Search Site
Menu
Of Natasha Richardson, Head Injuries, Helmets and Evidence

The recent tragedy involving Natasha Richardson has brought to light the science of head injuries, particularly with respect to epidural hematomas and skull fractures. Fortunately, the vast majority of such injuries do not have such a terrible outcome. Nevertheless, her sad case should cause insurers to concede the seriousness of these accidents, even if the injured victim presents “normally” years later. The point is that someone with an epidural hematoma or subdural hematoma “may recover” but will have effects- known as sequela in the medical community- permanently.

The discussion is also focusing on the importance of wearing a helmet when skiing or engaging in other physical activity. Anything that promotes safety is a good thing. I suppose the argument may center on overprotection. Certainly, most of us come down on the side of safety; when riding a bike, we believe in wearing helmets and when riding in a car, we believe in using seatbelts.

The Commonwealth’s voters by referendum in 1994 and the Massachusetts State Legislature have addressed these safety features and have enacted laws to require seatbelt use as well as bicycle helmets for those under 16 years of age. Interestingly, the law is that the failure to use a seat belt or wear a bicycle helmet cannot be used as evidence of contributory negligence. Plaintiffs’ lawyers should never permit defense lawyers to introduce that failure in evidence, as is often attempted. This flies in the face of the applicable statewide referendum and explicit language of the statute. Consult Massachusetts General Laws, Acts of 1993, c. 387, s. 3 and Massachusetts General Laws c. 90, s. 13A (for seat belts) and Massachusetts General Laws c. 85, 11B½ as amended in 2004 (for helmets)

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    I had a wonderful experience working with Robert Feinberg and Colleen Santoro. I never once had doubts about how my case would be handled. I knew I was in great hands with both of them. I was always informed and felt confident in their ability to re...

    Read more

    Betsy Rose

  • google
    5.0/5.0

    This firm is great! They negotiated a settlement for us after another firm told us we had no case. The whole process was quick and easy. Colleen was so easy to work with and very responsive.

    Read more

    Ellen Carita

  • google
    5.0/5.0

    Highly recommend this firm! Colleen Santora was my sister's attorney for her motor vehicle accident. Colleen was always responsive and answered all our questions. She was transparent and put 100 effort in the case. She very knowledgeable. I would re...

    Read more

    Warda Khurram

  • google
    5.0/5.0

    My wife with our dog crossed the street when was hit by a car. Our attorney Alexis Cahill was professional, knowledgeable and reliable. We had good communications with her all the time while my wife recovered from her injuries. We are completely sati...

    Read more

    michaelvideohere

  • google
    5.0/5.0

    I got chance make car accident (it's not my fault). Before I didn't have any accident like that one. I choose this agency accidentally due to it's location was convenient to my job. I was surprise (good surprise) that agency lawyer (Colleen Santora) ...

    Read more

    Anatoly Gorbatchev

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form