Cape Cod Injury Lawyer BlogThere are many different types of issues that can arise in a Massachusetts car accident lawsuit – who is at fault, whether the plaintiff or a perhaps a third party are also to blame, whether a certain policy of insurance is applicable considering the particular facts giving rise to the cause of action. Sometimes, the […]
Articles Posted in Car Accident
Massachusetts Appeals Court Reverses Summary Judgment in PIP Case, Sending Case Back to Trial Court for Resolution of Factual Issues Concerning Alcohol Usage
In a Cape Cod car accident case, one or both parties may initially seek payment of “personal injury protection” benefits from his or her insurance company. Ideally, these benefits are available immediately after the accident, regardless of fault. However, complications can arise, and not every driver receives the benefits to which he or she is […]
Massachusetts Court of Appeals Reverses Treble Damages Award to Car Accident Victim on Unfair Settlement Practices Claim
When someone is injured in a Cape Cod car accident, the responsible party’s insurance company has certain responsibilities toward the injured individual. When the insurance company fails in this regard, the plaintiff may have a separate legal action against the insurer. As with a traditional tort case, the plaintiff has the burden of proving that […]
Massachusetts Appeal Court Affirms Dismissal of Class Action Lawsuit for Unfair Insurance Settlement Practices
Being in a car crash can trigger many months (or even years) of painful consequences for those involved. In addition to physical injuries, those hurt in an accident may be off work indefinitely, have their vehicle declared totaled, and experience other financial losses due to the negligent driver’s conduct. Compensation for these damages may be […]
NHTSA Issues New Recalls, Warning Drivers in Massachusetts and Elsewhere of Possible Dangers
The National Highway Traffic Safety Administration (NHTSA) is an arm of the federal government whose mission is to save lives, prevent injuries, and reduce costs due to traffic crashes. The entity’s website lists many statistics illustrating its success, including a “safety success” of decreasing Massachusetts fatal car accidents in rural towns by 48% in 2015. […]
Massachusetts Appeals Court Says “No UM Coverage” When Accident Victim Identified Alleged “Hit and Run Vehicle” and Vehicle Was Insured
When someone leaves the scene of a Massachusetts car accident that results in property damage or personal injuries, he or she can be subject to both a fine and possible imprisonment. A civil negligence case is also a possibility, if the person who was hurt or whose vehicle was damaged in the crash is able […]
Massachusetts Appeals Court Sides With Vintage Car Owner After Vehicle Rolls Off Truck and Causes Accident
The fact is, most Massachusetts car accident cases settle out of court, even though the litigants in such cases have a right to have a jury decide the merits of their claims (and defenses). There are many reasons for this, including the costliness and time involved in a jury trial. Additionally, when a case settles, […]
Massachusetts Appeals Court Affirms Order on $40,000+ Settlement Agreement, Despite Defendants’ Attempts to Avoid Judgment
There are several familiar expressions warning against a premature assumption as to the outcome of an event. “It ain’t over ’til the fat lady sings.” “Don’t count your chickens before they hatch.” “It ain’t over ’til it’s over.” It’s all sound advice. But what happens if, after the fat lady has sung, the chickens have […]
How Do Massachusetts Drivers Rank When Compared to Others Across the Country?
So how bad – or how good – are Massachusetts drivers, really? That all depends on whom you ask. Some sources claim that Massachusetts has some of the best drivers in the country, but other studies lead to a very different conclusion. While we cannot say with 100% accuracy which side has the better argument, […]
Massachusetts Court of Appeals Affirms Defense Verdict in Unfair Settlement Practices Case, Noting Plaintiff’s History of Prior Accidents
Those who have been involved in a Cape Cod auto accident may be surprised to learn that they may have to file multiple claims, including not only a negligence claim against the party whose actions led to the crash but also a claim against their own insurance company if the negligent party does not have […]