Articles Posted in Car Accidents

According to a recent news article in the Boston Globe, the captain of the Winchester High School football team was killed in a single-vehicle car crash. Authorities are reporting that he was driving alone in his car in a suburb north of Boston in the early morning hours when he suddenly left the road and crashed into a tree.

The cause of the accident is still under investigation as friends, family, and classmates mourn the tragic loss of the 17-year-old victim.

As our Boston car accident attorneys know too well, these tragedies forever change lives. While insurance companies are often quick to blame these types of accidents on distracted driving or simply an unfortunate turn of events, an accident reconstruction expert may be able to determine if the victims or their families have a valid negligence claim.

During pretrial phase of a car accident lawsuit in the Commonwealth of Massachusetts, plaintiff’s attorney will be able to serve various discovery requests on defendants. This process is known by attorneys as propounding discovery. These requests can require a car manufacturer to turn over all information pertaining to defects in a particular vehicle, including test data, recall notices, internal service bulletins shared with dealerships, and company memoranda related to defects in the car.
Continue reading

According to a recent article from the Chicago Tribune, a driver crashed his car into a local 7-Eleven convenience store and then fled the scene. Witnesses are reporting that the driver went into to the convenience store to get a carton of milk.

When he arrived at the store, he allegedly crashed his car through the wall until it was completely inside the business. The driver then ran away on foot leaving his car inside the convenience store. When police arrived at the scene, they found a 2004 Acura in the middle of the store with the engine still running.

Police searched the area for someone matching defendant’s description. Police later found the man, arrested him and took him into custody. Defendant told police that he went to the store to get a carton of milk, and, when he hit the brake to stop, the pedal stuck and would not depress. Unable to stop, he ran into the store.

Defendant was placed under arrest for driving without a license, leaving the scene of an accident (hit-and-run), and failing to give his information to the storeowner before leaving the scene. Defendant was taken to the county jail where he was to be held until his arraignment.

Our Boston motor vehicle injury attorneys can explain that while this is a strange accident, hit-and-run accidents happen all the time. Many times, the driver who caused an accident is never found. If the driver is found, it may be very difficult to convict the driver of the hit-and-run because of the fact that someone must identify him or her as the person driving the car. It may not be enough to prove that defendant owned the vehicle at the time of the accident.

In many of these cases, the victim of the car accident that was caused by a hit-and-run driver, must file a claim with their own insurance company, making a UM or UIM claim. UM is an abbreviation for uninsured motorist coverage and UIM is short for underinsured motorist.
Continue reading

Auto insurance companies have a laundry list of ways to limit or circumvent liability for claims in major accidents. One of the most notorious methods is a “step-down provision.”

Applicable in a range of circumstances, the step-down provision holds that, under certain conditions, the insurer will only cover the statutory minimum required by law, as opposed to the liability limit for which the insured actually paid. One type of step-down provision is the family step-down provision. It holds that if one of the injured parties is a family or household member of the at-fault party, the insurance coverage will “step down” to the statutory minimum.

Our Boston car accident lawyers understand that while insurers have successfully asserted this clause in crash cases across the country, a number of state supreme courts and legislators have stepped in to find such clauses contrary to public policy. That means the greater public good is harmed by enforcement of such a provision.

Recently, South Carolina joined the ranks of states standing up to insurers on this issue, with the state supreme court ruling in Williams v. GEICO. The insurance company in this case attempted to stretch the family step-down provision to the at-fault driver’s wife (as a family member), despite the fact that she was also a named insured.
Continue reading

While we might expect to see gators sunning themselves at roadside on some long strip of highway in the Florida Everglades, such scenes would be highly unexpected here in Massachusetts.

We do, however, have an abundance of “road gators,” as they are often called. Although not a massive reptilian, they bear a striking resemblance to such – and can be far more dangerous. “Road gators” are shreds of debris, usually steel-reinforced truck tires that can stretch anywhere from 8 to 10 feet long and weigh 70 pounds or more. This debris is often found on the highway shoulder, but sometimes found lying squarely in the middle of the road – and can cause a serious accident, particularly when on interstates with speed limits of 70 miles-per-hour.

