Massachusetts Injury Attorney News

According to the Centers for Disease Control (CDC), traffic accidents are a public health concern in the United States, and a serious issue in Massachusetts. Car crashes are among the leading causes of severe injuries and death, killing nearly 100 people every day. Although fatality rates are improving slowly, it is still considerably higher than other developed nations. Many factors contribute to the outcome of a Massachusetts car accident. These factors include the driver and passenger’s age, the use of seat belts and restraints, the driver’s impairment level, and whether the accident involves pedestrians, bicyclists, or motorcyclists.

In the last full reporting year, CDC data indicates that 400 people died in a Massachusetts car accident. In 2020, there has already been close to 76,000 reported crashes and 286 fatalities. Nearly 1000 of these accidents involved pedestrians, and 824 involved bicyclist collisions. Although the overall number of accidents decreases slightly, the rate of fatal accidents remains similar to past reporting years.

The majority of these accidents involve motorists between the ages of 25 and 34, followed by those between 35 and 44. However, there is a significant number of crashes where the driver’s ages are unknown. Over 2000 passenger vehicle occupants died in a Massachusetts motor vehicle accident in the last reporting year. Many fatalities occurred because the driver or passenger was not wearing a seat belt or other restraint. Massachusetts law and policymakers encourage and require motorists to use these safety restraints, as they are a proven way to reduce an accident’s severity. Wearing a seat belt and buckling children into age and weight appropriate booster seats can reduce the risk for severe injury and death by 50%. In Massachusetts, seat belt laws are secondary, and cover drivers and passengers over 13 years old. Further, child restraint laws require that children seven years old and younger are buckled in a car or booster seat.

Under Massachusetts law, parents maintain the legal duty to ensure their child’s safety and well being. Inherent in this duty is parental responsibility for their child’s negligent conduct. Massachusetts parental liability laws provide that a parent may be held financially responsible for injuries and property damage that their child causes. In some cases, parental liability may extend to certain criminal acts their child engages in as well, such as vandalism. However, the most common situation where a parent may be held responsible is motor vehicle accidents.

These cases often fall under one of two main legal theories, vicarious liability or direct liability. Under vicarious liability, a parent may be responsible for injuries and property damage even though they did not have direct involvement in the situation. This typically applies in situations where a parent is the owner of the vehicle involved in the accident. In these situations, the parent would be liable for their teenager’s acts while they were driving the parent’s vehicle. Whereas, under direct liability, a parent may be responsible if they failed to control their child when they knew that their child would engage in negligent or reckless conduct.

For example, recently, a Massachusetts news report described an accident involving five teenagers. According to state law enforcement officials, the single-vehicle accident occurred shortly after midnight. The police department stated that the collision involved five individuals who ranged from 13 and 15 years old. Three of the juveniles were ejected from the vehicle and were transported to a local hospital. The other two occupants exited the car after the accident and did not require immediate medical attention. Video footage shows that the white jeep rolled over, and the roof was completely crushed.

Pedestrians, such as daily commuters, runners, hikers, and those traveling by stroller or wheelchair, are among the most vulnerable type of road users in Massachusetts. The National Highway Traffic Safety Administration (NHTSA) classifies these groups of people, along with young drivers, bicyclists, and school bus occupants as “higher risk transportation system users.” These individuals tend to suffer the most significant injuries and damages when they are involved in an accident. The NHTSA’s most recent data indicates that these users accounted for over 50% of the nearly 400 traffic fatalities reported to the state.

The rate of pedestrian fatalities occurs more frequently during colder months (October-February) than warmer ones (March-September). Research suggests that these rates coincide with low visibility, unsafe roadways, and judgment errors. Although motorists have a higher duty to act with reasonable care for others’ safety, pedestrians must also abide by a similar duty of care. Both motorists and pedestrians must take steps to prevent foreseeable danger to themselves and others. When a party fails to adhere to this standard, their right to damages may be reduced or barred.

Massachusetts follows a modified comparative fault model. Under this model, an injury victim who is more than 51 percent responsible for their injuries will be ineligible to collect damages. However, if the plaintiff is less than 51 percent responsible, their recovery will be reduced by their share of liability. Massachusetts pedestrian accident victims may face a reduction in their damages in cases where they unsafely enter the roadway, fail to use crosswalks, or otherwise violate traffic rules.

Massachusetts pedestrian accidents often result in life-threatening injuries. Despite common misconceptions, individuals who are hit by a car are not automatically entitled to compensation. Pedestrian injury victims wishing to recover damages must establish that the other party was negligent. In many cases, the party who hit the pedestrian may dispute liability, and insurance companies may deny coverage. In addition to threshold tort issues, pedestrian accident victims must abide by strict filing and notice requirements and the state’s statute of limitations.

Under Massachusetts law, injury victims must prove that their injuries meet the minimum criteria to file a tort action against the responsible party. If a victim cannot meet the threshold, they may recoup losses through their Personal Injury Protection coverage. Victims who wish to file a lawsuit against the at-fault driver, must be able to establish that they suffered more than $2,000 in medical expenses related to broken bones, eye or ear injuries, or permanent scarring or disfigurement.

Pedestrians may recover economic and non-economic damages for their injuries and losses. Economic damages are generally objective, quantifiable losses such as lost wages and medical bills. Whereas, non-economic damages are subjective and include losses related to loss of enjoyment of life, pain and suffering, and loss of companionship and consortium. Unlike many other states, Massachusetts only allows punitive damages, which are designed solely to punish the wrongdoer, in cases of wrongful death where the defendant acted willfully or with wanton disregard of another’s safety. Injury victims must file their damages claim within three years of the accident—however, certain narrow exceptions exist, such as when the victim was a minor when the accident occurred.

The dangers of driving under the influence of drugs or alcohol are well-known, documented, and ingrained in most individuals before they even obtain their driver’s license. However, unfortunately, drunk driving continues to be problematic, causing thousands of fatal accidents every year. Victims of Massachusetts drunk driving accidents may be able to obtain compensation for their injuries through a personal injury lawsuit. There may be more than one person responsible after a drunk driving car accident, and naming all potentially liable parties in a case is crucial. Thus, it is important that victims contact an attorney to discuss their rights and remedies.

In Massachusetts, the law presumes that a driver is “operating under the influence” (OUI) if their blood alcohol concentration (BAC) is over than .08. However, in some cases, a lower BAC may cause the driver to experience an impairment, especially if the person consumed drugs while drinking. In cases where the driver was under the legal drinking age, a BAC over .02 automatically results in an arrest. Although an OUI is helpful to plaintiffs in civil claims, it is not an automatic means to recovery. Neither is an OUI conviction necessary to pursue a personal injury lawsuit. Accident victims should contact an attorney to ensure that their case is appropriately prepared and presented to a judge or jury. The failure to adequately prepare a case may result in a dismissal or inadequate recovery.

Recovering after a Massachusetts drunk driving accident is critical in the process to attempt to make a plaintiff or their family “whole again.” Mainly because these accidents tend to result in severe personal injuries and property damage. For instance, according to a recent news report, a 78-year-old man, with a history of drunken driving, caused an accident that resulted in the death of a man in a wheelchair. Witnesses explained that they saw the driver run over the man in the wheelchair, then reverse, and run over him again. The driver then got out of his car and tried to leave the scene of the accident. Police indicated that the driver had four previous drunken driving charges, but had an active, valid license. The driver’s license was most recently reinstated in 1999 after being suspended for 18 months following his fourth drunk driving conviction. Further, his license was suspended three other times because he failed to take a chemical breath test and for reckless driving.