While most car accidents involve a vehicle crashing into other vehicles or even pedestrians, there are numerous cases in Boston each year around the Commonwealth wherein a vehicle crashes into a business or residence. These can be among the most damaging types of crashes, since there are often people in these structures that have no idea a car or truck is about to come smashing through the wall. In addition to the personal injury possibility, there is often a great deal of property damage that results as well.
There are a variety of accidents where people are seriously injured but the exact cause of the accident is not initially known. As our Boston car accident attorneys have seen in various cases, in some situations, the would-be defendant’s insurance company will initially deny liability, claiming that the accident occurred because the driver had some type of medical emergency. This could include something like a passing out, having a seizure, a hypoglycemic incident, or any number of other medical causes.
If the driver had no reason to know they would suffer this medical event that caused him or her to lose control of the vehicle, this accident may truly be an accident, meaning that the driver was not at fault. Under our legal system, in order to file a personal injury lawsuit, the injury must have been caused by either negligent conduct or intentional conduct. Intentional conduct with a car would generally be assault and battery if the driver actually tried to run over the plaintiff.
However, if the driver knew or had reason to know it was dangerous to drive, because this medical issue was likely to happen, then that could be used as the basis for a negligence lawsuit following a serious or fatal car accident. The issue essentially turns on whether the defendant, or a reasonable person in the defendant’s position, should have seen this coming and decided not to get behind the wheel that day.
If you are injured in an accident in Massachusetts, call Jeffrey Glassman Injury Lawyers for a free and confidential appointment — (617) 777-7777.
Additional Resources:
Woman Crashes Car into Building in Natick, March 19, 2017, By Rachel McKnight, NECN
More Blog Entries:
School in Falmouth Holds Memorial for Student Athletes Killed in Crash, Feb. 12, 2017, Boston Car Accident Lawyer Blog