Massachusetts Injury Attorney News

September 15, 2021

Overcoming Bias in a Massachusetts Motorcycle Accident Case

by The Law Offices of Barry Feinstein & Affiliates P.C.

Most bikers understand the inherent risks that they face when traveling on their motorcycles. These risks often stem from the inherent design, in contrast to other vehicles, and not towards their propensity for reckless or negligent driving. Most motorcyclists appreciate the risk they are taking and strive to operate their bikes safely. However, Massachusetts bikers often face biases and prejudices when they are involved in an accident. While bias and prejudice are unfortunate yet common factors in life, these biases often drastically impact an accident victim’s medical and financial recovery.

Motorcycle bias can impact every stage of a Massachusetts motorcycle crash lawsuit. These bikers are immediately at a disadvantage simply because of the preconceived notion that bikers are fundamentally reckless. While there are some instances where bikers engage in unsafe behavior, accidents often result because of another driver’s failure, a defective motorcycle part, or an unsafe roadway. However, the cases that show apparent negligence often make the headlines.

For example, a recent Massachusetts news source described a fatal motorcycle crash. The case is still under investigation; however, the manner of reporting and word usage imputes liability on the motorcyclist. The report explains that the motorcyclist was traveling in the passing lane and passing traffic while a tractor-trailer was making “a legal right turn.” The motorcycle was unable to stop and slammed into the tractor-trailer. Sadly, the motorcycle operator suffered fatal injuries from the incident. While all of those events might be accurate, the wording and depiction of an accident that is still under investigation is just one example of the biases many bikers face.

August 19, 2021

Filing a Lawsuit After Suffering Injuries as Passenger in a Massachusetts Car Accident

by The Law Offices of Barry Feinstein & Affiliates P.C.

As many people know, Boston is frequently ranked as one of the most dangerous cities in the United States for drivers. While each new year brings room for improvement, Boston continues to lead the nation in accident claims. Data revealed that while most drivers report a collision about every ten years, the rate in Boston was approximately every 3.5 years. Moreover, over the last eight years, about 28% of Boston accidents result in non-fatal injuries, and there are approximately 22 fatal accidents every year. As such, it is crucial that Massachusetts accident injury victims understand their rights and remedies after a collision.

The majority of Massachusetts accidents involve distracted drivers and drivers under the influence of drugs or alcohol. These accidents can cause serious injuries to other motorists, bystanders, cyclists, and passengers. Passengers often suffer some of the most serious consequences because they maintain the least control over their situations. In most situations, these victims cannot swerve or move out of the way. This vulnerability leaves them at the will of a negligent driver.

For instance, Massachusetts news reports described a rollover crash involving a potential drunk driver. State police stated that the 28-year-old driver’s vehicle rolled over into a flooded gully on the side of 1-95 north. When troopers arrived, they removed the driver, a 27-year-old passenger, from the submerged SUV. The passenger was pronounced dead at a local hospital, and the driver was arrested later in the day. The driver is charged with various offenses, including operating under the influence of liquor, negligent operation, and felony motor vehicle homicide.

July 15, 2021

Passenger Rights After a Massachusetts Motorcycle Accident

by The Law Offices of Barry Feinstein & Affiliates P.C.

Every year various safety agencies analyze traffic reports and compile research regarding accident data. While the pandemic brought a reduction in daily traffic and road congestion, reports indicate that there were over 330 fatal crashes in Massachusetts in 2020; the same number as in 2019. Although there were fewer fatal pedestrian accidents in 2020, all other modes of transportation saw increased fatal accidents. In regards to motorcycle accidents, there were 47 fatal accidents in 2019 and 51 in 2020. As summer progresses and more people take to the roads, this number will likely increase.

Motorcycle riding is a popular mode of transportation, but it leaves passengers and operators vulnerable to severe accidents. Motorcycle passengers tend to be in an even more defenseless position because they are at the mercy of the motorcycle operator. When a passenger suffers injuries in an accident, the law provides them with recourse for their damages. Depending on the case’s unique circumstances, the passenger or their representative may have a valid claim for damages against multiple parties.

