Articles Posted in Car Accidents

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Boston area car accidents often involve only  vehicles owned by private citizens, but on occasion, they can involve vehicles owned by a municipal  government.  If the driver of the government owned vehicle was responsible for the crash, the legal doctrine known as sovereign immunity comes into play.  In the Commonwealth, that doctrine is codified in Massachusetts General Laws Chapter 258, Section 4, which is the tort claims act.

Boston car accidentsThe tort claims act was designed to protect  state and local governments from liability in lawsuits, and to limit the extent of the damages awards in lawsuits that can be filed. This goes back to the time when there was a king of England and he did not want the crown to be sued.  Eventually this morphed into what we know today as the doctrine of sovereign immunity. Continue reading

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It is the responsibility of every motorist to drive in a safe and responsible manner to prevent a foreseeable injury to persons and property.  Failure to do so is considered a form of  negligence. This act of negligence could be the basis for a Boston car accident lawsuit.

Boston Car Accidents While there is a lot of personal responsibility in preventing serious and fatal car accidents, there is also a lot the city can do to prevent car accidents.  This involves making the streets as safe as possible for everyone driving, walking, and riding a bike on the streets of Boston and the surrounding areas.  The city can also make sure signage is helpful and appropriate and drivers are properly educated.

Government agencies that fail to correct poor road design, maintenance or dangerous conditions may also be held liable if it contributes to a crash. These cases, however, can be more complicated than a typical negligence lawsuit because one must first overcome hurdles like sovereign immunity, which is waived under the circumstances outlined in M.G.L. Chapter 258, Section 2.

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The majority of Boston car accidents involve more than one vehicle. Many of these are fender-benders with two vehicles, though chain reaction crashes are fairly common on highways and other roads with heavy congestion. car accident

However, getting rear-ended or t-boned may by another car or truck may not be the most dangerous scenario you encounter. In fact, 1 in 5 fatal accidents involves a single vehicle that runs off the road, according to the National Highway Traffic Safety Administration.

Single-vehicle accidents carry their own challenges in terms of compensation. While multiple-vehicle accidents usually have multi-person/ business liability, the same is generally not to true for single-vehicle crashes. There is often only one person to blame – the driver. There may be exceptions in cases where the driver was impaired (per the principle of dram shop liability for violation of MGL Ch. 138 section 34), or in cases where the road was improperly maintained or the vehicle defectively manufactured.

By-and-large, though, single-vehicle crashes are the fault of the driver. In these instances, drivers may be entitled to compensation through their own insurer, while passengers could receive compensation from driver’s insurer and potentially their own uninsured/ underinsured motorist coverage carrier.

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Whenever a car accident occurs in which a vehicle hits a pedestrian, the result is often fatal, and if not fatal, results in serious personal injury that has lifelong damage. There are a variety of ways a pedestrian can be hit by a car, but some accidents do not involve pedestrians in the typical sense of the word.

Boston car accidentsA recent news article from the CBS Local Boston describes one of these accidents that unfortunately proved fatal for a 10-year-old girl.  In that accident, which occurred on the Massachusetts Turnpike (Mass Pike) outside of Boston, two cars had been traveling together to New York and were trying to stay close to each other, as people often do when they are driving in more than one vehicle. Continue reading

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When we think of an auto accident, we normally think of one car hitting another car or truck, or perhaps a collision involving multiple vehicles. While this certainly accounts for most of the car accidents we see in the greater Boston area, there are other types of accidents.

Boston Train Accident According to a recent news article from CBS Local Boston, a man was killed when the pickup truck which he was he was driving was hit by a commuter rail train operated by the Massachusetts Bay Transportation Authority (MBTA or “T”). The driver of the truck was 78 years old at the time of this death. Continue reading

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While some cases will go to court and require an actual trial before a judge (bench trial) or even a jury, the clear majority of Boston car accidents will settle prior to going to trial.  The reason for this is because, whenever there is a car accident, we are virtually always dealing with an insurance company.

