Articles Tagged with Boston fatal car accident lawyer

From time to time we hear about single-vehicle car crashes. As the name implies, when first-responders get the scene of a car accident, they only find one vehicle. In the event the single-vehicle Boston car crash proves deadly, it is easy to assume the driver of the only vehicle found at the scene was at fault in the accident. We often hear news stories including a police statement indicating the single driver involved in the crash lost control of his or her vehicle and went off the road, followed by a standard line saying the cause of the crash remains under investigation.

This happens because news organizations and even police do not want to blame a deceased driver, but they do not believe there will be much more follow-up or investigation into the matter as most times, this will be the only story ever published on the topic, unless there is a brief follow-up identifying the victim.  In the case of a Boston single-vehicle car accident where the driver survives, it is easier to find out exactly what happened, assuming driver is able and willing to speak about the accident and gives a truthful account. Continue reading

In many serious car accidents in the Greater Boston area, one or more victims will be pronounced dead at the scene of the crash, or at the hospital a short time later. In some accidents, however, victims will survive for some time following the accident.  This can be days, weeks, or even years. In such cases, a wrongful death claim may be added to a negligence claim that has already been filed so long as the plaintiff did not sign a general release of liability and waiver.

While it may seem strange, a person could die from a car accident years later, there are cases where a person suffers from severe organ damage that will eventually result in death, even if it does not happen for a long time.  For example, a person could damage their kidneys, liver, or both and survive for a while on medication and dialysis, but eventually succumb to the injuries. When a death occurs, as long as there is a causal connection between the accident that caused the damage, a claim may be warranted. Continue reading

The clear majority of Boston car accident lawsuits are filed under a theory of negligence.  If a plaintiff was killed, a claim for wrongful death would be added as well, but the case would likely be pleaded under the same theory of negligence, but the wrongful death claim would allow for a demand for additional damages as well as possibly some direct claims such as loss of consortium filed by a surviving spouse. In some cases, plaintiff is able to plead an intentional tort such as battery if defendant is alleged to have intentionally hit plaintiff with his or her car, but those cases are few and far between.

The point is it will be necessary to determine who was at-fault in the serious or fatal Boston car accident and present enough evidence of fault to convince a jury if necessary, but hopefully to convince a car insurance company to agree a full and appropriate financial settlement so as to fully compensate a plaintiff for any loss suffered.  Continue reading

Each year car accidents many car accidents in Boston result in serious personal injury, but some result in death.  Unfortunately, the numbers are getting worse instead of better as the Boston Globe reported the number of traffic deaths has risen nearly 50 percent in recent years.  When a victim dies in a car accident, as opposed to only suffering injuries, decedent is still the plaintiff, but the case is filed in the name of decedent’s estate, and a representative of plaintiff stands in for the decedent when it comes to settlement negotiations or going to court should the case fail to settle.

The Need for a Probate Estate in a Boston Wrongful Death Car Crash

These cases will be filed with the name of the decedent’s estate on the caption as well as name of the estate’s representative.  This representative is ultimately chosen by the Family and Probate court in Suffolk County, but the decedent, through a last will and testament may have a say in the matter posthumously. In the event decedent died with a valid last will and testament, this instrument will declare who he or she had selected as the personal representative of his or her probate estate. If it is clear, and this person is willing and able to accept  responsibility, courts generally honor a decedent’s request. Hopefully, a lawyer prepared decedent’s will because when people attempt to use so-called online legal help services, things can get very messy and lead to a lot of problems between family members. Continue reading

Fatal car accident lawsuits in Boston are often very complex and best handled by an experienced personal injury lawyer who has a track record of success in deadly crash litigation. While fault may seem a fairly straightforward issue, there are also matters of causation and comparative negligence and damages that have to be sorted out. Many of these cases require hundreds of hours of research and analysis and usually necessitate expert witness testimony.

According to a recent article from News 7 Boston, one person was killed in a three-car accident in Medfield, Massachusetts.  Medfield is located to the south and east of the city of Boston. Authorities have said the fatal crash, which occurred on Route 109, occurred at around 2 p.m. and involved the driver of a Jeep who was allegedly speeding prior to the accident that involved a collision with two other vehicles and one where the jeep completed flipped over and came to a stop resting on its roof.

