Boston Car Accident Attorney News

Massachusetts Hands-Free Driving Law Goes into Effect in February 2020

February 20, 2020 | by Mass Injury Group

Distracted driving is one of the biggest causes of avoidable injury accidents on the roadway. These crashes can impact motorists, bicyclists, and pedestrians, and are not unique to private individuals. Even common carriers have faced issues with drivers using their cell phones behind the wheel. Although no amount of money can truly repair the damage that you have suffered after a motor vehicle accident, it can help you cope with the financial stress and ongoing expenses like medical bills. At Mass Injury Group, our Boston car accident lawyers are ready to assist you with seeking the compensation that you deserve from a careless driver.

Starting February 23, 2020, Massachusetts has a new law impacting drivers’ ability to use a cellphone behind the wheel. The law applies to drivers over the age of 18 and allows them to use a mobile device in a hands-free way. Drivers may only touch their mobile devices to engage the hands-free mode such as answering a call or initiating a call. Additionally, the device must be mounted to a dashboard, windshield, or center console to ensure that it does not make it difficult for the driver to operate the vehicle. Using the device for activities like texting, emailing, surfing the web, using apps, and watching videos are prohibited. Drivers can use a GPS service if they install the device according to the law’s requirements.

If the driver wants to use the device with his or her hands, he or she must be parked, and the vehicle must be stationary outside of a public lane of travel. If the driver wants to use a headset, only one earpiece may be inserted into the driver’s ear. Voice to text is only permitted when the device is properly mounted according to the law’s specifications.

Recent Massachusetts Intersection Crash Involving Teen Driver Highlights the Importance of Driver Awareness

February 6, 2020 | by Mass Injury Group

Although accidents can happen in virtually any scenario on the roadway, some types of accidents are more common than others. One example is accidents in intersections, especially if one of the drivers is not paying attention, and accidents involving teen drivers who lack experience behind the wheel. At Mass Injury Group, our Boston car accident attorneys proudly assist residents of Massachusetts with determining whether they are entitled to compensation from a careless driver who caused them to suffer painful injuries.

According to a recent news report, a two-vehicle crash that happened last month left one man seriously injured. The accident happened at the intersection of Morton and Canterbury streets near Franklin Park and took place during a very busy time of day, 6 pm. According to the Massachusetts State Police, debris was scattered all over the road at the site of the accident. One of the drivers was hauling cargo including wooden boards. The other driver involved in the crash was 19 years old.

Some of the risks involved with intersection accidents include serious injuries if the vehicles involved T-bone or collide head-on. In this accident, the vehicles were very badly damaged due to a head-on collision, according to the police report. If one of the drivers was not paying attention and engaging in distracted driving activities like texting or talking on the phone, then he or she would be liable for the injuries that the other driver suffered. Because the flow of traffic changes rapidly in an intersection, drivers must use caution when entering to ensure that they have the right-of-way.

Fatal Accident in Boston Suburb Kills Driver and Passenger

January 31, 2020 | by Mass Injury Group

Fatalities are one of the worst possible outcomes that can happen after a crash. No amount of compensation or mourning can truly repair a family after the sudden and unexpected loss of a loved one due to negligent conduct from another motorist that could have been avoided. In some cases, however, a single-car crash can lead to a fatality. When only one car was involved, questions can arise regarding how the accident happened, whether the driver was at fault, and whether any passengers who were killed or injured as a result of the crash have a right to compensation from the potentially negligent driver. At Mass Injury Group, our dedicated team of Boston car accident lawyers will stand by you during this difficult time and ensure that you are treated fairly throughout the legal process.

Recently, two men were killed in an unfortunate single-car crash in Brockton. The accident happened when the car in which the men were riding struck a tree. According to a report regarding the accident, the driver of the vehicle lost control and the vehicle veered off the road and hit a tree. The driver of the vehicle was 23 years old and died immediately upon impact. The investigation conducted initially after the accident suggests that he was attempting to pass another car while passing on the right side when he lost control and swerved off the road, striking the tree. The passenger of the vehicle, 21 years old, was ejected through the passenger window and taken to a nearby hospital where he was later pronounced dead.

In this instance, the passenger’s surviving relatives may wish to bring a personal injury claim against the driver’s estate for the loss of their loved one. Massachusetts laws states that a driver can pass on the right in a few limited instances. First, when the driver about to be passed is preparing to make a left turn, when the roadway is restricted to lanes of traffic moving only in one direction, or when it is a one-way street where the roadway is free from obstructions or wide enough for two vehicles. If none of these circumstances were at play in this accident, then the driver may have been negligent in attempting to pass on the right. If the driver was speeding, tailgating, or engaging in distracted driving activities like texting or surfing social media on his phone, then there may be further evidence to show that his negligence was the direct cause of the unfortunate accident that caused the passenger to lose his life and incur medical expenses.

