Articles Posted in Car Accident

During a jury trial, the judge is required to make a variety of rulings – beginning with the procedure for the selection of the jury and ending with a review of whether the jury’s verdict was supported by the evidence. A party aggrieved by a decision of the trial court judge may file an appeal…

When a driver fails to act in a reasonably prudent manner, and someone else is hurt, the negligent driver can be held liable for the injured person’s medical expenses, lost wages, and pain and suffering. Unfortunately, not every at-fault driver has high enough limits on his or her automobile liability policy to pay fair compensation…

Those who are injured on the job have a legal right to seek workers’ compensation benefits to cover medical expenses and at least partially offset lost wages. If a particular work injury results in a permanent disability, a worker may also file a claim for incapacity benefits. Of course, the benefits are not automatic, and…

As you may remember, 2015 was rife with vehicle recalls. According to news reports, there were in the neighborhood of 900 recalls in all, affecting tens of millions of vehicles. Issues such as sudden acceleration, faulty ignition switches, and Volkswagen’s infamous cheating on certain emissions tests made headlines throughout the year. Although there have been…

There are thousands of laws on the books in Massachusetts and across the nation. What happens when two of those laws potentially conflict? For instance, if a driver is obligated to stop for a pedestrian in a crosswalk, but the pedestrian is obligated to obey a pedestrian crossing signal, what happens if both the driver…

Earlier this month, the U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) released an “Early Estimate of Motor Vehicle Traffic Fatalities in 2015,” projecting that some 35,200 motor vehicle accident fatalities occurred nationally last year. The good news is that this number, while tragic, is lower than the 43,510 fatalities that happened 10…

Lawsuits arising from motor vehicle accidents rarely make it all the way to the United States Supreme Court. The vast majority of such cases are settled out of court, and only a few of those that actually reach trial are appealed. However, as a recent case shows, it is possible for a seemingly straightforward negligence…

When an individual is hurt in a motor vehicle collision or other accident, he or she is at a significant disadvantage when negotiating with insurance company professionals who deal with issues such as negligence, comparative fault, and damages on a routine basis. Massachusetts Gen. Laws ch. 93A (the Massachusetts Consumer Protection Act) and ch. 176D…

Many states, including Massachusetts, have statutes in place under which a business that sells alcoholic beverages to a person who is obviously intoxicated can be held liable for the resulting damages, including both personal injury and wrongful death. These statutes are often referred to as “dram shop” acts (so named because spirits were once sold…

When a case is tried to a jury, it is the responsibility of the trial court judge to instruct the jury on the law. This includes both general instructions, such as the burden of proof being on the plaintiff in a civil case, as well as specific instructions that arise from the facts of the…