Author: Rubenstein Law MM

Are you seeking compensation for an injury you sustained from a dog bite? Schedule your free consultation to learn how Rubenstein Law’s Boston Dog Bite Lawyer can help you protect your rights. According to the U.S. Centers for Disease Control, over 4.5 million people experience dog bites every year, with 800,000 requiring medical care. Half of all dog bite injuries happen to children.

A dog bite occurs when a dog closes its mouth on some part of the person’s body and its teeth make contact with the skin. A no-skin contact dog bite of aggression is a Level 1 dog bite. If you get bit by a dog, even if it doesn’t seem that bad, seek medical attention immediately. It is important to go to the emergency room whether the dog’s teeth punctured the skin or not. Seeking medical attention immediately will not only ensure the best outcome for your injury, but it will also document the big bite occurrence in case you need to pursue a dog bite injury claim later.

Dog Bite vs. Dog Attack

A dog bite is a one time occurrence. A dog attack, on the other hand, sometimes involves more than one dog bite, has a greater risk of causing serious injuries, and may also involve scratches and slip and fall injuries from being knocked down by the dog. Sometimes a dog attack can cause severe injury without an actual bite. If you have been viciously attacked by a dog, contact our law firm to see how we can help.

How Common Are Dog Bites?

The Boston Public Health Commission receives over 300 dog bite reports each year. There are thousands of people in Massachusetts who have been bitten by dogs. The victims with severe injuries involving the head/face/neck tend to be young children. Dog bites also carry the risk of rabies so again, even if the injury seems minimal, immediate medical care is required.

What Causes Dog Attacks?

Most people who get bitten by dogs do nothing to provoke the dogs into attacking them. Dogs who bite are usually displaying one or more types of aggressive behavior. The dog’s breeding history and treatment by all of its previous owners are major factors in dogs displaying aggressive behavior toward humans, other dogs, or both. Some dogs have a natural tendency to be aggressive.

Find the Dog Bite Injury Lawyer You Need to Win

Most people are not prepared financially to deal with dog bite injuries and do not know much about dog bite law in Massachusetts. Also, the damages the injuries cause often go beyond the costs of medical treatment alone. Personal injury cases involving severe injuries or wrongful death can be difficult to quantify and obtain compensation for, and this is where a dog bite injury lawyer can step in to help.

If you are looking for a dog bite lawyer near you, our Boston dog bite attorney can help.  At Rubenstein Law, we offer free consultations. Our personal injury firm will review your case and discuss your legal options. Even if you choose not to move forward, you will walk away with a solid evaluation of your case, for free.

Dog Bite Laws Across the Country

Dog bite laws differ depending on the state. Some states have a “one bite rule” which means a dog’s owner is responsible for a dog attack if they knew the dog would act dangerously. The logic of the law is that after one bite, the owner is aware of the dog’s behavior and is therefore strictly liable. Some states have a modified “one bite rule” where the owner is responsible if they knew the dog was vicious and they were careless about it, or if the dog attack was unprovoked.

Massachusetts Dog Bite Laws

Massachusetts dog bite law imposes strict liability on dog owners, meaning they are responsible for damages to people or property. Plaintiffs in dog bite cases do not have to prove fault by negligence to receive compensation. This Massachusetts dog bite law applies even if the dog owner takes reasonable care to restrain the dog and even if the dog had never been aggressive before.

What to Do If Your Dog Bit Someone

Dog owners in Massachusetts are usually the at-fault party for dog bites if there was no provocation or trespassing involved. Dog bite law in Massachusetts states that dog owners must muzzle their dogs in public, and dog owners in Massachusetts that encourage or allow their dogs to attack people or other dogs may be charged with a crime. Massachusetts law states that a dangerous dog is a dog that bites when unprovoked and causes injury or wrongful death.

Will my dog be euthanized for biting someone?

There are extremely rare circumstances in which a dog owner’s local animal control will euthanize the dog. All dogs that bite someone must be quarantined for 10 days to check for rabies. Generally, however, dog owners do not have to worry about their dog being euthanized.

Does homeowners’ insurance cover dog bites in Massachusetts?

Yes, homeowners insurance in Massachusetts offers some sort of coverage for personal liability. It includes dog bites, which are classed as a personal liability loss event as with bodily injury or property damage you cause.

Other states may not cover dog bites in a standard homeowners homeowner’s insurance policy but instead, have it as an opt-in, or deny coverage for certain breeds. Massachusetts does not have any breed-specific legislation. You are not legally required to have insurance coverage for your dog, but it is automatically included if you have personal liability.

What to Do if You Were Bitten by a Dog

If you are injured from a dog bite, go to the emergency room for immediate medical attention. Some dog bite injuries don’t have puncture wounds but can still cause crushing injuries to your ligaments and other soft tissues. You should also contact animal control to report the incident, and contact a Boston dog bite lawyer as soon as possible.

What types of compensation is available to those who get bitten by a dog?

Damages for dog bite injury claims include economic damages such as medical bills and lost wages. They may also include non-economic damages such as pain and suffering, emotional distress, and post traumatic stress disorder.

My neighbor’s dog attacked me and I was asked to sign papers by their insurance company. Should I sign?

No, you should not sign anything from the dog owner’s insurance company. You will not be able to get the dog bite injury settlement you deserve if you sign anything or make any recorded statements over the phone to their insurance company or their lawyer. Instead, contact a Boston dog bite lawyer first to get advice and representation. They can negotiate a better settlement for you.

The owner of the dog who attacked me doesn’t have insurance. Can I still take legal action?

If they are a renter, you may be able to sue the landlord for your dog bite injury claim. If instead they are a homeowner and do not have insurance coverage for dog bites, you can still take legal action, but you may not be able to receive the full and fair compensation you deserve. They could have gotten homeowners insurance before getting the dog and never updated their homeowner’s insurance policy. Someone else might also be a liable party, like if the dog was being walked by someone else or the attack occurred on someone else’s property. The only way to know for sure whether you can collect and who you can hold liable is to get help from a dog bite attorney.

Does the dog have to bite me to file a dog bite claim?

Massachusetts dog bite law allows people to file a dog bite claim even if they experienced a dog attack rather than specifically a dog bite. This dog bite law makes dog owners responsible for all damages, even if no bites were involved.

Do I need an attorney if I am bitten by a dog in Boston?

You might not need a lawyer for a dog bite if the injury is minor. But if you have serious injuries, you will likely benefit greatly from having a Boston dog bite lawyer represent you. This will ensure you recover maximum compensation.

What to Do if Your Dog Bites Another Dog

You must act quickly if your dog bites another dog. Report the dog bite incident to your insurance company and find out if you have coverage for your dog in your homeowner’s insurance policy.

What if my dog was provoked?

You must be able to prove that the other dog provoked your dog. You must also be able to prove you were taking reasonable care to restrain your dog during the incident.

Can a dog bite lawsuit be settled out of court?

Sometimes, a dog bite settlement can be obtained out of court, as long as both parties agree on fair compensation. If the insurance company involved does not offer a settlement that is fair and reasonable, the case will then go to trial.

Protect yourself

No dog owner wants to be in a scenario where their dog bites or attacks anyone. You don’t want anyone to experience the pain, fear, and shock of a dog attack. To protect yourself, make sure to never leave your dog unsupervised, especially around children. It’s also important for your dog to undergo training classes and socialization from a young age to prevent aggressive behaviors such as resource guarding and territory dominance that can result in dog attacks.

What Do Dog Attack Lawyers Do?

Dog bite lawyers represent plaintiffs (the injured persons) in dog bite cases. They are specialized personal injury attorneys that help people who have been injured by a dog to file their dog bite claims. This includes investigating the incident, and negotiating with the dog owner’s insurance company to recover compensation for all damages. A dog bite injury attorney is especially important for injuries with serious trauma, disfigurement, lost wages, costly medical bills, disability, or even wrongful death.

What to Look For in a Top Dog Bites Lawyer

Contingency

Many people injured due to the negligence of someone else’s dog do not have the resources to deal with the lost wages, medical bills, and emotional distress that comes with such an incident. Financial suffering is common when a person gets injured, whether it’s a dog bite, a car accident, or another type of situation.

Our Boston dog bite lawyers take cases based on contingency, meaning that you do not pay them until you recover compensation. We will never ask you to pay out of pocket and you only pay when we win your case.

Experience

Boston dog bite attorneys who have had experience with a variety of cases not only can seek compensation for your lost wages and past medical bills but future medical bills. No two dog bite cases are the same, and an experienced attorney will be skilled at recovering full and fair compensation for your injury claim no matter what your unique circumstances may be.

Reputation

It is important for a leading dog bite injury attorney to be honest, hardworking, and treat clients with compassion and dignity. Choose a lawyer you can trust because they have a proven track record of helping other people in situations similar to yours.

Contact a Boston Dog Bite Lawyer Today

Though our dogs often share our homes with us and are considered by many to be family members, dogs sometimes cause injury to others, just like people do. When this happens, it can be traumatizing and overwhelming. You may not know what to do next. Truthfully, the best thing you can do for yourself is to seek legal representation as soon as possible after your injury.

Have you been injured in a bus accident in the Boston area? You may be entitled to compensation. Contact Rubenstein Law to see how we can help.

Bus accidents can range in severity from minor fender benders between two transit buses to catastrophic multi-vehicle crashes involving injuries or fatalities. These wrecks can involve any type of bus, from school buses and private charter buses to commuter buses. No matter the circumstances surrounding the incident, any person injured in an accident involving a bus should seek legal advice to protect their rights and ensure fair compensation for injuries or damages they suffered.

Are Bus Accidents Common?

Bus accidents may not always make the front page news, but they are a common occurrence. The sheer number of buses on the roadways any given day means that accidents can and do happen, often with devastating consequences for those involved.

According to the Federal Motor Carrier Safety Administration, buses contributed to 5,237 fatal crashes in 2019, a two percent increase from 2018.

Despite progress toward improved safety guidelines, tragedies still occur. In 2019, Massachusetts had 4,489 bus crashes resulting in 279 injuries, according to the Massachusetts Department of Transportation. Several of these were Boston bus accidents.

Different Types of Bus Accidents

Bus accidents can be traumatic and cause severe injury or death. Understanding the different types of bus accidents is crucial for knowing your legal rights and options. A Boston bus accident lawyer can represent those involved in the following types of collisions:

School Bus Accidents

Tens of millions of children ride on school buses every year to get to and from school, and Boston alone has a fleet of 620 traditional school buses that transport around 21,000 students daily. Unfortunately, accidents involving these buses are more common than you might think.

Based on the National Safety Council’s statistics, 54 school bus accident victims died in crashes nationwide in 2020.

