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Comparative Negligence in Massachusetts

Category Archives: Auto Accidents

Comparative Negligence in Massachusetts

It is not unusual for the defendant in a car crash case to claim that the injured plaintiff was careless and bears some or all of the responsibility for the accident. Under Massachusetts law, the defendant has the burden of proving this contributory negligence, just as the plaintiff has the burden of proving the defendant’s […]

Defective Highway Design a Factor in Wrong Way Deaths

In late October five individuals were tragically killed when a wrong-way driver crashed head-on into another vehicle on Interstate 495 in Middleborough, Massachusetts. While the affected communities continue to mourn the traffic loss of life, alterations in signage and design changes to highway ramps could reduce the likelihood of future occurrences. Federal highway safety statistics […]

When Do Driving Conditions Become a Factor in an Accident?

The key to whether a driver is legally responsible for having caused an accident is usually negligence. When one driver sues another for damages, the court inquires as to whether the defendant driver was careful or careless. The answer depends upon whether the facts show the defendant’s behavior was reasonable or unreasonable under the circumstances. […]

Does Massachusetts’ No-Fault Car Accident Law Limit My Right to Sue?

Like many other states, Massachusetts adopted a no-fault approach to auto accidents to encourage swift and easy settlements of minor claims. With no-fault, the parties involved in a traffic accident file claims with their own insurance companies, rather than with the company insuring the driver who allegedly caused the accident. The logic behind the law […]

Study Indicates Self-Driving Cars May be Involved in Higher Rate of Accidents

A recent study from the University of Michigan Transportation Research Institute concluded self-driving test cars are involved in crashes at five times the rate of conventional cars. In almost every incidence, the accidents involve human operated cars crashing into automated ones. Automated cars are often traveling at low speeds when these accidents occur. There has […]

Federal Agency Admits Defective Tire Recall System is “Completely Broken”

Recently, accident investigators from the National Transportation Safety Board admitted that each year tire defects cause 33,000 accidents and kill more than 500 motorists. Yet, only one in five defective tires is removed from our roads via recalls. Investigators claimed that half of recalled tired remain in use, posing a serious danger to consumers, other […]

Can I Sue If I’m Injured Due To a Tire Blowout?

Tire Blowouts are a great danger on the Road The most common source of tire blowout is under pressurization of tires.  This is a well-documented and undisputable fact.  It is critical to repeatedly and frequently check tire pressure on commercial trucks, especially tracker trailer trucks.  Tracker Trailers are regulated by the Department of Transportation (DOT).  […]

Defective GM Power Steering Systems Can Cause Serious Injuries

Power Steering systems on certain General Motors car can fail causing serious injuries. On February 14th, General Motors Co. recalled 81,123 cars due to concerns about their electric power steering systems. This recall is an expansion of a 2014 recall of approximately 1.3 million vehicles for similar steering defects. This most recent recall applies to the 2006 and 2007 Chevrolet […]

Serious Injuries From Defective Airbags

You can be seriously injured when your airbags do not work properly. Airbags are there to save people when they are in an auto accident. If you are in a car and another vehicle directly hits the front of your car, the frontal airbag should deploy. If there was a side impact near the driver […]

Personal Injury Protection in Massachusetts

Many drivers may not be aware that under the Massachusetts No Fault law, nearly every driver and passenger in a motor vehicle, injured in an accident, is entitled to have his or her medical bills and lost wages covered up to $8,000.00. This is called Personal Injury Protection or “PIP.” If you are out of […]