Articles Posted in Car Accidents

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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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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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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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.

During 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.

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.

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.
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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.

First 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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Underinsured Motorist (UIM) and Uninsured Motorist claims involve a car accident victim attempting to get his or her own liability insurance carrier to pay financial compensation when the at-fault driver is uninsured or does not have enough insurance to cover total damages.

Heflin v. Merrill, a case from the Mississippi Supreme Court, involved an at-fault driver who crashed into the rear of plaintiff’s car. While this was not a fatal automobile accident, at-fault driver died from unrelated causes following the accident. Plaintiff filed a car accident lawsuit against driver’s estate and her own underinsured motorist carrier.
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Boston Herald columnist and conservative radio talk show host Howie Carr is taking time off the air to recover from a recent car accident. According to reports, Carr was involved in automobile crash on the Mass Pike near the Allston/Brighton neighborhoods of Boston.

The Boston two-vehicle crash occurred just after 1 p.m. in the westbound lane of Interstate 90. Police are stating that Carr was the only person involved in the accident who was taken to the hospital. Carr is reported to have suffered from minor injuries. He was treated and later released from Massachusetts General Hospital (MGH) following the accident.

Carr’s radio station also issued a statement saying that Carr was injured in an accident and wished he was able to discuss the recent Republican victories in the election, but he needed to be kept in observation to ensure a complete recovery.
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