Public Transit Bus Accidents

Everyone has experienced the morning rush to work on time or the late-night dash home from a party with friends. Many commuters view public transportation as a convenient alternative to driving cars. This means using the Massachusetts Bay Transportation Authority (MBTA). Despite being heavily regulated by state and federal regulations, public transportation is not immune to accidents.

Each year, the United States experiences almost 60,000 public transit bus accidents. Although most of these accidents only result in property damage, they do cause hundreds of deaths and injuries. In 2018, 8,515 bus accidents led to injuries, and 231 resulted in death.

Private Bus Accidents

Private bus accidents occur when a privately owned and operated bus is involved in a collision. The government has set safety regulations for private bus companies, including regular inspections, driver training, and safety equipment. These vehicles, like other buses, pose a danger to bus passengers, pedestrians, and other motorists.

For example, in November 2022, a shuttle bus crashed in a Boston suburb, resulting in one death and over two dozen injuries, including the driver. The bus was part of a regular shuttle loop between Cambridge and Boston. According to a witness, the bus struck multiple trees.

Types of Private Buses

Private bus companies in the U.S. transport more than 600 million passengers annually, and they are growing in popularity as a long-distance travel mode. Many private bus companies offer free Wi-Fi, reclining seats, and on-board restrooms, making them an attractive option for many travelers.

Common types of private buses include:

• Charter buses
• Tour buses
• Shuttle buses
• Sleeper buses
• Party buses
• Luxury buses
• Executive buses

Common Bus Accident Injuries

Boston is no stranger to the unfortunate reality of bus accidents. While most bus accident injuries are minor, some can be serious and may even lead to permanent disability or death. Here’s a brief summary of typical bus accident injuries:

Head Injuries: Head trauma caused by bus accidents can range from mild concussions to traumatic brain injuries (TBIs). Symptoms may include headaches, dizziness, nausea, confusion, memory loss, vision problems, and ear ringing. TBIs can cause long-term physical, cognitive, and emotional difficulties lasting months or years after the initial injury.

Spinal Cord Injuries: Spinal cord injuries happen when there is damage to the nerves in the spinal column. Depending on which part of the spine that’s injured, symptoms may include paralysis or loss of sensation in parts of the body below the injury site and pain or burning sensations. These types of catastrophic injuries often require extensive rehabilitation and medical treatment and can result in long-term disability or paralysis.

Internal Injuries: Internal organ damage is another frequent injury from a bus accident due to blunt force trauma. Common internal injuries include broken ribs, lacerated organs such as the spleen or liver, internal bleeding, and punctured lungs. These injuries can be challenging to detect since they do not always have visible signs or symptoms until later.

Fractures: Broken bones are also common after a bus accident due to the amount of force involved. Fractures may occur anywhere on the body, including arms, legs, wrists, ankles, and ribs, depending on where you were sitting at the time of impact. Treatment for fractures includes immobilization with a splint or cast and physical therapy to help restore mobility after healing.

Causes of Bus Accidents

Boston bus accidents can arise for many reasons. The liable party can range from the bus operator to a fellow motorist. However, there are about 9 common reasons that bus accidents occur. Common causes of bus accidents include:

• Driver negligence
• Distracted driving
• Driver fatigue
• Poor weather conditions
• Mechanical failure
• Unsafe turns and lane changes
• Improper maintenance
• Impaired driving (alcohol or drug use)
• Speeding

Speeding, in fact, caused one of the most horrific public transit accidents in U.S. history. In 1972, a speeding chartered bus owned by New Orleans’ transit system crashed from an elevated expressway, resulting in the deaths of 29 individuals and injuries to many more. The bus driver was charged with negligent homicide but later cleared of the charges. This catastrophic event highlighted the significance of implementing and enforcing safety measures in public transportation systems.

Need a Bus Accident Injury Lawyer?

Boston residents can trust Rubenstein Law for reliable legal help after a bus accident. Our Boston bus accident lawyers specialize in protecting clients from the financial woes of being injured in a wreck. Without proper legal representation, you could end up facing financial ruin from medical bills, lost wages, and other expenses that pile up when you get injured through no fault of your own.

We have over 30 years of experience handling personal injury cases and have delivered successful results, collecting billions of dollars in settlements and verdicts on behalf of our clients. Most importantly, we offer a free consultation, and you don’t pay us anything unless we win.

How a Boston Bus Accident Lawyer Can Help You Win Your Case

You will likely suffer from serious injuries, emotional trauma, and financial stress after being involved in a bus accident. An experienced bus accident injury lawyer can protect your rights and help you get the necessary compensation it will take to keep you from getting set back financially due to the accident.

There are many ways a skilled Boston bus accident lawyer can be your guide through the aftermath of an accident, such as:

Navigating the Legal System – Experience is crucial when dealing with legal matters, particularly complicated bus accident claims. For instance, the Federal Motor Carrier Safety Administration (FMCSA) regulates commercial buses that travel across state lines. A Boston bus accident lawyer can help you understand the complexities of your case and ensure that all of your rights are protected.

Providing Resources – In addition, an experienced Boston bus accident lawyer will have access to resources that can help strengthen your case and increase your chances of success. These resources include:

• Legal research databases
• Accident reconstruction specialists
• Medical professionals to provide supportive testimony
• Private investigators
• Courtroom experience

Getting Fair Compensation – A skilled Boston bus accident attorney can handle settlement negotiations with insurance companies for fair and full compensatory damages for your injuries and losses. Insurance companies often try to exploit unsuspecting individuals who don’t understand their rights or how much they should receive after being injured in a bus accident. Being represented by our Boston bus accident attorney can help ensure the insurance company pays a fair settlement and if they don’t we are prepared to take the case to trial.

Who Is at Fault in a Bus Accident?

During a busy morning commute, a shuttle bus carrying numerous passengers attempting to arrive at work on time swerved to avoid a pothole and crashed into a parked car.

The collision caused passengers to be thrown about, resulting in several injuries and one individual’s death. The question arises as to who bears responsibility for the accident: the bus operator for swerving, the city for not repairing the pothole, or the bus company who hired the driver?

Determining fault may be more complex than it appears. Let’s examine each party who could possibly be held liable for the incident.

The Bus Driver – The bus operator is usually the first person who comes to mind when you think about who might be at fault in a bus accident. And in many bus accident cases, the driver may be held liable. For example, if the driver was speeding or if they were under the influence of drugs or alcohol, then they would likely be found at fault.

The City – In the scenario above, a pothole caused the bus driver to swerve and crash. So, is the city at fault for not repairing the pothole sooner? It’s possible. Suppose there’s evidence proving the city knew about the pothole and did nothing to fix it within a reasonable amount of time. In that case, the city could be held liable for any accidents or injuries that resulted from it.

The Bus Company – The bus company could also be held liable for this accident. For example, if evidence shows they did not properly maintain the bus or hired an unqualified driver, they could be found at fault. Likewise, if the company fails to provide proper safety training to its drivers, it could also be held responsible for any accidents or injuries.

Multiple parties could be liable for a bus accident, depending on what happened up to and during the accident. For example, another liable party could be the Massachusetts Bay Transportation Authority or a bus manufacturer. An experienced Boston bus accident lawyer will investigate all aspects of your case to determine all at fault parties to get the maximum compensation you deserve.

Common Bus Crash Damage

The purpose of damages in a civil lawsuit is to compensate the injured party or parties for the losses and harm they have suffered due to the accident. If you’ve suffered serious injuries in a bus collision, a Boston bus accident lawyer could help obtain the following financial damages:

1. Economic Damages: These are the monetary losses you’ve incurred due to the accident. They include medical bills, lost wages, and property damage. If you cannot work or lose wages because of your injuries, you are entitled to compensation. You may also be able to seek adequate compensation to recover future lost wages.
2. Non-Economic Damages: These are the intangible losses you’ve suffered from the accident. They include pain and suffering, emotional distress, and loss of enjoyment of life. Because these damages are more difficult to quantify, they often require testimony from experts such as doctors, psychologists, or life care planners to prove.
3. Punitive Damages: These damages punish the liable party for negligence. Punitive damages can be substantial, but they’re challenging to recover. In Massachusetts, the standard for awarding punitive damages is high, and courts rarely award them to plaintiffs.

An example of punitive damages in a bus accident would be if a bus company knowingly allowed a driver with a history of reckless driving to continue operating a bus, leading to an accident causing serious injury or death.

4. Wrongful Death: This is damage available to the surviving family members of those who have died due to someone else’s negligence. In wrongful death cases, courts can award compensation for the economic and non-economic losses resulting from the death, including medical expenses, funeral expenses, and lost wages.

What to Do After a Bus Accident

Being involved in an accident is a harrowing experience. But the stakes are even higher when that accident involves a large vehicle like a bus. If you’ve been involved in a bus accident in Boston, there are specific steps you need to take to ensure that you protect your legal rights and give yourself the best possible chance of receiving compensation for your injuries.

1. Get Medical Care

After a bus accident, seeking medical attention right away is essential, even if you feel fine. Some injuries, such as internal bleeding or traumatic brain injuries, may not show symptoms immediately. Seeking prompt medical attention allows you to get an expert evaluation of your injuries, start treatment early, and create a record of your injuries for insurance claims or lawsuits.

2. Gather Evidence

If you can, take photos of the scene, vehicle damage and any visible injuries you sustained. You should also get the contact information for witnesses who saw the accident, because these witnesses can provide valuable testimony later if your case goes to trial.

3. Call a Boston Bus Accident Attorney

Set up a free consultation with a personal injury attorney specializing in Boston bus accidents. A seasoned attorney can handle the investigation, evidence gathering, and insurance and settlement negotiations, allowing you to concentrate on your recovery.

What Do Bus Accident Lawyers Do?

Boston bus accident lawyers specialize in evaluating, preparing, and litigating bus accident claims related to injuries sustained on buses or from collisions between buses and other vehicles or pedestrians.

We represent the client’s best interests in any legal dispute arising from a bus accident. Our experienced professionals have an in-depth understanding of the state laws and regulations that govern these situations.

We will explore all avenues for compensating bus accident victims for their injuries. The primary objective of our Boston bus accident attorneys is to protect our client’s rights throughout the legal process and deliver exceptional results by helping them recover the highest possible damages for their injuries.

Questions to Ask a Bus Accident Lawyer

Being in a Boston bus accident can cause serious, long-term physical and emotional pain. If you or someone you care about has been hurt in a bus accident, you may want to know more about your legal options.

Finding an experienced and knowledgeable Boston bus accident attorney who can help you protect yourself, your family’s welfare, and your rights is essential. Here are some of the most critical questions for a Boston bus accident lawyer.

What Are Your Fees?

Asking about fees upfront can help ensure there are no unexpected costs down the line, so inquire about legal fees before signing any contracts with a prospective attorney.

