The Law Offices of Joseph J. Cariglia, P.C.Worcester MA Personal Injury Attorneys | Car Accident Claims2024-03-13T20:46:54Zhttps://www.cariglia.com/feed/atom/WordPressOn Behalf of The Law Offices of Joseph J. Cariglia, P.C.https://www.cariglia.com/?p=520102024-03-13T20:46:54Z2024-03-11T20:16:56ZCommercial liability: dram shop laws
Dram shop laws apply to businesses like bars and restaurants that serve alcohol. These laws prohibit serving alcohol to visibly intoxicated individuals. If a patron leaves the establishment and causes an accident, the business may be liable for damages that the drunk person caused. Massachusetts requires these businesses to carry liquor liability insurance to cover such incidents.
Private host liability: social host laws
Social host laws pertain to individuals who host private parties. While there is no specific statute, Massachusetts courts recognize “social host liability,” meaning a host should not serve alcohol to guests they know (or should know) are intoxicated. If an overserved guest causes a motor vehicle accident, the host could be held responsible for resulting damages.
Drunk driving is a real problem throughout the country. In Massachusetts, to ensure all responsible parties are held accountable for these tragedies, both bars and private party hosts can be held liable for accidents caused by drunk drivers they served.
It is crucial for bar owners and others to understand their responsibilities and the potential legal consequences of overserving alcohol, and if you are involved in a drunk driving car accident, you can hold everyone accountable.]]>On Behalf of The Law Offices of Joseph J. Cariglia, P.C.https://www.cariglia.com/?p=520082024-02-26T22:43:53Z2024-02-26T22:43:53Z94% of accidents are due to an action of the driver, with only a small percentage caused by other issues, such as weather or mechanical problems.
Forms of aggressive driving
The National Highway Traffic Safety Administration There are many ways truck drivers can behave aggressively on the roads. They may tailgate you if they believe you are driving too slowly, change lanes in the middle of heavy traffic or drive too fast for conditions, causing you to adjust your speed to try to avoid them.
Truck drivers are on tight schedules. They have deadlines by which they must reach their destinations and can drive aggressively when they get behind schedule.
Falling behind schedule is sometimes out of their control. They might get stuck in traffic or be delayed by the weather. However, that is not an excuse for them to drive aggressively and put other drivers in danger.
Drowsiness is another common problem truck drivers face. We are all usually irritable and in a worse mood when we are tired. If we drive when we feel this way, we are more likely to drive aggressively.
Reacting to aggressive truck drivers
Do whatever you can to avoid aggressive truck drivers on the roads, even if that means delaying your trip by pulling over somewhere safe until the truck gets far enough ahead. If you obtain enough details about the truck, consider reporting their behavior to the police.
Aggressive driving is negligent driving. If you are injured due to an aggressive truck driver, there are ways to hold them responsible.]]>On Behalf of The Law Offices of Joseph J. Cariglia, P.C.https://www.cariglia.com/?p=520032024-02-09T17:02:50Z2024-02-09T17:02:50ZDefective products
If machinery is defective because of a design flaw, a manufacturing error or inadequate warnings, you could be injured. For example, if a safety mechanism is missing, you could be caught in the machinery or fall. An inadequate warning can leave you unaware of the risks of using a product, which can cause an accident.
Also, if you use a vehicle for work, like a truck or an excavator, a brake failure or a steering defect can be disastrous.
Defective electrical devices can cause fires or electric shocks, as well as faulty wiring. Similarly, if you encounter hazardous materials and the equipment used to handle it is faulty, you could suffer from a chemical burn or long-term respiratory issues.
Finally, if you use products that are recalled, but not removed or replaced at the job site, you could increase your risk of injury.
Common injuries
Workplace accidents can lead to strains and sprains from repetitive motions, overexertion, back injuries, cuts and bruises. You can break or dislocate bones if you fall and in serious situations, may need your limbs amputated if they are caught in machinery.
If you are struck by an object, you can suffer from a traumatic head injury or a concussion. In addition to physical injuries, you may have ongoing psychological injuries like post-traumatic stress disorder.]]>On Behalf of The Law Offices of Joseph J. Cariglia, P.C.https://www.cariglia.com/?p=519932024-01-30T12:22:46Z2024-01-30T12:22:46Zpersonal injury lawsuit could give you the relief that you need. However, to recover the damages that you’ve suffered, you have to not only prove liability, but also show the extent of your damages. This can be tricky to do if your car accident was complicated. That’s why you should consider using expert witnesses in your case.
