Articles Tagged with auto accident

According to published reports, the limousine company involved in the accident on October 6, 2018 had a record of repeated safety violations. Such violations included a failure to pass an inspection in early September of 2018. During  inspection in September, the limousine was found to have 18 seats, but was only approved to carry 10 passengers including the driver. The vehicle was also cited for a break line that was hanging loosely near one of the vehicles tires. The warning light for the brake hydraulic system was staying on the reports showed. The inspection that happened 7 months prior cited the break light being on as well. Prestige Limousine was cited for not having rectified it in September. Authorities made their first move against the company, arresting its operator outside Albany and charging him with criminally negligent homicide.

“That limo was coming down that hill probably over 60 miles per hour,” said Jessica Kirby, 36, themanager of the Apple Barrel Country Store, where she said customers were hit near the parking lot. “All fatal.” The area where the limousine blew the stop sign was also a notoriously dangerous area. The spot, an intersection right by Apple Barrel Country Store had prior accidents involving larger vehicles.

limo crash fatality

The worst automobile accident in nearly a decade

vehicle keysIf you’ve been injured in a vehicle accident, you probably understand that the operator of the vehicle is someone who potentially is liable for your injuries. However, there may be others, even if they were not involved firsthand in the accident itself, who may owe you compensation. In order to pursue these others successfully, you have to be able to show that the ultimate incident that injured you was the foreseeable result of that party’s action or inaction. To be sure your case includes all of the individuals and entities who potentially may be liable to you, be sure you’ve retained an experienced Massachusetts injury attorney.

A recent ruling from the Appellate Court is a reminder that, even if someone took a vehicle without the owner’s authorization, there may be facts that allow you to pursue the vehicle’s owner. That recent case was actually a property damage case, not an injury action. A sand and gravel company’s employee left a front-end loader unattended during a snowstorm, with the keys in the ignition, idling. The employee left the vehicle at 10 P.M. and at 2 A.M., he returned to the lot. Sometime during the intervening four hours, an “unknown and unauthorized” person had taken the vehicle and smashed into two trucks belonging to another company, substantially damaging them.

The owner of the damaged trucks sued. The trial judge threw out his case, deciding that the damage was not a “foreseeable consequence” of leaving the keys in the front-end loader. The appeals court reversed that decision and revived the damaged trucks’ owner’s case.

Legal News GavelThere are many different types of wrinkles one may encounter in an effort to obtain compensation for the harm you suffered in an auto accident. On the surface, your case might seem straightforward: prove that the person you sued was, in fact, at fault, prove that the accident injured you, and prove that those injuries caused you to suffer damages. Seems simple, right? But what happens when the person who hit you has all his assets held by an irrevocable trust? Questions like these are a reminder of the importance of retaining experienced Massachusetts injury counsel, so that you are prepared for whatever twists, turns and surprises your case may throw at you.

Recently, such a “twists and turns” case was the Massachusetts lawsuit brought by S.C. The backstory underlying S.C.’s injury accident dated back several years. In 2001, B.M. was injured in an auto accident. He suffered a severe traumatic brain injury. In 2007, an irrevocable “spendthrift” trust was established for the benefit of B.M. The trust held more than $4.1 million in assets, including $3.5 million in stocks and bonds, a house in Plymouth worth $538,000 and $120,000 of other assets.

Fast forward to 2014, and B.M. and S.C. were involved in a head-on collision. Allegedly, B.M. was traveling 76 mph in a 35 zone, crossed the center line to pass and slammed head-on into S.C.

Delayed injuries are a reality that happens for a variety of reasons. After an accident your body releases endorphins. According to howstuffworks.com  “Endorphins are neurotransmitters whose functions range from blocking pain, to generating feelings of pleasure.” In the time following in accident it’s hard to gauge levels of pain or trauma as a result of the endorphins released in your body. This effect can last for days or even weeks, leading some injuries to go unnoticed in the immediate aftermath following an automobile accident.

whiplash, delayed injury

Simulated whiplash

In the coming weeks following an accident, it’s not uncommon for one to feel abdominal pain, headaches, pain in the neck and shoulders, back pain, or a sense of numbness or tingling as a result from the impact of a car accident. Conditions of this type occurring after an accident are likely the result of said accident. It is important to see a doctor to get a proper valuation following these symptoms to determine your condition.

It’s five o’ clock on a Friday and you’re heading home after an exhausting week of work. You’re practically on auto-pilot with the thought of the impending weekend being the only fuel guiding you home, and then BAM-it happens. You find yourself in a car accident. Everyone understands when you get behind the wheel you run the risk of finding yourself in a surprise collision, yet we never think about the odds of it actually happening to us, and even worse we don’t know the steps to take to protect ourselves in the event of an automobile accident adapted from the Massachusetts DMV site.

Car Accidet

EMS Clearing A Car Accident

  1. First and foremost, you must never leave the scene of an accident. It seems obvious and trite, but flight is a guttural reaction to stimuli. You must remain as calm and reposed as you can, given the circumstance. Find a safe place to pull over your car, staying as reasonably close to the vehicle, or property you collided with without obstructing traffic. Be aware of your surroundings and any other potential dangers, such as fire, or a downed electrical wire.

