Articles Posted in Car Accidents

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.
Continue reading

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.
Continue reading

Residents faced with potholes, failed traffic signals, and other signs of disrepair may be put into serious danger. Municipalities, cities, and states are responsible for ensuring that roads are safe for travel. Now Boston residents are taking action to see that a part of the city is repaired to stop accidents from happening. According to CBS Local, South Huntington Ave. in Jamaica Plain is one of the most accident-prone blocks in Boston. Some residents are scared to walk on the sidewalk because of the likelihood of an accident or collision.

There are any number of reasons an intersection may be unsafe. Blind spots, improper traffic signals, and failed maintenance can make an intersection even more dangerous. Our Boston pedestrian accident attorneys are dedicated to protecting the rights of residents an helping clients recover compensation after an injury. In addition to helping victims and their families, we are committed to raising awareness to keep Boston streets safer for all residents.
Continue reading

Distracted driving, careless maneuvers and road rage — they’re all common characteristics of drivers in the area. We face these dangers on a daily basis. And we often think “Massachusetts has some of the worst drivers!”

Now, we can see just who has the worst drivers, thanks to a recent study from Car Insurance Comparison. Not only do these dangerous drivers aggravate your daily commute and make it a lot more dangerous, but they’re also contributing to the increase in auto insurance premiums.

Our car accident lawyers in Massachusetts note officials with Mothers Against Drunk Driving (MADD), the National Motorists Association and the National Highway Traffic Safety Administration (NHTSA) looked at drivers in each state and based a rating off of information regarding deaths per 100 million vehicle miles traveled, drivers’ neglect to obey seat belt and traffic signal laws, drunk driving numbers, the number of tickets issued and trends regarding careless driving. With all of this information, officials calculated a total score, to determine which states are the worst.
Continue reading

Whether your vehicle has mechanical difficulties, you blow a tire, or get stuck in the snow, it is important to stay safe when your car breaks down on the side of the road. Throughout the year, but especially during the winter months, drivers in Boston and nationwide face the potential dangers of a winter break down. In addition to inclement weather, the dangers of hypothermia and frostbite, drivers and their passengers have to stay clear of oncoming traffic and other road hazards. One of the most terrifying events can be a car break down on the interstate–do you know what to do?

While you have seen driver stranded on the side of the road, have you considered your own action plan in the event of a roadside emergency? Our Boston personal injury attorneys are dedicated to protecting the rights of our clients and to preventing future injuries. We will investigate accidents or injuries on behalf of our clients and work to recover maximum compensation for victims and their families. In addition to our advocacy, we are committed to raising awareness to prevent future collisions, injury and wrongful death.
Continue reading

Drowsy driving is a major problem on America’s roads, with as many as a third of all Americans reporting that they are sleep deprived and not getting sufficient rest. A driver who is dozing off could cause a head-on collision or other accident and is a menace to himself and others on the roads.

Our personal injury lawyers encourage you to resolve to get a better night’s rest in 2014. Many people depend upon sleeping pills to try to get the rest they need. Unfortunately, new studies indicate that those who take sleeping pills fall asleep just 20 minutes prior to those who do not use these sleep aids. Sleeping pills could also increase the risk of a crash if you are still groggy from the pills on your morning commute. Because of the risks associated with sleeping pills, it may be better to explore other alternatives for making sure you get enough rest so you can stay awake and alert when driving.
Continue reading

General Motors has announced that 2013 and 2014 Chevy Malibus are being recalled because of defects in the vehicles that are causing a variety of serious safety issues. Our defective product attorneys in Boston know that if any of the design defects cause people to be hurt in auto accidents, then General Motors may be held legally liable for resulting injuries.

GM indicates that there have been no injuries as yet because of problems with the Malibu. However, those who drive a Malibu face an increased accident risk until their vehicle has been taken to the dealer and repaired.
Continue reading

Our Boston accident lawyers know that the holiday season is a dangerous time on the roads. While most people think Thanksgiving and New Years Eve are the highest risk times, studies indicate that there may actually be a period of time over the holiday season that is even worse for driver safety: the days around Christmas.

Christmas is supposed to be a time of good cheer, of spending time with friends and family, and of engaging in religious traditions for a number of faiths. However, Christmas has become a stressful time for many, with drivers scrambling to do last-minute shopping or to get to their travel destination. More people on the roads — especially people who are coping with holiday stress — can mean more accidents, more injuries and even more deaths.
Continue reading