Boston Car Accident Lawyer Car insurance companies make a lot of money in what is essentially a gamble.  They are taking money from the insured and betting there will not be an accident, or at least if there is, it will cost less to pay for that accident than the amount they receive in premium payments.  However, the insurance company really can’t lose this bet, because they have more than one insured motorist.    They have so many clients that the risk is spread over a pool of drivers.  This means that, as long as they do not pay out more in claims for all of the their insured than they collect in premiums, they will make money. Continue reading

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There are many different ways motor vehicle collisions can occur.  However, in the vast majority of cases, these are not truly “accidents,” but rather are due to the fault of at least one driver.  When a car accident is caused by the carelessness or recklessness of one or more individuals, it may be a form of negligence negligence and is therefore the basis of filing a personal injury claim, particularly if there were serious injuries or fatalities.

car crash Boston However, it’s not enough simply to assert fault. One must prove negligence – defendant had a duty, defendant breached duty, breach of duty caused plaintiff’s injuries. This is sometimes a contentious issues in car accident litigation.  In other cases, there is no question as to fault, but there is fierce dispute over damages.  If a car was only scratched and there was no other serious damage to the vehicle, yet the occupant suffered substantial personal injury, the auto insurer is likely to fight the claim, arguing the injuries do not line up with the impact in the crash.

When this happens, the insurance will company will often make what your experienced Boston car accident lawyer calls a nuisance offer.  The insurance does not think they have a real chance of losing a lot of money at court so they do not make a fair offer.  However, while many car accident lawyers just accept anything they can get, you want to make sure you have an aggressive lawyer who will fight for your right to the compensation you deserve, even if that means going to trial. Continue reading

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When an accident involves more than one vehicle, this can greatly complicate matters.  In some cases, it means there was one victim and more than one at-fault defendant.  While this may mean there is more insurance coverage, and the victim can therefore receive a full and appropriate financial recovery, it can also mean that the insurance companies will blame each other’s customers and try to deny liability.

Boston Car Accidents Eventually, the insurance companies will typically work something out that avoids them fighting for indemnification in court, but it sometimes comes to that.  On the other hand, we have accidents with multiple victims and not enough money to go around. This can create a more challenging case, as each insurance policy has a per-claim maximum that the customer has purchased, and this is the most the insurance company will pay. Continue reading

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Many jurisdictions have what are known as no-chase policies for police.  As the name implies, this means that police are not allowed to pursue a suspect via the high-speed car chase. The reason for this is because high-speed chases can result in serious personal injury and property damage to any number of innocent bystanders and may not even result in the apprehension of a suspect.

car accident lawyer BostonAs it turns out, a radio or cell phone signal can travel a lot faster than a car, so it is better to just radio to units ahead who can set up a road block, or that can deploy tire damage strips to disable the fleeing vehicle. The police can also deploy an air unit to tag the suspect’s vehicle using a forward looking infrared radar (FLIR) system, and that will make it very difficult for the car to escape, because it combines the heat signature of the vehicle and the radar signature of the vehicle. Continue reading

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One of the more common injuries suffered in a Boston car accident involves damage to the neck or spine.  A neck injury can range from mild discomfort to permanent paralysis or even death.   One thing to keep in mind is that even in a seemingly minor car accident, a neck injury is possible, and this can result in a permanent pain and suffering, including headaches and other types of physical discomfort.

car accident lawyerOne of the more common types of injury involves damage to the soft tissue.  A soft tissue injury (STI) can occur anywhere in the body, but the neck is a major site for the trauma in a car accident lawsuit. A soft tissue injury can include a strain or contusion to the soft tissue and often results in considerable pain and suffering.  It will often be of necessity to have a neurological examination to rule out any more serious injuries and for victim to undergo physical therapy until the pain subsides. Continue reading

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