Articles Posted in Car Accidents

Were you injured in an accident caused by a motorist who was using his or her phone behind the wheel? If so, you deserve compensation for your injuries. Our Massachusetts car accident attorneys are well versed in the specifics of personal injury law and can apply our knowledge to your claim. We strongly believe that you should not have to suffer just because another motorist acted with disregard for your safety by using his or her cell phone while driving.

In 2010, Massachusetts banned texting and emailing behind the wheel but did not implement a full ban on hand-held devices used to make phone calls. Since then, lawmakers have tried to pass several laws in an effort to ban drivers from using hand-held devices while driving, with the goal of reducing distracted driving accidents in the state. Last month, the Massachusetts House of Representatives overwhelmingly voted 155-2 to pass Bill H.3793, which bans drivers from using hand-held cellphone and electronic devices while driving. In other words, the bill would prohibit drivers from using any mobile electronic device while driving, unless it was being used in hands-free mode. This means they would be barred from reading texts, viewing images, or watching videos as well.

If you have been injured in a crash caused by a distracted driver, you may be able to recover compensation through a negligence claim. Negligence occurs when a person breaches the standard of care owed to another person, directly causing an accident or some type of harm. The standard of care refers to the level of care and caution that a reasonably prudent driver would have used in the same situation. Since being on one’s phone and driving at the same time is a behavior that is known to be dangerous, it would clearly be considered ‘unreasonable’ to a prudent person. As a result, if a driver caused a crash in this manner, he or she would likely be on the hook for any resulting damages.

Hit and run accident cases can be extremely daunting for the victims of the crash. Massachusetts’ law requires that a driver stay at the scene and provide the other party certain information if a driver is involved in an accident which causes injury to another vehicle, property or person. If you were injured in a hit and run accident, we can help. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts hit and run accident attorneys will work diligently to help you obtain the compensation you are rightfully owed. We understand the serious emotional, physical and financial toll an auto accident can have on a family, which is why we will aggressively advocate for you each step of the way.

Earlier this month, a 20-year-old La Salle Academy female graduate was killed in a tragic rollover accident in Boston. Sadly, the woman was pronounced dead at the scene. One other female passenger was also injured in the crash but is expected to survive. According to law enforcement, a 22-year-old man caused the wreck when he was speeding in his Mazda, hit a curb, rolled over and crashed onto the street hitting several-parked cars and a cement planter before flipping over. Both passengers had their seat belt on and were hanging upside down in the car when emergency workers reached them. The driver had bolted from the scene before police got there but was found approximately 8 hours later and placed under arrest. He was charged with, among other things, leaving the scene of an accident after causing personal injury and leaving the scene of an accident after causing property damage.

Drivers may be tempted to flee the scene of an accident for a number of reasons ranging from panic, to outstanding warrants, to not having insurance. Under MGL c. 90 s. 24 (2), a Massachusetts driver who knowingly collides with or causes injury to another vehicle, property or person, must provide the following information to the injured party before leaving the scene of the accident: name, residence and registration number of their motor vehicle. In fact, it is against the law to leave the scene of a crash without providing this information or calling 911 if someone has been injured.
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Drunk drivers are a risk to everyone on the road and can cause serious, even deadly accidents. If you have been injured or someone close you has died in an accident caused by a drunk driver, you need to reach out to a reputable Massachusetts drunk driving attorney immediately. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are dedicated to helping our clients obtain the damages they deserve.

According to the National Highway Traffic Safety Administration, nearly 30 people die every day in the US due to drunk driving. It is not a list anyone wants to top, but Boston ranks second place in a newly released list of the top 25 cities with the highest rate of drivers with a DUI. Insurance company Quote Wizard did the study using self-reported data from its users on driving violations as well as other data points to compile the report. The study also found that if insurers don’t drop clients who have a DUI, they would significantly raise insurance premiums. On average, a driver would see an $830 increase per year in car insurance rates. These rates typically increase for three years amounting to an overall increase of $2500 more on car insurance.

