Articles Tagged with liability

download-1-4-300x168Massachusetts follows what is known as no-fault insurance model. In a no-fault model, a driver who is injured in an accident must first file a claim against their own insurance company for injuries sustained in the crash. In some instances, no-fault insurance prevents the other driver from being taken to court in a personal injury lawsuit.

There are particular circumstances, however, in which an injured accident victim may file a claim against the other driver’s insurance company, including:

  • The injured driver sustains at least $2,000 in reasonable medical expenses; or

download-3-2Self-driving cars are on the rise across Boston. Just this past week, it was announced that the self-driving car company nuTonomy had received permission to test self-driving cars throughout our city.  With this news, it appears that the self-driving car revolution is not slowing down any time soon. Typically two issues arise when it comes to self-driving cars: Are they actually safer, and who is liable if a self-driving car crashes?

In 2013, the National Highway Traffic Administration released a 6-level classification system for autonomous cars. Level 0, the lowest level, means the automated system may issue warnings to the driver, but the driver is completely in control of the vehicle. Level 5, the highest level, means that no human interaction is required – the vehicle completely drives itself.

At a level lower than 3, the level at which a driver can safely focus their attention on tasks other than driving, a driver must remain in control of the vehicle and its movements.  Therefore, if an accident occurs in a Level 3 vehicle, the driver is accountable for their negligence. At level 2, it is required that a driver keep their hands on the wheel and be able to take action if the car begins to go out of control.

download-1-3-300x168With the sharing economy on the rise in recent years, ride-sharing companies are becoming equally as popular across Boston and other large areas.  Companies such as Uber, Lyft and Sidecar have become prolific over the past few years as alternative to a traditional taxi service. With their rise in popularity, problems are constantly arising with regard to liability for accidents.

Many individuals are using ride sharing companies on a frequent basis. However, many of those people are unsure about what to do if they are involved in an accident in an Uber or Lyft. With the influx of users and consumers, more problems are becoming apparent with these companies. One problem that has yet to be solved is the legal responsibility for damages when a ride sharing crash occurs. Ride sharing companies have established some rules for responsibility but the area still remains confusing and unresolved in many instances.

A driver for one of these ride sharing services will have his or her own personal insurance. The ridesharing company may also have supplemental insurance to cover crashes. If the driver is in an accident and the rider is injured, the plaintiff can have a difficult time collecting on his or her injuries.

download-4A single-vehicle accident can be every bit as serious as a crash involving multiple cars.  Some people think that single vehicle accidents mean that the driver is always at fault and that there is nothing they can to recover for their injuries, including pain and suffering, medical bills and missed time from work.   That is simply not true.

Many factors beyond the control of the driver can lead to single vehicle collisions,including poor weather conditions, road conditions, and defects in your vehicle either from the manufacturer or from a negligent repair by a mechanic.  Any of these problems may have caused your accident and injuries. At The Law Offices of Jeffrey S. Glassman, our Boston accident attorneys have helped many clients recover for their injuries sustained in single-vehicle accidents and can help you as well.

Single vehicle accidents are more common than you may think. Data from the Insurance Institute for Highway Safety reveal that approximately 55 percent of motor vehicle crash deaths in 2016 occurred in single-vehicle crashes. In many states, that number climbs to over 60 perecent. Some common examples of such accidents include but are not limited to: running off the road, debris in the roadway, a dangerous object left in the road, poor road repairs and evasive maneuvers to avoid crashes with another driver.