By Robert I. Feinberg | Published December 22, 2015 | | |
First let me go on record, as the Massachusetts Academy of Trial Attorneys has, and greatly advocate the use of seat belts. It is one thing that we can all do to help enhance our safety. Unfortunately, sometimes I am faced with clients who are in serious motor vehicle accidents who did not have a seat belt on at the relevant time.Read More
Pedestrians often suffer extreme injuries when struck by a motor vehicle. In this video blog, I discuss the various legal considerations that one should be aware of concerning a pedestrian who is involved in such an accident in Massachusetts. One general consideration is the perspective of the opposing insurance company. The insurance company will attempt to defend against the pedestrian’s claim by invoking a Massachusetts statute that requires a pedestrian to cross in a crosswalk if one is available within 300 feet.Read More
In a recent video blog, Defense attorney John Johnson spoke of important factors that he uses to assess a case. He explicitly mentioned that statements made soon after an accident or to a medical provider are very relevant to his determination of liability. As a plaintiff’s attorney, I want to point out that this can go either way: statements of the defendant at an accident scene are also very probative and for the same reasons.Read More
Automobile insurance will protect you in the event that you are sued for your alleged negligence. There is Compulsory Bodily Injury Coverage under Part 1 but you would be well advised to choose Part 5, Optional Bodily Injury Coverage. However, there are two other coverages that you can select which will protect you and your family as well as guest occupants in some circumstances.Read More
During the jury empanelment stage of both civil and criminal trials, there are inevitably some prospective jurors who raise their hands when asked whether service would impose an extreme and unusual hardship. Generally, those jurors are excused. Other prospective juror may feel that there is a reason that they cannot be impartial and, in that Read MoreRead More
Plaintiff lawyers often lament how the Supreme Judicial Court has authored opinions that restrict the rights of plaintiff litigants. But, in truth, there have been many instances where the court has been sensitive to the rights of victims. One such case is Rhodes v. AIG Domestic Claims Inc. 461 Mass. 486 (2012) which gave liberal Read MoreRead More
I have encountered several clients who apologize for suing. They make a special attempt to distinguish themselves from others who they see as greedy or “gaming” the system. Why is this so? Why has a stigma been attached to the idea that we should be able to vindicate our rights? On some level, these clients Read MoreRead More
According to the CDC, between 2001 and 2008, more than 34,000 motorcyclists were killed and an estimated 1,222,000 persons were treated in a U.S. Emergency Department (ED) for a non-fatal motorcycle related injury. Motorcycle accident death rates increased 55% from 2001 to 2008. According to statistics that are readily available, in 2005, there were 56 Read MoreRead More
Hands-free driving is not synonymous with risk-free driving, according to a recent study. The American Automobile Association Foundation for Traffic Safety concluded in a recent major study that hands-free mobile technology, and especially advanced operating systems such as the iOS and Cloud, may actually enhance distracted driving instead of reducing it. Other research reaffirms this Read MoreRead More
A recent multicar pileup in Jamaica Plain ended when six residents, including four teenagers, were rushed to local hospitals with various injuries. At least two of the victims were in critical condition. Authorities state that a Sport Utility Vehicle (SUV) full of teenagers crossed the center line at around 2:00 p.m. on September 3, 2013. Read MoreRead More
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