Motor Vehicle Accidents | InjuryBoard Boston

California has banned cell phone use by drivers ages 16 & 17. The ban will include text messaging. Older drivers will be allowed to use hands free phones, but the ban for the teenagers will be total. While the legislation is positive and regrettably, too rare, it is insufficient. A number of studies have shown that even during conversations on hands free cell phones, drivers' reactions times...

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If the sight of the driver to your right on the interstate, chatting away on his cell phone gets you angry, you've got a right to be. Various studies have shown that driving while talking on a cell phone can be as dangerous as driving with a blood alcohol level over the legal limit. Estimates of the number of U.S. traffic fatalities caused by cell phone talking while driving are generally in the...

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The federal Appeals Court of the D.C. Circuit, struck down new rules of the Federal Motor Carrier Safety Administration, that would have allowed big rig truckers to drive many more consecutive hours. The case was brought by Public Citizen, a public safety advocacy group, and other groups formed to protect the public against tired truckers. The Appeals Court held that the federal agency had not...

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Several days ago, I posted a blog on bad faith denial of claims by insurance companies. I don't usually write blogs on the same topic within several days of each other, but I must comment on the superb reporting on insurance company bad faith, in this month's issue of Trial magazine. Trial is the journal of the American Association for Justice, the plaintiffs' trial lawyers association. The...

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For many years, small car accident cases resulting in modest injury, were the bread and butter of a portion of the Massachusetts plaintiffs' personal injury bar. Some firms had hundreds of these cases, which were prepared in cookie cutter fashion, and settled with adjustors with little or no discovery done, or even before suit was filed. Reputable lawyers handling the small car accident case,...

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There is only one reason to buy insurance - to have the peace of mind of knowing that the financial needs of you or your family will be covered in the event of death, catastrophic injury, or long-term disability or illness. When an insurance company denies payment of a valid claim in bad faith, it is practicing the corporate greed version of "what's mine is mine, and what's yours is mine." You...

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In a previous blog, I wrote about day-in-the-life videos. These are videos that film a severely injured plaintiff and capture vignettes of a typical day, in a 20 - 30 minute movie. If done properly, they can be shown to a jury at trial. Another tool that any lawyer representing a client with catastrophic injuries may consider, is a video settlement brochure. In the video settlement brochure, the...

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Driving while chowing down a donut, alternating the snack with a cup of hot coffee, is a time-honored example of dangerous, distracted driving. Even though driving safety researchers preached that drinking a beverage while driving, could lead to car crashes due to distraction, human nature dictated that eating and drinking while driving, was never going to stop. The ante was raised with the...

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A few years ago, the National Safety Council ran a television ad showing a deadly car crash, with the superimposed message, "he was right - dead right." I don't know if the ad stopped any accidents, but its message was undeniably true - when on the roads, drivers have to put safety over pride. Sometimes, the best course is to give the right of way to the car, that by rights, shouldn't have it....

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Most people have heard the term "statute of limitations," and have a vague idea that it creates some kind of time limit for legal action. Many people do not realize, however, how devastating a statute of limitations can be when it expires and extinguishes the right to pursue a valid lawsuit. Victims of a serious injury, or their family members, often suffer a type of emotional numbness when it...

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A tragedy in Atlanta, Georgia, killed six members of the baseball team of Bluffton University, Bluffton, Ohio, and injured dozens of others. The Bluffton baseball team was traveling in a charter bus on highway I-75 in Atlanta, Georgia, on the way to games during the team's spring break. It appears that the bus took a left lane exit at full speed, the driver possibly thinking that he was in a...

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You've seen them on television - those private investigators who can solve any crime or get the true story on any disaster while the authorities fiddle around without a clue. If you are old enough to remember "The Rockford Files," then you know how creative television private eyes can be. The work of real-life private investigators is more boring, generally consisting of tenacity, a good...

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It may be tempting to think that the value of a serious injury case due to negligence, to a person already burdened with significant disabilities, has to be substantially discounted. Unfortunately, I've dealt with some insurance adjusters who take just such an attitude. They are seriously mistaken. Juries throughout the country, including my own state of Massachusetts, have recognized the value...

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While the northeast of the country experiences nasty winter weather, from 2 feet of snow to frozen precipitation, it's a good time to remember the added responsibility on anyone who drives in the winter. Most serious highway accidents in winter conditions are the direct result of driver negligence. The most frequent cause of fatal car crashes in winter is the same as other times of year - speed;...

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A widely cited USA Today analysis of 2006 statistics shows that traffic fatalities were down significantly in sixteen states. Obviously that's good news. The causes of reduced fatalities raise some interesting cost-benefit questions. Some measures - public relations campaigns to reduce aggressive driving - are not controversial. Other means to reduce car accidents force the public to think about...

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