We hire professionals to handle matters we ordinarily have little or no knowledge or training in, and we trust that the professional has the requisite skills to perform a particular task to our benefit. When that professional fails to perform in a way that is reasonably expected, then the client may have a cause of action for malpractice, breach of contract, or breach of fiduciary duty.
Read MoreIf you were involved in a motor vehicle accident in Massachusetts, you may be required to file a Motor Vehicle Crash Operator Report form with the RMV if any of the following occurred: Someone was injured A person was killed The accident resulted in property damage of more than $1,000 to any involved vehicle or to any other property The form can be found at Mass.gov and is required to be filed within 5-days of the accident although the time is extended if you were incapacitated. Should you be the one filing the report, you must also file it with the police department that investigated your accident or was within the jurisdiction where it occurred. At Burns & Jain, we recommend that you have your attorney file this report. In the event you were the vehicle’s operator but not the owner and were incapacitated in the accident, then the vehicle owner must file the report within the 5 day period. If the accident was a hit-and-run, file a report with the appropriate police department, which is obligated to accept the report even if the property damage was below $1000. Again, at Burns & Jain, we recommend that you have your attorney file this report. Failure to file a report can result in the RMV suspending your license. If you were injured in the accident, retain an experienced car accident attorney who can also file the report on your behalf. What to Do if Injured in a Motor Vehicle Accident Getting injured in an auto accident can mean being incapacitated for a time with time lost from work, incurring thousands of dollars in medical expenses, and possibly a permanent impairment or disfigurement. If your accident was caused by the negligent action of another party, then you may be entitled to certain compensation for the damages you suffered. There are certain steps to take to protect your right to compensation and avoid any missteps that may jeopardize your claim: If you or your vehicle is impeding traffic and presents a danger to you, then move your vehicle to a safe location off the roadway Check for injuries to any passengers Immediately call 911 if there are injuries Exchange information with the other involved driver if possible or wait for police to arrive if unable to do so Do not discuss how the accident occurred with anyone other than with police, do not engage in any argument with the other party, and do not admit to possible liability If injured at all, do not refuse medical attention. Your body may be in slight shock and your symptoms masked by the adrenaline generated by the collision. Failure to get treatment until days later might seriously jeopardize your claim for injuries Take photos of the accident scene and damage to all involved vehicles Get contact information from any witnesses Contact your own insurer who may require you to make a statement about the accident and any injuries you sustained, but do not give any statement to the other driver’s insurer or representative File the Motor Vehicle Crash Operator Report form with the RMV and with the police department that was on the scene or is the department in that jurisdiction where the accident occurred Consult with and retain an experienced car accident attorney If police were on the scene, then you can obtain a traffic accident report from them that typically costs $20. This report is only available to persons involved in the accident or to your representative such as your car accident attorney who can also obtain it for you. The report contains valuable…
Read MoreScooters, motorized bicycles (ebikes), and mopeds are becoming increasingly prevalent on Massachusetts streets in both urban and suburban areas. With gas prices continuing to be at high levels and the cost of used and new cars rising, alternative modes of transportation are now in vogue. And this is true throughout the Commonwealth.
Read MoreDistracted driving accidents and deaths have reached epidemic proportions in Massachusetts and other states. Only drunk driving poses a greater risk to other motorists as well as to pedestrians, cyclists, and those using scooters, mopeds, or E-bikes since impaired drivers are generally more reckless and drive at higher speeds though it is not uncommon for a distracted driver to lose control at a high rate of speed.
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