Massachusetts Injury Attorney News

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.

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.

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.

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.