What kinds of experts can you use in your car accident case?
There are several that you should consider. This includes:
An accident reconstruction expert who can analyze the facts of your case to determine how the accident was caused and who is to blame.
A medical expert who can testify about the nature, extent, and severity of your injuries, as well as the treatment that you’ll need moving forward.
An employment expert who can discuss how your accident injuries will affect your ability to work and advance in your career in both the short and the long-term.
A mental health expert who can paint a picture of the emotional and psychological toll that’s been taken on you.
Identify these experts early on so that you have time to secure them. Only then will you ensure that you have the expert testimony needed to build a robust case.
Don’t leave your car accident personal injury claim to chance
Far too many car accident victims think that they can acquire an appropriate settlement with little preparation. This is a dangerous approach. As you head into your personal injury case, make sure you have all the evidence you can gather at your disposal so that you can make the best legal arguments possible.
]]>On Behalf of The Law Offices of Joseph J. Cariglia, P.C.https://www.cariglia.com/?p=519892024-01-16T19:52:47Z2024-01-19T19:49:42Zaccident caused by a drunk driver can be serious, leaving you starting your new year looking at a long road of recovery ahead of you. The medical bills could already be piling up and you may be forced to take time off work.
You may know that you have a right to compensation through a personal injury action, but it is important to know the law involved to make sure you receive a full and fair amount.
Compensation from insurance companies may not cover all your losses
Drunk driving is negligent driving, which is the legal concept personal injury actions are based on. When a drunk driver injures you in Massachusetts, the driver’s insurance company will usually compensate you for the injuries caused by their drunk driving.
However, this compensation may not be enough to cover all your damages related to the accident. This often happens because the drunk driver does not have enough insurance coverage to fully compensate you.
You should then review your own insurance policy and determine if you have any right to recover under your policy’s uninsured/underinsured coverage. You can also file a personal injury action against the drunk driver or other parties personally.
If they are found liable for negligence, the court can award you a certain amount of compensation for your damages.
Figuring out who is responsible
As you investigate the circumstances of your drunk driving accident, you should examine how the driver became drunk and where they had their last drink.
Maybe the person who served or supplied the alcohol to the drunk driver should have stopped serving them after it was obvious that they were too intoxicated and/or prevented them from getting behind the wheel.
This person might be a bartender or restaurant server, a host of a social gathering or even an employer who hosted a social event, such as a holiday party. A court could find the person had a legal duty to ensure they did not overserve their guests or patrons.
If they failed in this legal duty and this caused the driver to drive drunk and cause your injuries, they are the negligent party.
When building your case for negligence, prepare to defend yourself if the drunk driver asserts you had some responsibility for your injuries.
Comparative negligence could impact your recovery
Massachusetts has a modified comparative negligence law. This means that your compensation is reduced in proportion to the amount of your own negligence. If your negligence is found to be more than the drunk driver’s you will not receive any compensation at all.
For example, if you were speeding at the time of the accident, a court could determine that your speeding contributed to the severity of your injuries and reduce your compensation accordingly. You should be aware of this possible defense the drunk driver may use.
Facing the court system alone after an injury by a drunk driver is usually confusing and intimidating. It is important to have someone on your side to fight for your right to compensation.]]>On Behalf of The Law Offices of Joseph J. Cariglia, P.C.https://www.cariglia.com/?p=519922024-01-18T22:07:02Z2024-01-18T22:07:02ZIn such cases, a third-party claim may be appropriate.
A third-party claim manifests as a personal injury lawsuit directed at a negligent party, excluding the employer or co-worker directly involved in the work-related injury. For instance, if the injury results from a defective product, malfunctioning equipment, the negligence of a driver or the actions of a subcontractor on a construction site, a valid third-party claim may be pursued against those negligent third parties.
Diverging from a workers’ compensation claim, a third-party claim mandates establishing the negligence of the implicated party as the cause of the injury. Furthermore, it extends the scope of compensable damages, encompassing elements like pain and suffering, emotional distress, loss of enjoyment of life and punitive damages. However, it is crucial to note that the pursuit of a third-party claim often involves a lengthier legal process, entailing litigation in a court setting.