It’s a particular problem in summer, according to the National Highway Transportation Safety Administration. Hot pavement contributes to tire wear and tear, and these problems stretch well into September. Often, people swerve to avoid debris, but the chain reaction ends up being worse than if they had actually struck it. The NHTSA reports swerving to avoid roadway debris causes some 25,0009 crashes each year.

Our car accident lawyers in Massachusetts know liability in these cases can be tricky. Unless it occurs directly in front of the injured party or witnesses, it may be next to impossible to identify the truck from which the debris originated.
Continue reading

According to a recent news report from ABC 40, two people were hospitalized after a four-car accident in Western Massachusetts. The accident occurred at an intersection around noon.

Emergency crews arrived to find three cars heavily damaged and one car that had sustained minor damage. One of the drivers sustained serious injuries and was taken to the hospital. Another driver was taken to the hospital with what were described as non-life-threatening injuries.

Two other drivers and two passengers refused treatment when asked by paramedics if they needed to go the hospital. It has been reported that one of the vehicles ran a red traffic signal, and that may have been the reason for the crash.

As your Boston car accident attorney understands, you should never refuse medical attention if you have been in an automobile accident if offered by the paramedics, EMTs, police, or firefighters. You may not realize the extent of your injuries or even whether you have any injuries at all.
Continue reading

According to a recent article in the Boston Herald, Jalen Saunders, a rookie wide receiver who plays for the New York Jets, was in a single vehicle crash. He is reported to be in the hospital for observation, and there has been no word on the seriousness of his injuries. He is expected to miss at least one preseason game due to his hospitalization.

As our Boston car accident attorneys understand, single vehicle accidents can pose unique challenges to an injured victim. First, it should be noted that just because there was only one vehicle that crashed, does not mean that it was the injured driver’s fault.

Often times a driver will act in a manner that causes another driver to crash without crashing his or her own vehicle. We tend to see this when a driver weaves or makes an unsafe lane change, or even drives the wrong way down a street, causing another vehicle to take evasive action. Swerving out the way may lead to running off the road and crashing into an object like a utility pole or having a rollover accident.
Continue reading

As your Boston car accident lawyer can explain, insurance companies will often engage in substantial litigation to avoid paying claims.

Progressive Casualty Insurance Co. v. MMG Insurance Co. involved a car passenger who suffered severe personal injuries as a result of a motor vehicle accident. Those injuries cost him much more than $500,000, which was the policy limit on the vehicle
The victim’s mother owned the car. The driver of the car was the sole person liable for the single-car crash.
Continue reading

Our Boston car accident lawyers know defendants will file pre-trial motions to dismiss in nearly all negligence cases.

In the Estate of Edmund M. Carman v. Tinkes, the plaintiff’s car crashed into the back of the defendant’s commercial pickup truck. According to court records, the plaintiff was driving his car early one morning before dawn. He did not have his headlights on and was driving in what was described as a “quick” manner.

When the plaintiff approached a red traffic signal, he did not attempt to stop or slow down. Instead, he crashed into the back of a large commercial pickup truck driven by the defendant. The plaintiff’s car was completely destroyed in the accident, and the plaintiff was killed.
Continue reading

According to a recent story from WMUR, a Massachusetts woman crashed her Honda Civic into a recreational vehicle (RV) on Route 9. The Civic was traveling on Route 9 when it allegedly crossed into the other lane and struck the RV, according to police. The RV was built in 1974 and obviously lacked some of the safety equipment found on modern vehicles.

Tragically, the driver of the Civic and her two passengers were killed in this accident. The driver of the RV was taken to a hospital to be treated for serious but non-fatal injuries. A passenger in the RV was also killed in the accident. The RV was also towing a car that was destroyed in the accident. 

While it is known that the Civic hit the RV, police have not concluded who was ultimately responsible for the deadly motor vehicle crash and are continuing to investigate.

As your Boston car accident attorney can explain, cases involving the deaths of both the plaintiff and defendant typically require extra attention. First, the plaintiff’s surviving heirs (family members) will need to open a probate estate. The probate process is designed to pay any final debts of the decedent’s estate and distribute any assets remaining in the estate.
Continue reading