In March, an autonomous vehicle (AV) struck and killed a woman who was crossing an Arizona highway at night despite the car having a human behind the wheel as a safety precaution. An investigation revealed that the vehicle, which was owned and being tested by Uber, failed to detect the pedestrian and that the driver reacted too slowly in engaging the steering wheel to avoid the collision. Some experts commented that although the victim may have been crossing the highway unlawfully, the Uber vehicle’s technology should have sensed her presence and either slowed down or taken evasive action.
We have represented many families whose loved one was the victim of wrongful death. The most common reasons for wrongful death are motor vehicle negligence, a motorcycle accident, drowning, or a fire in an apartment building. We have also represented many victims of legal malpractice in Massachusetts. Those cases often involve a conflict of interest, negligence in civil procedure, failing to perform up the standards in criminal law, or over billing. Wrongful death as a result of legal malpractice is not something we hear about often. However, there is a Massachusetts case in which legal malpractice was alleged as the cause of death. Read on.
Our clients understand that not all legal malpractice cases are a violation of the Consumer Protection Statute. For example, when a lawyer makes a mistake, such as neglecting to file suit before the statute of limitations runs, it may be negligence and it may be a valid case, but it is not necessarily “unfair and deceptive.” If the lawyer acknowledges his or her mistake, informs the client that they must retain new counsel, and cooperates by providing the file, we have a negligence legal malpractice case. The case is not likely a violation of Massachusetts General Laws, Chapter 93A for unfair and deceptive practices.
Traffic accidents happen everyday and chances are that if you drive long enough, you will be in one as well. And if you are injured, what happens if the motorist who caused your accident was uninsured?
Some instances of conflict of interest for attorneys are obvious. Your former divorce attorney can’t represent your former spouse in a subsequent action regarding child support. Your business attorney can’t represent your competitor in a case you bring against the competitor. Your real estate attorney can’t represent your neighbor in a conflict over boundary issues.
Bicycling has become more popular with millennials as an alternate mode of transportation. X-gens and baby boomers are finding that bike riding is a less stressful way of losing weight and maintaining overall health. Many cities have responded by making their communities more bike-friendly by constructing bike trails and marking city streets for bike lanes among other measures in order to accommodate more riders and to encourage bike riding.