Articles Tagged with Negligence

download-3-1In any personal injury case, the injured victim must prove that the other person was negligent in some way. Negligence refers to the failure to exercise reasonable car for the safety of others.  In some personal injury cases, negligence is disputed by the defendant or the insurance company.  So what happens then?

In Massachusetts, we have a law known as comparative negligence.  Under comparative negligence, if the victim was partially responsible for their injuries then their settlement value is reduced by the amount they are determined to be negligent.  The following is an example:

Suppose a pedestrian is walking at a crosswalk when he steps out into the roadway and is struck by a speeding vehicle.  If the pedestrian had looked both ways, he could have seen the vehicle coming in his direction.  However, he may not have had time to react because of the vehicle speed.  The pedestrian’s case is worth $100,000.00.

Bicycle Accident with Injury on Massachusetts AvenueA Cape Cod area bicycle accident took place late Saturday evening.  The accident happened in Dennis, Massachusetts on Lower County Road near Shad Hole Road.   The Dennis Police Department was dispatched to the scene of the accident.   After their arrival, they quickly secured the scene and began their investigation of the crash.

A preliminary investigation indicated that the bicyclist was traveling on Lower County Road when he was struck by an oncoming vehicle, also traveling on Lower County Road.  The bicyclist suffered serious injuries in the crash.  An ambulance also responded to the scene and EMTs administered medical treatment to the injured bicyclist.  The bicyclist’s injuries, however, required hospitalization.  He was later transported to Cape Cod Hospital where he is receiving additional treatment.   The condition of the bicyclist is unknown at this time and his identity has not been revealed.  Dennis police continue to investigate the crash.  Authorities have not revealed whether they intend to charge the driver in connection with the accident.

Bicycle Accidents

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A bicyclist in Worcester has serious injuries after a collision with a motor vehicle that occurred on Friday evening.  The collision happened on Queen Street, near the intersection with Chandler Street.  The cyclist was riding on Queen Street when she entered the intersection at a traffic light.  Upon entering the intersection, the woman collided with an oncoming vehicle traveling in the opposite direction, hitting her head against the driver’s side door of the vehicle.

The woman was injured as a result of the collision.  Medical assistance was called to the scene by investigating officers with the Worcester Police Department.  The woman did sustain a large cut to her head from the impact with the door.  Further updates on her condition were not immediately provided.  At this time, however, authorities do not believe her injuries to be life-threatening.  Witnesses on scene stated to police that the car had a green light when it proceeded into the intersection prior to the collision.  The woman has not been identified.

Bicycle Accidents

When a loved one dies, more often than not they are survived by dependents who, in addition to having to deal with the emotional loss, also have to deal with the resulting financial hardships.  

In situations where the deceased would have had grounds for a personal injury claim had they survived their injuries, surviving loved ones may be able to pursue a wrongful death claim.

Under Massachusetts law, for example, an individual or organization can be held liable for wrongful death if they cause a fatal accident by:

The Social Security Administration (SSA) has two primary programs intended to provide for those who cannot work due to being disabled.

The first program, supplemental security income (SSI), is available for both the elderly and the disabled. SSI benefits are granted on a means-adjusted basis, meaning the greater your need, the greater your benefit.

The other program is known as Social Security Disability Insurance, or SSDI. It is intended for those who have earned a safety cushion should their work cause them to be disabled. SSDI benefits are determined by age, given the assumption that an older worker has paid more taxes, thus deserving more benefits.

An inquiry continued into the two-car head-on crash in Wilmington, Massachusetts, which caused injuries to both motorists.Head-On Collision in Wilmington Under Investigation

Reports from law enforcement indicate that the accident happened at Hopkins Street at approximately 6:30 p.m. on Friday.

There were no other occupants in the vehicles.

One driver was a man who suffered serious injuries, and the other driver was a woman whose injuries were not as severe. Both were transported to the hospital.

The cause behind the incident is unknown at this time.

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Over the past month we have seen a number of examples of people seriously injuring themselves and others with fireworks and firearms in what are essentially accidents. With respect to the fireworks accidents, it makes sense to see an increase around this time of year due to the Fourth of July holiday and other summer holidays in which fireworks are used.

armadillo-1-1404185There was of course the notable incident when a 22-year-old man placed a loaded pyrotechnic motor shell and tube on his head with one had and lit lighter in the other. While witnesses said he was only joking and did not mean to light the firework, he was killed in this accident nonetheless. Continue reading

Drones have become big news lately. The concerns are not only large surveillance and attack drones the United States Air force and Central Intelligence Agency (CIA) uses in the War on Terror, such as the Predator Drone. There are also fears regarding the smaller, publicly-available drones anyone can purchase and operate for less than $1,500.

used-pump-action-shotgun-1-1454122The drones sold for personal use are legal for anyone to use without any kind of license, but they cannot be used for commercial purposes. If they were used for commercial purposes, such as filming movies or package delivery, it would fall under the authority of United States Federal Aviation Administration (FAA), which does not permit the commercial use of drones. This is what Amazon is trying to change so they can deliver packages by drones. It is also a law that these drones can’t be operated in restricted airspace. Continue reading

We have been hearing a lot on the news these days about a increase in the number of shark attacks at beaches along the east coast of the United States. While some say they are not going to change their summer plans to the hit the Cape and other beaches, many are reacting to fears of increased shark attacks. However, according to a recent news article from Sporting News, a woman is suing the Miami Marlins Baseball Club for injuries she sustained in what is being called a “fake shark attack.”

shark---ushaka-marine-world-261037-mAccording to her complaint, she attended a game at Marlins’ Park in 2013. As the team does at every home game, the “Great Sea Race” was held, in which mascots wearing foam and rubber costumes depicting various sea creatures run around the warning track in a foot race, and sometimes they engage in various other stunts or antics to amuse the crowd. Continue reading