We have been practicing law in Boston and throughout Massachusetts since 1985. I have represented clients in District Courts, Superior Courts, the Appeals Court, Housing Court, Probate Courts, Federal Bankruptcy Court and the Federal District Court.
Smoke alarms and carbon monoxide detectors are required in all residences in Massachusetts. Owners of rental units must ensure that smoke alarms are in good working condition and comply with state law. Homes that were built before 1975 and are sold must have smoke alarms with a 10-year life span. No residential property can exchange owners without its smoke alarms being certified by the local Fire Marshall. If people are injured or killed because a smoke alarm in their residence was missing or failed to operate, you may have a injury or wrongful death lawsuit. We represented a family in which a malfunctioning smoke detector was the cause of a mother of a two-year old’s death.
If you do not live in Worcester, then you may be surprised to learn that this modest sized city of over 180,000 (the second most populous city in the state and in all of New England) has the worst safety record for pedestrians. If you do live here, then this fact may not be a revelation.
A study by 1Point21 Interactive of San Diego analyzed crash and pedestrian collision records across the state and reported that Worcester is the most hazardous city for pedestrians in all of Massachusetts, having 50 of the 496 most dangerous intersections in the state. The 496 figure reflects those intersections with at least 5 pedestrian collisions within a 15-year period between 2001 and 2014, the time span used in the study.
An interesting scenario may present itself in a wrongful death claim where police are unable to ascertain who was driving. This might occur when the occupants in the vehicle responsible for the accident do not survive and are found outside the vehicle so that their positions in the vehicle cannot be determined, or a survivor claims that the deceased was driving. Another scenario is where all parties are deceased and, again, it cannot be determined who was driving.
Insurance fraud is one of the most widespread economic crimes that occurs in the US, accounting for losses of an astonishing $90 billion per year. Car accident fraud is one of these crimes, which is punishable as a felony in Massachusetts.
Truck accidents are not uncommon since there are over 3 million truck drivers in the US and approximately 15.5 million trucks in operation. Statistics indicate there are about 500,000 accidents yearly involving 13trucks with 5,000 fatalities.