At Rubenstein Law, our Boston bus accident lawyers work on a contingency fee basis, which means the lawyer’s fee is a percentage of the client’s settlement amount. You pay nothing up-front or out-of-pocket and you only pay if and when we win your case.

What Kind of Evidence Will Be Needed To Prove My Case?

Your attorney should be able to provide information regarding what kind of evidence they need to build a strong case on your behalf. This proof could include witness interviews, medical records, police reports, photographs, and other documentation supporting your version of events leading up to the accident.

How Long Will My Case Take?

The duration of bus accident cases depends on factors such as injury severity, medical costs, case complexity, and negotiation tactics. An experienced lawyer can give an estimated timeframe, but unexpected events can prolong the case.

According to a study cited in Forbes, the average time between injury and settlement award takes close to 12 months. However, some bus accident victims received compensation in less than two months.

Get Legal Support for Your Bus Accident Case

You’re injured, and you need a lawyer. But how can you be sure that a lawyer is right for you?

Knowing who you should trust regarding something as important as your personal injury case is hard. You could end up hiring a lawyer who doesn’t have your best interests at heart, which could mean losing the money you deserve.

Rubenstein Law is different. We don’t charge any fees unless we win your case, so you can be sure that we’re fighting for you every step of the way. With over 30 years of experience and billions of dollars in settlements and verdicts, we’re confident we can get you the best results. 

Whether you are a construction worker who was injured doing their job or someone who was injured while simply passing by a construction zone, you can depend on Rubenstein Law to have your back when you need help.

Construction jobs involve working with heavy equipment and machinery as well as other potentially hazardous elements. In this type of setting, danger lurks around every corner. It is crucial that construction companies and all employees follow all safety regulations to avoid potential injuries and death. The danger of working on a construction site is very real. In fact, just in the year 2020 alone, more than 20% of all workplace deaths in the United States occurred in the construction industry.

With more than thirty-five years of experience representing those injured in construction site accidents, you can count on us to manage all aspects of your personal injury claim efficiently and effectively. We know the strategies and laws that will have a bearing on your claim and how to construct the most compelling case possible to receive an equitable settlement. Give us a call today or complete the contact form on our website to schedule your free consultation.

Occupational Hazards Involved in Boston Construction Work

The rate of fatal occupational injuries in Massachusetts in 2016 was 3.3 fatalities for every 100,000 full-time workers. Construction workers maintain the highest incident rate of any industry, due to the fact that several hundred construction workers are injured statewide every year.

Falls pose the greatest danger to construction workers. The Massachusetts Department of Public Health reported that 24% of all fatal job site injuries are caused by falls, trips, or slips. Construction workers are also vulnerable to a disproportionate amount of additional dangers associated with exposure to the elements, dangerous equipment, and hazardous materials.

Both federal and commonwealth regulations designed for the safety of construction workers and others who may be near construction zones have been enacted. According to these regulations, contractors and subcontractors are required to do the following:

• Conform to all regulations set forth by the Occupational Safety and Health Administration
• Maintain a work environment that is reasonably safe
• Provide proper and sufficient training to employees
• Supply all necessary safety supplies and safety gear, and ensure workers are familiar with all safety regulations
• Ensure that all workers are aware of any potential dangers

When a worker is injured on the job, they are entitled to seek Workers’ Compensation benefits to cover their medical bills, lost wages, and many other expenses as well.

Our Boston construction accident attorneys are not afraid to go up against major insurance companies and fight to secure the financial compensation you deserve in the most efficient way possible. We offer all potential clients a free case evaluation to help them understand their rights and options, and we never collect any money unless we win your case.

Common Causes of Boston Construction Accidents

When you take into account the hazardous conditions that construction workers usually work in, it is not surprising to learn that those involved in accidents often face catastrophic consequences. Boston construction sites typically have a lot of moving parts, both figuratively and literally, that are required to keep things running smoothly. This means that construction site accidents happen many different ways. Here are some of the common ways Boston construction accidents happen: 

Falls

Whether from ladders, rooftops, or scaffolding, when a person is tasked with performing their job at a significant height, their odds of falling and sustaining serious injuries are high enough already. When you factor in unsafe work conditions or procedures, the situation becomes even more dangerous.

Shocks and Electrocutions

Exposed wiring, downed power lines, and incomplete electrical systems are common on a construction site until the job is finished. This puts anyone in the area, especially construction workers, at a much higher risk of being shocked or electrocuted, especially if they aren’t made aware of the location of any potential hazards.

Falling Objects

Whether you are working on a construction site or simply passing by one, scraps and debris such as bits of scaffolding, equipment, or tools could fall from up high and strike whoever is underneath, especially if they were poorly managed or improperly secured.

Trip-and-Falls/Slip-and-Falls

Although this kind of accident might not sound very serious, a person can easily sustain severe or even fatal injuries if they are not properly warned about any potentially dangerous conditions, such as a liquid spill on the floor.

Overwork/Overexertion

Those who work in the construction industry are often at the mercy of prolonged work days and inclement weather conditions. Being overexerted under these circumstances can cause workers to experience dehydration, fainting, and, in severe cases, strokes. 

Explosions and Burns

In addition to electrical shock, exposed wiring can also lead to explosions and fires. A gas leak on the premises can also cause similar catastrophes that could leave workers badly injured and/or burned.

Trapped Between Objects

Due to negligence, a person could get trapped in between chunks of fallen material and a wall, leading to oxygen deprivation and other serious injuries.

Accidents Involving Machinery and Equipment

Construction workers are often required to operate heavy machinery such as bulldozers, cranes, or jackhammers. If an employee has not been trained properly or the machinery or equipment malfunctions, they could be seriously and permanently injured.

Being Struck by a Motor Vehicle

When a portion of a highway or interstate is under construction, workers are extremely vulnerable to being struck by a motor vehicle because of a motorist’s negligent driving behaviors.

Trench or Ground Collapse

If the area in which you are working isn’t stable because of improper construction or inspection, you could sustain injuries if the trench or ground underneath a construction site caves in.

No matter how serious your injuries are, or what kind of construction accident caused them, you are entitled by law to recover compensation for your damages. Our Boston construction accident attorneys can help you bring the responsible party to account.

Common Injuries Caused by Boston Construction Site Accidents

Accidents on construction sites can have multiple causes and produce a multitude of debilitating injuries and devastating illnesses. Some of the most common construction accident injuries are:

Traumatic Amputations

Construction sites are fraught with peril for workers and passersby alike. In many construction accidents, like those concerning heavy machinery, an accident could possibly cut off a person’s limbs or cause such catastrophic damage that the doctors have no choice but to amputate. In accidents involving amputation, the injured worker must cope with not only the loss of one or more extremities but also must deal with the fact that their lives will never be the same.

Exposure to Toxic Substances

While exposure to toxic substances is certainly not one of the more commonly occurring construction accidents, the potential for causing injuries to both construction workers and bystanders is very real. There are a lot of different ways that exposure to toxic substances can occur on a construction site, such as:

• Failing to sequester toxic chemicals
• Chemical fires or explosions
• Failing to supply proper equipment or protective gear
• Chemical spills
• Failing to locate toxic chemicals inside demolished materials

Instances of neglect like these could put someone at risk of being exposed to a toxic substance near or on a construction site.

Head and Traumatic Brain Injuries

An injury to the head or brain is one of the most serious that someone can sustain. This is because a traumatic brain injury can impact a person’s ability to function in everyday life. There are numerous construction site hazards that can lead to serious head and brain injuries, including: 

• Falling objects
• Falls from a height
• Trip-and-fall/Slip-and-fall accidents
• Scaffolding collapse
• Abuse/misuse of tools and equipment
• Negligent site management
• Failing to furnish proper safety gear, such as helmets, goggles, etc.
• Motor vehicle accidents

Any of these scenarios could lead to severe head injuries or possible brain damage for the person or persons involved. Some long-term or permanent consequences of this type of injury are decreased motor skill function, memory loss, and limited communicative abilities.

If you sustained a head or brain injury and you feel like construction site negligence was to blame, reach out to a Boston construction accident lawyer today.

Slip-and-Fall/Trip-and-Fall Accidents

To shield construction workers and pedestrians from serious construction accidents, sites are required to be properly secured by ensuring that sidewalks are kept clear and any dangerous wiring is covered. Regrettably, these and other important safety rules are not always followed, making workers and the public in danger of slip-and-fall or trip-and-fall accidents. As the Boston construction accident attorneys at Rubenstein Law know, these kinds of accidents are capable of leaving innocent people with injuries that have life-altering consequences.

When making sure that a job site is safe, there are some potential dangers that should always be secured, such as:

• Open manhole covers
• Exposed wiring stretched over walkways
• Wet or slippery walking surfaces
• Scaffolding issues
• Obstructions in walkways

Any of these situations can increase the likelihood of a slip-and-fall or trip-and-fall accident happening at a construction site. If you are injured in this or any other kind of construction site accident, our Boston construction accident lawyers are ready to defend your rights.

When a pedestrian or construction worker is harmed by these or other construction site accidents, they usually have a very difficult time moving on with their life due to an extended physical recovery period, mental health challenges, exorbitant medical expenses, and lost wages.

What Should I Do After Being Injured in a Boston Construction Accident?

Working in construction is certainly a dangerous vocation, so workers have certain protections afforded to them if they are injured while they are on the job. Construction site injuries are normally covered by workers’ compensation, but, if their needs are not met, an injured worker might have no choice but to bring a Boston personal injury claim against their employer or other liable parties.

There are some steps that workers can take to ensure that their rights are protected after being injured in a Boston construction site accident: 

Get Prompt Medical Care

Even if you think that you managed to escape your Boston construction accident unharmed, you should be medically evaluated right away. You could have sustained internal injuries that are not immediately obvious and will only worsen as time passes. If you are critically injured, dial 911. If not, you need to go directly to a hospital emergency room for a complete physical evaluation. Be sure to tell the physician attending to you that you are a construction worker who was hurt on the job. This will create an official medical record of any injuries as well as their suspected cause, which will be useful evidence if you later decide to file a personal injury lawsuit.

Report the Incident

After handling any urgent medical issues, you need to inform your employer of your accident and subsequent injuries, no matter how serious or minor they may seem. Reporting your accident guarantees that it will be officially documented. This will prove important later in the event that you need to file a lawsuit. Should your employer participate in any other dangerous workplace practices, the details of your accident will be on record and could be used to stop similar future construction injuries from happening. 

