m-tagline
AVVO
MASSBAR ASSOCIATION
ASLA
ABA
10 Best
US Court of Appeals
Massachusetts Academy of Trial Attorneys
BBB

School BusSchool buses are required to travel down residential roads to pick up and drop off schoolchildren. Those roads were often constructed for smaller vehicles, such as sedans or SUVs. The large size of buses, combined with the narrow residential roads, can lead to accidents. At least, the Massachusetts bus accident claim filed against the Massachusetts Interlocal Insurance Association alleges that buses are traveling down roads that are too narrow.

The owner of a 2008 Honda vehicle stopped at an S-curve as a school bus approached from the opposite direction. The bus appeared to idle for a moment, possibly considering whether it could fit through the turn, and then proceeded. The plaintiff’s car was struck as the bus rounded the turn.

The owner of the Honda filed a complaint against the Massachusetts Interlocal Insurance Association. The organization is a not-for-profit group that provides insurance for Massachusetts school buses. The plaintiff’s damages are not exceptionally high and do not involve any personal injury damages. However, as the plaintiff noted, the lawsuit was filed to not only recoup compensation but also allege that bus drivers are not being properly trained to drive down narrow residential roads. The plaintiff alleges that school buses are being sent down roads where they cannot simply fit or navigate without damaging other people’s cars.

Continue reading

Icy RoadThe installation of vehicle tires appears to be a routine task. It can be performed by a variety of stores and centers. When tires are installed incorrectly, however, the consequences can be life-changing, even fatal. A federal lawsuit, filed in May 2017, alleges that the Walmart Tire & Lube Center that was responsible for installing new tires on a family vehicle acted negligently by installing the two new tires on the front axle, instead of the rear one. This allegedly led to a tread imbalance, which may have caused the vehicle to spin out of control and crash into a tree.

This Massachusetts car accident occurred in the morning, on a day when the road conditions were icy. The driver, a student at a local high school, was pronounced dead at the scene. The passenger, also a student, survived the crash, but he was in a coma for weeks. He suffered serious brain damage and will allegedly require a caretaker for the rest of his life. The police report noted that both the driver and the passenger were wearing seat belts.

The parents of the two teens involved in the car crash filed the lawsuit against the defendant in federal district court. The complaint alleges five causes of action against the defendant, including conscious pain and suffering, negligence, and wrongful death. In addition, the family’s attorney previously submitted a demand letter to the defendant, specifying the damages as $18.5 million.

Continue reading

Crash Test

If two vehicles get into a Massachusetts car accident, and one driver is at fault, generally speaking, the faultless driver would file an insurance claim with the at-fault driver’s car insurance carrier. This scenario is quite common; however, it is estimated that one in eight drivers are uninsured, which helps illustrate the importance of uninsured or underinsured motorist coverage. The Massachusetts Appeals Court decided a case involving the complexities of underinsured motorist coverage and the right of the underinsured insurance carrier to seek arbitration for any amounts owed to the insured.

The plaintiff was hurt in a car crash. Her insurance carrier was Arbella Mutual, and the other car involved in the accident was insured by Liberty Mutual. The plaintiff notified her insurance carrier of the accident. Arbella notified her that her underinsurance coverage limits were for a half-million dollars per accident.

The plaintiff filed suit against the other driver. The procedural posture of the case became complex, but in the second trial, the jury reached a verdict and allocated sole responsibility for the accident to the defendant. The plaintiff’s awarded damages exceeded the amount available under the defendant’s insurance coverage limits. The plaintiff decided to settle the case with the defendant for a lesser amount and seek the outstanding amount from her insurance carrier under the underinsurance coverage provisions.

Continue reading

Individuals hurt in a Boston car accident may find that the at-fault party is a government employee or operating a vehicle owned by the municipal government.  When the driver of a government-owned vehicle causes a collision, the legal doctrine called sovereign immunity takes effect.  Throughout the Commonwealth, the Tort Claims Act is the law that will apply in these lawsuits.

government center
The purpose of the Massachusetts Tort Claims Act in personal injury lawsuits is to provide protection to state and local governments.  According to the Act, there is a limit to the damages awarded in these types of lawsuits. When the negligence of public employees, or their wrongful conduct, causes injuries or loss of property, the Act sets forth a cap on the damages that a plaintiff can recover in a lawsuit.

When assessing a personal injury claim involving a state or local government, courts will often explain the policy rationale behind the Tort Claims Act. Essentially, to be able to perform their functions and protect the public, local governments must receive some protection from constant legal battles.  This justification has served to uphold the sovereign immunity doctrine. However, this immunity is limited by the Tort Claims Act, since it does provide a way for individuals harmed by state government employees to bring a lawsuit.

Recently, a Boston Globe article made clear that the city’s “Slow Streets” program will affect select neighborhoods with the effort of eliminating serious Boston car accidents. The neighborhoods selected to participate in the program are Grove Hall/Quincy Corridor, Chinatown, Mount Hope/Canterbury, Highland Park, and the West of Washington Coalition. As a community-based initiative, Slow Streets is a part of Vision Zero. Vision Zero refers to Boston’s plan to eliminate the incidence of serious traffic crashes, including fatalities, throughout the city.

neighborhood
Vision Zero makes clear that tackling distracted and impaired driving within Boston is a priority.  Since traffic deaths are preventable, Vision Zero focuses on increasing safe human behaviors to reduce vehicle collisions.  According to state law, when drivers are distracted, and their conduct behind the wheel leads to a crash, they can be held at fault for the resulting harm.  The significance of the Vision Zero initiative is that it recognizes the impact of human error and poor driving behavior.

