In Massachusetts, comparative negligence laws provide a fair way to resolve disputes in accidents involving multiple drivers. To recover damages, your level of fault must not exceed 50%. If you were partially responsible, the amount you can recover will be reduced by your percentage of fault. Because determining liability in multi-vehicle accidents often involves nuanced legal arguments, consulting with an attorney can make all the difference.

What Is Comparative Negligence?

Massachusetts follows a modified comparative negligence system, codified in Massachusetts General Laws Chapter 231, Section 85. This system ensures that fault is divided among all parties involved in an accident. You may recover damages even if you are partially at fault, but only if your level of responsibility does not exceed 50%.

For example, if the court finds you 30% responsible for a crash and your total damages amount to $100,000, you would recover 70%—or $70,000. If your fault reaches 51%, however, you lose the ability to collect compensation under state law.

This system encourages fairness but also requires accident victims to minimize their share of fault. Demonstrating that other parties bear greater responsibility is critical for maximizing compensation.

How Comparative Negligence Applies to Multi-Vehicle Accidents

Multi-vehicle accidents, like the recent crash on Interstate 93, often involve multiple drivers who may share blame. For instance, one driver may have been speeding, another may have been distracted, and a third could have failed to maintain a safe following distance. Comparative negligence laws are designed to allocate fault among all involved parties based on their contributions to the crash.

In these cases, evidence is key. Police reports, eyewitness accounts, and surveillance footage can help determine which drivers acted negligently. For example, skid marks or black box data from vehicles can show how fast a driver travels if speeding is a factor. Similarly, video footage might reveal whether a driver failed to signal or swerved between lanes.

Accident reconstruction experts often play a pivotal role in these investigations. They analyze physical evidence from the scene, such as vehicle damage and debris patterns, to create a clear picture of what happened. Their findings can help establish fault percentages for each driver involved.

Why Legal Representation Is Essential

Determining fault in a multi-vehicle accident is rarely straightforward, especially when multiple insurance companies are involved. Each insurer will aim to minimize its client’s liability, often at the expense of injured victims. Without legal representation, you risk being unfairly assigned a higher percentage of fault, which could drastically reduce or eliminate your compensation.

An experienced attorney will gather evidence, consult experts, and build a strong case to challenge unfair claims about your role in the accident. For example, if a texting driver struck you, your attorney could present phone records as evidence of their negligence. Similarly, if another driver was intoxicated, your lawyer might obtain toxicology reports to prove impairment.

Legal representation also ensures that all avenues for compensation are explored. In Massachusetts, drivers can pursue damages through liability insurance, personal injury protection (PIP) coverage, and, in some cases, uninsured motorist claims. A skilled attorney will navigate these options to secure the maximum recovery for your injuries and losses.

Protecting Your Rights After an Accident

If you’ve been injured in an accident, understanding Massachusetts comparative negligence laws is vital to protecting your rights. Acting quickly to gather evidence, file claims, and consult with legal counsel ensures you have the best chance of recovering fair compensation.

In the wake of a multi-vehicle crash, it’s easy to feel overwhelmed by the legal and financial challenges ahead. By working with an experienced attorney, you gain an advocate who will fight to minimize your fault and hold the responsible parties accountable.

Were You Hurt in a Multi-Vehicle Accident?

If you or someone you care about was recently injured in a Boston car accident, the experienced attorneys at Altman & Altman, LLP, can help you pursue a claim against the at-fault party or parties. At Altman & Altman, our dedicated Boston injury lawyers have decades of experience fighting on behalf of accident victims and know what it takes to maximize your recovery. Call us today at 800.481.6199 or contact us through our secure online form to schedule your free consultation. Let us help you secure the compensation you deserve.