While a drunk driver may face criminal penalties, he or she may also be subject to a civil lawsuit. When you have suffered an injury due to the actions of someone driving under the influence of drugs or alcohol, you may pursue compensation through a civil claim. This claim is typically rooted in the legal theory of negligence. In order to establish negligence, you must establish that the defendant owed you a duty of care behind the wheel and failed to adhere to that duty of care by driving under the influence. All drivers must use the level of care and caution that a reasonably prudent person would use in the same or similar situation. It is not enough to show that the driver’s conduct violated the duty of care, it must also be established that the driver’s conduct was a direct and proximate cause of accident and resulting harm.
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Car accidents can lead to serious, even life-altering injuries, which is why it is imperative for drivers to follow the rules of the road. If you or someone you love has been injured in a car crash, you need to contact a seasoned Massachusetts car accident attorney immediately. When someone causes an accident, they can be held accountable for their actions. At The Law Offices of Barry Feinstein & Affiliates, P.C., we have been helping car crash victims obtain the compensation they rightfully deserve for over 25 years and understand what it takes to advocate for your rights.

Two drivers were seriously injured in a collision that took place in Dudley earlier this week. The accident occurred on the bridge spanning the Quinebaug River. One vehicle was driven by a 22-year-old man from Southridge and the other was driven by a 68-year-old man from Woodstock, Connecticut. Both men were the only ones in their vehicles at the time of the wreck, and both were taken to nearby hospitals for treatment. Police have not yet released the names of the two men involved in the accident and the crash is still under investigation.

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Unfortunately, car accidents are a dime a dozen in Massachusetts. If you have sustained injuries in a car accident, we can help you figure out your next steps. At The Law Offices of Barry Feinstein & Affiliates, P.C., our reputable Massachusetts car accident attorneys know how to handle even the most complex personal injury claims, including issues pertaining to insurance coverage. For over 25 years, we have vigorously fought for the rights of our clients and you can rest assured that we will do the same for you.

The Case

Victims of auto accidents often rely on insurance companies to compensate them for their losses. In Oliveira v. Commerce Insurance Company, the Appeals Court of Massachusetts recently had to figure out whether the plaintiff was a “household member” under the insurance policy. The plaintiff, a passenger in the vehicle, sustained serious injuries after being involved in a car accident. He was in the hospital for several days and acquired hefty medical bills amounting to $40,000. He also suffered long-term disability. The plaintiff agreed to settle with the person driving the vehicle for the maximum amount of the driver’s insurance policy, which was $100,000.

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Road rage unnecessarily puts innocent people at risk while driving. People who cause accidents due to road rage should be held accountable for their actions. If you or your loved one has been hurt in a road rage accident, we can help. At The Law Offices of Barry Feinstein & Affiliates, P.C., our reputable Massachusetts car accident attorneys are committed to helping our clients recover the compensation they are rightfully owed for their injuries and losses.

An incident of road rage in Massachusetts left a 65-year-old man clinging to the hood of an SUV racing down a highway last week. It started as a minor sideswipe and the driver of the SUV was allegedly unwilling to settle the matter with the elderly man and decided to speed off. Before he could get away though, the older man jumped onto the hood of the SUV and held on as the SUV driver drove down the turnpike accelerating, at times, up to 70 mph at time and then decelerating. The SUV driver was stopped by others on the road, one person going so far as to point a gun at the SUV driver in an effort to get him to stop the car. Both men were arrested, the SUV driver for assault with a dangerous weapon, negligent operation and leaving the scene of a crash while the 65-year-old man faces a disorderly conduct charge.

What is Road Rage? 

Road rage is a term used to describe aggressive, sometimes violent tendencies that drivers may exhibit behind the wheel. In some cases, road rage leads to an altercation between two drivers and, in other cases, it can lead to terrible accidents. Common examples of road rage include but are not limited to:

  • Tailgating;
  • Sudden braking or accelerating;
  • Cutting of other vehicles;
  • Rude gestures or physical threats;
  • Excessive use or horns or lights;
  • Running a red light or stop sign.

