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While some cases will go to court and require an actual trial before a judge (bench trial) or even a jury, the clear majority of Boston car accidents will settle prior to going to trial.  The reason for this is because, whenever there is a car accident, we are virtually always dealing with an insurance company.

Boston Car Accident Lawyer Car insurance companies make a lot of money in what is essentially a gamble.  They are taking money from the insured and betting there will not be an accident, or at least if there is, it will cost less to pay for that accident than the amount they receive in premium payments.  However, the insurance company really can’t lose this bet, because they have more than one insured motorist.    They have so many clients that the risk is spread over a pool of drivers.  This means that, as long as they do not pay out more in claims for all of the their insured than they collect in premiums, they will make money. Continue reading

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In the Commonwealth, pursuant to Title XIV, Chapter 90 of the Massachusetts General Laws (MGL), which is part of the Public Ways and Works regulations, everyone who operates a motorcycle, rides on a motorcycle as a passenger, or is riding in a sidecar mounted on the side of a motorcycle must wear protective head gear.

Boston Motorcycle Accident LawyerThere is no description of what the protective head gear must be other than it must conform with the requirements as set forth in the regulations of the Registry of Motor Vehicles (RMV).  This currently includes a helmet approved for use on a motorcycle and some form of eye protection. This can include a windshield on the bike unless you have an instructional (learner’s) permit.  If you have an instructional permit, then eye protection is required.  This can include goggles or a visor on the helmet.  However, it should be noted that if you have a flip-up visor on your helmet, it must be down when you are riding, or the police can, and often will, pull you over and issue you a fine for not complying with safety laws. Continue reading

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There are many different ways motor vehicle collisions can occur.  However, in the vast majority of cases, these are not truly “accidents,” but rather are due to the fault of at least one driver.  When a car accident is caused by the carelessness or recklessness of one or more individuals, it may be a form of negligence negligence and is therefore the basis of filing a personal injury claim, particularly if there were serious injuries or fatalities.

car crash Boston However, it’s not enough simply to assert fault. One must prove negligence – defendant had a duty, defendant breached duty, breach of duty caused plaintiff’s injuries. This is sometimes a contentious issues in car accident litigation.  In other cases, there is no question as to fault, but there is fierce dispute over damages.  If a car was only scratched and there was no other serious damage to the vehicle, yet the occupant suffered substantial personal injury, the auto insurer is likely to fight the claim, arguing the injuries do not line up with the impact in the crash.

When this happens, the insurance will company will often make what your experienced Boston car accident lawyer calls a nuisance offer.  The insurance does not think they have a real chance of losing a lot of money at court so they do not make a fair offer.  However, while many car accident lawyers just accept anything they can get, you want to make sure you have an aggressive lawyer who will fight for your right to the compensation you deserve, even if that means going to trial. Continue reading

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When an accident involves more than one vehicle, this can greatly complicate matters.  In some cases, it means there was one victim and more than one at-fault defendant.  While this may mean there is more insurance coverage, and the victim can therefore receive a full and appropriate financial recovery, it can also mean that the insurance companies will blame each other’s customers and try to deny liability.

Boston Car Accidents Eventually, the insurance companies will typically work something out that avoids them fighting for indemnification in court, but it sometimes comes to that.  On the other hand, we have accidents with multiple victims and not enough money to go around. This can create a more challenging case, as each insurance policy has a per-claim maximum that the customer has purchased, and this is the most the insurance company will pay. Continue reading

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Many jurisdictions have what are known as no-chase policies for police.  As the name implies, this means that police are not allowed to pursue a suspect via the high-speed car chase. The reason for this is because high-speed chases can result in serious personal injury and property damage to any number of innocent bystanders and may not even result in the apprehension of a suspect.

car accident lawyer BostonAs it turns out, a radio or cell phone signal can travel a lot faster than a car, so it is better to just radio to units ahead who can set up a road block, or that can deploy tire damage strips to disable the fleeing vehicle. The police can also deploy an air unit to tag the suspect’s vehicle using a forward looking infrared radar (FLIR) system, and that will make it very difficult for the car to escape, because it combines the heat signature of the vehicle and the radar signature of the vehicle. Continue reading

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One of the more common injuries suffered in a Boston car accident involves damage to the neck or spine.  A neck injury can range from mild discomfort to permanent paralysis or even death.   One thing to keep in mind is that even in a seemingly minor car accident, a neck injury is possible, and this can result in a permanent pain and suffering, including headaches and other types of physical discomfort.

car accident lawyerOne of the more common types of injury involves damage to the soft tissue.  A soft tissue injury (STI) can occur anywhere in the body, but the neck is a major site for the trauma in a car accident lawsuit. A soft tissue injury can include a strain or contusion to the soft tissue and often results in considerable pain and suffering.  It will often be of necessity to have a neurological examination to rule out any more serious injuries and for victim to undergo physical therapy until the pain subsides. Continue reading

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In the clear majority of car accidents, a car will collide with another vehicle such as a car, truck, SUV, or motorcycle. In some accidents, a car will collide with a pedestrian, and these are often accidents that result in serious personal injury or death.  In other cases, a car will crash into a fixed object such as a sign post, tree, utility pole, or other similar item.  However, in some cases, a car will crash into a residential or commercial building, and these crashes can result in serious personal injury to persons and property.

Boston car acccidents According to a recent news report from CBS Boston, car crashed into the emergency room of a Newton hospital.  There were reportedly two elderly women in the car that crashed through the glass front of the emergency room.  Authorities say there was nobody near the windows at the time of the crash, so nobody inside the hospital emergency room was injured. Continue reading

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When a car hits a pedestrian, there is often significant personal injury or death.  Due to the fact that a car weights over 2,000 pounds and is moving, and a pedestrian has almost no protection, the pedestrian would be very fortunate to only suffer minor injuries, and that is not usually the case.

Boston car accidentsFor this reason, car accident lawsuits often involve substantial damages.  Damages, which is the legal term for the monetary loss suffered in a Boston car accident, often include money for pain and suffering, lost wages, past medical bills, future medical expenses, rehabilitation expenses, and other types of special damages. Continue reading

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Each year, as millions of Americans celebrate Memorial Day with backyard cookouts and family get-togethers to mark the unofficial start to summer, there is another period we enter known as the “100 Deadliest Days for Teen Driving.”

car accident lawAs discussed in a recent news article from CBS Baltimore, during the roughly 100 days between Memorial Day in May and Labor Day in early September, thousands of traffic fatalities occur each year, and many of these deadly car accidents involve teen drivers.   As we have discussed in previous years, this has been the case for quite some time.  For example, in 2013, more than 371,000 people were injured and around 3,000 people were killed in car accidents during this period alone. Continue reading

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According to a recent report by The New York Times, car accidents are still a leading cause of child deaths nationwide. Many of those killed were not wearing seat belts. In children under the age of 15, the top cause of death is from unintentional injuries, and the clear majority of these injuries are caused by car accidents.

Boston car accidents Looking at the actual numbers, one study showed that between 2010 and 2015, 2,885 children were killed in car accidents.  That is an incredible number.  This number does not include those who were killed as pedestrians, on motorcycles, bicycles, or those riding in the back of a pickup truck.  Basically, we are only talking about kids who were in a normal passenger vehicle. Continue reading