Articles Tagged with Boston accident attorney

Most car accidents are the result of one or more drivers engaging in negligent behavior while on the road.  Negligent behavior is defined in Massachusetts by the following four elements:

•    Duty
•    Breach
•    Causation
•    Damages

highwayThe duty is a duty of care to act as a reasonable and prudent person so as to prevent foreseeable damage to foreseeable persons and property.  There are various ways a duty of due care can be imposed, and, in the case of auto accidents, that duty is imposed by law.  Anyone who drives in Massachusetts agrees to take on this duty of care.  This is true all over the country for the most part. Continue reading

While most car accidents involve a vehicle crashing into other vehicles or even pedestrians, there are numerous cases in Boston each year around the Commonwealth wherein a vehicle crashes into a business or residence. These can be among the most damaging types of crashes, since there are often people in these structures that have no idea a car or truck is about to come smashing through the wall. In addition to the personal injury possibility, there is often a great deal of property damage that results as well.

car crashAccording to a recent report from NECN, one local woman crashed her car into the storefront of a local business in Natick, Massachusetts, just outside the city of Boston. The driver was seriously injured in the crash and was rushed was to a local Boston trauma center. The exact cause of the crash was not known in the days following the accident, and the condition of this driver was unknown as well.First responders were called to the scene of this serious car accident around noon to discover, after speaking with witnesses and examining the damage, that she first crashed into a fire hydrant and then crashed into the building, which was actually shared by two separate businesses. As most people would assume, crashing into a fire hydrant will cause serious damage to a vehicle, unlike what is often portrayed in the movies and on television. While it can result in a geyser of water being shot into the air, in places like Boston, it likely will not, because the valve is well below ground level to prevent this from happening. Continue reading

Regarding those under 21, the Massachusetts law regarding alcohol consumption is clear: Don’t. Further, if you host a party at which underage drinking is occurring, you need to be aware that you’re opening yourself up to potential liability, particularly if one of those underage guests takes off in a car.drunkdrinking

First of all, M.G.L. Chapter 138, Section 34 makes it a criminal offense to furnish alcoholic drinks to someone under 21, and punishes violators with up to 1 year in jail and/ or a $2,000 fine. Beyond that, you could be held liable to pay damages to the minor or any third parties who are injured as a result of minors consuming alcohol you provided or allowed to be consumed.

A recent case out of Maryland, where similar laws exist, was pursued after an under-21 drinker left a party and caused a car accident, killing one and seriously injuring another. That case, Kiriakos v. Phillips, resulted in the Maryland Court of Appeals (the highest court in that state) issuing a determination that adults who allow underage drinking on their property may owe a civil duty to injured persons – including the minor who was drinking – and that defendants in this case owed both victims a duty of care. That was a reversal of the trial court’s ruling. Continue reading