Collect Evidence and Relevant Information

Once you file a claim against the at-fault party, you will have to prove that their negligence was the direct cause of your accident and injuries. This means you need to gather as much evidence as you possibly can following the incident in order to present the strongest claim possible and secure full and fair compensation for your damages. Types of evidence you could gather that will help your case include:

• The contact details of any eyewitnesses so that statements can be taken later
• Pictures of the scene and any contributing factors
• Evidence of any broken or malfunctioning machinery or equipment that contributed to the accident
• Documentation of how the accident happened and what injuries it caused
• Any written communication between you and anyone from your company

This information is vital for our full investigation into your Boston construction site accident. It can also be used to claim full compensation by proving how your accident occurred and how serious your injuries are.

Boston Construction Workers’ Rights

Even though construction sites are potentially hazardous places, a construction worker is just as entitled to a reasonably safe work area as someone who works in a store or office. Their employer is required, to the best of their ability, to prevent workplace accidents by following safety protocols using equipment designed to improve workplace safety, including:

• Personal fall protection systems
• Manhole covers
• Secure scaffoldings
• Guardrail systems
• Safety gear
• Harnesses

If your employer fails to maintain reasonably safe working conditions, our Boston construction accident lawyers are prepared to hold them liable for their negligent and dangerous actions.

What Damages am I Eligible for After My Boston Construction Site Accident?

There are a lot of factors that play a role in determining the overall value of complex personal injury cases like construction site accidents. Along with the value of your economic damages, such as medical expenses, the total worth of your claim will hinge heavily on whether or not you receive workers’ comp benefits. Furthermore, a ersonal injury suit is the only way you can recover your non-economic damages, including pain and suffering.

Workers’ comp benefits have a distinctly specified value that is determined by averaging your weekly wages. Our construction accident attorneys can help you accurately calculate your claim’s value to make sure you obtain a reasonable settlement. 

Speak With a Trusted Boston Construction Accident Attorney at Rubenstein Law Today

Facing the aftermath of a Boston construction accident and injury is extremely stressful. You might be worrying about how your injury is going to impact your ability to return to work, and how you are going to pay for expensive but medically necessary treatments. An experienced construction accident attorney from Rubenstein Law can help ensure you get the compensation you need to deal with all of the obstacles that your workplace injury has created in your life.

After being injured after a Boston construction site accident, you should not have to agonize over negotiating with the insurance company over benefits you are entitled to. Our Boston construction accident lawyers will represent you in all communications with relevant parties, including the insurance company for your employer and any other involved party. Our team knows the most effective way to build the most robust possible case, to result in maximum compensation. Our law firm has more than three decades of experience in successfully securing fair settlements and jury awards for our injured clients. You can rely on us to handle your Boston personal injury claim.

Despite the fact that violent crime rates have fallen somewhat in recent years, both in the Commonwealth of Massachusetts and throughout the United States, it is still a serious and ongoing problem.

According to the Federal Bureau of Investigation, 1.2 million violent crimes were reported nationwide in 2013. In the city of Boston, in that same year, more than 5,000 violent crimes took place, the three most common being robbery, rape, and aggravated assault. 

The Boston negligent security attorneys at Rubenstein Law understand that even when victims of violent crimes survive their ordeal, their lives are changed forever. In addition to enduring extensive physical injuries, most victims also bear emotional wounds that never fully heal.

It is absolutely true, of course, that the blame for all violent crimes rests with the assailants. It is equally true that many of these attacks would not have occurred had it not been for the negligent security provided by property managers and property owners.  

If you were the victim of a violent attack that took place due to a lack of proper security, the Boston negligent security lawyers from Rubenstein Law are here to help. Call our Boston-area offices today to schedule your free initial consultation.

Understanding Massachusetts Negligent Security Laws

A subcategory of premises liability law, negligent security laws arise from situations during which one person is injured by another person and aims to hold the possessor or owner of the property on which the injury occurred liable.

Under normal circumstances, no one can be held accountable for the actions of a third party. There are however, in certain areas of law, a few exceptions. The injured party is entitled to pursue litigation against a property possessor or owner because they are required by law to supply appropriate security measures designed to protect certain parties from foreseeable acts of harm by a third party.

Basically, had the property owner or possessor taken reasonable precautions to protect legal visitors against foreseeable dangers, the attack, and subsequent injuries, would never have happened.

In cases involving negligent security, claims for damages might include compensation for:

• Medical bills
• Mental health care
• Lost wages
• Pain and suffering
• Decreased quality of life
• Loss of fellowship

A negligent security case can be rooted in any form of negligence from inadequately trained security guards to insufficient lighting and broken locks or malfunctioning security systems.

Some examples of locations in which violent crimes commonly occur and negligent security issues arise include:

• Restaurants and bars
• Parking garages and parking lots
• Hospitals
• Hotels
• Dorm rooms and college campuses
• Assisted living residences and nursing homes
• Shopping centers and malls
• Arenas and stadiums
• Government buildings
• Schools
• Apartment complexes
• Parks
• Gated communities

There is no comprehensive list of all practical security measures that each kind of location is required to take in order to keep its visitors safe. This means that liability ultimately hinges on several factors that have to be considered by the court. That is one of the reasons why victims of violent crimes should take advantage of the free consultation offered by our experienced legal team before deciding what to do next.

In criminal courts, perpetrators are sometimes made to pay restitution to their victims. Unfortunately, that does not always happen. It is not uncommon for a defendant to be insolvent and unable to afford a defense attorney, let alone pay restitution of any significant amount. Even when a violent offender is financially capable, the objective of a criminal court is justice, not compensatory payments to the victim. And while certainly a worthy initiative, and one that is often essential for victims seeking some form of closure, it will not help them much with their medical bills or other associated expenses.

Additionally, by confronting the negligence of property owners who fail to provide suitable protection for their lawful visitors, we help to ensure that the same types of oversights do not happen again.

Proving Negligent Security in a Boston Personal Injury Case

It is worth mentioning that property owners are in no way obligated to guarantee that every person who enters their premises will be safe or free from injury. What they are obligated to do is act responsibly when a foreseeable danger is evident.

In determining whether or not a danger was foreseeable, the court will examine the location of the property, what allure it might hold for the criminal element, and if the area has a documented history of criminal activity taking place. For instance, the owner of a club where two shootings have occurred in the last three months will be held to a higher standard with regard to security than a similar club in an area with a low crime rate and no previous history of violent crimes.

Likewise, a bar that serves its patrons alcohol well into the wee hours of the morning is going to be held to more rigorous security criteria than a family restaurant that is closed by 10 p.m.

In order for a Boston negligent security claim to be successful, the plaintiff will have to prove that the property owner was aware or reasonably should have been aware that someone could be criminally victimized on their premises, either due to the nature of their establishment and/or the area’s high crime rate. You will also need to prove that in spite of this knowledge, the property owner failed to take appropriate action to reduce the risk.

In most cases, the attorney for the plaintiff will need to work with a security expert who is able to examine the evidence and testify as to whether or not the property owner failed to satisfy security requirements. The expert witness will also have to review the nature and frequency of any crimes reported in the general area, what, if any, security initiatives were in place, and whether or not additional measures were reasonably required.

The plaintiff will also need to demonstrate that their presence on the property was lawful. That is to say, they were an invitee, licensee, or tenant, rather than a trespasser.

Those who have been injured in a violent crime in Boston, caused at least partially by negligent security measures, are entitled to seek compensation. Reach out to a Boston negligent security attorney today.

Common Boston Negligent Security Claims

Negligent security claims generally cover assaults, injuries, sexual assaults, murders, or robberies that occurred due to inadequate lighting, forced entry, unsafe stairwells or elevators. These types of cases can also be brought because of insufficient security or surveillance in parking garages, parking lots, banks, hotels, ATM kiosks, college campuses, dorm rooms, amusement parks, shopping malls, stadiums, assisted living residences, nursing homes, or hospitals. A landlord might also be held liable in a negligent security case.

Numerous other types of negligent security cases have been tried in more recent years, including injuries and deaths that have taken place due to terrorist attacks, workplace violence, online activities, identity theft, and failures of Megan’s Law.

Some of the most common Boston negligent security claims include:

Dorm Rooms and University Campuses

Attending university is one of the most exciting and important times in a person’s life. Sadly, universities are also hunting grounds for predatory criminals, and, as a result, hundreds of college students become victims of violence every day in the United States. If you or a family member were attacked or otherwise injured by another person on a university campus, and you feel that better security on the premises could have prevented the attack, a Boston negligent security attorney from Rubenstein Law may be able to help you get the recovery you deserve.

Criminal attacks on university campuses are a much more prominent issue than most people realize. 38,100 crimes were reported on university campuses across the United States in 2017. Sex crimes are a particularly severe problem. A report published by the Department of Justice shows that 25% of all women will endure some type of sexual assault during their late teens, and the American Civil Liberties Union reported that as many as 95% of all sexual assaults go unreported.

The high percentage of dorm room and campus attacks is commonly attributed to a mixture of disproportionate alcohol and drug consumption and a problem among younger people surrounding what constitutes sexual consent. An overwhelming majority of sexual attacks on campus do involve alcohol. Schools need to take appropriate actions to make sure that their students are safe, and if they are negligent in providing sufficient security measures, they should be held liable.

Negligent Hospital Security

It is crucial to public safety that managers and owners of a property have proper security in place and have taken reasonable efforts to ensure that any legal visitors are safe from foreseeable danger. This is especially true when the property in question is a hospital. Hospitals are full of patients who are already injured, sick, or in need of treatment.

When hospital patients or visitors are attacked by someone who clearly should have been denied access to the grounds or detained by security, they are utterly defenseless. The injuries caused by hospital attacks are often quite severe. When a hospital manager or owner fails to provide adequate security and somebody is attacked and injured on the premises, they could be held legally responsible and be made to pay compensation. Hospital security could be deemed inadequate if:

• Elevators, stairwells, hallways, exits, or entrances are dimly-lit or not lit at all
• The hospital failed to implement or observe a security policy
• The hospital neglected to furnish security cameras or other surveillance equipment
• A dangerous person was able to bypass security
• Hiring and training benchmarks for hospital security are insufficient
• Previous violent attacks have occurred or the owner or manager could reasonably have anticipated that an attack would occur and did nothing to deter it

Call the Boston area offices of Rubenstein Law today for a free consultation regarding your potential negligent security claim.

Negligent Mall and Shopping Center Security

Shopping malls attract crowds, and crowds attract opportunistic criminals, assaults, robberies, and injuries. Whether you were injured due to a store’s negligence, or you were assaulted by a violent criminal who managed to use the lack of mall security to their benefit, contact the negligent security lawyers at Rubenstein Law today to get started on a negligent security claim for financial compensation for your damages. 

Malls are usually packed with people who are there to spend money, particularly around the holidays. This is just one of the characteristics that make shopping centers and malls inviting to criminals. Malls also tend to have crowded parking structures, which criminals are often attracted to, as well as multiple entrances and exits offering a quick and easy getaway.

