Boston car accident lawyer

March 18, 2017

Liability in Crashes Where Sudden Emergency Alleged

Massachusetts courts do recognize that when a driver suffers a sudden medical emergency immediately prior to a car accident, he or she cannot be found liable for the crash. Applicability of the sudden medical emergency doctrine continues to be weighed by courts in the Commonwealth, as the defense always raises questions as to whether the medical emergency was foreseeable (i.e., was it sudden seizure or someone who knew they had epilepsy? etc.), and also whether strict liability may apply anyway.

Some states have considered sudden medical emergency to be an absolute defense against liability in a traffic accident (see the Ohio Supreme Court’s 2003 decision in Roman v. Estate of Gobbo).

Recently, the Utah Supreme Court considered this issue, finding that strict liability can still be imposed on a driver who suffers sudden incapacity. The case involves a motor coach driver who suffered a sudden and unforeseeable loss of consciousness. Continue reading

March 15, 2017

Auto Insurance Complications When Vehicle Use is Both Professional and Personal

by Jeffrey S. Glassman

Many people drive as part of their daily work routine. Some do so specifically to further the business of their employer. In cases where an at-fault driver was acting in the course and scope of employment, the employer may be found vicariously liable for its employee’s negligence – even if the employer wasn’t in any way directly negligent (i.e., negligent hiring, negligent supervision, failure to properly maintain vehicle, etc.).

However, when someone has permission to use a company-owned vehicle both for work and personal reasons, questions of liability can get complicated.

This was the matter at hand in a recent case weighed by a California appellate court, where the question was whether the at-fault driver’s personal insurer should be liable to pay a $500,000 arbitration award for a crash that happened while the driver was operating a company vehicle, but not in the course and scope of employment. Continue reading

March 5, 2017

Icy Roads a Threat to Boston Motorists

by Jeffrey S. Glassman

A massive 55-car pileup last month was the result of icy conditions across highways in the Boston region, which stretched well beyond throughout Massachusetts.

As reported by NBC Boston, authorities reported the 55-car crash was one of dozens reported across state expressways as ice and snow blanketed the region. In the biggest of those collisions, which occurred on I-95 in Wakefield, no one was killed, amazingly, but eight people were seriously hurt and had to be transported to local hospitals. Witnesses reported the collisions first started to occur around 6 a.m., as many drivers were beginning their morning commutes. One driver reported he tapped his brakes, and suddenly realized there was a sheet of black ice underneath. “There was nothing I could really do after that. Everybody just started sliding into each other.”

Authorities shut down I-95 and the Mass Pike due to slick conditions, and state workers in non-essential positions were placed on a two-hour delay as road crews responded to icy road conditions. Just in the city of Newton, there were more than 12 accidents, including one seven-vehicle collision on Route 128. There was also a 30-vehicle pileup on I-93 near the I-495 interchange in Methuen. There was a school bus with students that crashes in Melrose, though thankfully no one was injured. There was also a 10-car pileup in Woburn and a seven-car crash in Medford – both of those on I-93. A tractor-trailer overturned on the Mass Pike and was leaking fuel, and nine cars crashed on the Mass Pike in Weston. Continue reading

November 23, 2016

Fatal Car Accident in Milford, Mass. Results in One Dead

by Jeffrey S. Glassman

According to a recent news article from News 7 Boston, what police are describing as a “major” traffic accident resulted in one fatality. There are photographs (not pictured here) of the car that appears to be upside down and completely engulfed in flames taken by witnesses.

Authorities have said the deadly Milford crash occurred when the vehicle portrayed in the photographs began driving in a very erratic manner. As the driver was allegedly operating the motor vehicle erratically, the car managed to flip over onto its roof and then suddenly burst into flames. Continue reading

July 14, 2016

$11 Million Verdict Against Pizza Shop for Delivery Driver Car Accident

by Jeffrey S. Glassman

Jurors in Georgia delivered an $11 million verdict in a car accident lawsuit against Papa John’s to a woman who suffered traumatic brain injuries in a head-on collision with a pizza delivery driver.

