Car Accidents

October 6, 2020

Massachusetts Personal Injury Lawsuits Involving Child Victims

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

According to recent National Highway Transportation Safety Administration data, over 60 million children in the United States are involved in traffic accidents every year. In fact, Massachusetts motor vehicle accidents are one of the leading causes of death for children 14 years old and younger. Other causes of death are bicycle accidents, injuries related to incidents at school or after school programs, and dog bites. Although many safety agencies have implored the public to use child safety seats and other restraints, these accidents and injuries continue to occur, and the outcomes can be devastating.

When a child suffers injuries or wrongful death in a Massachusetts accident, their loved ones must understand the child’s rights and remedies. Although the evidentiary burden is typically the same, whether the victim is a minor or an adult, there are some differences between these lawsuits. First, under the law, children cannot bring their own lawsuits. Anyone under 18 years old is considered a “minor.” The law requires that these lawsuits are filed by the child’s “next friend.” Usually, this is the minor’s parent or legal guardian. Settlement agreements for $10,000 or higher must receive approval from the Court. A judge will review the settlement and ensure that the representative understands that the funds must be used for the child’s benefit. Finally, the statute of limitations is different in cases involving children. In typical accident cases, the statute of limitations expires three years after the date of the incident causing the injury. However, the statute of limitations in minors’ cases expires three years after reaching their 18th birthday.

Accidents involving children are particularly tragic and can result in serious permanent disability or death. For instance, a recent report indicates that a 10-year-old girl suffered fatal injuries in a multi-vehicle accident in Massachusetts. An initial investigation reveals that the children were passengers in a Subaru driven by a 29-year-old woman. The woman made contact with the back of a Toyota SUV, and both drivers pulled over to assess the damage. They stopped in the left lane and decided to address the damage later; as they were about to continue driving, a JEEP crashed into the Subaru, causing it to slam into the Toyota. The young girl died in the accident, and six other people suffered serious injuries.

September 21, 2020

Pursuing a Personal Injury Lawsuit After a Massachusetts Pedestrian Accident

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

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.

September 9, 2020

Pursuing a Wrongful Death Lawsuit Following a Massachusetts Wrong-Way Crash

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

According to the U.S. Department of Transportation Federal Highway Administration, wrong-way crashes result in nearly 400 fatalities every year. Although wrong-way crashes do not occur as much as other types of Massachusetts car accidents, when they do, they are much more likely to result in a fatality. Wrong-way crashes occur when one vehicle is traveling in a direction against the proper flow of traffic. These accidents typically happen on a divided highway or an exit or entrance ramp, and generally involve head-on collisions occurring at high speeds. If a wrong-way collision results in the death of a motorist, it may be the basis for a Massachusetts wrongful death lawsuit.

Despite the various public service campaigns to educate and enforce safe driving habits, wrong-way accidents still occur. The leading causes of wrong-way crashes are motorists driving under the influence of drugs or alcohol, speeding and engaging in dangerous maneuvers, improper passing, vehicle malfunctioning, and road hazards that lead to a loss of control. The nature of these accidents tends to cause serious and potentially fatal injuries. Some common injuries after wrong-way accidents are traumatic brain injuries, spinal cord damage, broken bones, and burn injuries. Many victims and their families experience enormous financial burdens in the aftermath of these accidents.

Recently, a Boston news report indicated that two people died, and one person suffered severe injuries in a wrong-way accident. According to the report, a 30-year-old woman drove her vehicle in the wrong direction on a highway. She collided with another car driven by a 66-year-old woman. The woman was transferred to a Boston hospital, where she succumbed to her injuries. A 39-year-old passenger in her car died at the scene of the accident. The accident involved another vehicle; however, that passenger did not require emergency medical treatment. Police stated that they are continuing to investigate the circumstances that led to the tragic accident.

August 27, 2020

Massachusetts Drunk Driving Accidents

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

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.

July 21, 2020

Determining Fault and Apportioning Liability in Massachusetts Car Accidents

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

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.

June 20, 2020

The Relevance of Criminal Charges in a Massachusetts Personal Injury Lawsuit

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

In addition to negligence or recklessness, some Massachusetts car accidents stem from an at-fault party’s criminal conduct. For example, a motorist who causes an accident because they were under the influence of drugs or alcohol may face criminal charges in addition to civil claims. Although civil and criminal claims go through two distinct processes, the outcome of a criminal case may affect an individual’s civil suit. Criminal charges or a conviction may help a civil plaintiff’s claim, but they are not necessary to achieve a favorable outcome in a personal injury case.

There are many ways a criminal charge may affect a Massachusetts personal injury lawsuit. In cases where a criminal defendant pleads guilty or is found guilty by a judge or jury, the ruling can be beneficial to civil plaintiffs. For example, if a motorist admits that he was driving under the influence when an accident occurred, a plaintiff can likely use this evidence to establish liability. However, defendants who are found not guilty are not absolved from responsibility for any civil claims. The outcome of these cases can be different because criminal and civil cases have independent standards of proof. Under the criminal system, the state must prove guilt “beyond a reasonable doubt”; whereas, under the civil system, plaintiffs only need to show that the defendant was liable “by a preponderance of the evidence.”

Criminal defendants also retain the right to plead, “no contest.” This means that they are admitting the facts but not admitting guilt. No contest pleas cannot be used against a defendant in civil proceedings. For example, if a defendant pleads no contest in a driving while impaired criminal case, a plaintiff will not generally be allowed to use the conviction to show that the defendant was driving while impaired. Instead, the plaintiff may call arresting officers or present other evidence to establish that the defendant was under the influence.

May 26, 2020

Recovering after a Massachusetts Wrong-Way Accident

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

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

May 14, 2020

Massachusetts Car Accidents Caused by Young and Inexperienced Drivers

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

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.

April 27, 2020

Passengers’ Rights Following a Massachusetts Car Accident

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

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.

March 27, 2020

Liability in Massachusetts Chain-Reaction Car Accidents

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

It is not uncommon for a Massachusetts car accident to involve multiple vehicles and injury victims. In these cases, injury victims may encounter challenges when seeking compensation for their injuries because there may be more than one negligent party. Although the law often provides a presumption that the rearmost driver in a rear-end collision was negligent, this presumption does not always apply. While one driver’s negligence may have started the series of events, there may be several other parties who contributed to the chain of events. These factors often cause injury victims to face the daunting task of filing multiple insurance claims or personal injury lawsuits.

Plaintiffs seeking representation for their Massachusetts car accident must be able to establish that the other party or parties are responsible for their injuries. It is essential that plaintiffs include all potential defendants and not just the individual who, in their mind, caused the accident. After identifying the appropriate defendants, the plaintiff must prove that the parties owed them a duty of care to operate their vehicles safely, and they breached that duty. This typically includes providing proof that the at-fault driver engaged in one of the common causes of chain-reaction accidents. Some of the common reasons for Massachusetts chain-reaction accidents are excessive speed, failure to abide by traffic laws, distracted driving, driving under the influence, and fatigued driving. Plaintiffs can provide evidence of these actions through surveillance footage, police reports, medical records, and witness accounts.

After meeting this burden, plaintiffs must be able to prove that the other parties’ negligence was the direct cause of their injuries and subsequent damages. This is often the most challenging phase of a chain-reaction accident lawsuit. In many cases, the driver who started the chain of events is not necessarily the cause of the following collisions, even if it occurs in the same sequence of events. Plaintiffs must engage in an in-depth and comprehensive investigation of the accidents, including discovery and depositions.