Articles Posted in Car Accidents

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.
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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.
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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.
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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.
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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.
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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.
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In Floyd-Tunnell v. Shelter Mut. Ins. Co., an appeal argued in the Missouri Supreme Court, the plaintiff’s husband was killed in a car crash with an at-fault driver who did not have car insurance. As your Boston car accident lawyer can explain, courts refer to this type of driver as an uninsured motorist (UM).

At the time this fatal car accident occurred, the plaintiff and her husband were the named insured drivers on three liability policies for three vehicles that they owned. All three car insurance policies where purchased with the same carrier. Each of these policies provided UM limits of $100,000.

UM coverage is a type of insurance that a driver can purchase to cover himself or herself in the event of an accident with someone who does not have car insurance. While it is illegal to drive without car insurance, many people are out on the roads with no insurance every day. In the Commonwealth of Massachusetts, driving an uninsured motor vehicle is a crime punishable by up to a year in the house of corrections.

If someone who does not have insurance hits you, and you have UM coverage, the idea is that your insurance will pay you for your losses up to the limits of your UM insurance. If you have more than one vehicle, you may be able to apply the coverage from those other vehicles through what is called the stacking of UM coverage. In other words, if you are in an accident with an uninsured motorist, and you have $30,000 of UM coverage on the car you are driving, you could get that money to help with the losses you experienced from the car accident. If you have another car at home with UM coverage, you could possibly get that $30,000, as well, by stacking the two UM plans together.
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According to a recent article from Boston.com, a clown suffered what is being reported as minor injuries when she crashed her clown car into a utility pole. The woman was driving home from a show at a local elementary school and was still wearing her clown makeup and costume.

Approximately 10 of her friends (also clowns) arrived on scene to help the woman. It is alleged that the victim was attempting to operate her GPS and was looking away from the road when she ran into the utility pole. As noted by the author of the article, her friends drove away from the accident in separate cars instead of all crowding into the tiny clown car.

While this story ended without any significant injuries, our Boston car accident lawyers know that distracted drivers cause many serious and sometimes fatal car accidents each year. According to statistical information provided by the US. Government, in 2012, it was estimated that more than 420,000 people were injured car accidents caused by distracted drivers. The number of distracted driving-related fatalities that year was around 3,300 people.
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Inman v. Boykin, an appeal heard in the Supreme Court of Wyoming, involved a driver of a rental car who was allegedly driving in a negligent manner and crashed into another vehicle.

The first issue that arose is that the plaintiff filed the lawsuit against the both the driver and the rental car company. As your Boston car accident lawyer can explain, there is often an issue as to who is a proper party to the action in the case of a rental van or truck. There tend to be a lot of accidents in rental moving trucks because drivers are not properly trained and generally lack experience driving such large vehicles.

In Inman, the plaintiff filed the lawsuit against both defendants but did not immediately serve the either party. The plaintiff was having difficulty serving the defendants and moved for additional time for service. The trial court granted the plaintiff an additional 120 days to serve the plaintiff, based upon excusable neglect.

The plaintiff eventually served the defendant with an out-of-state summons form that was not properly authorized by the clerk of court. The defendant moved to dismiss on grounds that service was improper and that the plaintiff was time-barred from filing a civil lawsuit. The plaintiff filed a reply, but the court dismissed the plaintiff’s case with prejudice.
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According to a recent story in the Boston Herald, a car containing three people crashed into a Boston Fire Department station located in the Charlestown neighborhood of the city. Emergency personnel were able to quickly respond to the vehicle and transport the three occupants to a local hospital. Two of the people in the car were reported as being in life-threatening condition due to their substantial injuries.

The vehicle reportedly hit a gas pump located at the fire station. The pump was damaged but, luckily, there was not a gasoline leak that could have caused an explosion or fire. Firefighters used the Jaws of Life to cut the victims out of the car. Authorities have not released a cause of the accident.

Our Boston car accident attorneys understand that a single-vehicle accident caused by a negligent driver may result in serious personal injuries to passengers. These injured passengers may be required to file a personal injury claim against the driver.
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