A Massachusetts motorcycle passenger may recover damages from the bike’s operator, another at-fault driver, both the operator and the other driver, or even the motorcycle manufacturer. Available compensation depends on the extent of the passenger’s injuries or whether they experienced fatal injuries. For instance, Massachusetts police are investigating a double fatal motorcycle crash. According to reports, a motorcycle operator and his passenger wife were traveling north when they collide with a southbound sedan. Tragically the couple did not survive the accident and died upon impact. Emergency responders transported the sedan’s driver to a local hospital. While no charges have been placed at this time, police are still investigating the incident.

July 1, 2021

Investigating a Car Accident with Massachusetts Personal Injury Attorney

by The Law Offices of Barry Feinstein & Affiliates P.C.

After a Boston car accident, those who wish to pursue compensation should contact an attorney to assist them through the complicated process towards recovery. Legal support is more than just representation during litigation. Instead, an attorney can provide critical assistance during all stages of the claims process. Boston personal injury claims require a thorough investigation of all aspects of the incident. Neglecting to engage in an appropriate and comprehensive investigation can lead to the demise of a case.

Investigations that occur shortly after an accident tend to result in the most fruitful outcomes. Prompt investigation can help avoid missing the statute of limitations or other crucial procedural deadlines. In some situations, attorneys can help preserve the accident scene and gather other time-sensitive information. Gathering evidence close to when the accident occurred can help strengthen the victim’s case. In many instances, injury victims are understandably focused on their physical and psychological recovery or are otherwise unable to get to the scene; in these situations, an attorney can ensure a timely investigation.

Despite facially similar characteristics, every accident is unique and requires an independent analysis of the situation. Many contributing factors may impact why an accident occurred. Skilled accident attorneys understand which facts and evidence are essential to a successful case. In many cases, evidence may not be easily accessible because of various reasons. However, attorneys have the legal knowledge and skills to gain access to crucial evidence. For instance, in a truck accident, a truck driver’s employee may refuse to provide details about their hiring and training protocols- a skilled attorney can cite the relevant laws that require the employer to provide that information.

May 28, 2021

Recovering Compensation As a Massachusetts Pedestrian Struck by a Motor Vehicle

by The Law Offices of Barry Feinstein & Affiliates P.C.

Massachusetts accidents involving pedestrians struck by motor vehicles are one of the most devastating types of accidents a person can experience. The physical, psychological, and subsequent financial damages can have a lifelong impact on a person’s livelihood. Massachusetts pedestrian accidents involving motor vehicles can often lead to significant head injuries, spinal cord damages, broken bones, lacerations, and even death. All of these situations present significant expenses to a victim.

For instance, a recent Boston news report described a catastrophic accident that left a 28-year-old pedestrian in critical condition. According to witnesses, a driver in a Toyota Corolla was traveling east near Memorial Drive and DeWolfe Street when she hit the pedestrian. The driver did not suffer injuries and remained on the scene until emergency responders arrived. State Police told reporters that the case is under investigation.

After a Boston pedestrian accident involving a motor vehicle, a person or their loved ones should contact an attorney to discuss their rights and remedies against the negligent party. Pedestrians who wish to recover against a negligent driver must be able to prove that the other driver breached their duty of care and that breach resulted in the victim’s damages. In many cases, an insurance company is the first step in recovering damages. A party may not proceed with a personal injury lawsuit against the culpable party unless the victim meets the state’s tort threshold limits. For instance, a party may only file a lawsuit if the accident resulted in certain damages totaling $2,000 or higher. These damages must involve medical costs, broken bones, eye or ear injuries, permanent scarring or disfigurement. A pedestrian claim involving a motor vehicle accident may only proceed if it fits into this criteria.

April 20, 2021

Liability After a Massachusetts School Bus Accident

by The Law Offices of Barry Feinstein & Affiliates P.C.

