Establishing that another party operated his or her vehicle negligently is a critical aspect of any car accident personal injury claim. This requires providing evidence that establishes the standard of care that the defendant should have used at the time of the crash. A failure to provide evidence of the standard of care can be fatal to your claim. As dedicated Boston car accident lawyers, we are well versed in personal injury law and will ensure that you put forth the strongest case possible.
The recent case of Cacchiotti v. Parry demonstrates how important it is to establish the applicable standard of care as part of a motor vehicle accident lawsuit. In the case, the plaintiff was driving on the Massachusetts Turnpike when a vehicle slid off of a flatbed trailer and struck his vehicle. The defendant had attached the vintage muscle car to the flatbed trailer with four chains and come alongs. The trailer was secured to a pickup truck owned by one of the defendant’s helpers.
The plaintiff filed a claim for negligence, seeking damages from the defendant. After the trial, the jury concluded that the defendant was not negligent. The plaintiff appealed on three separate grounds.