Car Accident Category Archives — Page 6 of 12 — Cape Cod Injury Lawyer Blog Published by Cape Cod, Massachusetts Injury Attorney

When Both Driver and Pedestrian Violated Law, a Jury Question Was Created as to Relative Fault – Weiss v. City of Cambridge

Published on: August 4, 2016 | John C. Manoog III

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 and […]

Traffic Deaths Increased by 7.7% Across the Nation Last Year, According to NHTSA

Published on: July 26, 2016 | John C. Manoog III

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 years […]

United States Supreme Court Holds that Federal Courts Have Limited Inherent Power to Recall a Jury in a Civil Case – Dietz v. Bouldin

Published on: June 14, 2016 | John C. Manoog III

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 case […]

Unfair Settlement Practices Claim Fails in Massachusetts Court Despite Large Difference Between Initial Offer and Jury’s Verdict – Villanueva v. Commerce Insurance Company

Published on: May 24, 2016 | John C. Manoog III

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 do provide potential avenues of […]

Attorney’s Affidavit Based on Information and Belief is Sufficient for Massachusetts Dram Shop Action – Bayless v. TTS Trio Corp.

Published on: May 2, 2016 | John C. Manoog III

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 […]

Defense Verdict Affirmed in Car Accident Case, Despite Massachusetts Woman’s Request for Additional Instructions – Dahlquist v. Lydon Millwright Services, Inc.

Published on: April 4, 2016 | John C. Manoog III

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 […]

Massachusetts Appellate Court Finds No Reversible Error in Evidentiary Rulings or Misconduct by Counsel in Case Arising After Police Car Struck Cyclist – Basiony v. Boston

Published on: February 24, 2016 | John C. Manoog III

When a lawsuit is tried to a jury, not everyone is pleased with the outcome. In order to warrant the reversal of a trial court’s entry of judgment upon a jury’s verdict, however, an aggrieved party must be able to show a reversible error to the appellate court. Recently, the City of Boston sought to […]

Federal Judge in Massachusetts Car Accident Case Rules Defendant Was Not Entitled to Plaintiff’s Mental Health Records – Conklin v. Feitelberg

Published on: December 3, 2015 | John C. Manoog III

When a person files a lawsuit against another person, business, or governmental entity seeking payment of medical expenses, lost wages, and other damages resulting from an accident such as a car wreck, the case usually proceeds through a phase called “discovery.” During discovery, it is not usual for a defendant to request copies of a plaintiff’s […]

Massachusetts Has Several Highways Included on List of Top 50 Bottlenecks in Nation

Published on: November 25, 2015 | John C. Manoog III

If you’re heading across the state – or across the country – to celebrate Thanksgiving, you should know that the American Highway Users Alliance recently released a report ranking the country’s most clogged arteries, and several Massachusetts highways ranked among those annoying “bottlenecks,” as they are sometimes called. Other states with several highways listed include Illinois […]

NHTSA Adds More Than 125,000 Vehicles to List of Cars with Potentially Defective Airbags – Mercedes Benz Now Included

Published on: November 11, 2015 | John C. Manoog III

Think you’re safe from all the recent automobile recalls just because you drive a luxury car? Maybe not. The National Highway Traffic Safety Administration (NHTSA) has just added some 126,260 Mercedes-Benz vehicles to the ever-growing list of cars, trucks, and SUVs with potential safety issues. According to a letter from the NHTSA to Mercedes-Benz department manager Thomas Brunner, seven […]