Throughout Boston, hit and run accidents take many different forms. Often, drivers of motor vehicles hit a pedestrian and continue to drive, hoping to attempt to avoid liability. In other cases, one vehicle strikes another and flees the scene without stopping to provide help or exchange information. In most circumstances, hit and run collisions leave...
After suffering injuries in a car accident in Boston or the surrounding areas, individuals have three years to file a case in court, according to Massachusetts law. This important law, called the “statute of limitations,” is strictly interpreted by courts, and if a case is not filed within this period of time, the plaintiff may...
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...
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...
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...
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...
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...
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...
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...
