Car Accidents

February 18, 2016

Massachusetts One of Few States with “Ice Missile” Law

There is no question that driving in the ice and snow is dangerous. There are many accidents as a result of people driving too fast for dangerous conditions. There are also accidents caused by people in cars that are unable to drive safety in the snow, and there are accidents caused by people being overconfident in vehicles that are designed to handle winter conditions like an SUV with four-wheel drive.

However, in addition to acts caused by driving on the snow and ice, there are many accidents caused by snow and ice still on the roofs of cars and trucks while driving at highway speeds. Anyone who driving in Boston or on the Mass Pike during the winter has surely seen huge chunks of ice and snow falling off the top of a car or truck. You have probably also seen giant sheets of ice that are several feet long flying off the top of a semi-tractor trailer, and you may have had to swerve out of the way to avoid being hit by them. Continue reading

February 15, 2016

Beall v. Holloway-Johnson: Sovereign Immunities in Personal Injury Cases

by Jeffrey S. Glassman

When a victim is injured as result of the negligence of an employee of the state or municipal government, and a lawsuit is filed, government defendants will often try to escape liability or limit liability based on what is known as the doctrine of sovereign immunity. While the actual statute may have a different name under state or local government tort claims acts, the doctrine essentially places a limit on the amount of money one can demand or be awarded from a government defendant in many situations.

The reason these laws exist is because lawmakers felt that in order for a government to perform its essential functions, it must be able to operate without constant fear of lawsuits that could bankrupt the treasury. The rationale is that a government, unlike a private citizen or corporation, has no choice but to act. The government is responsible for providing various functions. For example, even during a major snowstorm, the government must send out plows and salt trucks. This is dangerous work, and it may result in personal injury or property damage. Since the government has not choice but to go out and work on the roads, a person should be limited in amount of money they may obtain in a lawsuit. Continue reading

January 20, 2016

Secret Service Agent Hurt in Recent Accident Left Paralyzed

by Jeffrey S. Glassman

A couple of weeks ago, it was reported that a United States Secret Service advance team was in the New England area preparing for an upcoming visit from presidential hopeful Hillary Clinton when their vehicle was hit by another driver in a head-on collision. Basically, everyone involved in the accident was seriously injured, and one person was killed.

Among the injured was a Secret Service agent who was left paralyzed following the tragic accident. According to a recent news feature from CBS Boston, his fiancé got a call at her Boston home from the 30-year-old agent himself, and he told her that she was the best thing that ever happened to him. He also told her that he can’t feel his legs and that she needed to come get him as soon as possible. Continue reading

November 20, 2015

Woman Survives “Freak Accident” on Massachusetts Highway

by Jeffrey S. Glassman

According to recent article from the Boston Herald, a 67-year-old woman was on her way to a community theater where she volunteers her time to make costumes for the theater company’s productions. While she was driving, a 4×4 wood board smashed through the front windshield of her vehicle and ended up just a few inches from her head. Had the board hit her, it would most likely have caused serious personal injury or death. The woman told police it all happened in an instant. She could not believe what had happened and knew how close it came to hitting her in the face.

At the time of what is being described as a freak accident, the woman was headed north on I-91 in Springfield. A box truck hit the wooden board that was already lying on the road surface in the middle lane. When the truck hit the board, it flipped and went flying behind the truck and into this woman’s windshield. Continue reading

October 8, 2015

Montreal Canadiens’ Zack Kassian Injured in Car Accident

by Jeffrey S. Glassman

According to a recent news report from CBS Sports, Montreal Canadien’s forward Zack Kassian was in a car accident where he suffered serious injuries. He was sent to the hospital following the accident and is now under the care of the team’s medical staff.