As in-person schooling resumes, more children will be using Massachusetts school buses to get to and from school and after-school activities. Although school buses tend to be one of the safest ways to transport children to school, accidents resulting in serious injuries continue to occur. School bus accidents do not only include incidents involving motor vehicle collisions but other events such as falling while on the bus or being struck by the door while boarding or de-boarding. Massachusetts school bus accidents can be traumatizing to the children, parents, and school at large.

For instance, recently, a local news report described a Shrewsbury school bus crash on a busy Massachusetts roadway. According to witnesses, the school bus was making a left turn when a semi-truck collided with the bus. Emergency personnel were called to the scene and began transporting the children into ambulances. Fortunately, the bus driver and the injured children were discharged from the hospital with limited physical injuries. However, some children reported that they are continuing to experience anxiety following the collision. Parents told reporters that they reported the unsafe conditions of Route 20 and requested traffic signals; however, the city did not take any actions to remedy the dangerous road.

Massachusetts school bus accidents tend to be complex and require a thorough understanding of state and federal laws surrounding liability and immunity. However, there are many factors that courts will consider when determining fault and apportioning liability. For instance, the law does not require school buses to maintain seat belts, and most do not have them. The lack of seat belts can cause a child to be thrown or fall over when the bus driver brakes too hard or is involved in a collision. Further, in some cases, districts and city officials design unsafe bus stop locations.

March 29, 2021

Massachusetts Construction Accident Claims Two Lives

by The Law Offices of Barry Feinstein & Affiliates P.C.

Federal and state laws mandate that the construction industry follow a strict protocol to ensure that their sites are safe and free from unreasonable dangers. However, despite these health and safety measures, Massachusetts construction site accidents continue to occur at an alarming rate. Although the state bars many lawsuits against construction employers under workers’ compensation, other responsible parties may be liable for the accident. Liability depends on the facts and circumstances of the injury-causing incident.

The United States Department of Labor (DOL) specifies that four construction accidents often lead to the most serious injuries. Falls are the leading cause of serious injury and death in the construction industry. Massachusetts construction site falls often result from improperly constructed or guarded scaffolding or unprotected and unmarked ledges. Further, falls often result from defective ladders or falling debris that causes an individual to slip or trip-and-fall. Moreover, falls are more likely to occur during inclement weather, when surfaces become slick or obstructed. Additionally, unmarked elevator shafts and trenches often pose deadly hazards. Although some accidents are unavoidable, many can be prevented by following health and safety regulations. Also, injury by falling objects, electrocutions, and “caught-in-between”, accidents are the remaining “fatal four” most dangerous incidents.

Recently, a national news report described a fatal Boston construction site accident. Authorities responded to a call that two people were struck by a vehicle near a construction site. When they arrived, they discovered two construction workers trapped in a hole; sadly, they were pronounced dead. Witnesses explained that they saw a dump truck hit the construction workers, causing the men to slide across the hole. One of the men was run over by the dump truck an additional time. The Boston Police Department and Occupational Safety and Health Administration are working together to investigate the incident. They stated that a few years prior, two construction workers drowned in a trench when a fire hydrant collapsed. In that case, the owner of the drain company performing the job was sentenced to two years in jail for involuntary manslaughter.

February 25, 2021

Massachusetts Wrong-Way Car Accidents

by The Law Offices of Barry Feinstein & Affiliates P.C.

Wrong-way car accidents occur when one or more vehicles travel in a lane opposite to the flow of traffic. According to the National Transportation Safety Board (NTSB), wrong-way accidents do not occur as frequently as other types of accidents in Massachusetts. However, these accidents tend to result in more serious injuries and fatalities. These collisions are typically more severe because the wrong-way driver is usually unaware that they are traveling in the wrong lane. As such, the oncoming driver may be driving at high rates or erratically while drivers in the proper lane usually have little to no time to safely avert the impending collision. Wrong-way accident injury victims may be able to recover for their losses under Massachusetts personal injury laws.