Inadequate Security or Surveillance In Parking Lots and Garages

Expanding on our previous example, parking structures can be extremely dangerous places, especially since they frequently have poor or no lighting, insufficient surveillance, or inadequate security. Injuries that most often take place in parking structures are usually the result of carjackings, robberies, rapes, and assaults. The injuries caused by these events are both physically and emotionally traumatizing. They can even be fatal since weapons are often involved. If you were attacked and injured in a parking lot or other parking structure in Boston and feel that negligent security or surveillance played a role in your injury, or if a loved one died in these types of circumstances, it is in your best interest to speak with an experienced Boston personal injury lawyer from Rubenstein Law as soon as possible.

Since parking structures and similar areas are places where criminals are known to be, it is foreseeable that violent crimes like those noted above will take place. Parking areas are usually wide, open spaces with little to no fencing, making them easily accessible to absolutely anyone. Enclosed parking areas are usually comprised of numerous levels, all of which include stairwells, elevators, ramps, hidden enclosures, dark corners, and large concrete posts, making it difficult for property owners to be fully aware of who might be around them.

However, in spite of these obstacles, operators and owners of garages and lots still have a responsibility to try to prevent injury to lawful visitors on their premises. Surveillance is exceptionally important if these parking areas have previously been the site of criminal activities or if they are situated in an area known for its high crime rate. If you were injured in a parking structure, you might have a valid negligent security claim and be eligible to collect financial compensation.

If you or a member of your family were injured as a result of inadequate security or poor surveillance, we can help. The qualified lawyers at Rubenstein Law are adept at handling negligent security claims. Our attorneys have more than thirty years of experience with these kinds of cases and have delivered significant recoveries for hundreds of clients over the years.

DayCare Center Negligence

Injuries are the leading cause of unexpected deaths among children. So much so, that if you totaled up all the childhood fatalities from the next nine causes combined, injuries would still be the number one cause. There are many ways in which children can be injured, but falls from a height are the most common cause of severe injuries and fatalities. In daycare centers, falls are the leading source of hospitalizations in those between newborns and five years old. Falls have caused more serious injuries than poisonings, lacerations, and burn injuries combined. 

Normally, minor injuries, like bumps, scrapes, and bruises, are a normal and even important part of growing up. Unfortunately, more severe injuries can and do happen. Most daycare center accidents are just that, accidents. However, there are also some that take place due to lack of proper security measures. In that case, you should speak to an attorney to find out your options for pursuing a claim.

Pursuing Compensation Through Negligent Security Claims

A negligent security claim is a form of premises liability claim in which someone who was injured during the commission of a violent crime seeks to hold the property owner accountable for failing to provide adequate security. The amount of financial compensation available in a negligent security claim will vary based on the nature and degree of the injuries that are sustained. The damages incurred are often quite high. 

Some forms of financial compensation that could be available in a negligent security claim are:

• Medical expenses
• Counseling for mental distress
• Lost wages
• Lost or diminished future earnings
• Reduced quality of life
• Lifelong impairment
• Loss of companionship by the spouse of the injured person

A negligent security claim will cover not just the immediate medical expenses, but also any future care, either physical or mental, the injured party may need.

Deadlines for Filing Negligent Security Claims

Massachusetts law gives those injured in a negligent security case three years from the day of the event to file their negligent security claim in court. If your claim has not been filed by the time the deadline expires, your case will be thrown out and you will be barred from collecting any compensation whatsoever. With this in mind, working with our Boston negligent security attorneys as soon as possible after you are injured will protect your right to economic recovery. In some cases, the statute of limitations could be shorter than three years, so it’s best to contact legal representation as soon as possible after the incident.

Call Rubenstein Law About Your Right to Compensation

Being injured in a violent crime is physically painful, emotionally stressful and financially overwhelming. You could be physically unable to return to work or require extensive physical therapy before you can even perform your daily self-care routine. At Rubenstein Law, we can ease your anxiety by helping you pursue full and fair compensation for your damages.

Our Boston negligent security lawyers will investigate the events that led up to your injuries and identify all potentially liable parties. By entrusting your personal injury claim to our firm, you may be able to collect financial compensation for the expenses your injuries caused.

If you or a family member were injured in a personal injury accident in the Boston area, reach out to Rubenstein Law for a free review of your potential personal injury claim.

Most people are pedestrians at some point every day, meaning that just about everyone is at risk of a serious accident that can lead to severe injuries and even fatalities.

In 2018, the National Highway Traffic Safety Administration reported that roughly 6,300 pedestrians died in motor vehicle accidents nationwide. In Boston, in that same year, 680 pedestrians were struck by vehicles resulting in seven deaths.

The human body is simply not designed to withstand the impact of two tons of speeding metal, so fatalities are a common outcome of pedestrian accidents. Those who manage to survive often sustain catastrophic injuries.

Between the medical expenses, lost income, pain and suffering, and months of agonizing physical therapy, the consequences of a Boston pedestrian accident are often devastating. If you were injured in an accident in which you were a pedestrian, you should reach out to a qualified lawyer right away to protect your right to collect full compensation for the damages you have suffered. You should not be held financially accountable for another person’s negligent actions.

If your pedestrian injuries were the result of a poorly maintained sidewalk or roadway, the company or entity that owns the property and is responsible for its upkeep could be liable.

Our personal injury lawyers know how serious pedestrian accidents can be and will not stop advocating for you until you collect the damages you are entitled to.

The Boston pedestrian accident lawyers at Rubenstein Law have experience handling all kinds of pedestrian accident cases. Our lawyers will conduct a detailed investigation into your pedestrian accident, determine all potentially liable parties and ensure they are held responsible.

Pedestrian Accident Statistics in the United States

Most people do not know that the majority of pedestrians who die in motor vehicle accidents are men and that alcohol is a contributing factor to nearly 50% of all fatal pedestrian accidents. 

Here are some more pedestrian accident statistics related to data from 2017 as published by the National Highway Traffic Safety Administration:

• An average of one pedestrian is killed in a car accident every hour and a half.
• Pedestrian fatalities account for 16% of all car accident-related deaths.
• Men make up slightly more than 71% of all pedestrian fatalities.
• About 75% of all fatal pedestrian accidents take place at night.
• 91% of pedestrian deaths involve a single vehicle.
• 80% of fatal pedestrian accidents take place in cities and the remaining 20% take place in rural areas.

If you were recently injured in a pedestrian accident and are considering filing a suit for compensation, contact the Boston pedestrian accident lawyers at Rubenstein Law today. We will provide a free case consultation and help you determine how to move forward.

Where Do Most Boston Pedestrian Accidents Occur?

A pedestrian accident can take place anywhere there are pedestrians. A report published by the National Highway Traffic Safety Administration in 2017 shows that only 25% of pedestrian deaths occurred at intersections.

Some other locations where serious and fatal pedestrian accidents commonly take place are:

• Intersections
• Shoulders/Side of the road
• Bicycle lanes
• Parking lanes
• Sidewalks
• Crossing islands/Medians
• Driveways
• Shared-use trails

Boston Intersections Where Most Pedestrians Accidents Occur

According to Vision Zero Boston, the top five intersections by the number of pedestrian accidents from 2015-2017 are: 

• Beacon Street and Massachusetts Avenue
• Columbus Avenue and Massachusetts Avenue
• Albany Street and Massachusetts Avenue
• Melnea Cass Boulevard and Massachusetts Avenue
• Washington Street and Columbia Road

Common Causes of Boston Pedestrian Accidents

Some of the most common causes of Boston pedestrian accidents include:

• Speeding
• Improper lane use such as a cyclist using a sidewalk and forcing a pedestrian into the street
• Distracted driving, such as sending texts and making phone calls
• Driving while under the influence of drugs or alcohol
• Unmarked crosswalks
• Inclement weather or roadway designs causing limited visibility

It is also possible for a pedestrian to contribute to their own severe injuries by not paying attention to their surroundings due to using their phone or being under the influence of drugs and/or alcohol.

According to Massachusetts law, even if you share in the liability for your pedestrian accident, you could still be eligible to collect financial compensation from the other at-fault party. A Boston pedestrian accident lawyer will review the circumstances surrounding your accident and advise you on the best course of action.

Hit-and-Run Pedestrian Accidents

Research conducted by the AAA Foundation for Traffic Safety indicates that nearly 20% of all pedestrian deaths in the last decade were the result of hit-and-run accidents.

A hit-and-run accident is one where the driver intentionally flees the scene after striking another car, a pedestrian, or a stationary object without providing their contact details and insurance information.

Drivers who flee the scene of an accident often do not have a valid driver’s license and/or any auto insurance. They may also have been drinking or using drugs before the accident occurred. In some cases, the driver simply panicked and fled the scene in an attempt to avoid any penalties for their negligence.

In Massachusetts, the punishment for a hit-and-run accident varies based on the circumstances under which it occurred. For example, fleeing the scene of an accident that caused a fatality is a felony. If convicted, the driver could face incarceration and fines of as much as $5,000.

If the hit-and-run driver is never identified, your injury claim will probably be dealt with under the uninsured motorist portion of your own auto insurance policy.

Other Causes of Boston Pedestrian Accidents

Not every single pedestrian accident is caused by a negligent driver. Boston pedestrian accidents are also the result of:

• Debris on sidewalks or roadways
• Construction zones
• Potholes
• Irregular paving

A property owner or manager could potentially be responsible for your accident and injuries. Property owners have a duty to maintain their premises in a reasonably safe condition and warn guests of any potential dangers. If unsafe property conditions caused your pedestrian accident, you may be eligible to file a suit against the business owner, government agency, or another party responsible for your non-vehicular pedestrian accident.

Our Boston pedestrian accident attorneys will review the events leading up to your accident and accurately pinpoint all potentially accountable parties.

Claims against state or local governments are often very complex and are governed by a separate set of rules. A Boston pedestrian accident lawyer will walk you through every phase of your claim against a government entity and ensure all paperwork is submitted on time and with the proper court. Failing to do so could cost you your right to any compensation.

Common Boston Pedestrian Accident Injuries 

Pedestrian accidents often result in debilitating injuries. Pedestrians do not have the same protections as those in a vehicle during an accident. It is no great surprise to learn that the injuries sustained by pedestrians are usually much more serious or even fatal. Some common injuries caused by pedestrian accidents include:

Spinal Cord Injuries

Injuries to the spinal cord occur when the spinal cord or the nerves at the end of a nerve canal are damaged. These injuries can lead to paraplegia, quadriplegia, loss of sensation or feeling below the point of injury, loss of bladder control, exaggerated spasms or reflexes, as well as multiple other conditions. Injuries to the spinal cord have the potential to be life-threatening. Pedestrian accident victims who sustain spinal cord injuries should speak with one of our Boston pedestrian accident attorneys about seeking damages to cover their medical treatment and other associated damages.