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If you have been injured or your loved one has been unexpectedly killed in an accident that was not your fault, you may be eligible to recover compensation for your injuries and losses. At The Law Offices of Barry Feinstein & Affiliates, P.C., our trusted and hardworking Massachusetts personal injury attorneys know how to handle even the most complicated accident claims.

The Case

In Dubuque v. Cumberland Farms, Inc., the Massachusetts Court of Appeals affirmed the remitter of a $32 million award to a $20 million award to the husband of a woman who was killed by a speeding SUV. According to court documents, the woman was struck and killed as she walking into a grocery store by the vehicle, which had raced across an intersection and crashed into the front of the store. The woman died instantly.

Unfortunately, storefront crashes are more common than you may think. According to the Storefront Safety Council, in excess of 500 individuals are killed and approximately 3,6000 people are injured in accidents as a result of motorists driving into storefronts each year.

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Even though they are not main roads, parking lots have their own right-of-way rules which drivers are required to adhere to. When drivers are careless or not paying attention, serious parking lot accidents can result. If you have suffered an injury in a parking lot crash, it is imperative to contact an experienced Massachusetts injury attorney who can help. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are dedicated to assisting victims of car accidents in the recovery of any damages they are rightfully owed.

Parking Lot Crashes

According to the American Automobile Association, approximately 14 percent of car accidents take place in parking lots. These wrecks can range in severity. Some are minor incidents such as fender benders, opening a car door and striking another vehicle, while others are much more severe and may involve striking someone with a car or backing into another vehicle at a relatively high speed. The risk of a parking lot accident is even higher during the holiday season when people are swarming to malls and shopping centers. In addition, with severe winters in Massachusetts, it is possible for parking lot accidents to involve snowplows.

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Pedestrian accidents can lead to catastrophic injuries and, in the most serious cases, death. If you have lost a loved one in a pedestrian accident caused by a motorist’s negligence, let our skilled Massachusetts personal injury attorneys handle the case. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are committed to protecting the rights of our clients and helping them secure the maximum possible compensation in their cases. There are strict time limits in all personal injury cases so it is imperative to act as quickly as possible after an accident.

A Boston woman is facing multiple charges in connection with a deadly pedestrian wreck in Revere that took the life of a 5-year-old and left five others injured. Law enforcement states that the woman was driving an SUV when her automobile veered off the road and into a median strip that divides the highway. The pedestrians were reportedly strolling alongside the grass median strip at the time that they were struck. Many of the victims were rushed to the hospital, including a two-month-old girl who ended up in the hospital’s intensive care unit. Prosecutors stated in court that the woman had been drinking earlier in the day and taken a sleep aid as well as a drug to relax her muscles the night before. They claimed the driver had also confessed to vaping CBD oil in the SUV and said she may have dozed off behind the wheel.

Liability for a Pedestrian Accident

Drunk driving is a serious problem in Massachusetts and across the United States. Intoxicated drivers pose a serious threat to everyone else on the road. If you have been injured or someone close to you has been killed in an accident caused by a drunk driver, you may be able to sue the at-fault driver. At The Law Offices of Barry Feinstein & Affiliates, P.C., our skilled Massachusetts injury lawyers are committed to holding negligent parties accountable for the harm that they cause and obtaining justice and compensation for injured victims, as well as their families.

The Stats For Massachusetts 

According to a MADD (Mothers Against Drunk Driving) rating, Massachusetts ranks 36th in the nation for the number of drunk driving traffic fatalities. 31% of fatal auto accidents in the state are associated with drunk driving, and 119 individuals died as a result of driving under the influence in 2016. The Centers for Disease Control and Prevention collected data over a longer period of time, noting that 1370 people died in Massachusetts vehicle accidents that involved a drunk driver between 2003 and 2012. While the national percentage of adults who reported driving after drinking too much over one thirty-day period in 2012 was 1.9, respondents from Massachusetts clocked in at 2.2%, a concerning result, given the number of people anticipated to be driving on state roads this holiday season.