Determining liability, or legal fault, for an accident is central to a personal injury claim for damages. Accident victims can hold careless drivers accountable for their actions, but as plaintiffs in a personal injury claim, they carry the legal burden of proving fault. Many Boston car accident cases are based on a negligence theory of...
Personal InjuryBoston Taxi Driver Crashes into Pedestrians Outside Logan Airport After Losing Control of Car
July 5, 20170
A Boston car accident attorney is prepared to represent those harmed by the negligent conduct of another driver. Recently, 1o people suffered injuries when a taxi driver plowed into them outside Logan International Airport. According to a news report, the incident reflected driver error, rather than terrorist intentions. The driver mentioned that instead of hitting the...
When a vehicle collision occurs, it may be due to the negligence of a driver. Negligence forms the legal theory of many personal injury claims, and victims can recover damages they have endured for serious injuries after proving the legal fault of the other driver. To demonstrate negligence, the plaintiff victim would show that the defendant driver owed them...
Personal InjuryCar Accidents Cause High Number of Child Deaths; Massachusetts Comparative Negligence Law May Reduce Recovery When Seatbelts Not Used
June 13, 20170
A recent report issued by the New York Times indicates that for children under the age of 15, the most common cause of death is unintentional injuries resulting from car accidents. In the majority of fatal crashes, children were not wearing safety belts. The National Highway Traffic Safety Administration provided statistics that supported the research and indicated that from...
Auto AccidentMassachusetts Review Board Affirms Decision in Favor of Employee Traveling Home, Holds “Going and Coming” Rule Does Not Bar Compensation
June 7, 20170
The Massachusetts Department of Industrial Accidents, Review Board, recently analyzed whether an employee could receive workers’ compensation for injuries sustained while driving home from a nursing job. According to the “going and coming” rule, employees who are traveling to and from work are barred from recovering compensation for their injuries. In the case before the Board, the workers’...
Injury SettlementPersonal InjuryMassachusetts Court of Appeals Finds Insurance Company Had Not Engaged in Unfair Settlement Practices Following Rear-End Collision
May 17, 20170
Recently, the Massachusetts Court of Appeals analyzed whether an automobile insurance company had engaged in unfair practices regarding a car accident victim’s claim for damages. The plaintiff in this case had been awarded a substantial jury verdict of $818,000 for his personal injury claim against the driver who rear-ended his vehicle. The insurer had offered to settle for...
Personal InjuryMassachusetts Statute Helps Plaintiffs Prove Fault Through Car Registration But Does Not Change Requirement of Proving Elements of Claim Following Car Crash
May 3, 20170
According to Massachusetts law, in an injury claim following a car accident, evidence that the car involved in the collision was registered to the defendant is prima facie evidence it was being operated and controlled by someone for whom the defendant was legally responsible. At issue in an appeal before a Massachusetts appellate court was how much weight to afford...
Injury SettlementPersonal InjuryMassachusetts Court Finds Insurance Company Did Not Engage in Unfair Claim Settlement Practices After Motor Vehicle Collision
April 19, 20170
A Massachusetts court recently held that an automobile insurance company had not engaged in unfair claim settlement practices, in violation of state law, when it conditioned a payment of its policy limit on a release of all claims against its insureds. Following a one-vehicle accident in Swampscott, an injured passenger brought negligence claims against the driver and...
Personal InjuryMassachusetts Court Finds in Favor of Plaintiff; Automobile Insurance Company May Have Negligently Failed to Safeguard His Personal Information Regarding Insurance Claim Following Accident
April 12, 20170
In an appeal involving an employer’s duty to safeguard confidential information, the Massachusetts Court of Appeal held that a lower court’s grant of summary judgment in favor of an automobile insurance company should be vacated. The lower court had found that the plaintiff had not met his duty of showing the company’s negligence in safeguarding his confidential...
Personal InjuryMassachusetts Court Upholds Motion for New Trial Based on Excessive Damages Awarded to Victim of Car Accident When Judge Found Medical Evidence Failed to Support Alleged Harm
March 28, 20170
In a personal injury lawsuit following a car accident, the issue of liability, or legal fault, was conceded. This means that the defendants admitted they were at fault, and the issue before the jury was the amount of damages to award the injured victim. The procedural issues in this case reflect the importance of medical records and...