Massachusetts Appellate Court Upholds Dismissal of Negligence Claim against Repair Shop in Truck Accident Fatality

January 11, 2020 | by Mass Injury Group

Truck accidents can be particularly devastating due to the size and weight of these vehicles, even when it comes to passenger injuries and fatalities. If the truck was being used in a commercial enterprise, then it is important to know whether you can bring a claim against the company that employed the driver and/or was responsible for the safety and maintenance of the truck. At Mass Injury Group, our Boston truck accident lawyers proudly assist our clients with understanding their legal rights and options following an unnecessary and avoidable accident.

A Massachusetts Court of Appeal case sheds light on some of the issues that can arise in a truck accident. Three men were driving in a truck owned by the driver’s employer. The driver lost control of the vehicle and it rolled, causing his death. Another occupant was seriously injured. The decedent’s estate and the injured plaintiff filed a lawsuit against a repair shop alleging that it failed to inform them about faulty brakes after the truck’s transmission was repaired earlier that year. The lower court eventually granted summary judgment for the garage against both plaintiffs, who then appealed.

The plaintiffs argued on appeal that the lower court erred in finding that the repair shop did not owe them a duty of care regarding the truck’s brakes. Their complaint alleged that the repair shop was negligent in the maintenance, inspection, and service of the truck. According to evidence in the record, however, the appellate court concluded that the employer was responsible for the truck’s primary maintenance and inspection. It also showed that the employer did not ask the repair shop to inspect the brakes at the time service on the transmission was completed. The repair shop worker who performed the road test after repairing the transmission did not note any issues with the brakes, either.

Massachusetts Appellate Court Upholds Summary Judgment for Defendants in Fatal Pedestrian Accident Case Involving a Minor

December 23, 2019 | by Mass Injury Group

Car accidents can come in many different types and varieties including truck accidents, drunk driving accidents, and distracted driving accidents. A particularly devastating type of collision, however, is a pedestrian accident. This involves situations in which a motor vehicle collides with a pedestrian usually resulting in devastating injuries or even fatalities in some severe situations. If you or a loved one was harmed as the result of a careless driver’s actions while walking as a pedestrian in a crosswalk, sidewalk, or another area, contact our Boston pedestrian accident lawyers as soon as possible to start learning about your potential right to recovery.

In a recent case, the Massachusetts Court of Appeal considered a plaintiff’s appeal from a lower court’s decision to grant summary judgment in favor of defendants in a pedestrian accident where an 11-year-old boy was killed. The decedent was walking from a park when he attempted to cross a street to get to a local fast food restaurant. He was hit and killed by a car driven by a man who was then charged with criminal counts related to the death.

The decedent’s parents brought an action against a group of defendants who had contracted with the city to provide architectural services and to oversee the construction of a new school opposite from the park. The plans featured walkways leading to the street. The defendants retained a company to conduct a traffic analysis for the project. The plaintiffs alleged wrongful death, negligence, and negligent infliction of emotional distress. The lower court granted the defendants’ motion for summary judgment finding that the defendants were not liable for the decedent’s death.

Massachusetts Appellate Court Upholds Application of Comparative Negligence Rule in Car Accident Case

December 9, 2019 | by Mass Injury Group

Massachusetts has adopted the modified comparative negligence rule which states that a plaintiff cannot recover compensation from a negligent party if it is concluded that the plaintiff was 50 percent or more at fault for the accident. This is a critical rule to keep in mind during a car accident or other personal injury case because it can impact your right to recovery. As seasoned trial attorneys, the Boston car accident lawyers at Mass Injury Group are ready to help you ensure that you receive a fair outcome in your case. We will assist you with all aspects of your case including gathering evidence and determining the best way to obtain the settlement or judgment that you deserve.

Knowing what types of evidence that other party may be able to offer against you is a key part of developing a strategy for your case. In a recent case, the Massachusetts Court of Appeals considered an appeal of a decision from the Board of Appeal on Motor Vehicle Liability Policies and Bonds (the board) to uphold a surcharged imposed by a driver’s insurance company.

The board concluded that the driver did not yield the right of way at a stop sign causing him to collide with another vehicle that did have the right of way to proceed through the intersection. The board concluded that the driver was more than 50 percent at fault for the accident. The driver appealed the decision to the superior court, which affirmed the board’s conclusion. The driver appealed.

Massachusetts Appellate Court Affirms Denial of Pain and Suffering Benefits in Passenger Injury Car Accident Case

November 19, 2019 | by Mass Injury Group

Car accidents can be incredibly complicated and involve numerous claims against the person who caused the accident and a claim with the insurance companies involved in the lawsuit. If you are facing a car accident dispute and feel overwhelmed by the situation, it is totally normal. A seasoned Boston car accident lawyer like Michael O. Smith can assist you with ensuring that you are treated fairly and that you receive the outcome that you deserve.

