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Articles Posted in Auto accident

Car accidents can happen in many different ways and can involve a number of parties in the lawsuit. Filing a civil claim for damages after a car accident is a multi-step process that requires you to obtain evidence and prove a case against the defendants named in the action. The elements that you have to prove depend on the cause of action that you assert against the defendants such as negligence or product liability. In some instances, a car accident may have happened because of faulty parts or poor warnings. Liability is not always clear cut, which is why having a seasoned Massachusetts car accident lawyer guiding you through the process is so important.

Recently, Massachusetts Court of Appeal considered a claim involving a bus that caught fire. The court was asked to determine whether the lower court erred when it entered summary judgment in favor of a bus company on the plaintiff’s complaint for breach of the implied warranty of merchantability. the plaintiff argued that a defect in the bus caused it to catch fire and that he sustained injuries when he navigated the bus to safety and assisted passengers in exiting the vehicle. The plaintiff brought the action against the company that made the bus and that leased it to the company that was operating the fare from New York City to Boston.

On review, the appellate court first noted that a claim for the breach of an implied warranty requires the plaintiff to show that a defect or unreasonable condition existed at the time the product left the manufacturer’s control and that the defect rendered it unsafe for ordinary uses. If the product or machine at issue is complex in design and its operation is outside a layperson’s knowledge, then expert testimony is required to help the jury understand how the product was allegedly defective.

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Chain-reaction accidents can lead to severe injuries for multiple parties. They can also create serious headaches when it comes to filing insurance claims and figuring out who may be at fault for your injuries particularly if you were struck further down in the chain reaction. Whether it happened at high-speed on the freeway or at a red light at a city intersection, a chain reaction accident can leave you with painful injuries and a mountain of medical expenses. At Mass Injury Group, our team of seasoned Boston car accident attorneys are prepared to help you determine whether you are entitled to compensation following a multi-car crash.

A number of Seekonk residents found themselves facing this type of nightmare situation on March 3 when a truck failed to notice that traffic was slowing down on the freeway upon which he was traveling, according to a recent news report. Traffic had slowed because there was a car on fire roughly one mile ahead on the roadway. Although the driver of the truck applied the emergency brake, his vehicle slammed into the back of a Chrysler, which slammed into the back of an Acura, which then slammed into the rear of a Lexus. Unfortunately, the right, rear passenger in the Chrysler vehicle died at the hospital as a result of the injuries that she suffered during the crash. Eight occupants of the other vehicles were transported to various hospitals where they obtained treatment for non-life-threatening injuries.

In Massachusetts, the victim of a personal injury accident can bring a civil claim from the driver of the vehicle that caused the crash to recover compensation for his or her injuries and damages. Establishing liability in a multi-car accident may require filing a claim against all of the other parties involved. If you do not include one of the parties as a defendant, then he or she may not be held responsible and the other defendants in your case may claim that the party you left out was to blame. To hold one of the drivers liable, you must prove that he or she failed to drive the same way that a reasonable and prudent driver would have done when faced with the same situation. If the driver did not act according to this standard, then he or she is considered negligent. You must also show that the driver’s negligence was the direct and foreseeable cause of your injuries.

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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.

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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.

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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.

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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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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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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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