Cape Cod Injury Lawyer BlogA person who lends a vehicle to a dangerous driver in Massachusetts may be found negligent if the driver causes a collision that results in bodily injury. However, there are specific requirements that a plaintiff must meet in order to demonstrate an automobile owner’s culpability for an accident. A Massachusetts court recently considered the negligence […]
Articles Posted in Car Accident
Massachusetts District Court Discusses Personal Jurisdiction Over Out of State Parties in Car Accident Cases
Although car accidents generally arise out of negligent driving, other factors can contribute to the damages sustained in collisions. For example, a defective car part may injure a person involved in an accident. Manufacturers of defective car parts may be deemed responsible for any losses they cause, but they may try to avoid liability by […]
Federal District Court Applies Massachusetts Law to Deny Summary Judgment in Negligent Entrustment Case
Having an insurance policy that covers accidents caused by uninsured or underinsured motorists is important. Without such coverage, it is extremely difficult – often impossible – to receive fair compensation for personal injuries or a wrongful death caused by a driver who either doesn’t have insurance at all or who has only minimum coverage. Unfortunately, […]
Massachusetts “Snowbirds” Denied Liability Coverage for Accident Involving Vehicle Garaged in Florida and Driven by Family Member There
Most Cape Cod car accident cases focus primarily on the personal injury aspect of the accident at hand. However, there is another potential claim in most car crash cases: property damage. The reason that we rarely hear about the property damage aspect of a plaintiff’s case is that such claims are usually relatively small compared […]
Massachusetts Appellate Tribunal Affirms Dismissal of Bad Faith Case Against Insurer Following Car Accident
When someone is injured in a Cape Cod car accident, the insurance company that insures the at-fault motorist has certain responsibilities to the injured individual(s). If these obligations are not met, there is a possibility of litigation against the company later on. In many instances, it is the insured motorist who brings suit against his […]
Massachusetts Court of Appeals Rules in Favor of Defendant Who Experienced Seizure Before Causing Car Crash
Cape Cod car accident cases require the plaintiff to prove, by a preponderance of the evidence, that the defendant breached the applicable duty of care and that this breach of care was the proximate cause of the damages for which the plaintiff seeks compensation. Generally speaking, a defendant who crashes her car into an innocent […]
Massachusetts Appellate Court Refuses to Set Aside Arbitration Award in Car Accident Case
While the right to a trial-by-jury in a Cape Cod car accident case is very important, there are sometimes occasions when the parties to such a matter may opt to submit their dispute to arbitration rather than move forward with a traditional trial. Like other kinds of alternative dispute resolution such as mediation, arbitration takes […]
Massachusetts Appeals Court Affirms Dismissal of Car Accident Case Against City Due to Lack of Presentment of Claim
Most Cape Cod car accident lawsuits are filed by an individual, couple, or family against a motorist whose careless conduct led to injury or death. Sometimes, however, there are other possible defendants in such cases. If the allegedly negligent driver was acting in the course and scope of his or her employment at the time […]
What Massachusetts Residents Need to Know About Automobile Insurance
It is no secret that having the right automobile accident insurance is important, but many people do not truly understand the type of insurance that they need or even what coverage they currently have. Unfortunately, some drivers do not learn that they have inadequate coverage until they have been involved in a Cape Cod car […]
Court Refuses to Reverse Ruling Imposing At-Fault Accident Insurance Surcharge Following Massachusetts Crash
Under Massachusetts law, contributory negligence does not necessarily bar recovery of monetary compensation for damages suffered in a car accident. Generally speaking, this means that being “a little at fault” in causing a crash does not prevent an injured person from filing suit to recover compensation for lost wages, medical expenses, and pain and suffering […]