In Lunsford v. Mills, a case from the Supreme Court of North Carolina, defendant was driving a tractor-trailer owned by his employer. While driving, he lost control of the truck while going around a curve. After losing control, the truck hit a concrete barrier in the median (Jersey barrier) and flipped over. Plaintiff, a volunteer firefighter, responded to the accident scene and found defendant injured and diesel fuel leaking from his truck.
Plaintiff attempted to get defendant out of harm’s way by lifting him over the concrete barrier, so he could safely assess any injuries. While plaintiff was standing in the highway, second defendant was driving westbound on the interstate.
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Articles Posted in Car Accidents
Massachusetts Teen Killed in Three-Car Accident
A parent having to bury a child is one of the most tragic things imaginable. Unfortunately, these things happen on a regular basis, and national safety statistics tell us that car accidents are among the leading causes of teen deaths across the United States.
One such fatal car accident involving a teenage victim occurred in Rockland, Massachusetts, which is around 20 miles south of Boston. According to a recent news article from CBS Boston, victim was killed in a fatal three-car accident.
Authorities say they are still investigating the cause of the fatal crash that killed the 17-year-old high school student. The accident occurred just before 3 a.m.
Witness describe how victim’s sport utility vehicle collided with two other cars. It is believed at least two of the cars involved in the fatal car accident may have been racing. After colliding with the two other cars, victim’s car flipped over and came to rest in an upside-down position. The victim was a member of the high school varsity wrestling team and was well liked by his entire community. His classmates came to scene in tears to mourn the loss of their friend.
As noted, the cause of the accident is still under investigation, and police will use a Massachusetts State Police accident reconstruction team to determine if, in fact, the parties were involved in a street race at the time of the accident.
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Teen Killed in Massachusetts Car Wreck
A car crash resulting in the death of a child is one of the most traumatic events a family can experience. According to a recent news article from the Boston Globe, a 17-year-old boy was riding in the back seat of a sedan when it was involved in a fatal car accident in Northbridge.
The driver of the sedan slowed down as a school bus was passing the car when a large pickup truck, also driven by a teen, slammed into the rear of the sedan. Witness say EMS first responders quickly arrived on the scene and transported the young victim to UMass Memorial Medical Center, where he died from his injuries sustained in the car accident.
Authorities have not released the name of the allegedly at-fault driver but stated he was being charged with motor vehicle homicide by negligent operation, operating to endanger, and speeding. It is not known whether defendant was also injured in the crash, and police are still investigating the cause of the accident.
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Five-Car Crash in Massachusetts Injures Three
According to a recent news article from WWLP, three people suffered injury after being involved in a five-car accident in Springfield. Authorities are still investigating the cause of the accident but believe a wheelchair-accessible van ran into a sedan that was making a left turn. The sedan was pushed into a third car, while the van kept going after the initial collision and hit a forth car. This car crashed into a fifth car after being hit by the van.
A passenger in the sedan was badly injured and suffered serious cuts on his face. Firefighters had to use the Jaws of Life to cut one passenger from the wreckage, before the passenger was rushed to the hospital, along with one other victim.
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Salvation Army Bell Ringer Seriously Injured When Hit By Car
Car accidents involving pedestrian victims are often the most serious types of accidents to occur. According to a recent news article from the Boston Globe, a Salvation Army bell ringer was badly injured when a car crashed into the pharmacy in front of which he was standing while collecting charitable donations.
The serious car accident occurred shortly after noon on Massachusetts Avenue. The 50-year-old Boston resident was hit by the car and trapped beneath it for several minutes before being freed. It was an employee of a nearby gas station who got a car jack and raised the at-fault driver’s vehicle enough to get the victim out of harm’s way. Authorities are saying victim’s injuries were serious in nature, but not believed to be life threatening. He was transported to a local hospital with severe trauma to his legs.
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Warger v. Shauers: Jury Selection in Car Accident Cases
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.
What 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: Duty of Care for Third Parties
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.
The 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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Venue in Car Accident Lawsuits
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.
In 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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Man Killed in Car Accident Involving a Horse
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.
Authorities 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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Boutelle v. Boutelle: Choice of Law in Car Accident Cases
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.
Sister 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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