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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.
Uber is one of two highly recognized ridesharing or ride-hailing services that is ubiquitous in most cities and larger towns throughout the U.S. and abroad. Each state requires these services to maintain a one-million-dollar liability policy in the event of an accident where the Uber or Lyft app is activated, and a passenger is on-board. These policies provide substantial coverage for the drivers if they cause an accident or they or their passengers are injured while being transported. But what if a third party asserts that the Uber passenger was at least partially at fault for their injuries? Would Uber insurance cover the passenger?
A tragic rollover accident occurred in early June that took the life of a 16-year old who had just completed his junior year in high school. The young driver had been traveling on I-93 in Andover, Massachusetts, around 5:00 p.m. when his 2018 Mitsubishi SUV rolled over and crashed into a signpost. He later succumbed to his injuries.
Crosswalks are designed to protect pedestrians as they cross intersections or anywhere else on a roadway where they are painted by alerting motorists to their presence. By Massachusetts law, a motorist must stop when a pedestrian is in a crosswalk or if the pedestrian is within 10 feet of the halfway point in the road. However, one impatient and allegedly intoxicated motorist in early May of this year felt that 3 pedestrians in a crosswalk at Columbus and Clarendon in the South End of Boston around midnight were mere annoyances. After honking at the 3 people who were crossing, he decided to just plow through and struck them.
A new distracted driving bill called An Act Preventing Distracted Driving that was passed in May 2019 will, if passed by the Senate and signed by the Governor, take effect soon. The bill now bans all cell phone use except for one finger touch or swipe while driving. The use of cell phones has become a major factor in causing traffic accidents and fatalities over the past 10-15 years to such a degree that it rivals drunk and drugged driving.
Truck accidents are often synonymous with wrongful death claims because of the severity of the injuries and damage these vehicles can cause in a collision. Tractor-trailers and other large commercial vehicles can weigh 80,000 pounds or more with loads compared to the 5,000 pounds of the average passenger vehicles. In a collision with one of these massive vehicles, drivers and passengers in ordinary cars are at a serious disadvantage. Statistics from the National Highway Traffic Safety Administration show that 73% of those killed in truck accidents are the drivers and passengers of the smaller vehicle.