Articles Posted in Car Accidents

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Reis v. Luckett, a case from the Supreme Court of the State of Montana, is an appeal dealing with the legal issue of causation in a car accident lawsuit. Essentially, there are four elements needed to prove negligence in a car accident civil action. The first element is that defendant owed plaintiff a duty of due care. The second element is defendant breached his or her duty of due care. The third element is causation, and the fourth and final element is damages.

mWyoxDuIn the Commonwealth of Massachusetts, one of the most heavily litigated elements in a negligence case involving a car accident is the causation element.   It should be noted that legal causation is broken down into actual and proximate causation. Continue reading

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According to a recent news feature from the Boston Herald, the United States Secret Service advance team for presidential hopeful Hillary Clinton was in New England making sure everything was safe for Ms. Clinton’s upcoming visit to the area when they were involved in a deadly car accident.

mj2tVsUAuthorities said a man without a driver’s license and with what has been described as an extensive criminal history allegedly tried to pass another vehicle in an illegal manner. He was driving on a dangerous stretch of Route 16 at the time, and they were in the middle of a heavy snowstorm. While trying to pass the vehicle, he allegedly crashed head on into car traveling in the opposite direction. That other vehicle involved in the collision was the Secret Service vehicle being operated by the Clinton advance team. An advance team is responsible for coming to area before their person they are protecting and securing the area. In some cases this involves checking the backgrounds of everyone who lives or owns a business along the planned route, and, in some high profile visits, it means removing all mailboxes and welding all manhole covers closed to prevent an attack. Continue reading

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So far, there have not been many cold days this fall going into what is officially Winter. With this odd weather pattern and temperatures being higher than normal, we tend to get a lot of foggy morning weather. We are also getting rain instead of snow.

that-hurt-494062-mThere is no question it is more dangerous to drive in dense fog, but that does not mean that any time an accident occurs, the at-fault driver can avoid liability to plaintiff for his or her injuries because it was difficult to drive with such poor visibility. In the Commonwealth of Massachusetts, the law imposes a duty on every driver to operate his or her motor vehicle in a reasonable and prudent manner so as to prevent foreseeable injury to foreseeable persons and places. Continue reading

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In Serra v. Estate of Broughton, a case from the Supreme Court of Oklahoma, plaintiff was from Spain and was in the United States as a foreign exchange student. She was riding in her friend’s car when they were involved in a serious car accident. The other vehicle in the accident was a motorcycle being operated by a man who was killed in the accident.

stationary-1-1296735-mFollowing the accident, she filed a claim for uninsured or underinsured motorist coverage. This is also known as UM/UIM coverage. Under the law, owner of a vehicle is required to have liability insurance. This is car insurance designed to pay for for personal injury and property damage to others. This will not for pay damage to your own car. This type of insurance is known as collision coverage. It is not required by law, but if you owe money on your car, the bank will probably require to you have collision as well to cover the cost of their collateral. Continue reading

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According to a recent news feature from the Post Independent, actor James Woods was just involved in a serious car accident, and then took to Twitter to describe the entire ordeal. Woods says he was driving through the Rocky Mountains in Colorado when an ice storm started. According to his tweets, there was a driver traveling faster than 75 mph on the slick road, causing him to lose control of his car and spin out.

mi2YLCkAt this point, Woods had to swerve to avoid the spinning car, and, when took evasive action, his car hit the retaining wall on the right side of the roadway. This caused his own car to spin, and then he was traveling backwards at around 69 mph. At this point, both cars collided with five other cars on the roadway, turning this into a seven-car accident. The area in which the accident occurred is known for being particularly dangerous, and people often call it a treacherous stretch of road. Continue reading

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The vast majority of motorists believe themselves to be good drivers. In fact, CNN reported on motorists interviewed by Allstate who touted their own driving abilities and indicated they had good skills behind the wheel. Although motorists were confident in their own abilities, they were less confident about the skills of others. In fact, the majority of motorists who were surveyed said most others were bad drivers.

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While you may believe yourself to be a good driver, the reality is most motorists have dangerous habits- even those who said they were safe behind the wheel.

As the new year approaches, it may be time to make a change and curb the behaviors which are putting you at risk due to unsafe driving. When you make your resolutions this year, you should strongly consider resolving to become a better driver in 2016.

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The holiday season is one of the busiest travel times of the entire year. This means an increased risk of motor vehicle collisions because of more drivers on the roads. Not only do motorists have to contend with roads that are more crowded, but the holidays are also a time when a lot of people consume alcohol, which means there could be drunk drivers on the road to deal with as well.   travelling-with-suitcase-1524960

Drivers need to understand the added risks associated with the holiday travel season and should do everything they can to try to reduce the chances they will get hurt or hurt others.

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Motorists face many winter car accident risks, but ice is one of the most dangerous conditions in terms of increasing the chances an accident will happen.

Massachusetts Department of Transportation has many tips for motorists to stay safe during winter driving season, including clearing snow and ice from vehicles, paying attention at all times, and leaving plenty of room to stop a vehicle. ice-1552892

No matter how careful you are, however, there is always a chance you will hit a patch of ice. When you do, you need to make sure you know how to respond safely so you can reduce the chances of losing control of your car and hitting another object or individual.

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DCF 1.0Boston winters are notorious for being dangerous for motorists. High wind speed, snow and rain, fog, and cold pavement temperatures can all significantly increase the risk motorists will get hurt on the roads.

Drivers need to be aware of some of the biggest dangers associated with winter car accidents and need to make sure they are taking precautions so they can keep themselves safe and so they can reduce the chance of hurting themselves or others. Continue reading

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Stensland v. Harding County, a personal injury case from the Supreme Court of South Dakota, involved a plaintiff who was injured when he drove over a washed out portion of the road. Prior to his accident, a local resident, whose driveway was along a county road, was traveling east with his family on the county road after it had been snowing and raining during the prior week. He ran over a ditch and then stopped to further investigate the condition of the road.

Wrong way sign post

Wrong way sign post

Upon further investigation, he noticed a hole in the road and water in another ditch. He stomped down on that section of road with his foot, and it collapsed. His wife called county officials to tell them of the collapse and the condition of the road in general. During the trial, the county official who received the warning call said he placed signs on that section of road, and he put what he referred to as a type I barricade near that section with a road closed sign prominently displayed. Continue reading

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