car accident lawsuit

February 24, 2018

Massachusetts UM/ UIM Claims May be Forced into Arbitration

Not all Massachusetts car accident injury claims will be resolved in a courtroom. Some of course will be settled without ever having to file a lawsuit. Injured motorists, passengers or bicyclists simply file a claim with the insurer, the insurer makes a reasonable settlement offer, claimant signs off on it and it’s done. (This is usually for cases wherein injury was not serious and damages weren’t extensive.) Other times, claims will be resolved via arbitration.

Arbitration is not necessarily a preferred forum for resolution of Boston car accident claims (or any civil litigation) where the plaintiff is concerned. It’s not a transparent process, and results tend to be more favorably skewed toward the defendant/ insurer (at least compared to personal injury litigation outcomes). However, many courts in Massachusetts will uphold arbitration agreements, depending on the language in the insurance policy.

For instance last year, the Massachusetts Appeals Court held the lower court (Bristol County Superior Court) in Chamberland v. Arabella Mutual Insurance Company did not abuse its discretion in deciding the insurer could compel plaintiff in the car accident lawsuit to resolve the underinsured motorist claim via arbitration, rather than in a courtroom. Continue reading

July 29, 2016

Could Pokemon Go Creators Be Liable for Accidents?

by Jeffrey S. Glassman

The Pokemon Go craze that swept the country resulted in all sorts of bizarre stories about video gamers trolling lawns late at night trying to “catch” the cartoon creatures. But there was on recent report that piqued the interest of our Boston car accident lawyers: That of a 26-year-old man who caused a major accident in Massachusetts after stopping in the middle of the highway to nab a Pikachu.

As it turns out, the story is 100 percent false. Although it gained some traction on social media, it was published on a phony news site.

However, that doesn’t mean the potential for an incident isn’t there. Reports have been made concerning motorists who are hunting down the characters while behind the wheel. What does this mean in terms of liability? Continue reading

June 29, 2016

Car Accident Lawsuit Victim Awarded $800k Judgement Against City for Worker Negligence

by Jeffrey S. Glassman

A woman in Salem (Oregon, that is) was awarded $800,000 in damages against the city after a public workers employee reportedly crashed into the side of her vehicle in April 2013. The city worker was reportedly working on electrical boxes along a bustling street. Intending to make a U-turn, he positioned his vehicle under the traffic light and, while repositioning his vehicle, plaintiff made a left turn onto the road.

The two drivers dispute what happened next. Plaintiff alleges she was in the left lane and was starting to pass the truck when the driver suddenly initiated his U-turn and hit her passenger-side door. Defendant worker said not so, he started to turn when no vehicles were near and was a quarter of the way through his turn when plaintiff tried to pass him.

Either way, the U-turn was illegal so defendant was cited and ultimately, he was found guilty of that. However, that citation wasn’t admissible evidence in civil court. Plaintiff then sued the city for vicarious liability for the worker’s negligence and now, a jury has decided the worker was 90 percent to blame for the crash. Continue reading

April 15, 2016

$10M Settlement in Car Accident That Killed Paul Walker, Other Case Pending

by Jeffrey S. Glassman

The only child of famed actor Paul Walker, who died three years ago in a fiery car accident, reached a $10.1 million settlement with the estate of the man who was driving the Porsche Carrera GT.

However, that should not affect a case the girl still has pending against Porsche, alleging defective design and manufacturing of the sports car.

A representative for the driver’s estate released a statement indicating the driver, Roger Rodas, was partially responsible for the accident. However, that does not change the fact that the vehicle manufacturer bore significant responsibility for what happened, he said.

You may recall the crash occurred while Walker, 40, was on break from filming the seventh installment of the “Fast and the Furious” franchise series. He and Rodas, a 38-year-old husband and father, were at a charity event when they decided to drive away in the Carrera GT. Authorities would later say the vehicle was traveling 90 mph (a fact contested by the families of both Walker and Rodas) when Rodas, an auto shop owner, lost control of the car and it smashed into several trees and a concrete pole. Both men died within seconds as the vehicle burst into flames. Continue reading