Articles Posted in personal injury

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.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.

According to the Massachusetts Tort Claims Act, the first step in pursuing a claim involving a government agency is to notify that agency within a specified time period.  Missing deadlines can render the claim moot, and it will not be heard.  After filing a claim with the appropriate agency, they will have an opportunity to review the claim and pay the damages set forth. When a claim is denied or challenged by the government, the claimant may pursue a lawsuit.  When a claim is brought against an allegedly negligent employee, the claim must first be filed with the employer overseeing the employee.

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.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.

Since all drivers are required to meet their duty to avoid causing foreseeable harm to others, when drivers speed or recklessly endanger those around them, they may be held at fault if a crash and resulting injuries take place. Victims are entitled to file a personal injury claim against a driver who has carelessly caused a crash.

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.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.

While hit and run collisions can result in property damage, in other cases, they can render victims catastrophically injured.  Massachusetts law provides a remedy for those hurt in a Boston hit and run accident. Victims can file a personal injury claim or a lawsuit that holds offending drivers accountable for their recklessness. As plaintiffs in personal injury claims, victims can recover costs of medical treatment, lost wages for work, and emotional pain and suffering associated with the accident.   In some cases, the victim may also recover punitive damages as a form of punishment for the driver who left the scene.

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.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.

As a “modified” comparative fault state, Massachusetts law holds that accident victims may recover damages if they are less than 50 percent at fault for an accident. According to Massachusetts law, if a victim is found to be 50 percent or more at fault for the accident, they will not recover damages.  The amount of damages that may be recovered will be reduced by the amount of fault the victim shared in the crash.