The advantages of opting for a third-party claim
Embracing the option of a third-party claim can yield several benefits, offering a more comprehensive recovery from a workplace injury. Unlike workers’ compensation benefits that are restricted by legal limits, a third-party claim empowers individuals to seek full and equitable compensation. This encompasses past and future medical expenses, lost income, diminished earning capacity, pain and suffering and other associated damages.
It also offers accountability. Workers’ compensation operates on a no-fault basis, refraining from assigning blame for workplace injuries. Contrastingly, a third-party claim serves as a platform to hold the negligent party accountable for their actions.
Navigating the challenges of a third-party claim
While pursuing a third-party claim brings notable advantages, it introduces its set of challenges. Upon securing compensation through a third-party claim, workers’ compensation insurers may assert their right to recover benefits paid out. This entails negotiation or potential disputes over the extent of the insurer's claim.
Third-party claims also often involve navigating through multiple parties and insurance entities, each with distinct interests and objectives. For instance, an injury on a construction site might involve interactions with the subcontractor’s employer, insurance company, legal representation and witnesses.
The statute of limitations in Massachusetts establishes a 3-year timeframe for filing personal injury lawsuits from the date of the injury. Failure to meet this deadline jeopardizes the right to legal recourse.]]>On Behalf of The Law Offices of Joseph J. Cariglia, P.C.https://www.cariglia.com/?p=519882024-01-08T07:20:08Z2024-01-04T07:18:55ZLegal visitors may include:
Business invitees: People with an express or implied invite onto the property (e.g., customers at a store).
Social guests: People who are welcome visitors.
Licensees: People who enter the property, with owner’s consent, for their own purposes or as guests.
Trespassers are not counted as legal visitors and therefore, property owners do not owe them the same level of carer as they owe legal visitors.
Recovering compensation after a slip-and-fall
When someone slips and falls on someone’s property, they may have a right to recover compensation from the owner of the property on which the accident occurred. In Massachusetts, you have three years from the date of the injury to file a personal injury or premises liability claim.
To prove that the owner was liable for your injury, you must establish the following:
There was a dangerous condition on the premises that caused your accident (e.g., broken step or icy sidewalk).
The property owner had actual or constructive notice of the dangerous condition.
The property owner failed to take reasonable steps to fix the dangerous condition or warn of the dangerous condition.
You suffered injuries and/or damages as a result of the accident.
How to prove premises liability
Slip-and-fall victims may present accident reports, photos and videos of the scene of the accident, witness testimony, expert testimony, and other evidence to build their case.
Keep in mind that property owners will likely try to defend against the claim by alleging that the victim was liable for his or her own accident. However, slip-and-fall accident victims who are less than 51 percent liable for their accident can still recover damages, reduced based on their percentage of fault.
]]>On Behalf of The Law Offices of Joseph J. Cariglia, P.C.https://www.cariglia.com/?p=519872023-12-28T13:16:18Z2023-12-20T13:15:45Zrecently in a crash in Foxboro involving a box truck and a passenger vehicle. The accident was apparently the result of a rear end collision. The impact caused the truck to rollover onto its side and over a guard rail.
According to the Foxboro Fire Department, the truck was carrying car parts. Drivers of both vehicles were taken to the hospital with injuries.
Reason for the accident remains unknown
It is unclear what caused one vehicle to smash into the other, but many factors could have been involved. Distracted driving, drowsy driving or speeding can all cause a vehicle to rear end another.
These are all forms of negligent driving that we see far too often on the roads. These behaviors can increase over the busy holiday season, as can aggressive or drunk driving.
Negligent drivers that cause serious accidents should be held accountable for their decisions. Accidents with large trucks usually cause major injuries that take a long time to heal.
Car accidents cause more than just physical injuries. Many victims experience mental distress or post-traumatic stress disorder.
Next steps after a car accident
After a car accident such as the one above, you are likely to be in shock and not know what to do next. Treating your injuries should be your priority.
Document everything you can from the accident scene and get the contact information of everyone involved. Obtain their driver’s license and insurance information. Call the police, make a report and keep a copy of the report.
