Articles Posted in Car Accidents

No person injured in a Boston car accident should have to suffer further injury fighting with the insurance company to receive what is rightly due. Unfortunately, it happens a lot.

Many times, hiring an experienced auto accident lawyer is enough to prompt the insurer to simply pay what is owed. However, there are some cases in which insurers will continue to fight, in certain instances even knowing that doing so results in an unfair and unnecessary delay or denial of a rightful claim. When this happens, it’s called acting in bad faith, and it’s not only unethical, it’s illegal. Accident victims in Massachusetts who have endured such a scenario have the right to pursue a bad faith insurance claim, in addition to seeking compensation for the original damages.

In the recent case of Lockwood v. Geico General Insurance Company, the Alaska Supreme Court ruled that a bad faith insurance claim, dismissed by a lower court, should be allowed to proceed, as there was a genuine question of material fact as to whether the insurer had a reasonable basis to delay the claim.
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The driver of an MBTA bus who was involved in a collision in May claimed that the accident occurred because of a sneezing fit. According to Boston Magazine, the bus slammed into a guard rail, leaving its front wheels hanging off an overpass above the Massachusetts Turnpike. The driver claimed that her allergies caused her to sneeze with such excessive force that it caused her to lose control of the bus and hit the guardrail. She also indicated that her eyes were closed at the time of the collision.

Unfortunately, the driver’s story about sneezing may be untrue in this particular case because surveillance cameras on the vehicle show that she had an item in her left hand that looked like a cellular phone. An investigation is still being conducted to determine if holding the phone contributed to the crash.
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Car insurance companies are notorious for finding loopholes in policy language with which to deny coverage.

One that Boston car accident injury lawyers have seen with greater frequency is the denial of coverage to non-married, cohabiting spouses, even when they are technically on the same plan. Coverage in these cases can be a minefield, as evidenced in the recent case of Bell v. Progressive Direct Insurance.

This was a case that recently made its way all the way to the South Carolina Supreme Court for review. Ultimately the court sided with the insurance company, illustrating why policy language must be read very carefully. Many policies grant coverage to “household members,” but the definition of that may in fact be quite narrow.
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Our Boston car accident lawyers recently provided tips for safe travel over the Memorial Holiday. Driving carefully is especially important because there will be more motorists on the road, which leads to an increased risk of accidents. For those who are heading out to visit friends or enjoy a vacation weekend, the news that travel will be heavy this year raises an important question: just how dangerous is Memorial Day and how big of an increased risk of collisions is there?

The National Safety Council (NSC) recently took a close look at just how much of an impact Memorial Day has on traffic deaths and injuries. Memorial Day was defined as beginning at 6:00 p.m. on Friday and ending at 11:59 p.m. on Monday. The holiday always spans 3.25 days.
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Memorial Day is always a time when many people hit the road to celebrate the start of the summer season and the end of the school year. Travel is expected to be especially heavy this year, with more people on the road than in 2013.

With more drivers out for the holiday weekend, there is an increased risk of collisions. Motorists need to remember best practices for safe driving over the Memorial Day weekend in order to reduce the chances of a motor vehicle accident occurring. If a collision does happen, a Boston car accident attorney should be consulted to provide assistance with a legal claim for damages.
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Wrong-way accidents are being studied as one of the most common causes of highway fatalities. In a recent Boston case, 7 vehicles were involved in a fatal wrong-way collision on I-495. According to CBS Local, the driver who was at fault for the seven car collision on Interstate 495 was killed and identified the day after the collision. The case illustrates the significant risk posed by wrong-way motorists and points to the need for additional study and preventative measures.

Though not all accidents are preventable, studying the underlying cause of collisions can help to prevent them in the future. In cases involving wrong-way collisions, the cause may involve improper signage, the use of alcohol, or other unforeseeable issues that may guide the driver the wrong-way on an exit or on-ramp. Our Boston car accident attorneys are dedicated to protecting the rights of accident victims and to staying abreast of safety issues throughout Massachusetts. We are committed to raising awareness and accident investigation to prevent future injuries and fatalities.
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Pregnant women must take certain precautions to keep themselves and their babies safe. In addition to proper nutrition, avoiding alcohol, scuba diving, hot tubs, and not boarding an airplane in the final trimester, women should also be careful when getting behind the wheel. According to a recent Canadian study, pregnant women are more likely to be in a serious car crash. The report, which was recently published in the Canadian Medical Association Journal, and highlighted on NPR, indicates that the risk for pregnant women is highest during the second trimester. Research shows that expectant mothers are as likely to be involved in an accident as someone with sleep apnea.

For pregnant women, being aware of accident risks could help to prevent collisions and subsequent injuries to themselves, their babies, and other motorists on the road. Our Boston car accident attorneys are dedicated to helping victims maximize their compensation in the event of an injury or the loss of a loved one. In addition to providing experienced and strategic representation, our firm is also abreast of scientific research and studies that may impact drivers and other motorists sharing the road.

The data looked at more than 500,000 mothers in Ontario and followed driving records and data for five years, including 4 years before the baby was born and a year after birth. During the second trimester the accident rates spiked and some researchers believe it may have to do with hormonal changes during pregnancy. Researchers and safety advocates are not recommending that pregnant women do not drive, only that they be more careful when behind the wheel. Expectant mothers should take extra precautions including the following:
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The Massachusetts Department of Transportation (DOT) is revamping an old message to Boston drivers. In a dialect that locals will understand, the DOT is urging drivers to, “Use yah blinkah.” The agency is hoping to get the attention of drivers and remind them to use a blinker when changing lanes. While the localized slogan is catchy and clever, it is also critical, as failure to signal a lane change can cause serious accidents and injuries.

Communication with other drivers on the road is important to preventing accidents and injuries. While we can take clues from drivers through their speed, direction and other factors, we also expect drivers to use their blinkers to indicate when they will be turning or making a lane change. Failure to do so is a leading cause of accidents. Our Boston car accident attorneys are dedicated to raising awareness to prevent accidents and injuries. We are also experienced advocates who provide strategic counsel to victims in the event of a pedestrian, bike, car or truck accident.
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In the event of a car accident, Boston injury attorneys will often explore the possibility of vehicle owner liability – even when the owner wasn’t driving and may have been nowhere near the site of the crash.

This is due to the legal principle of vicarious liability, which under English common law was referred to as “respondeat superior.” Essentially, a “superior” can be held liable for the negligent actions of a “servant.” It’s under this principle that companies employing reckless commercial drivers can be sued. It’s also under this principle that a parent could be sued for handing over the keys to a teen who has a history of making poor decisions behind the wheel.

However, it also allows that simple ownership of a vehicle makes one responsible for its use. Further, simply having one’s name on the title could indicate liability, at least according to a recent decision by the Florida Supreme Court.
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It was recently announced that RideScout, a technology platform that focuses on smartphone applications to connect people who need a ride with people who can supply it, is partnering with Zipcar to launch a new ride-sharing service in Boston.

It will join others, like Hailo taxi, Sidecar, Uber, Lyft and Hubway.

These services are featured as fast, convenient and usually cheaper than paying for a taxi. However, car accident attorneys in Boston note there is growing concern in a number of municipalities regarding not only the safety of such services, but also what kind of insurance coverage is available to victims when the event of a traffic accident.
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