Witnesses say Kassian was riding in the car as a passenger, along with a 20-year-old female driver and an 18-year-old passenger, when the accident occurred. One witness took a photograph of the vehicle, which had apparently crashed into a tree. Investigators are still trying to determine the cause of the accident and have said they will release more information when it becomes available. Continue reading

September 2, 2015

Frazier v. Drake: Offers of Judgment

by Jeffrey S. Glassman

Frazier v. Drake, an appeal from the Nevada Court of Appeals, involved defendant who was driving a truck as part of his job working for a concrete company. He testified that he was driving with the window open when a number of bees flew into the cab or the semi tractor-trailer truck. He then testified that one of the bees landed on his eye. When he tried to remove the bee, he did not see a light had turned red and crashed into the rear end of plaintiff’s car, which was stopped at the red traffic signal.

The occupants in the front car were injured as a result of the car crash and filed a personal injury lawsuit against plaintiff. Around one year after the case was filed and three years before trial, defendants made an offer of judgment for $50,001 to one plaintiff and $70,001 to the other plaintiff, pursuant to relevant state law. Both plaintiffs rejected their respective judgment offers and decided to proceed to trial. Continue reading

August 19, 2015

One Dead, Two Injured in “Strange Accident”

by Jeffrey S. Glassman

Some accidents are termed “freak accidents,” because they involve circumstances that we would not expect to see. According to a recent news feature from the Sun Herald, one of this “strange accidents” has resulted in the death of one person and the serous personal injury of two others in Mississippi.

Authorities say this accident occurred when a car was propelled through the air, then hit the raised porch of a house, and then landed completely upside down in the woods. When emergency personnel arrived at the scene of this fatal accident, they initially could not figure out what exactly happened, and these are people who deal with deadly wrecks on a regular basis. Continue reading

August 7, 2015

Wellesley Man Injured by Rented Truck

by Jeffrey S. Glassman

Any accident involving rented equipment can pose additional challenges in the context of a personal injury lawsuit. The reason for this is that the owner of the equipment, whether it is a car, truck, van, forklift, or anything else, is likely going to avoid accepting any liability as a result of the negligence committed by the person who rented the item. Continue reading

August 26, 2014

Lindner v. Union Pacific Railroad Co.: Diversity Jurisdiction in Federal Personal Injury Lawsuits

by Jeffrey S. Glassman

Lindner v. Union Pacific Railroad Co., a case from the U.S. Court of Appeals for the Seventh Circuit, involved a couple who were driving under a railroad bridge when a train derailed above them. The train derailment caused the bridge to collapse and land on the couple’s vehicle. Both occupants of the car, husband and wife, were killed in the tragic accident.

The decedents’ son filed a wrongful death action against the railroad alleging that the accident was due to negligence. As your Boston personal injury attorney can explain, a wrongful death action is a type of negligence case typically filed by one or more of the surviving heirs of the decedent in the name of the estate.

This case was filed in federal court. A personal injury can be filed in federal court if it implicates a “federal question” or there is diversity of citizenship and the amount in controversy (claim) is more than $75,000. In this context, diversity of citizenship means that the plaintiff(s) and defendant (s) reside/operate in different states. Here, the plaintiffs were from Illinois and the railroad had its headquarters in Delaware. Many companies have their headquarters in Delaware, due to the state’s laws being favorable to corporations.
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August 3, 2014

Partenfelder v. Rohde: On Federal Preemption in Negligence Actions

by Jeffrey S. Glassman

Our Boston personal injury lawyers know such cases require a thorough understanding of both state and federal negligence law.

In Partenfelder v. Rhode, a case heard in the Wisconsin Supreme Court, a freight train hit a minivan. According to the record, the local police department sent a letter roughly two weeks before the fatal accident to a member of the rail police. The letter stated the town would be holding a Memorial Day parade, which might increase pedestrian traffic in the area along the railroad tracks.

The letter asked the rail police to notify all train conductors of the possibility of pedestrian and vehicle hazards on the tracks at a particular location. The letter did not request that trains operate at reduced speed. The officer did not get any response to his letter and sent another copy of the same letter the following week. The rail police officer who received the letter sent a memo to the train dispatcher, who generated a special bulletin telling train crews to sound the warning bell continuously and look out for crowds at a particular location.
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