Recently, the Massachusetts Court of Appeal heard a case in which the plaintiff was a passenger in another person’s car when it was involved in a crash. The plaintiff sued the driver of the vehicle in which she was driving, asserting negligence and many other claims. He also asserted a claim against his own insurance company, the driver’s insurance company, and the driver of the other vehicle involved in the crash’s insurance company. The civil claims were eventually dismissed or stayed except for the plaintiff’s negligence claim against the driver. The jury ultimately concluded that the defendant drove negligently but that the plaintiff was not injured as a result of the negligent driving. The plaintiff filed a motion for a new trial, which was denied.

The plaintiff appealed on a number of grounds. The plaintiff sued one of the drivers for pain and suffering damages only. This required the plaintiff to satisfy at least one statutory basis for entitlement to pain and suffering damages, such as where medical expenses exceed $2,000. The plaintiff argued that the judge erred in denying his request to seek discovery from two of the insurers regarding any medical bills that they may have paid on his behalf.

Two Recent Boston Truck Accidents Result in Serious Injuries, Including a Fatality

November 7, 2019 | by Mass Injury Group

Injury accidents are stressful and inconvenient no matter how mild the resulting injuries may be. One of the worst outcomes, however, is a fatal injury. No amount of money can truly make a family whole again after the sudden and avoidable loss of a loved one, but it can help cope with the financial impact of the crash. Although a fatal motor vehicle accident can happen in a wide variety of situations, truck accidents are a common cause to the massive size and weight of these vehicles. If you lost a loved one or suffered serious injuries due to a Boston truck accident, contact Attorney Michael O. Smith as soon as possible to explore your rights.

Two serious truck accidents happened in the Boston area during September of this year, raising serious concerns about pedestrian and motorist safety. The first accident happened at Harvard Square and involved a 60-year-old woman who was struck by a boom truck shortly after 7 am. The woman was crossing Brattle Street near the Out of Town news kiosk. Investigative officials concluded that she was not using the crosswalk at the time of the collision.

The second incident involved a tractor-trailer that rolled over on top of a passenger vehicle on the Massachusetts Turnpike. The driver of the vehicle sustained serious injuries requiring hospitalization while the passenger sustained minor injuries.

National Teen Driver Safety Week Highlights the Dangers that Teen Drivers Pose

October 23, 2019 | by Mass Injury Group

Teen drivers are some of the most dangerous motorists on the roadways. Whether due to a lack of experience or naive beliefs regarding how they should be acting behind the wheel, teens tend to take their driving privileges for granted. In fact, during 2017 over 2,500 teenagers lost their lives in fatal motor vehicle accidents according to the National Highway Traffic Safety Administration making car accidents the leading cause of death for teens. When teenagers are irresponsible behind the wheel, it can put other motorists and pedestrians at high risk. If you were involved in a Boston car accident with a teen driver, our lead attorney Michael O. Smith is prepared to help you assert your right to compensation.

National Teen Driver Safety Week starts on October 20 and runs through October 26. During this time, parents are encouraged to have conversations with their teenage drivers about the importance of obeying traffic rules, refraining from driving while under the influence, and being a good influence on their peers who are also drivers. Teen drivers also have a tendency to forgo using their seatbelts, too, according to NHTSA, and are more susceptible to things like distracted driving or drowsy driving. In some cases, teens also try to pack as many passengers as possible into a vehicle, which has numerous safety implications.

Like many other states, Massachusetts uses graduated licensing laws that place decreasing restrictions on a new driver’s driving privileges. The intent behind starting with several restrictions and paring them down as the driver gains experience is to make sure that the driver has the best start possible with his or her driving record. Teens cannot drive with other passengers who are less than 18 years of age until they have had their license for six months, for example. They are also prohibited from driving between 12:30 am and 5 am as well as from using a cell phone while behind the wheel.

Several Motor Vehicle Recalls during 2019 are Linked to Serious Injuries or Devastating Potential Harm

October 10, 2019 | by Mass Injury Group

A number of auto recalls in 2019 have given motorists cause for concern and created serious safety risks for drivers, bicyclists, motorcyclists, and pedestrians. If you receive a recall notice, it is important to take your vehicle in as soon as possible to undergo the necessary repairs. In some situations, an automaker may fail to issue a recall in the time leading to devastating accidents and injuries. In some situations, defective auto parts can even cause fatalities. If you were injured in a car accident and believe a defective auto part is responsible, call our seasoned team of Boston car accident lawyers today to learn more about your rights.

General Motors has issued several recalls throughout this year, including a recall that caused 113 car crashes in a variety of their vehicle models, including the Chevy Silverado, GMC Sierra, and Chevy Tahoe. The defect involves a faulty powered brake-assist system, which means that the vehicle may not be able to stop appropriately. Drivers who experience things like a ticking noise while trying to depress the brake or a vibrating brake pedal may be affected.

Nissan has experienced serious issues with its backup cameras and recently issued a recall for 1.23 million motor vehicles. Although no injuries have been reported related to this defect at present, drivers who rely on the backup camera for reversing should proceed with extreme caution.