The Law Offices of Joseph J. Cariglia, P.C.
Free initial consultation
866-491-6561 | 508-762-4327

Worcester Personal Injury Law Blog

Drowsy driving auto accident stats could be worse than thought

Massachusetts drivers know that there are inherent dangers when heading out on the road. That includes distracted drivers, drunk drivers and people who are reckless or negligent. Another issue that can cause a car accident is a drowsy driver. While this is a worrisome problem, its scope might have been underplayed. According to a report by the AAA Foundation for Traffic Safety, it is possible that drowsy driving can be up to eight times more prevalent than previously thought. Those who have been in an auto accident should be cognizant of these statistics to determine if a drowsy driver led to the crash.

In this study, AAA examined dashboard videos from 700 motor vehicle accidents. It determined that drowsy driving was a factor in 9.5 percent of them. It was also a factor in 10.8 percent of serious incidents. This contradicts federal studies that show drowsy driving to be an issue in 1 to 2 percent of accidents. If AAA is accurate in its estimates, drowsy driving can be as dangerous as distracted driving. With the Centers for Disease Control stating that less than one-third of American drivers get enough sleep -- less than seven hours -- this is an issue that must be addressed.

Key points about vocational rehabilitation for an injured worker

When a Massachusetts worker is injured on the job and receives workers' compensation, it does not necessarily mean their injuries will prevent them from ever working again. There could, however, be a problem getting back into condition to do the same job as before. This is where vocational rehabilitation (VR) comes in. With VR, the goal is to get the person back to work. Understanding how VR can affect workers' compensation benefits is key after the injury or condition prevents the person from working the old job.

There are four options related to VR. If the worker cannot get back to the previous job, there will be an attempt to modify it so the person can return to work for the same employer. If that fails, there will be an attempt to find a different job with the same employer. Next, there will be an attempt to find a different job with a different employer. Finally, there can be an attempt at retraining the worker. The Office of Education and Vocational Rehabilitation (OEVR) will conduct a review of the worker's medical history, education and employment history. For those deemed eligible, the OEVR will ask that the insurance company set up VR.

Exhaustion and fatigue can lead to commercial truck crashes

People who drive commercial trucks do not have easy jobs. They often have to help load and unload their vehicles. They drive many hours straight, with very little outside interaction. No matter what the road conditions or weather is like, their employers or clients still expect on-time deliveries. That can lead truck drivers to make questionable choices that put other people on the road in unnecessary danger.

Fatigue and exhaustion impact your ability to quickly respond to sudden changes in the environment. They can also make it harder to focus on the road. They can even lead to drivers falling asleep at the wheel. All of this is dangerous when the vehicle in question is a typical passenger vehicle. When it's a multiple-ton commercial truck, however, the outcome can be tragic.

Elderly driver hits car wash employee causing serious injury

People who work in Massachusetts jobs around moving vehicles will inevitably find themselves in harm's way. This is not limited to people who work on the road. It can apply to people who are in a parking lot or even a car wash. When there is a car accident involving a pedestrian or a worker who is not in a vehicle, there can be serious injury, even death. Those who have been hurt in this type of incident should understand that they will be confronted with medical expenses and major problems.

A car wash employee was injured when a vehicle ran over and dragged him. After emergency crews were called, the man was found trapped beneath a minivan. According to the investigation, the man was dragged around 40 feet after the vehicle left the car wash. The driver stated that he did not realize he had hit the workers. He believed he had run over a speed bump. The worker was taken to the hospital via helicopter. The worker is 69, and the investigation is continuing.

Workers' compensation, independent contractors and subcontractors

One common dispute regarding workers' compensation benefits in Massachusetts is who is considered an employee and who is not. This is an important consideration when there is a person who is injured while working, and they need workers' compensation to determine if they are eligible for it. That eligibility can be a problem. In the state, an employee is a person who is in the service of another under any contract. That includes an oral contract, a written contract, express or implied.

