Articles Posted in Car Accidents

Warger v. Shauers , an appeal heard before United States Supreme Court, involved plaintiff who was riding his motorcycle on a highway when a truck defendant was driving hit plaintiff from behind. Plaintiff claimed he was stopped at the time of the motor vehicle crash, while defendant claimed plaintiff unexpectedly pulled out in from of him, causing the crash.

statue-of-justice-302776-m.jpgWhat is not in dispute is the auto accident resulted serious personal injury, and plaintiff was eventually required to have his left leg amputated. Plaintiff originally sued defendant for negligence in federal court. During jury selection, both parties had an opportunity for lengthy voir dire of prospective jurors.
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Annocki v. Peterson Enters., LLC., a case from the California Court of Appeal, involved victim who was killed in a motorcycle accident. Victim was riding his motorcycle along Pacific Coast Highway when he collided with a car exiting a restaurant parking lot.

no-turning-1317200-m.jpgThe center of the roadway on which victim was traveling was lined with temporary traffic dividers and had a speed limit of 55 mph. Plaintiffs (victim’s parents) argue at-fault driver was confused when exiting restaurant parking lot and tried to make a left turn instead of a right turn. Plaintiffs further alleged restaurant owner was negligent for failing to adequately staff the parking lot. On the night of the fatal traffic accident, there was only one employee working in the parking lot and no employee was there to assist customers leaving the parking lot in entering the roadway. Plaintiffs specifically asserted restaurant owner chose to save the eight dollars per hour it would have cost to have a second parking lot attendant over their customer’s safety.
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One of the common issues that arise when filing a car accident lawsuit is where is the appropriate place to file the case. In some cases, the accident occurs in Boston and both plaintiff and defendant live in Boston, so the case will be filed in Suffolk County Superior Court. In other cases, the answer may not be as clear. Deciding where to file a civil lawsuit is known as choice of venue.

usamap-jpg-1417432-m.jpgIn Ex parte Linda Manning, an appeal from the Supreme Court of Alabama, plaintiff filed a civil complaint in Macon County court, claiming negligence and wantonness as a result of a motor vehicle accident that occurred in Montgomery County.

In the car accident, plaintiff suffered serious personal injury and was taken to a local hospital by ambulance. The hospital was located in Montgomery County, and plaintiff resided in that county as well. After plaintiff filed the lawsuit, defendant moved to transfer the action to Montgomery County on grounds of forum non conveniens. The trial court denied the motion, and defendant filed a petition for review with the state supreme court.
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While many traffic collisions are caused by the negligence of other drivers on the road, some are caused by a hazardous situation on the road that could have been prevented. In a recent news article from WHNT, a man was killed when his car hit a horse that was walking on the road.

the-horse-1439653-m.jpgAuthorities said victim was driving his friend to a local hospital. This friend, who was his passenger, had been in another car accident earlier that day and was on her way to visit another occupant of that car who had been in the hospital following the earlier crash. During this late night ride to the hospital, victim hit the horse and died at the scene of the accident.
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In Boutelle v. Boutelle, a case from the Supreme Court of Wyoming, a brother and sister were involved in a single vehicle accident. Brother was driving, and sister and three other passengers were from Wisconsin. The accident occurred on an interstate in Montana.

952313_gavel.jpgSister filed a car accident lawsuit in Wyoming against her brother. Sister alleged brother was driving in a negligent manner. Specifically, she said her brother drove into a foggy area and slammed on the brakes, which caused the rear end of the car to slide sideways. When the vehicle slid, it ran off the road, into the median, and rolled one and a half times.

Sister’s complaint specifically alleged brother failed to maintain a proper lookout, was driving too fast for road conditions, failed to maintain control of the car, violated state traffic laws, and was driving in an unreasonable manner.
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Washington Nationals outfielder Jayson Werth was recently sentenced to 10 days in county jail for driving his Porsche over 100 mph on the Washington, DC beltway several months ago. According to ESPN, the sentencing judge informed Werth that I-495 is not a racetrack and that her sentence would have been the same if Werth was not a famous athlete.

alcatraz-777968-m.jpgDuring the reckless driving trial, Werth testified that may have been going 90 mph but argued that he never reached 100 mph. At trial, a state trooper also testified he followed worth on the beltway for approximately half a mile at 105 mph before he pulled over the suspect. The officer approached the car with almost completely tinted windows and drew his weapon but then put it back in his holster when he saw Werth. The officer testified Werth was polite as said he was pushing his luck by driving that fast.
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A 21-year-old driving a 2004 Saturn Ion was involved in a motor vehicle collision when her car veered off the road and slammed into a tree. The car’s air bags did not deploy, and the woman was severely injured.

Her 25-year-old fiancé, a passenger in the car at the time of the accident, did not survive. The driver later pleaded guilty to criminal charges stemming from the accident. a-car-key-with-lock-2-879310-m.jpg

That was eight years ago. She says not a day passed that she wasn’t wracked with guilt for what happened.

But now, she has been pardoned. General Motors wrote a letter to indicate that her crash may have been caused by a faulty ignition switch in her vehicle. GM has now recalled cars with faulty ignition switches, but did not alert the public to the risk that these vehicles presented even though it knew of the issue for years.
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President Obama has nominated Mark Rosekind to serve as the head of the National Highway Traffic Safety Administration (NHTSA).

According to Roll Call, Rosekind is a current member of the National Transportation Safety Board (NTSB) and his nomination is supported by the Governors Highway Safety Association.

The top position has been vacant for a long time, and the GHSA believes Rosekind would be a good person for the job because he has been a leader in deterring drunk and drugged driving, as well as distracted driving. car accident 1.jpg

With this new nomination, some lawmakers are touting the successful efforts of the NHTSA in making the roads safer. Unfortunately, a Boston car accident lawyer knows the NHTSA has had some high profile failures in recent years and other government officials are seeking an investigation into whether the agency is truly doing enough to protect the public.
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The Thanksgiving holiday period stretches from the evening of the Wednesday before Thanksgiving through the Sunday after. During this time, there will be many more people on the roads, and there is a far greater risk of becoming involved in a motor vehicle collision as compared with non-holidays. A Boston car accident lawyer knows drivers need to be aware of the added risk of traveling on Thanksgiving, and should be sure to take steps to stay safe. autumn.jpg
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Massachusetts State Police (MSP) are investigating the case of a single vehicle fatal car accident in which a Natick man was killed. According to Mass Live, the 65-year-old driver was traveling north on Route 95 near the Attleboro, exit when he lost control of his car. His car ran off the road surface and crashed into the woods alongside the highway.

life-and-death-2-1294270-m.jpgFirst responders arrived and transported victim to Sturdy Memorial Hospital, where doctors pronounced him dead. Authorities do not know the cause of the crash at this time and are continuing to investigate. MSP’s Collision Analysis and Reconstruction Section and Crime Scene Services sections have been tasked to assist the local fire department to determine why this tragic car accident occurred.
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