Articles Posted in Car Accidents

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.

When a motorist, passenger, or bystander suffers injuries in a Massachusetts car accident, determining fault and apportioning liability is a crucial part of the recovery process. Massachusetts is a no-fault state, which means that an accident victim’s insurance company will cover a portion of their medical bills, lost wages, and other expenses, regardless of who is at fault. However, these benefits do not cover expenses related to pain and suffering, loss of consortium and companionship, or loss of earning capacity damages.

Although a Massachusetts injury victim’s insurance company is generally supposed to pay or reimburse victims for their accident-related medical expenses, victims often suffer substantial damages that insurance will not cover. Under certain circumstances, a motorist may file a personal injury lawsuit against another driver when they meet the statutory threshold. Under Massachusetts law, motorists who wish to sue another driver for their injuries must establish that either their “reasonable and necessary” medical expenses are over $2,000, they suffered broken bones or a loss of hearing or vision, they suffered a partial or complete loss of a body part, or serious disfigurement, or death.

If a Massachusetts car accident victim meets the tort threshold, they must then establish fault before they can recover. The state follows a “modified comparative negligence” system to determine and allocate damages. Car accident victims can recover for their injuries if they are less than 51% at-fault for the accident. If a judge or jury determines that the victim was more than 51% at fault, they will be barred from recovery.

Massachusetts drivers are required to drive in a safe manner and use sound judgment when on the road. For the most part, motorists do a good job when it comes to staying safe. However, each year, over 350 people are killed in Massachusetts car accidents, and thousands more are seriously injured.

Wrong-way crashes are one of the more common – and deadly – types of Massachusetts car accidents. Wrong-way crashes often result in head-on collisions, which are known to be among the most dangerous collisions. Head-on collisions rarely result in minor bumps and bruises, and more often cause serious, lifelong injuries. Almost always, head-on collisions are caused by driver error. Below are a few of the most common causes of head-on collisions:

• Distracted driving

Under Massachusetts law, parents maintain the legal obligation to provide for their child’s safety and well being. In that same vein, parents and guardians may also be responsible for the negligent actions of their children. This issue often comes into play when a teenage driver causes a Massachusetts car accident.

According to the Centers for Disease Control and Prevention (CDC), approximately six teens die every day from motor vehicle accidents. These accidents frequently occur during Memorial Day and Labor Day. Compared to the rest of the year, research suggests that the rate of Massachusetts accidents involving teenagers increases over 25% during this time. In these cases, Massachusetts injury victims may hold the teenage driver’s parents liable for their injuries and damages.

Massachusetts car accidents involving teenage drivers are more likely to lead to serious and fatal accidents because the drivers tend to be inexperienced, distracted, negligent, and reckless. Younger drivers are more likely to make unsafe and dangerous choices because they have less experience than older drivers. This inexperience can lead to speeding, not wearing a seat belt, and generally unsafe driving habits. Additionally, according to a safety advocacy group, the majority of car accidents involving teenage drivers were the result of distracted driving. Using cellphones, eating, drinking, and talking to passengers all contribute to distracted driving accidents. Finally, teenagers who operate their vehicles while under the influence of drugs or alcohol are more likely to cause a fatal accident.

Under Massachusetts law, passengers who suffer injuries in a car accident may be entitled to compensation for the damages they endured. Typically, drivers who suffer injuries in a car accident may only seek compensation from other drivers and insurance companies. However, passengers seeking compensation are in a unique position because there may be more than one liable party.

Insurance companies consider passengers as third parties, and the law allows injury victims to file a claim through the driver’s personal injury protection plan or their medical payment coverage. Depending on the amount of fault, passengers may file a claim against one or both of the drivers. If the drivers do not have appropriate coverage to cover the passenger’s losses, the victim may file a claim through their insurance policy’s under/uninsured motorist benefits.

These policies compensate for medical expenses and a portion of lost wages or similar economic damages, but they do not cover pain and suffering. In most cases, passengers cannot receive costs for more than what is necessary for recovery, regardless of how many insurance companies provide coverage. However, there are some exceptions, and it is important that accident victims contact an attorney to discuss their rights and remedies in these cases.

Holiday parties are a popular way for employers to “rally the troops” and boost morale at a time of year when, quite frankly, few people want to be at work. However, over recent years, holiday parties have been the focus of much scrutiny, as concerns about sexual harassment, sexual abuse, and the over-serving of alcohol have come to light. Indeed, there is a noticeable increase in the number of Massachusetts drunk driving accidents during the holiday months, and this is in part due to people getting behind the wheel after having too much to drink at a work holiday party.

Under the Massachusetts dram shop and social host laws, employers often have a legal obligation to ensure that they do not over-serve employees at a work holiday party. If the holiday party is held at a restaurant, country club, or bar, that duty will also extend to the business hosting the event. While establishing liability in a Boston dram shop case can be difficult, it is possible with the help of an experienced Massachusetts personal injury lawyer.

Establishing liability against a social host is slightly different than doing so against a restaurant or bar. Typically, the threshold is lower to prove that a bar or restaurant negligently served or over-served alcohol to a patron. However, if there is evidence showing that a social host knew a guest was intoxicated, but served them alcohol anyway, the host may be liable for any damages that stem from the decision to serve that individual.

Winter weather, including snow and ice, is a major cause of Massachusetts car accidents. Each year, Massachusetts gets about four feet of rain and another four feet of snow. On top of that, there are on average 90 days in which the temperature reaches below freezing. As a result, Massachusetts roads can be very hazardous to both drivers and pedestrians during the winter months.

Poor weather conditions can impact road safety in several important ways. Of course, when roads are covered in snow or ice, drivers have a harder time maintaining control of their vehicles. This is especially the case the morning after a heavy storm, when frozen snow or ice has had a chance to melt and then re-freeze as temperatures decrease overnight.

Winter weather can also result in a driver’s inability to evade a hazard that they may otherwise have been able to avoid. For example, just last week there was a 69-car pile-up on a Virginia highway. According to the New York Times, the chain-reaction accident began in the westbound lanes of the highway shortly after 8 a.m. Evidently, the roads were icy and a heavy fog had rolled in that morning.