The Alarming Rise in Drunk Driving on New Year’s Eve

Statistically, New Year’s Eve and the early hours of New Year’s Day see a sharp increase in alcohol-related traffic accidents. According to safety organizations, nearly half of all traffic fatalities during this holiday involve alcohol impairment. Factors contributing to this include:

• Celebratory Drinking: Alcohol consumption increases dramatically during New Year’s Eve festivities, with many individuals choosing to drink excessively.
• Late-Night Driving: The celebrations often extend past midnight, leading to a higher concentration of impaired drivers on the road during early morning hours.
• Lack of Safe Transportation: Despite the availability of rideshare services and public transportation, some partygoers still choose to drive under the influence.

These factors create a perfect storm of risk, endangering the lives of not only impaired drivers but also passengers, other motorists, and pedestrians.

The Impact of Drunk Driving Accidents

Drunk driving accidents can cause life-altering injuries and devastating losses, including:

• Severe Injuries: Broken bones, traumatic brain injuries, spinal cord damage, and internal injuries are common in high-speed collisions involving impaired drivers.
• Fatalities: Alcohol-related crashes result in thousands of deaths annually, with New Year’s Eve contributing significantly to this tragic toll.
• Emotional Trauma: Survivors and their families often face long-term emotional scars from the incident.
• Financial Burdens: Medical bills, lost wages, and property damage can impose a heavy financial burden on victims and their families.

Legal Rights for Victims of Drunk Driving Accidents

Victims of drunk driving accidents have legal options to seek justice and compensation. In Massachusetts, you may be entitled to pursue:

Personal Injury Claims

If you’ve been injured by a drunk driver, you can file a personal injury claim to recover damages for medical expenses, lost income, pain and suffering, and more. Evidence such as police reports, witness statements, and toxicology results can strengthen your case.

Wrongful Death Claims

Families who lose loved ones to a drunk driving accident may file a wrongful death claim to seek compensation for funeral expenses, loss of companionship, and other damages.

Dram Shop Claims

Massachusetts dram shop laws allow victims to hold bars, restaurants, or other establishments accountable if they served alcohol to an intoxicated person who later caused an accident. Establishing liability under these laws requires showing that the establishment negligently served alcohol to someone visibly intoxicated.

How to Stay Safe on New Year’s Eve

While you can’t control the actions of others, you can take steps to protect yourself and your loved ones:

• Plan Ahead: Designate a sober driver or arrange for rideshare or public transportation.
• Avoid Driving Late: If possible, stay off the roads during peak celebration hours.
• Stay Alert: Be extra cautious, watching for erratic driving behaviors.

Despite these precautions, accidents can still happen due to the negligence of others. If you’re injured, understanding your rights and acting quickly can make a difference in your recovery.

If You Have Questions About a Recent DUI Accident, Contact Altman & Altman, LLP Today

If you or a loved one has been injured in a New Year’s Eve drunk driving accident, the personal injury attorneys at Altman & Altman, LLP, are here to help. Our team is dedicated to protecting your rights and helping you pursue the compensation you deserve. Call us today at 800.481.6199 or reach out through our secure online contact form to schedule your free consultation. Let us help you start the New Year with the justice and support you need.

A Fatal Drunk Driving Collision in Braintree

According to reports, the crash occurred when a vehicle driven by an allegedly intoxicated driver crossed into oncoming traffic, colliding head-on with another car. The passenger, just 18 years old, was pronounced dead at the scene. The driver of the vehicle and others involved sustained injuries requiring medical attention. Police arrested the driver on charges including operating under the influence (OUI) and motor vehicle homicide.

As authorities investigate the events leading to this collision, questions about liability, insurance coverage, and the rights of the victim’s family come to the forefront. Tragedies like this not only devastate families emotionally but also create significant financial challenges, from medical bills to funeral costs and loss of future income.

Drunk Driving and Liability in Massachusetts

Drunk driving accidents often result in both criminal charges and civil liability. Criminal charges, such as OUI and motor vehicle homicide, are pursued by the state to hold the driver accountable under the law. However, criminal cases do not compensate victims or their families for their losses.

In Massachusetts, victims and their families can file personal injury or wrongful death claims against the at-fault driver. These civil claims seek to recover damages for medical expenses, lost wages, pain and suffering, and other losses. Additionally, Massachusetts law allows claims under dram shop laws if a bar or restaurant negligently served alcohol to the impaired driver who caused the accident.