It is very common to discover (especially after a recent auto accident or similar surprise trauma) alternative health treatment services such as visits to a chiropractor or acupuncture treatments are not covered by your average health insurance policy. According to health insurance expert Louise Norris, a contributor to Healthinsurance.org and Medicareresources.org chiropractic visits and services are commonly excluded from many health insurance policies. “In the under-65 market, individual health insurance is not specifically required to cover massage therapy, acupuncture, or chiropractic care,” says Norris in an article at the Huffington Post addressing the things insurance companies do not cover.

chiropractor, alternative treatment, pip, injury, personal,

Seeking alternative treatment with a chiropractor

This lapse in coverage might be deemed inessential to most; however, after experiencing trauma from an automobile accident or similar event, one may find themselves in dire need of such treatments. One such person in need of chiropractic treatments, resulting from a car accident, became a patient at Dupilka Family Chiropractic.

Legal News GavelLosing a loved one to a fatal hit-and-run accident can be especially traumatic. The disregard for the well-being of the person you loved (and whom the at-fault driver struck) can be very challenging to process. It can also create problems when it comes to recovering the compensation to which your family is entitled. Knowing what to do and taking prompt action are key. One of your first steps should be to retain an experienced Massachusetts car accident attorney to help you in your pursuit of the identification of the at-fault driver and the compensation your family deserves.

Back in April, AAA reported that fatal hit-and-run crashes were at a record high. AAA’s statistics from 2016 showed that more than one hit-and-run accident per minute took place on U.S. roads. The 2,049 hit-and-run deaths logged in 2016 was up 60% from 2009 and was the highest number since AAA began recording this statistic. Maine and New Hampshire were among the states with the lowest per-capita incidences of fatal hit-and-run accidents.

The AAA statistics also broke down the type of victim most frequently killed in hit-and-run accidents. Almost two-thirds of the 2,049 people killed by these drivers were either pedestrians or bicyclists. Many times, the reason why a driver may cause a hit-and-run accident is connected to either distracted driving or drunk driving.

Legal News GavelUnfortunately, workplace accidents are a reality in almost any field of employment. Whether you’re an office worker or a construction worker, you have some risk of getting hurt at work. If that happens, you may have to clear several hurdles in order to get the award of benefits you deserve. One of the key parts of this process can be determining whether or not you remained totally disabled or became partially disabled. To make sure that you have a strong opportunity to get the full amount of benefits you need, make sure your claim has representation from an experienced Massachusetts workers’ compensation attorney.

One recent case that involved an issue of total disability versus partial disability was the case of Shirley, who had worked for several years as a personal care assistant. One summer day in 2012, while Shirley was helping her bedridden employer, she felt a sharp knifing pain in her lower back that went down into her leg and foot. The following April, an impartial doctor examined Shirley and determined that she had a lumbar strain and a degenerative condition in her lower back. Her limitations caused by these conditions meant that Shirley was no longer able to do the work of a personal care assistant.

A different doctor examined Shirley in September and October 2013. After the September examination, the doctor concluded that the worker could resume doing light duty work if that type of work was available. In the second appointment, though, the same doctor said that Shirley had no capacity to work until she underwent additional treatment.

Legal News GavelFor many people, the decision to enter (or to place a loved one in) a nursing home is a difficult and stressful one. The time when the patient first goes into the facility is one filled with many changes and many necessary things to consider. One thing that may be easy to overlook is the paperwork that must be signed as part of the admissions process. Don’t make the mistake of just “glossing over” this step and automatically signing everything put in front of you without legal counsel. Some of these documents may be optional, and signing them may not be in your family’s best interests in the event that you or your loved one is harmed as a result of negligence by the facility staff. Instead, make sure you are armed with knowledge before you sign by relying on the representation of a knowledgeable Massachusetts nursing home negligence attorney.

Knowing before you sign is important because, once you sign, you may not be able to “take it back,” and that signature could be a significant negative for your family. For example, take the federal case involving Emma, an elderly woman who entered a Chestnut Hill nursing home in early February 2013. Later that month, Emma’s daughter Jackalyn signed several documents related to the nursing home admissions process. Over the course of the month, the daughter signed in excess of a dozen documents, ranging from DNR to an authorization for assignment of insurance benefits. Among the numerous other documents Jackalyn signed, one was something called an “Arbitration Agreement,” which the daughter signed but didn’t date.

Early the following December, Emma died. Jackalyn subsequently filed a wrongful death lawsuit against the nursing home. According to the daughter’s complaint, Emma died due to an extreme sepsis infection brought on by the pressure sores (or bedsores) on the woman’s body.

Legal News GavelWhen you are seriously injured in an auto accident, there may be many steps involved in getting the compensation you need. You may have legal rights against the other driver, the other driver’s insurance company, or your insurance company, depending on the facts of your case. To make sure that you are pursuing everything you should under the law, talk to an experienced Massachusetts car accident attorney promptly to learn about your rights and your legal options.

Heather was a driver who was seriously injured in a July 2007 auto accident in Bristol County. When you suffer substantial harm in an auto accident, as Heather did, you may very possibly have to litigate extensively to get the compensation you deserve. The other driver or his insurance company will likely contest your case vigorously, since it potentially involves a large sum of damages.

Heather’s case involved two trials and multiple appeals. Eventually, she and the other driver’s insurance company worked out a settlement. Deciding to settle a case, even one in which you have a strong factual and legal position, may make sense for you because it can allow you to achieve finality and compensation without additional delays from ongoing appeals or retrials. In this situation, Heather agreed to settle for $100,000, which was the policy limit on the other driver’s insurance policy, even though the damages award she received at the conclusion of her second trial was much greater.