According to Courtroom View Network, the eight-figure verdict interestingly did not include damages for future lost wages or future medical expenses. However, compelling expert witness testimony underscored the severity of 51-year-old plaintiff’s injuries, which includes severe memory loss, anxiety, depression, confusion and other long-term ailments. A renowned neurologist who also serves as a professor at Emory University offered key damages testimony, specifically regarding the extent of plaintiffs injuries. She testified that over the course of 25 visits, plaintiff had undergone extensive testing. The doctor asserted that in her two decades of medical practice, she had never seen such a severe mild traumatic brain injury.

The term “mild” might connote that the injury wasn’t dramatic in nature. But the evidence – including the expert witness testimony – proved otherwise. Continue reading

July 11, 2016

Rental Car Companies Now Have to Repair Recalled Vehicles in Fleet

by Jeffrey S. Glassman

There was a time when nothing would stop rental car companies from renting vehicles that had been recalled without first repairing them. In fact, rental car staffers didn’t even have to disclose to customers that the car had been recalled or that it wasn’t yet fixed. That time was over as of June 1, 2016.

Now, the Fixing America’s Surface Transportation (FAST) Act of 2015 is now formally in effect, which means rental car companies are prohibited by law from renting out recalled vehicles. Previously, the law only barred selling someone a car with unfixed recalls, but there was no law against renting such a vehicle to the unsuspecting public.

Of course, there are a few exceptions. For example, if the company has fewer than 35 vehicles, it’s exempt. But the good news is most rental car companies have fleets that are much larger than that. Continue reading

July 3, 2016

Cincinnati Ins. Co. v. Estate of Chee – Maximizing Insurance Benefits After Crash

by Jeffrey S. Glassman

Boston car accident lawsuits can sometimes involve family members or friends suing one another or the estates of those who did not survive. We know this sometimes sounds kind of terrible. After all, no one wants to sue their loved one. But the goal in these cases is usually not to collect damages from that individual, but rather from the auto insurance or other coverage those individuals might hold.

Let’s face it: If you’re in a serious crash, the bills are going to add up quickly. It’s compounded by the fact that the victim often can’t work during recovery. In some cases, recovery can take months or even years, and victims can be left with lifelong ailments and disabilities. It could also be a matter of helping a decedent’s family regain financial footing after a sudden loss.

But insurance companies are not eager to pay damages, either to their own insureds or to third parties. They are looking to reduce costs wherever they can. Although insurers can’t be named as defendants in car accident lawsuits (liability of the insured first has to be established), there are sometimes disputes against insurance companies that can arise within the context of an accident lawsuit. Let’s take for example Cincinnati Ins. Co. v. Estate of Chee. Continue reading

April 14, 2016

Boston Accident Lawyers Offer Ways to Be a Better Driver

by Jeffrey S. Glassman

Boston is the worst.

That is, if you’re driving. Or on a bicycle. Or walking somewhere.

As Boston car accident attorneys, we could have told you that based on our decades of experience. But we’re not the only ones who know. In 2015, Allstate ranked 200 major U.S. cities for the best and worst drivers in the country. Boston ranked dead last. 200th. Perhaps it shouldn’t come as a surprise either that Worcester, MA ranked 199th, Springfield ranked 196th.

So given what we know about the poor driving habits in Boston and beyond, what can we do about it? Continue reading

March 23, 2016

Report: Massachusetts Car Accident Kills Two

by Jeffrey S. Glassman

According to a recent news article from NECN, two people were killed when a car allegedly crashed into a pizza restaurant in West Newton, which is located just outside of Boston. Several other people were seriously injured in this accident.

Authorities have said the deadly Boston-area car accident occurred around 6 p.m., when the Sweet Tomatoes Pizza restaurant was filled with customers. Witnesses say the car came crashing through the restaurant and went all the way to the kitchen, where it crashed into a pizza oven. After the car hit the oven, it then collapsed on top of the car. Continue reading