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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Pedestrians are at serious risk of suffering injuries from distracted and negligent motorists especially in a crowded and busy place like Boston. Although a car accident can be just as stressful and damaging, pedestrian accidents often result in catastrophic injuries simply because of the damage that a vehicle can cause to an unprotected person. At The Law Office of Michael O. Smith, we are ready to help you explore your legal rights following a sudden and avoidable Boston pedestrian injury accident.

Boston and Sommerville have experienced pedestrian accidents recently, with a van reportedly striking two pedestrians at an intersection causing one of the victims to later die from her injuries. The following day, a woman was severely injured after being allegedly struck by a garbage truck on McGrath Highway in Sommerville while using a marked crosswalk. There are countless questions that are being raised in the investigations for both accidents. City officials including Mayor Marty Walsh have already indicated that there will be changes coming to some of the most feared intersections.

This has been a serious problem according to a local news report, which identified that the traffic signal involved in the fatal pedestrian accident on Summer Street was providing pedestrians with the walk sign while also giving drivers on the intersecting street the green light to turn. Although a sign warned drivers that they must yield to pedestrians, businesses and residents argued that this was not enough to provide adequate protection.

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It’s no secret that trucks pose a serious danger to motorists, including motorcycle riders who may be less visible to a driver. Although there are many different rules and regulations that apply to trucking operations with the intention of keeping everyone safe, countless drivers fail to comply with these laws. In some instances, they turn to narcotics and other illegal substances to help them stay awake during long hauls in violation of countless laws. At the Law Office of Michael O. Smith, we are prepared to assist you with determining whether you are entitled to compensation after a Boston truck accident.

Recently, a Massachusetts truck driver was charged with causing the deaths of seven motorcyclists when the rig that he was operating careened into the group of motorcyclists in New Hampshire. Three other individuals were seriously wounded in the accident. Reports suggested that the Massachusetts Department of Transportation and the Massachusetts Registry of Motor Vehicles failed to take appropriate action to suspend the truck driver’s license as the result of several out-of-state driving violations that had been reported to the RMV. The truck driver claimed that he reached down to pick up his beverage and unintentionally drifted from his lane of travel at the time of the crash.

When police raided his home, however, they found illegal narcotics believed to be heroin and when he was arrested at the scene of the crash police officials observed erratic behavior consistent with amphetamine consumption. The truck driver was employed as a truck driver for a Massachusetts trucking company and possessed a commercial driver’s license.  He had previous citations for drunk and drugged driving, which had been reported to Massachusetts DOT and RMV officials.

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Rideshare services have become incredibly popular as a way to travel, especially in crowded cities like Boston. There are certain dangers that come with using ridesharing services, however, that can put you at risk of suffering a serious and devastating personal injury. It’s not always clear, for example, whether you will be covered by the driver’s or the company’s insurance in light of an accident and these drivers are often in a rush to find their next fare, making them less safe than they should be on the road. As dedicated Boston car accident lawyers, we are prepared to help you assert your right compensation following a rideshare accident in Boston.

There are several important factors to consider if you are involved in a rideshare accident as a pedestrian, bicyclist, or passenger. As a recent situation highlights, the rideshare companies’ insurance policies and standards may not be as helpful as some people believe. Recently, a Framingham resident was sued for a rideshare accident that happened in 2015 while he was riding in a vehicle driven by an Uber driver. The lawsuit alleged that the man opened his door in a bike lane without checking to see if the lane was clear, causing serious injuries to a passing bicyclist. Uber refused to provide the man with legal defense and declined to pay the injured cyclist any compensation. The man did not own a vehicle, which is why he was using Uber, which meant that he also did not have auto insurance to cover the collision.

When it comes to rideshare insurance coverage, there are a few things that you should know before signing up to use these services. First, rideshare services frequently classify their drivers as independent contractors instead of employees and require their drivers to carry their own insurance policies. This allows the companies to keep a greater distance and to remove some of the liability that they would face for the drivers’ actions if they were employees. Massachusetts, like other states, recognizes a doctrine called vicarious liability, which holds an employer liable for the tortious acts that its employees commit in the course and scope of employment.

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