bragging rights.
On March 4 2019, I was sworn in at the United States Supreme Court in Washington, D.C. to become a member and officer of the Court. The ceremony took part along with other selected members of the bar and Suffolk University Law School. Obviously, I was very proud of this accomplishment, as not every practicing attorney is admitted as a member of the U.S. Supreme Court. A nomination to the Court must first be submitted by a sponsor who is a member of the Court, and certain credentialing criteria have to be first met before the nominee will be considered. This accomplishment distinguishes me as having reached a very high level of professional achievement and credentialing in my fields of practice, and I would be displaying false modesty if I said it was “no big deal.” But I would never have had the chance to achieve this level of professional recognition, if a lot of people along the way hadn’t invested their confidence in me as an attorney and an individual. Those people range from my clients of many years ago to my clients of today, to fellow attorneys, and to mentors that I looked up to. In life, we all provide each other wisdom, professional and personal. I’m grateful for the opportunity to produce the superior legal results that I do for my clients.
I hope that this career accomplishment instills even further confidence in people to turn to me when they have a legal problem or issue that needs the counsel of an effective and experienced Massachusetts attorney, especially in the fields of injury/accident law and criminal defense law. There are a great many lawyers and law firms to choose from these days, and I’m flattered each time someone calls me to represent them or to provide them legal counsel.
Massachusetts Drivers: Clear Snow & Ice From Your Vehicle Before Driving, or Get Off The Road
Following up on my previous post on this topic, not only is not clearing one’s vehicle of ice and snow before your drive foolish, inconsiderate, and potentially deadly, in Massachusetts it’s illegal. Not because our myopic legislators have had the motivation to enact a specific stature mandating removal of snow & ice from the hoods, roofs and trunk lids of their vehicles (that would be too sensible, after all.) It’s illegal due to a handful of other motor vehicle operation statutes – and police departments across the state have shown they are very willing to cite drivers for violations of those statutes, which are as follows:
- M.G.L. Chapter 90, Sec. 13, which addresses safety precautions for proper operation and parking of vehicles. This law prohibits anything on or in a vehicle that interferes with proper operation of the vehicle. And yes, snow and/or ice on car’s surfaces – especially the roof and hood – meets this definition.
- M.G.L. Chapter 85, Section 36, addressing unsecured vehicle loads. Violation of this statute imposes fines of up to $200 – and if an accident were part of the vehicle stop and a driver was cited with this violation, that citation will put the driver cited at a serious disadvantage in any civil liability case that followed as a result of any Massachusetts motor vehicle accident.
Flying Snow & Ice From Massachusetts Drivers: Can You Say Deadly?
Whether it’s politically correct or not, I have to say it: Some people really amaze me with their level of foolishness – or downright stupidity. These days, people just seem to lack ordinary, run-of-the-mill common sense. Whether it’s (literally) racing to supermarkets, to (again, literally) raid the shelves for food if a weather forecast involves a mere 2-4” of snow, or in general acting like brainless idiots, so many people truly amaze me. Here in the greater Boston area, depending on one’s location, somewhere between 2-4” or perhaps 3-6” of snow was forecast this past weekend. Result? Madness on the roads, everywhere (even though not a flake had yet fallen). The shelves of nearly every supermarket, were emptied of anything that could be reached. I noticed one very haggard-looking checkout clerk in a supermarket, and commented that she must have been exhausted from the day. She looked at me and said (with much insight), “For a few inches of snow. People are insane these days.” She captured that thought pretty well. One person told me that he went to get gas at a local Costco gas station this past weekend. There were so many cars at that Costco, (thousands, as he recalled it), that it took him over 2 ½ hours to get gas and leave.
Because 2-4” of snow had been forecast (of which 1” actually fell; not unusual). Amazing.
Care to know what else is amazing? The fact that in winter (which in Massachusetts, we’re now in the pit of), people will clear their vehicle windows of snow & ice, but won’t clear the snow & ice from their vehicle hoods and roofs. Result? Once the vehicle heats up, and speeds of as low as 20 MPH are reached, huge chunks and layers of that snow and ice will become airborne missiles, hitting cars and trucks behind them as though they were giant boulders. Large chunks of snow & ice, once airborne, accelerate to the force that snow-making guns throw at ski resorts. The larger the chunk, the heavier it is, and these large, heavy chunks of snow & ice can hit a vehicle behind it with as much speed as hitting a small deer. Even with smaller chunks of snow & ice, these size projectiles can hit your vehicle with the speed of a baseball pitch. Apparently, these clueless drivers think the snow & ice on their hoods and roofs are cemented there until spring, when an auto mechanic will remove them with special equipment.
Resolution: Make It A Safer New Year in 2019
As I was pondering what to write about this New Year’s Eve 2018, I thought about various topics of Massachusetts injury law that I could talk about to my readers. Defective and dangerous products? Medical negligence? Commercial property slip & fall accidents? Construction site accidents? Workers compensation? Wrongful death? There’s a lot that I could write about.
But two areas stand out as requiring greater attention and vigilance both in the new year, and every year. And they are these:
- Cell phone use when driving, and 2) Nursing home neglect & abuse.
Boston Truck-Bike Fatality At The Science Museum: Another Death, and Solutions Seem Elusive
Tragically, it happened again yesterday: Another death from a bicyclist being hit by a motor vehicle – in this case, a dump truck. Given the large number of bike riders on the traffic-congested streets in and around the Boston area, it was only a matter of time. And worse, it will only be a matter of time until the next such Massachusetts pedestrian-motor vehicle accident happens.
According to media reports including The Boston Globe, the bicyclist who was killed in the collision was named Meng Jin, and he was a 24 year-old Boston University graduate student from Shanghai. Boston University’s official news site, BU Today, also released this information. Technically, the collision occurred in Cambridge, but it was only feet from the Boston city line and the Science Museum, at the intersection of Monsignor O’Brien Highway and Museum Way. Massachusetts State Police reported that the young man was taken to Massachusetts General Hospital, where he was pronounced dead due to his injuries. Continue reading