Traumatic Brain Injuries

Brain injuries often occur in pedestrian accidents, but they aren’t always immediately obvious directly after the accident. Anyone injured while on foot should always keep an eye out for any symptoms that could appear later and possibly indicate a traumatic brain injury, such as:

• Severe, recurring headaches
• Undue drowsiness or fatigue
• Sudden difficulty speaking
• Vomiting and nausea
• Trouble with balance/Dizziness
• Sensitivity to sound or light

A traumatic brain injury normally causes a wide range of problems in the short and long term. The medical bills generated by the treatment costs alone can be staggering. Our Boston pedestrian accident lawyers can help you recover full financial compensation for those injured in pedestrian accidents who sustain traumatic brain injuries.

Soft Tissue Injuries

Soft tissue damage is another common outcome of pedestrian accidents. Soft tissue damage is any injury that involves the tendons, ligaments, and muscles due to strains, sprains, and other trauma. Soft tissue damage is notoriously difficult to prove, so having a skilled Boston pedestrian accident attorney on your side is imperative.

Fractured and Broken Bones

Another type of injury that is often seen in pedestrian-involved accidents are fractured and broken bones. Common locations for these injuries include wrists, arms, shoulders, legs, hips, collar bones, backs, and ribs. Some bone breaks are more severe than others, but all of them are painful and most will require costly medical treatment. Some may require surgery or even multiple surgeries. Those injured in pedestrian accidents are entitled to recover their damages after a fractured or broken bone injury caused by negligence.

Emotional Trauma

Emotional trauma is not always as obvious as a physical injury, but it can be equally devastating. In some cases, there may be financial compensation for the ongoing emotional distress, such as post-traumatic stress disorder, that is sustained in a pedestrian accident.

Wrongful Death

Unfortunately, sometimes pedestrian accidents cause fatalities. If the accident happened due to someone’s negligence, certain family members of the person who passed away may be able to recover damages via a wrongful death claim. Losing someone you love in a preventable accident is a traumatizing and overwhelming experience. Our Boston personal injury lawyers are prepared to fight for the recovery that families deserve.

How to Avoid a Pedestrian Accident

While no one can control the actions of another person, there are certain steps that pedestrians can take in order to reduce their odds of being involved in an accident, such as: 

• Paying attention to your surroundings
• Avoid talking on the phone or wearing earbuds
• If they are available, use crosswalks and sidewalks
• Never jaywalk
• If you are walking after dark, always carry a torch or wear bright-colored or reflective clothes

What Should I Do After Being Struck by a Car in Boston?

The minutes directly following a pedestrian accident are very stressful for everyone involved, especially those who get injured. It can be challenging to figure out what you should do in the heat of the moment. It is important to understand that the actions you take after an accident have the ability to be either a boon or a benefit to any future claim. After being struck by a negligent driver, Boston pedestrians should do the following: 

Notify Local Law Enforcement

You will need the full extent of your injuries medically evaluated after a pedestrian accident. If immediate medical care is needed, the 911 operator will dispatch emergency medics to the scene. A police officer will also respond in order to conduct an initial investigation and draft an official accident report. These formal crash reports can serve as extremely advantageous pieces of evidence during a pedestrian accident lawsuit.

Trade Information With the Driver

If possible, pedestrians involved in accidents need to trade important information with the driver involved in the accident. This includes contact details such as their name, address, phone number, and email address. This basic information will help your attorney build your pedestrian accident claim.

You should also make a note of the license plate number and insurance information of the striking driver. These details will be vital when determining who is liable and what damages you are entitled to in a pedestrian accident lawsuit.

Thoroughly Document the Scene

Taking pictures and videos of the scene of your pedestrian accident will be advantageous when it comes to proving contributing factors such as traffic and weather conditions in a forthcoming lawsuit. In addition to this, you should try to document the contact details of any bystanders who may have witnessed your accident. Eyewitness testimony can be an invaluable tool in establishing fault in a Boston personal injury suit. It is also to your benefit to jot down what happened in your own words while your memory of the pedestrian accident is still fresh in your mind.

Work with Insurance Carriers

Insurance carriers may use their own investigators, physicians, and attorneys in an effort to downplay the severity of a victim’s injuries and decrease or devalue their claim. Our Boston pedestrian accident lawyers can mitigate your worries by taking responsibility for your personal injury case and battling the insurance company on your behalf. Our legal team will help you avoid the insurance company trying to give you a low, unfair offer.

 If you were hit by an uninsured driver and you have auto insurance with uninsured motorist coverage, then your insurance company might cover your injuries. Our Boston pedestrian accident lawyers can advise you on what forms of financial compensation could be available if you were involved in a hit-and-run accident or hit by a driver with no insurance.

Seek Medical Attention

After a pedestrian accident, you should always accept medical attention, even if you think you are uninjured. Many people injured in accidents do not realize the magnitude of their injuries until several days or even a few weeks after their accident. Prompt and accurate medical treatment is important for physical and financial recovery.

Say Nothing

Abstain from saying anything to anyone at the accident scene or to any representative from the insurance company who tries to contact you regarding the accident. Do not sign any paperwork, especially settlement papers, given to you by the insurance company until a skilled pedestrian accident lawyer reviews them. Insurance adjusters are looking out for the best interests of their mega-wealthy employers. 

A qualified pedestrian accident lawyer will have first-rate negotiation and litigation skills to ensure that any insurance settlement offered to you compensates you for your damages.

Establishing Liability for a Pedestrian Accident

Anyone wanting to collect financial compensation for their damages after a pedestrian accident will have to prove negligence or dereliction on the part of the striking driver. Where a pedestrian accident is concerned, proof of negligence can take many forms. Some of the most common examples of driver negligence include: 

• Violating driving laws, including running stop sign and stop lights, speeding, failing to yield the right-of-way, or driving in another reckless manner
• Driving while under the influence of drugs or alcohol
• Driving while distracted, such as using their phone to make calls and send texts, programming GPS, and engaging in personal grooming

In addition to this, Massachusetts law says that you have to be able to show that you sustained serious injuries due to the accident and that they cost more than $2,000 in out-of-pocket medical expenses. If you can supply proof that shows liability for your pedestrian accident, you might be eligible to claim compensation for your injuries and other damages, including medical expenses, pain, suffering, lost wages, emotional trauma, permanent disfigurement or impairment, and a lot more.

The extent of any available financial compensation will be related to the loss of daily function you experience due to the accident. A reputable Boston pedestrian accident lawyer from Rubenstein Law can help you prove liability after an accident.

Comparative Negligence and Your Boston Pedestrian Injury Claim

A pedestrian accident claim can be challenging, especially if the insurance provider is attempting to blame the pedestrian for the accident and subsequent injuries. Even if the pedestrian was inside a marked crosswalk with the right of way when the accident occurred, rest assured the insurance company will still try to paint a picture of them as a reckless person who paid no attention to the law or their surroundings.

According to Massachusetts law, even if you were, in some way, careless or negligent, such as crossing a street against the light or outside of a crosswalk, you might still be entitled to recover compensation from the negligent party. If the other person involved in the pedestrian accident was assigned more than 50% of the liability, then the injured party is still entitled to bring a personal injury claim against them. Because the insurance company is almost certainly going to debate liability rather aggressively, it is a good idea to seek the advice of a Boston pedestrian accident lawyer from Rubenstein Law as soon as possible after your accident occurs.

Keep in mind that if you are assigned any degree of liability for the accident, you will receive a reduced amount of compensation. Specifically, your compensation will be lessened by the percentage of fault you were assigned. For example, if you are found 30% liable for your accident, then the maximum amount of financial compensation you would be able to collect would be 70% of your total damages, rather than the full amount.

How Long Do I Have to File My Boston Pedestrian Injury Case?

In Massachusetts, plaintiffs are allotted three years from the accident to file a personal injury claim. Putting off filing your claim, no matter what the reason, could result in the forfeiture of your right to pursue damages. Additionally, the longer you wait, the more evidence will be lost to time.

If you were recently injured in a Boston pedestrian accident, we urge you to reach out to a Boston pedestrian accident attorney as soon as possible so we can begin collecting and indexing evidence that is relevant to your case.

Call the Rubenstein Law Personal Injury Lawyers Today

Pedestrian accidents often lead to catastrophic results that can forever change the lives of those injured. When a driver’s negligence causes a pedestrian accident, the injured party has multiple avenues of legal recourse, including a personal injury claim. In these types of cases, the guidance of an experienced Boston pedestrian accident lawyer will be indispensable to secure the financial compensation you need and deserve.

Everyone has heard of the classic case in which someone falls due to a slippery floor in a store, and then files a lawsuit against that store to collect compensation for the damage. These cases happen in Boston and across the United States.

While this is just one example, this is called a premises liability case, meaning the person who owned the property owed a duty of care to visitors on the property to maintain a safe environment. In the event that someone gets injured due to lack of property maintenance or some other form of negligence, that person has the right to file a lawsuit to recoup their expenses.

Premises liability laws exist to hold property owners or managers responsible when negligence has caused an accident. Anybody who is in charge of a property, whether they manage it or own it, is required to ensure that it is safe for use by others.

The laws surrounding a premises liability case change based on who the injured party (plaintiff) is, and the nature of their relationship with the defendant. A  property owner’s duty of care is not the same for an unknown visitor or trespasser as it is for a guest who was invited. It is also possible for the injured person’s own negligence to mitigate their damages and decrease the amount of compensation they can recover. It is also essential to keep in mind that not all accidents are grounds for a premises liability claim. Sometimes an accident is just an accident. If you were injured on someone else’s property, we can help you figure out if you have a claim.

If you were hurt in an accident that took place on another person’s property, whether it was at a supermarket or a friend’s house, you might be entitled to recover compensation for your injuries and other damages. Property owners and managers are obligated to ensure that their properties are safe for visitors. When they fail to see this responsibility through, people often get hurt. Call the Boston premises liability lawyers at Rubenstein Law to schedule a free review of your potential premises liability case.

What Is Premises Liability?

Property possessors and owners are required by law to routinely inspect their property for dangers that could cause injuries to visitors, fix known dangers in a timely fashion, and place conspicuous warning signs around the area in question to inform visitors of dangers that are known but have not yet been addressed.

Not every injury you sustain that was caused by a property hazard is the fault of the property owner. In order to establish a premises liability complaint, you have to be able to prove that you entered the property in question either to do business or as a social guest who was expressly invited.