The costs from a car accident can end up being much more than you imagined, between medical costs and time off work. By proving the other driver was negligent, you could receive compensation.
]]>On Behalf of The Law Offices of Joseph J. Cariglia, P.C.https://www.cariglia.com/?p=519862023-12-07T06:59:47Z2023-12-07T06:59:47Zthey can frequently cause serious injuries.
What causes MBTA bus accidents?
MBTA bus accidents can be caused by various factors, the same as any other vehicle accident. This includes driver negligence, like distracted driving, speeding, etc. They can also be caused by mechanical failures, like defective tires, brakes, etc. It can also be caused by road hazards, weather conditions and, of course, the negligence of other drivers.
What are common injuries from MBTA bus accidents?
MBTA bus accidents can result in various types of injuries, the same as any other vehicle accident. These range from the relatively minor to severe and even deadly. These include whiplash, concussions, fractures, traumatic brain injuries, sprains and strains, lacerations and bruises, etc.
Some of these injuries are minor, but others, like traumatic brain injuries can have long-lasting effects that may even be hidden. They may require years-long or life-long treatments for pain and rehabilitation. And, you are entitled to compensation for your pain and suffering, your loss of enjoyment of life, loss of income and reduced quality of life, among your many other potential damages.
What are my legal options?
If you are injured on an MBTA bus, you may have the right to file a personal injury claim against the responsible party. This could be the bus driver, the MBTA, bus manufacturer, bus maintenance company or another driver involved in the bus accident.
Sueing the MBTA and the bus driver
However, filing a claim against the MBTA is not the same as filing a claim against a private entity, like the bus manufacturer, or private person, like another driver. The MBTA is a public agency that enjoys certain immunities and protections under the law.
You must file a notice of claim with the MBTA within 2 years of the date of the accident. You must file a lawsuit within 3 years of the date of the accident. This is shorter than the standard statute of limitations for Massachusetts personal injury cases, which is 4 years. The MBTA’s liability for personal injury claims is also limited to $100,000 per person or $300,000 per incident.
]]>On Behalf of The Law Offices of Joseph J. Cariglia, P.C.https://www.cariglia.com/?p=519852023-12-05T06:49:44Z2023-12-05T06:49:44ZAccording to the National Highway Traffic Safety Administration, there were 209 drunk driving-related deaths between the Christmas and New Year’s periods in 2020.
Additionally, between 2019 and 2021, approximately 26% of drivers who were killed or seriously injured in an accident had drugs in their system. These numbers typically spike during the holiday season.
Some legal prescription drugs cause impairment and even though marijuana use may be legal, it can still cause impairment, which means you should not be driving.
Drunk or high driving
You can do your part to avoid becoming an impaired driver from drugs or alcohol. Always have a plan for how you are going to get home.
The plan should be more than deciding that you will not drink or will only have “one or two.” Sometimes people end up having more drinks than they intended and realize they did not have a backup plan for getting home.
Use a rideshare service or call a friend. If you are the designated driver, do not drink at all. Watch for other drivers who appear to be impaired and avoid them. Consider pulling over to a safe place and calling the police and alerting them to the danger posed by the driver.
Drowsy driving is also a serious problem during the holidays. Many drivers get behind the wheel after a long, exhausting night at a holiday event and daily schedules become much more packed and hectic.
Drowsy driving
It is easy to become a drowsy driver because you may not notice the signs until it is too late. Some common signs of drowsy driving include yawning, nodding off, difficulty focusing, daydreaming or not remembering the last couple of miles you drove.
Drifting out of your lane, tailgating other vehicles or hitting rumble strips on the side of the road are also signs of drowsy driving. If you experience any of these signs, you should pull over to a safe place and have a cup of coffee or take a 20-minute nap. Do not over caffeinate, as that can provide you with short-term energy that leads to more drowsiness.
The impact of an impaired driving crash is huge. You may experience enormous physical, mental and financial losses from property damage, medical expenses and lost wages.
Impaired driving is negligent driving and negligent drivers should be held accountable for their actions that seriously injure other innocent drivers.
Compensation can provide you with the relief you need if you are the victim of an impaired driving accident, allowing you to focus on healing and rebuilding your life. Knowing how to prove negligence is crucial, especially if the impaired driver tries to claim that your actions caused the accident.
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