There are certain automatic exemptions. They include seamen who are working in foreign or interstate commerce; salesmen how sell consumer goods or real estate and work on commission, sell or buy apart from retail and do so with a contract saying they are not employees; taxi drivers who lease their vehicles; and those who are working in foreign or interstate commerce and are covered by federal law for compensation or death.

Dram shop laws help victims after a drunk driving crash

Drunk driving continues to be a serious issue in Massachusetts and across the United States. Far too many people make the bad decision to get behind the wheel after a few drinks. Adult drunk drivers often face criminal charges and lawsuits if they cause an accident while under the influence. However, many times, these individuals end up convicted and unable to compensate the victims of their bad decisions.

In addition to potential limits to insurance claims, a personal injury lawsuit against a convicted drunk driver often doesn't yield adequate compensation. Many times these people simply do not have the financial resources to make amends for the damage they cause. Thankfully, Massachusetts law provides an alternative option for those struggling with financial losses caused by a drunk driver.

Distracted driving continues to be a problem with new devices

Every driver, bicyclist and pedestrian in Massachusetts will undoubtedly have a story of encountering a distracted driver. The issue has become so prevalent that municipalities are seeking laws and new methods to put a stop to the practice. Similarly, companies that manufacture smartphones and other devices are trying to formulate ways to make it safer for use. Regardless, studies indicate that the dangers of distracted driving are real and can lead to a car collision with injuries and fatalities.

A report issued by the AAA Foundation for Traffic Safety shows that people who are driving and using cellphones at the same time to text or surf the web face a likelihood of a crash that is two to eight times more frequent than those who are not using their phones for those purposes. People who are talking on their phones while driving are as much as four times as likely to be in a car accident. This information is an update to research that was done in the past. Some of the information is up to a decade old.

Worker falls down shaft in construction site accident

While workplace injuries can happen with any job in Massachusetts, jobs are more inherently dangerous than others. One that places workers at risk, no matter their caution and vigilance, is construction work. Because these jobs can leave workers so prone to injury, it is imperative that those who suffer injuries in a construction accident understand their rights to seek workers' compensation and perhaps, consider a legal filing for their injuries.

An accident at a construction site where a casino is being built sent a worker to the hospital. The accident occurred at around 7:15 a.m., not long after the man began his shift. In the incident, he fell down an elevator shaft. When the man was found, he was said to be awake and alert. He was taken to the hospital. It is not known how he fell down the shaft. The project is scheduled to be completed by June 2019. This is reportedly the first serious accident on the site.

Failure to stop leads to trolley crashing into second trolley

Many residents of Massachusetts use the public transportation system to get around. It is a convenient and cost-effective way to do so. In general, it is also safe. However, there are times when there is an accident with one of these vehicles. These can be bus accidents, train accidents, and trolley accidents. One of the reasons this can happen is due to a failure to stop. When there is any kind of crash with a public transportation vehicle and passengers suffer injuries, it is imperative to understand the steps to take to seek compensation in a lawsuit.

Two trolleys crashed into one another and sent 16 people to the hospital. The accident occurred at around 3:15 p.m. when one trolley crashed into the back of another trolley. None of those injured were viewed as having life-threatening injuries with most able to walk to the ambulances, but they did need to be taken for treatment.

An accident with an underinsured driver is a financial nightmare

When you get behind the wheel of a motor vehicle, there's an inherent risk involved. In fact, accident rates seem to keep increasing. In order to offset the financial implications of a potential accident or mistake behind the wheel, drivers in Massachusetts must have an active insurance policy that covers their vehicles and the damage they could cause.

You may assume that because you have a good insurance policy, you don't have to worry about the monetary fallout of a collision, especially when it's clear the other driver was at fault. Unfortunately, if you get into a crash with someone who doesn't have a valid policy on one's vehicle or someone who has state minimum insurance, you could still find yourself facing serious financial problems in the future.

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location
188 Lincoln Street
Worcester, MA 01605

Toll Free: 866-491-6561
Phone: 508-762-4327
Fax: 508-754-1980
Worcester Law Office

Call Today
Review Us