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.

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.

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.

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.