Tag Archives: car crashes
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. […]