The Importance of Investigating All Avenues of Compensation

In cases like this, it is crucial to thoroughly investigate all potential sources of compensation. The at-fault driver’s insurance policy may cover some damages, but often, the policy limits are insufficient to fully address the losses suffered by victims and their families. This is where dram shop claims and other legal avenues become vital.

Additionally, families may be entitled to compensation through their own uninsured or underinsured motorist coverage. Understanding the interplay between these various sources of recovery can be complex, underscoring the importance of consulting an experienced personal injury attorney.

Lessons for Families Impacted by Drunk Driving Accidents

This tragic accident is a reminder of how devastating drunk driving can be. For families who lose loved ones or suffer injuries in such accidents, the path forward can feel overwhelming. Legal claims may not ease the emotional pain, but they can provide financial stability and a sense of accountability for the harm caused.

If you or a loved one has been affected by a drunk driving accident, it is essential to act quickly. Evidence such as police reports, witness statements, and surveillance footage can be critical to building a strong case. An attorney can help you navigate the legal process and advocate for the justice and compensation you deserve.

Contact Altman & Altman, LLP Today

If you or someone you love has been injured or killed in a drunk driving accident, the experienced attorneys at Altman & Altman, LLP, are here to help. Our team understands the challenges you face and is committed to fighting for your rights. Call us today at 800.481.6199 or reach out through our secure online contact form to schedule your free consultation. Let us help you seek the justice and compensation you deserve.

According to mass.gov, drunk driving accounted for more than one-third of all motor vehicle deaths in MA in 2021. This is notably higher than the national average. If you or a loved one has been injured by a drunk driver, it’s essential to know how to protect your rights and seek compensation for your injuries. Below, we discuss some of the most important steps to take if you’ve been injured by a drunk driver.

Seek Medical Attention

Understanding Uber’s Insurance Coverage

Uber provides insurance coverage for its drivers, but the amount of coverage depends on the driver’s status at the time of the accident:

Below are a few of Boston’s common driving hazards and how to avoid related injury or property damage. If you’ve been harmed due to another’s negligence, it is in your best interest to seek immediate legal counsel. You may be entitled to compensation for traffic-related injuries in Boston and the surrounding areas.

Pothole Predicaments

One important aspect of recovering from a car accident is dealing with insurance claims. Making mistakes during this process can significantly impact your ability to receive compensation. To ensure a smooth and successful insurance claim, it’s important to avoid certain mistakes during the claims process.

Common Mistakes People Make Following an Auto Accident

According to Reuters, the civil case stems from a 2019 accident in which a Tesla Model 3 — said to be equipped with a “beta” version of the full-self-driving package — suddenly veered off a highway at 65 miles per hour, hit a palm tree, and burst into flames. The crash killed the driver and seriously injured his two passengers, including an 8-year-old boy. The lawsuit blames Tesla’s Autopilot for the collision, and accuses Tesla of knowing the safety systems were defective when the car was sold.

Tesla Autopilot Accidents

Fatal motor vehicle crashes in Massachusetts were responsible for 417 of those deaths. Of the total accident fatalities in the state, around 59% were the occupants of vehicles, 18% were pedestrians, 17% were motorcyclists, and 1% were bicyclists.

While Massachusetts still has one of the lowest rates of fatal crashes per capita in the U.S., some roads in the state are more dangerous than others. In order to identify which highways are the deadliest, Stacker ranked 2020 traffic fatality data compiled by NHTSA. Ties between locations were broken by the total quantity of crashes when possible.

This technology has been available on many automotive models for years, but it hasn’t yet been mandated. If the new regulation is adopted as proposed, it would require almost all US passenger vehicles and light trucks to have AEB systems three years after the publication of a final rule. In addition, NHTSA and the Federal Motor Carrier Safety Administration (FMCSA) announced in June that they plan to require AEB technology on heavy vehicles as well.

What Exactly is AEB Technology?