Through Vision Zero, efforts are made to reduce the speed limits throughout Boston, for example, from 30 MPH to 25 MPH.  Focusing city resources on reducing the incidence of serious vehicle collisions comes at a time when the city recognizes there has been a rise in pedestrian injuries and fatalities.  According to statistics set forth on the Vision Zero website, compiled by the Boston Police Department, a majority of crashes take place when pedestrians are simply crossing or along streets.

Throughout Boston, hit and run accidents take many different forms.  Often, drivers of motor vehicles hit a pedestrian and continue to drive, hoping to attempt to avoid liability.  In other cases, one vehicle strikes another and flees the scene without stopping to provide help or exchange information.  In most circumstances, hit and run collisions leave victims scared, facing property damage and potentially life-altering injuries.  However, there are steps to take that will help victims secure compensation for their damages and injuries resulting from the accident.

car accident
Hit and run accidents carry potential criminal and civil penalties for those who have caused the collision and left the scene of the accident. Massachusetts law requires drivers to provide information to injured individuals before leaving the scene of the accident.  According to law, there are different crimes associated with hit and run collisions, depending on whether property damage, personal injuries, or death resulted from the crash.

According to the statute, there is an affirmative duty to those who operate motor vehicles.  Failing to stop after a collision can bring dire consequences. Following a crash, or even a minor collision, the driver must stop and provide information to everyone. In fact, both parties involved in the accident have a legal obligation to remain at the scene and to ensure that if anyone requires assistance and medical care, they receive it.

After suffering injuries in a car accident in Boston or the surrounding areas, individuals have three years to file a case in court, according to Massachusetts law.  This important law, called the “statute of limitations,” is strictly interpreted by courts, and if a case is not filed within this period of time, the plaintiff may be prevented from bringing it to court.  However, it is important to note that this statute of limitations does not affect when an individual may file their insurance claim.

Car crash
Statutes of limitations are determined by the “window” during which the cause of action accrues. Car accident injuries are held to have accrued as of the date of the injury or the date of the collision. Even victims with strong claims for compensation will be prevented from bringing a case after these three years have passed.  For victims pursuing a claim against a government entity, claims must be filed within 30 days of an accident.

Another important legal rule that may affect an individual’s ability to recover damages following a car accident is the doctrine of comparative fault.  In terms of liability, the comparative negligence law makes it important for victims not to admit fault when providing the police with statements. This is because comparative negligence can potentially affect the ability of an injured car accident victim to recover damages in a legal claim against another involved party.

Determining liability, or legal fault, for an accident is central to a personal injury claim for damages.  Accident victims can hold careless drivers accountable for their actions, but as plaintiffs in a personal injury claim, they carry the legal burden of proving fault.  Many Boston car accident cases are based on a negligence theory of law, which asserts that a driver breached their duty of care to operate their vehicle safely, and this breach directly caused the accident and resulting harm.

car accidentTo be at fault in a car accident, according to the Massachusetts Division of Insurance and the Code of Municipal Regulations (CMR), a driver must be at least 51 percent responsible for causing an accident.  This requirement is based upon Massachusetts’ comparative negligence doctrine.  When a victim plaintiff is determined to be at fault for an accident, this fault must not be 51 percent or more, or they will not recover damages. Provided that the plaintiff is less than 51 percent at fault, they will be able to recover damages, reduced by the amount of their fault.

The CMR includes standards of fault that are determinative or that tend to prove that a driver is more than 50 percent at fault for the accident.  Rear end collisions are included in this section, as are accidents that result when an operator fails to signal before turning or changing lanes, causing an accident.  Backover accidents, when the driver has been in the process of reversing their vehicle and collides with another vehicle, is a circumstance that indicates the driver is more than 50 percent at fault.

A Boston car accident attorney is prepared to represent those harmed by the negligent conduct of another driver.  Recently, 1o people suffered injuries when a taxi driver plowed into them outside Logan International Airport.  According to a news report, the incident reflected driver error, rather than terrorist intentions.  The driver mentioned that instead of hitting the brake, he accidentally accelerated into the victims. The victims were mostly other taxi drivers, who had taken a break to socialize.

taxi

While in this case, the at-fault driver admitted that he had erred, in some car accident lawsuits, the victims will have to prove liability, or legal fault, in order to recover damages in a personal injury claim. In the case of the taxi driver, he admitted that he had not intended to crash into the victims.  Nevertheless, the victims have the right to pursue legal damages against him for their injuries and medical costs.

Proving fault in a car accident, according to Massachusetts law, often requires showing that the other driver was negligent.  Negligence is a failure to meet a legal duty of care. All drivers owe others the duty to avoid foreseeable harm and to operate their vehicle as other drivers would under similar circumstances. To successfully show negligence, the plaintiff would show that the defendant driver breached their duty of care, and this breach directly caused the plaintiff’s injuries.

Continue reading

When a vehicle collision occurs, it may be due to the negligence of a driver.  Negligence forms the legal theory of many personal injury claims, and victims can recover damages they have endured for serious injuries after proving the legal fault of the other driver.  To demonstrate negligence, the plaintiff victim would show that the defendant driver owed them a duty of care, breached this duty, and directly caused their resulting injuries and harm.

rear-end collisionAccording to the Commonwealth’s model civil jury instructions, negligence is defined as the failure to use the degree of care that a reasonable and prudent person would use, under similar circumstances, to prevent an accident.  Reasonable care is the level of attention that others would exercise in similar situations.  In the case of a driver breaching a duty of care, there are a variety of ways that this breach can take place.

Continue reading