Aside from the man declared dead at the scene, another victim was rushed to Tufts Medical Center, a level-one trauma center located in Boston’s Chinatown neighborhood. A third person was also injured, but his injuries were not as severe as the other two.  This person was taken to a local hospital in an ambulance.

As our Boston car accident lawyers can explain, the Massachusetts State Police (MSP) will send in an investigation and accident reconstruction team to work with local police in conducting a full investigation into the cause of the crash.  This does not mean there will necessarily be any criminal charges filed, as the state police investigate all fatal car accidents.

It should be noted that the conclusions of law enforcement are not necessarily final when it comes to the question of fault. Although those findings can be used in your civil lawsuit, those facts were gathered for the purpose of investigating traffic infractions and criminal charges – the outcome of which will be totally separate from any civil litigation. That’s why contacting an attorney as soon as possible is smart, so we can immediately begin our own gathering of evidence and analysis.  Continue reading

A car accident often results in serious personal injury.  The worst Boston car accidents result in one of more fatalities. These fatal Boston car crashes will obviously be emotionally devastating for friends and family, but they can be financially upending as well.  They decedent will no longer be there to work and provide money for his or her family and there will also be all of the costs associated with the burial.  These are all types of damages that can be claimed in a car accident wrongful death action filed under the legal theory of negligence.

According to a report from the Mayor’s Office for the City of Boston, as part of the Vision Zero program, the city estimates 25 people are killed annually – and nearly half of them are pedestrians.  The name Vision Zero comes from the vision of the program to reduce the number of traffic-related fatalities down to zero.

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In Boston, a troubling number of car accidents involve an at-fault driver flees the scene. Some of these are fatal crashes.  The Insurance Institute for Highway Safety Highway Loss Data Institute (IIHSHLDI) keeps statistics by states on the number of fatal crashes by year.  According to their findings, in 2015, there were 291 fatal crashes resulting in 306 deaths.  The number of traffic fatalities is lower than the number of deaths because some fatal Massachusetts car crashes result in more than a single fatality.

When a driver flees the scene of a crash, it can cause difficulties for those who are trying to obtain compensation for injuries. The good news is there are options (in particular, uninsured motorist coverage). As for the reason these drivers flee, it often comes down to either intoxication and a fear of being charged with serious crimes (such as vehicular homicide) by prosecutors. In other cases, it’s because the fleeing driver did not have a license or the mandated car insurance coverage.  Continue reading

Massachusetts State Police (MSP) responded to a car crash in Milton that left two dead and another injured, according to a recent news report from the Boston Herald.  This accident occurred around 3:30 a.m. when a car crashed into a tree at a reportedly high rate of speed.

When first responders arrived at the scene of this fatal car crash, they saw that the victims’ vehicle had been heavily damaged and burst into flames.  Firefighters were able to quickly suppress the blaze, and paramedics went to check on the condition of the victims. Unfortunately, two of the victims had already died when the first responders got to them. Continue reading

According to a recent news report from WWLP, a man died in a single car crash in Blandford, Massachusetts on the Mass Pike. Another woman was seriously injured as a result of the crash.  The man was a passenger in the car involved in what turned out to be a deadly Massachusetts car accident.

Authorities have said the accident occurred just before two in the afternoon on Interstate 90.  The 36-year-old female driver was operating her vehicle when she allegedly drifted into the median that divides the highway and it a message board that was stationed alongside the travel lanes. Continue reading

According to a recent news feature from the Boston Herald, an SUV full of teens crashed into a utility pole in a suburban neighborhood and then slammed into a parked vehicle. The van was full of six teens who had just all just left work at a local ice cream shop and were headed to watch the fireworks show.

As they were passing the home of one of the occupants, the accident occurred. The mother and a neighbor heard what they described as the loudest screams imaginable.  When they got to the scene of the fatal Milford car accident, they saw that five of the occupants were standing outside of the vehicle looking at the victim who had been thrown from the vehicle during the crash. Continue reading