Massachusetts wrong way car collisions usually occur because the negligent driver is intoxicated, under the influence of illicit or prescribed medication, distracted, or fatigued. Further, some of these accidents occur because the road conditions are unsafe or the weather presents motorists with obstructions related to fog, heavy rain or snow. The NTSB reports that these accidents are amongst the “most serious types of highway accidents.”

For instance, recently, a local news report described a harrowing Massachusetts wrong-way accident. Law enforcement responded to the scene of an accident in Somerset, Massachusetts. According to reports, an SUV driver was driving east on the highway’s west side when it slammed into a sedan. The sedan burst into flames, and the 21-year-old driver died at the scene of the accident. The 50-year-old SUV driver from Rhode Island, survived, but suffered serious injuries.

January 21, 2021

Massachusetts Car Accidents Caused by Inclement Weather

by The Law Offices of Barry Feinstein & Affiliates P.C.

New England winter weather can be treacherous, especially for those who do not have experience handling inclement conditions. Although October is the month that sees the highest number of Massachusetts car accidents, winter weather generally increases the likelihood of car accidents, slip-and-falls, and other types of personal injury. In Massachusetts, those that suffer injuries in a car accident or other incident because of another’s negligence may be able to recover for their damages. However, snow and ice-related accidents can present many challenges to injury victims as the circumstances surrounding these accidents may not be clear. It is important that injury victims consult with an attorney to discuss their rights and remedies in these cases.

Many premises liability accidents stem from snow and ice slip-and-falls, trip-and-falls, and step-and-falls. These accidents may occur when a property owner fails to remove snow or ice from their home or business. The failure to make a property safe may result in serious injuries to a visitor or guest. The most common injuries from a snow or ice accident are broken bones, concussions, traumatic brain injuries, spinal cord damage, and organ damage. In many cases, these injuries require both emergency and long-term medical treatment. Even with insurance, these medical treatments are often costly and may deter the victim’s ability to continue gainful employment. In these cases, victims should pursue damages against the negligent party.

In some snow and ice accidents, liability may be evident, especially in situations where it is clear that a property owner failed to make their property safe, or an at-fault driver was acting negligently in operating their vehicle. However, cases are rarely straightforward, and defendants may blame the victim and avoid liability under the state’s comparative negligence or assignment laws. For example, an at-fault driver may argue that the injury victim suddenly braked their vehicle, thereby causing the rear-end driver to slam into them. Moreover, a property owner may try to attribute liability to a third-party hired to remove snow from the owner’s business or home. However, despite the legal theories that defendants may purport to avoid liability, winter weather can lead to disastrous accidents.

December 28, 2020

Recovering Damages After Fatal Massachusetts Pedestrian Accident

by The Law Offices of Barry Feinstein & Affiliates P.C.

The death of a loved one in a tragic Massachusetts accident can have life-long devastating impacts on the victim’s family. Under the law, when another’s negligence played a part in the victim’s injuries or death, the surviving family members may be able to recover damages. Massachusetts law permits family members to recover for their losses under the state’s wrongful death statute.

A wrongful death occurs when a person dies because of the negligent, wrongful, or reckless conduct of another party. Typical defendants in these cases include individuals, companies, government agencies, or other similar parties. Wrongful death actions follow the same general theories as personal injury claims, except that they are deceased. However, wrongful death claims differ from survival actions. Under Massachusetts law, a spouse, partner, or child of the victim can file a wrongful death lawsuit. On the other hand, survival actions are generally brought on behalf of the victim’s estate to compensate the person who died.

Massachusetts wrongful death claims may follow a variety of different incidents. For example, many wrongful death claims arise from assaults, birth injuries, car accidents, motorcycle accidents, truck accidents, pedestrian collisions, recreational activity accidents, and defective products. However, Massachusetts maintains several exceptions to the wrongful death statute. For example, in some cases, employers may not face liability for an employee’s wrongful death if they died while on the job. However, family members may be able to pursue a legal claim under a different legal theory.