To be clear, property owners generally do not owe a duty of care to trespassers. The sole exception to this rule is child trespassers who wander onto the premises to explore a property feature such as an old, deserted appliance, an unprotected swimming pool, or another attractive nuisance that could be dangerous.

Also, if the property owner was unaware and had no conceivable reason to be aware that danger was present, they would most likely not face liability for failing to alleviate it.

Types of Visitors in a Boston Premises Liability Claim

Premises liability issues emerge anytime a property owner fails to satisfy their lawful duty of care to maintain their property in a reasonably safe condition for guests and visitors. A landowner’s duty of care changes based on who the injured person is in relation to the property. Not every visitor is owed the same standard of care. The nature of a property owner’s relationship with the victim will determine how your premises liability case moves forward. Call our Boston premises liability lawyers to schedule your free case evaluation today.

Invitees

An invitee is someone who was invited onto a property, such as a retail store, to purchase services or goods. Invitees include patrons and customers of businesses but can also include a client meeting a service professional during a scheduled appointment. For instance, a common example of an invitee is someone entering a supermarket to do their grocery shopping. Invitees can also, however, include a patient entering a physician’s office for a routine checkup or a client walking into an estate agent’s office to inquire about purchasing a home. 

Invitees are owed a very high level of care due to the fact that they were invited onto the property and they have a contractual relationship with the owner. Invitees are usually involved in conducting some form of business. Property owners have a responsibility to make their premises safe for invitees, including addressing any known dangers and conducting routine inspections to keep on top of any new ones.

The property owner could be held liable for an unknown danger if it was something that you would reasonably expect to be examined and repaired by the property owner. For instance, if, unbeknownst to the store manager or owner, a pipe starts to leak and causes a large puddle to form in the middle of the supermarket, they will most likely still be liable if a customer slips and falls, because spills are hazards they should reasonably be vigilant about.

Licensees

A licensee is comparable to an invitee in the sense that they are both invited onto the property. Unlike an invitee, however, a licensee has no contractual or business relationship with the property owner. Licensees include those welcomed onto the property as social guests, such as family and friends coming over for a party. Licensees may also include individuals who are not invited but are still permitted on the premises, such as a pizza delivery guy bringing you the food you ordered or the Amazon delivery guy delivering your package.

Legally, invitees and licensees are different classifications of visitors, but no distinction is made between the two in Massachusetts law. The property owner owes the same duty of care to a licensee as an invitee. Both classes of visitors are regarded as lawful entrants, and property owners or managers are obligated to remedy any known risks and regularly inspect for unknown dangers.

Tenants

Tenants are a category unto themselves because they are not merely visitors to a property. Rather, tenants occupy the property and reside there full-time. This puts them in the unique position of potentially being either a plaintiff or a defendant.

If a landlord has failed to ensure that a property is safe for their tenant, the tenant could have grounds to file a premises liability lawsuit. Tenants are in a more tenuous situation because if something does go awry, they are unable to just leave the property because it is their home.

As mentioned above, landlords have a duty to make sure the property is reasonably safe and to repair or otherwise mitigate any known and unknown dangers. A landlord, however, has a greater duty of care to check for serious or potentially long-term dangers. A landlord is expected to inspect, for example, the plumbing and wiring because they impact the habitability of the property.

Where premises liability cases are concerned, a tenant can also become a defendant if a person they invited onto the property, such as a social guest, sustains an injury because the tenant failed to maintain the premises. Although landlords are accountable for problems such as major repairs, the tenant is most likely accountable for daily upkeep. If a social guest is injured in a slip and fall accident because a tenant failed to mop up a spill on their kitchen floor, they could be held liable.

Trespassers

Trespassers are distinct from the three potential plaintiffs already mentioned. This is due to the fact that they are unknown to the property owner. Trespassers are unlawful entrants and are generally not owed a duty of care because the property owner has no way of knowing they are there and did not invite them.

For instance, if someone you have never met enters your back garden without permission and gets injured, they would not be eligible to claim any damages because you did not owe them any degree of care. In that same vein, a licensee or invitee can become a trespasser very quickly if they enter a location that is off-limits. For example, when a customer goes to a supermarket, they are usually restricted to the front of the shop where merchandise is sold. The back part of the shop, where deliveries are received and backstock is stored, is normally prohibited to shoppers. If a shopper enters the back room without permission and they sustain an injury, they could be viewed as a trespasser.

Common Types of Boston Premises Liability Accidents

There are a lot of potential property and safety hazards in Boston that can cause injuries to visitors. Boston premises liability accidents commonly involve slip and fall accidents resulting from wet or icy staircases or sidewalks because of the city’s numerous multi-story buildings and notoriously bad winter weather.

Some of the most common kinds of Boston premises liability cases include the following types of accidents:

Trip and Fall/Slip and Fall Accidents

Trip and fall or slip and fall accidents are the number one most common type of premises liability accident. These accidents happen when a dangerous condition causes a person to trip or slip and fall while on someone else’s property.

Trip or slip-and-fall accidents are responsible for roughly one million emergency room visits every year nationwide. They are also a leading cause of injury, disability, and death, especially for senior citizens.

Some frequent property hazards that lead to this kind of accident are:

• Icy or wet sidewalks – Boston experiences almost five feet of snow every winter, which means property owners must be diligent in shoveling and salting their sidewalks to keep visitors safe
• Damaged or loose flooring
• Debris or clutter lying on the floor
• Inadequately lit hallways and stairwells
• Improperly built or damaged stairways, or broken or missing handrails
• Cabinet doors, extension cords, and other objects stretching into a walkway
• Potholes in the parking area or cracked or uneven pavement on the property

If you were recently injured on someone else’s property, contact the Boston premises liability attorneys at Rubenstein Law to schedule your free consultation as soon as possible.

Dog Attacks

All pet owners are liable for the damages their pet causes when they bite someone. As with the majority of Boston premises liability claims, the pet owner’s renter’s or homeowner’s insurance policy normally covers this kind of claim.

Massachusetts law says that dog owners are strictly liable. In other words, the plaintiff is not required to first prove liability by showing that the dog’s owner was negligent. The owner is still liable even if they had absolutely no reason to suspect that their dog was predisposed to antagonistic behaviors.

Negligent Security

Another serious hazard for which the property owner or possessor could potentially face liability is negligent security in areas with known criminal activity. State law requires those who own property to discourage criminal activity and ensure the safety of their guests by:

• Having security patrol or security guards on the premises
• Equipping hotel rooms, rental homes, and apartments with windows and doors that properly close and lock and functioning alarm systems
• Installing motion detectors and lighting to impede criminal activity
• Developing proper procedures and policies designed to prevent harm to attendees at places such as public swimming pools and youth summer camps

Escalator/Elevator Accidents

The city of Boston has a lot of high-rise buildings. Almost all of which are equipped with escalators or elevators for the convenience of their occupants. While these machines are certainly a nice amenity, failing to perform routine inspections and maintenance (and attend to any potential dangers) could result in serious injuries to those who use them. 

Escalator and elevator accidents commonly take place under the following conditions:

• A malfunction in the elevator causes it to speed up or down or to come to a sudden stop
• A malfunction in the elevator door causes it to shut on a visitor’s body
• A power failure causes the elevator to stop functioning and results in visitors being trapped inside
• A malfunction in the escalator causes it to suddenly reverse directions which makes riders fall
• An elevator panel gives out causing riders to fall over the side
• A missing or broken escalator step causes a rider to trip and fall

If you sustained an injury on an escalator or elevator, the Boston premises liability attorneys at Rubenstein Law will review your case for free and tell you what damages you may be entitled to collect.

Swimming Pool Accidents

Every year on average, more than 3,600 people die in public, hotel, or private residential swimming pools. When thinking about swimming pool accidents, many people imagine an accident involving a young child who wandered into a swimming pool and drowned. Unfortunately, this is a real scenario that does happen. However, swimming pool accidents also happen across several different age groups, causing injury and even death.

A near-drowning can lead to anoxic brain injuries. An anoxic brain injury is a serious condition that is caused by the brain being deprived of oxygen. It usually leads to permanent and extreme deficiencies, if not death.

There are multiple ways in which a person could be injured in a pool, including:

• Circulation injuries occur when a swimmer becomes trapped by drain suction. These accidents can result in disembowelment.
• Slip and fall injuries can occur due to the wet surfaces surrounding the swimming pool.
• Diving board-related accidents
• Serious shocks or electrocution caused by the swimming pool’s lighting or some other electrical component.

Overall with regard to all types of premises liability cases, the duty of care a defendant is expected to show will differ based on what kind of property the accident took place on and what type of hazards exist.

Someone who owns an eat-in restaurant will be expected to manage and maintain their property differently than someone who owns a large forested area. Despite their differences, their responsibility for care remains the same. Property owners must make sure that their premises are safe for legal entrants. If you were injured on another person’s property and want to know if you have a valid premises liability claim, call our Boston premises liability lawyers today.

How a Boston Premises Liability Lawyer Can Help

If a hazardous situation on a commercial, residential, or public property caused your injuries, you are entitled to seek compensation via a personal injury lawsuit.

Although a lot of injured people attempt to file a personal injury suit without the aid of an attorney, as is their right, an experienced personal injury lawyer can help secure a much more favorable outcome. Here are some of the ways we help:

• A free consultation during which you can have all of your legal questions answered and obtain dependable advice regarding the process of seeking full compensation in your premises liability case
• An estimate of the value of your claim based on the total damages you incurred because of your injury, as well as those you will probably have in the future
• A reliable determination of liability and a rundown of all insurance policies that could be potential sources of recovery
• Skillful negotiation tactics with the defendant’s insurance company used to reach a fair settlement offer on your behalf
• The punctual filing of any and all necessary paperwork. In Boston, a personal injury case must be filed within three years from the day the accident happened and in some cases, you may have even less time
• The gathering and preservation of important evidence and eyewitness statements to support your case in court as well as handling all communications with the insurance company
• Representation at trial in lieu of a fair settlement offer
• A contingency payment arrangement, which means you do not pay for any legal services unless and until we win your case

Recoverable Damages in a Boston Premises Liability Claim

After being injured due to the negligence of a property owner, Massachusetts law entitles personal injury claimants to pursue both economic and non-economic damages.

In legal terms, recovering damages means obtaining full compensation as payment for losses. Economic damages compensate victims for quantifiable losses such as their medical expenses and lost wages, whereas non-economic damages indemnify them for their non-quantifiable damages like pain and suffering, loss of companionship, and negative impacts the injury has had on their life.

Some damages that are commonly involved in Boston personal injury cases include:

• Medical expenses
• Lost wages
• Reduced future earning capacity
• Emotional pain and suffering
• Emotional trauma

Determining damages for premises liability claims due to a property owner’s negligence is challenging, so if you were injured on someone else’s property, make sure you speak with a Boston premises liability attorney as soon as possible regarding the overall value of your case.

