Articles Posted in Car Accidents

In Carter v. Progressive Mountain Ins., the Supreme Court of Georgia explored the issue of whether Underinsured Motorist (UM) coverage could based upon the wording of a settlement with the at-fault driver’s insurance company.

In Carter, the plaintiff was in a car accident that was allegedly caused by an intoxicated driver. The drunk driver had a policy with a maximum of $30,000 in coverage per personal injury. The plaintiff entered into a settlement with the at-fault driver’s carrier in the amount of thirty thousand dollars. However, the settlement agreement provided that $29,000 of the settlement payment would be for punitive damages and the remaining $1,000 would be for compensatory damages.

The plaintiff then filed with her own insurance carrier to collect on her UM policy. She had a UM policy in the amount of $25,000. As your Boston car accident lawyer can explain, UM coverage can be purchased from your own insurance company and is designed to compensate you for any damages that are over and above what is paid by the at-fault driver’s insurance company.
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A 2005 study revealed as many as one driver out of every 10 at-fault drivers flee after a motor vehicle accident. As the Gazette reported, however, drivers who flee from a crash tend to leave evidence behind that can make it possible for law enforcement to find them.

When a driver leaves the scene of a collision, this has serious consequences for the victim. If the hit-and-run driver is not found, the victim could be unable to make an injury claim against the motorist responsible for causing injuries. An uninsured motorist claim may be the only option for the victim to obtain compensation for losses. An experienced Boston hit and run accident lawyer can help motorists who have been injured in a hit-and-run to understand their options and take action.
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The nations roads and bridges are in serious trouble, and drivers are facing the consequences. As USA Today reports, a lack of money to repair roads and bridges may soon cause “seemingly endless traffic backups.” Unfortunately, when roads and bridges are not properly maintained, auto accidents result.

Collisions caused by defective roads can give rise to injury claims. These types of cases are complicated because victims who wish to pursue legal action may need to deal with laws granting limited government immunity. An experienced Boston car accident lawyer should be consulted for help after a collision that occurs due to problems with roadways.
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Teen drivers are the most hazardous on the road, primarily because of their inexperience and propensity for distraction. The Centers for Disease Control and Prevention report the risk of a crash among 16- to 19-year-olds is higher than for any other age group, and per vehicle miles driven, this group is three times more likely to crash than those 20 or older.

Worse, summer represents what the National Safety Council refers to as the “100 Most Dangerous Days” for teens, as schedules are less structured and they are more likely to pile into the car with friends.

Car accident attorneys in Boston have handled many injury cases in which a teen driver was at-fault. One of the more challenging aspects in these cases can be sorting out the insurance issues.
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Police officers are tasked with the difficult job of keeping the public safe. In doing so, there are sometimes calculated risks that must be made. A prime example of this is in the decision whether to initiate pursuit of a suspect, or decline to give chase, given the danger such action might pose to the innocent public.

While many police agencies – Boston included – have clear directives for pursuit of a suspect, mistakes are still made. Here, the police department expressly forbids chases unless the occupants are known for being wanted in the commission of a violent or life-threatening felony or are operating the vehicle in a manner that poses a threat of public harm if not stopped immediately.

Unfortunately, our Boston car accident lawyers know protocol isn’t always followed, and sometimes it results in serious or fatal crashes.
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City-dwellers in Boston tend not to be overly-concerned with the possibility of encountering a farm animal on the morning commute. However, travel a few miles outside of Boston, and you may find the possibility far likelier.

Massachusetts is home to some 7,700 farms, each about 67 acres, according to the U.S. Department of Agriculture Economic Research Service, with dairy products ranking third among the state’s top agriculture commodities. There are also dozens of acclaimed horse farms throughout the state. If any of these animals escape their enclosure and cause a road hazard that results in a collision, the owner of that animal can be held liable.

Our Boston car accident lawyers are familiar with Mass. General Law Ch. 49, Section 29, which holds that a person injured by any horse, mule, donkey, cattle, sheep, goat or pig – including in a car accident – may seek to recover damages from the owner of the animal.
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In the event of an accident, law enforcement officials will perform an investigation to determine the cause and to identify responsible parties. When a collision involves public transportation, this investigation process is also critical to determine fault and to prevent future accidents and injuries. After an MBTA bus crash earlier this month, the driver of the bus has been cited for speeding, operating to endanger, obstruction of justice, and impeding operation. According to reports, the traffic citations are related to the driver’s use of a cellphone while behind the wheel.

Whether talking on the phone, texting, or surfing the Internet, driving while using a phone can be extremely dangerous. Our Boston car accident attorneys are experienced in representing victims of car, truck, and bus accidents caused by negligent and inattentive motorists. We understand the deep impact of injuries and will help victims and their families recover for pain and suffering, medical expenses, lost wages, long-term care, and other associated losses.
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Motor vehicle collisions have an $871 billion economic and societal impact in the United States. According to a recent study published by the National Highway Traffic Safety Administration (NHTSA), the economic costs of motor vehicle crashes amount to almost $900 for every single person who is living in the United States.

The losses caused by motor vehicle accidents should not cause innocent victims to face financial consequences on top of the emotional and physical pain. Those responsible for causing accidents should compensate victims. An experienced Boston car accident lawyer should be consulted for information on how to pursue a claim for losses and damages.
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No person injured in a Boston car accident should have to suffer further injury fighting with the insurance company to receive what is rightly due. Unfortunately, it happens a lot.

Many times, hiring an experienced auto accident lawyer is enough to prompt the insurer to simply pay what is owed. However, there are some cases in which insurers will continue to fight, in certain instances even knowing that doing so results in an unfair and unnecessary delay or denial of a rightful claim. When this happens, it’s called acting in bad faith, and it’s not only unethical, it’s illegal. Accident victims in Massachusetts who have endured such a scenario have the right to pursue a bad faith insurance claim, in addition to seeking compensation for the original damages.

In the recent case of Lockwood v. Geico General Insurance Company, the Alaska Supreme Court ruled that a bad faith insurance claim, dismissed by a lower court, should be allowed to proceed, as there was a genuine question of material fact as to whether the insurer had a reasonable basis to delay the claim.
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The driver of an MBTA bus who was involved in a collision in May claimed that the accident occurred because of a sneezing fit. According to Boston Magazine, the bus slammed into a guard rail, leaving its front wheels hanging off an overpass above the Massachusetts Turnpike. The driver claimed that her allergies caused her to sneeze with such excessive force that it caused her to lose control of the bus and hit the guardrail. She also indicated that her eyes were closed at the time of the collision.

Unfortunately, the driver’s story about sneezing may be untrue in this particular case because surveillance cameras on the vehicle show that she had an item in her left hand that looked like a cellular phone. An investigation is still being conducted to determine if holding the phone contributed to the crash.
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