Common Defenses Used in Boston Premises Liability Claims

There are a few common defenses that are used by insurance companies and defense attorneys in premises liability cases. Your lawyer should be aware of and anticipate these defenses and be prepared to dispute them on your behalf.

Some of the most common defenses used in premises liability cases are:

• The property owner did not know and had no reason to know that the danger existed
• The danger was open and obvious, so it should have been easily noticed by the person who got hurt
• The injured person behaved in such a manner as to cause their own injuries
• The defendant is not in control of the property’s maintenance
• It is impossible for the property owner to have foreseen the conduct of a third party that resulted in a complaint of negligent security

Talk to a Boston Premises Liability Lawyer As Soon As Possible

The effective and efficient handling of Boston premises liability cases demands a complete investigation as well as knowledge of state law and the circumstances surrounding the accident. It is important to work with a law firm that is well-established and has the resources necessary to hire expert witnesses, such as accountants and accident reconstruction experts, to help strengthen your premises liability case.

It is also important to work with a law firm that has decades of experience in achieving successful outcomes for Boston premises liability cases. This will help ensure you get the best possible results. 

A Boston premises liability lawyer from Rubenstein Law will use the firm’s considerable skill and resources to help personal injury victims collect the financial compensation they are entitled to. 

Have you been injured in a truck accident due to someone else’s negligence? At Rubenstein Law, we will evaluate your case for free and help you determine your best path forward.

Boston’s trucking industry is an integral part of the city’s economy. Thousands of large trucks travel in and out of the city transporting goods and services daily. A major challenge is posed by these big rigs navigating Boston’s narrow roads. It creates a real risk for other vehicles on the roadways.

Imagine a new mom in a small SUV waiting at the stoplight. A commercial tractor-trailer truck looks down at his phone, loses control of the truck, and slams into the SUV, sending it spinning across a busy intersection. The mom gets rushed to the hospital with multiple broken bones and a possible traumatic brain injury. Her life (and her family’s) may never return to normal, all because of a truck driver who chose to check his phone while driving.

Unfortunately, sharing roadways and interstate highways with large commercial trucks often results in catastrophic damages when they collide with smaller vehicles. Truck drivers and trucking companies who cause accidents must be held responsible for any losses the injured person suffers.

How a Boston Truck Accident Lawyer Can Help

Truck accident victims should not have to suffer a financial crisis due to a truck driver’s negligence. The law in Massachusetts allows anyone injured in a truck-related accident to seek compensation for their damages. If the insurance company won’t pay a fair settlement, you have the right to sue.

The Rubenstein Law Firm offers a free consultation to help you determine if you have a case. We will work to determine the best strategy for getting you the compensation youdeserve. You may be entitled to compensation for medical bills, lost wages, and even pain and suffering.

Once we evaluate your truck accident case, we have skilled commercial truck accident lawyers well-equipped to provide aggressive legal representation to protect your rights. U.S. News & World Report ranked our personal injury law firm among the best law firms in 2022. When you choose us to represent you in a Boston truck accident case, you can focus on healing while we focus on representing you in court.

How Common are Truck Accidents?

Truck accidents are unfortunately far more common than people realize, particularly in the United States. According to statistics from the Federal Motor Carrier Safety Administration, in 2019 alone, 4,415 people died in large truck accidents nationwide. FMCSA estimated that between 2009 and 2015, injuries related to large trucks skyrocketed to nearly 100,000 (a 62 percent increase).

Closer to home in Boston and other cities in Massachusetts, there were 129 deaths and fatal injuries due to truck collisions in 2019, according to the FMCSA. These statistics demonstrate an alarming trend throughout the United States, Massachusetts, and Boston, reinforcing the need for improved public safety efforts regarding these commercial trucks.

Different Types of Truck Accidents

Various factors, including driver error, equipment failure, and poor road conditions, can cause truck accidents. Depending on the cause of the accident, multiple parties may be held liable. Understanding the many types of Boston truck accidents helps determine who is at fault and how to proceed with a personal injury claim.

1. Jackknife Accidents

A jackknife accident occurs when the trailer of a tractor-trailer swings out and hits another vehicle or object. Sharps turns, overloaded cargo, and sudden braking often cause these accidents.

Jackknife accidents are especially hazardous because the trailer can swing around with quick, immense force, hitting other passenger vehicles. These accidents often result in spinal cord injuries and other catastrophic injuries.

2. Rollover Accidents

A rollover accident occurs when a tractor-trailer tips onto its side or roof. These accidents are usually caused by speeding, turning too sharply, or cargo shifting inside the trailer. Poorly secured cargo can cause a rollover accident if it falls out of the trailer and hits another vehicle.

Rollover accidents are dangerous because they often involve multiple vehicles and can result in traumatic brain injuries, fractures, or organ damage.

3. Rear-End Truck Crashes

Rear-end collisions are among the most prevalent types of truck accidents. These accidents occur when tractor-trailers rear-end other vehicles that stop or slow down in traffic. Driver errors, such as distracted driving, driver fatigue, or tail-gating, lead to rear-end collisions.

Rear-end collisions typically result in injuries ranging from whiplash and concussions to herniated discs to facial fractures.

Common Truck Accident Injuries and Damage

A Boston truck accident is traumatic for all parties involved, For the injured, they result in serious injuries, emotional distress, lost wages, and costly property damage.

Depending on the circumstances of the truck accident claims, you might need to hire a Boston truck accident lawyer to ensure you receive payment for all your losses. Knowing the typical injuries and damages related to truck accidents is crucial to pursuing a Boston truck accident claim.

Property Damage

In some instances, property damage can be extensive after a trucking crash. The size of these large trucks makes them capable of causing severe destruction.

The average weight of a commercial tractor-trailer is between 20,000 and 80,000 pounds depending on the truck type and the load it carries. If the truck driver collides with another motor vehicle, the repairs needed for passenger vehicles can include the following:

• Bodywork repair
• Frame repair or replacement
• Suspension repair
• Alignment
• Electrical repairs
• Engine repairs

The cost for the repairs can add up to thousands of dollars fast. According to a report by the National Highway Traffic Safety Administration (NHTSA), the average repair cost for a motor vehicle involved in a trucking crash was $11,000 in 2017. This is of course assuming the car can be repaired at all. In many cases, the vehicle will be totaled.

Physical Injuries

The injuries sustained in Boston truck accidents range from minor bruises to death. Common types of physical injuries in commercial truck accidents include:

• Whiplash
• Internal bleeding
• Organ damage
• Paralysis
• Spinal cord injury
• Limb amputation
• Nerve damage

Emotional Distress

After a large truck crash, it is not uncommon to experience emotional disturbances. The trauma of the event may cause you to relive the accident through intrusive thoughts and nightmares, making it difficult to focus on work or enjoy daily activities.

The fear of getting back on the road may cause you to avoid driving, impacting your ability to commute to work and carry out everyday tasks.

No one should underestimate the emotional distress caused by being involved in a truck crash. According to the American Academy of Family Physicians (AAFA), those injured in a truck wreck may experience psychological trauma that includes:

• Post-traumatic stress disorder
• Depression
• Anxiety
• Insomnia
• Fear
• Nightmares
• Sleep issues

Post-traumatic stress disorder, depression, anxiety, and fear are all common reactions that manifest after large truck crashes. The victims may require professional help from mental health specialists.

What to Do After a Truck Accident in Boston

No one anticipates being involved in a Boston truck accident. Knowing what to do in the aftermath is essential if you or a loved one is involved in a collision with a large truck. Take the following steps if you’re ever involved in a truck accident:

1. Get Medical Help

After a truck crash, adrenaline can rush through your body. This “fight or flight” hormone can mask the pain of injuries, so you may feel there’s nothing wrong with you physically. It’s always best to get checked out by a doctor as soon as possible whether you feel any pain or not. You may have internal injuries that do not exhibit obvious symptoms, such as internal bleeding, kidney damage, or spine injury, that may not exhibit obvious symptoms.

2. Keep Track of All Medical Documents

Your healthcare paperwork is needed when it comes time to file a claim for damages. This documentation provides a paper trail showing how the accident impacted your health and finances. Be sure to save documents, such as receipts, doctor’s notes, hospital records, and MRI results. We can order them from the facility later if necessary as well.

3. Gather Evidence

If possible, collect evidence about the accident scene. Take photos or videos of the damage to both vehicles and any injuries that are visible. You should also ask for any eyewitness’s contact information, and truck driver logs. You should obtain a copy of the police report as soon as possible also. This information can help you build a case for a fair truck accident settlement.

4. Avoid Giving Statements

Avoid speaking to the trucking company’s insurance adjuster without first speaking to your lawyer. An insurance company’s primary focus is profits, not your well-being. They may try to get you to agree to a settlement that won’t even cover your medical bills.

The Insurance Information Institute notes the insurance industry raked in approximately $715 billion in 2021 alone from property and casualty policies, which includes auto coverage.

Some insurance adjusters or representatives use tactics that only benefit their company, such as downplaying the severity of your injuries, offering a lowball truck accident settlement, delaying claims, or outright denying your claim. A lawyer can take on the insurance company on your behalf so you don’t have to stress.

5. Contact a Boston Truck Accident Lawyer

Boston truck accident cases can be complex, as they often involve dealing with multiple parties, such as drivers, trucking companies, and cargo owners. The applicable state and federal regulations, such as truck maintenance requirements and limits, must be considered. These factors help determine fault. It’s important for your case to know whether the truck driver or the truck driver’s employer violated those rules and regulations.

A skilled lawyer will help you gather evidence, interview witnesses, and build a solid case for full compensation that you are due under the law. After a life-altering accident, the last thing you want to worry about is dealing with an insurance or trucking company.

What Do Truck Accident Injury Lawyers Do?

If you suffered a life-changing injury in a truck accident, you might wonder if you need a lawyer. Truck accident lawyers can help you pursue legal action if a truck driver or trucking company acted negligently and caused your injuries. Here are the services provided by an injury lawyer to assist you in getting compensated for your damages.

Investigating the Accident Scene

Truck accident injury lawyers will investigate the accident scene to determine what happened and who was at fault in causing the crash. This investigation involves interviewing witnesses, gathering evidence from the scene, and analyzing accounts from both parties involved in the crash. The evidence lawyers collect can determine who’s liable for the accident and any resulting injuries or property damage.

Negotiating With Insurance Companies

Insurance companies and their legal teams are often involved in the aftermath of commercial trucking accidents, particularly when substantial damages occur. Your lawyer will need to negotiate with insurance providers to receive fair compensation for your medical expenses, lost earnings, pain and suffering, and other costs related to your trucking accident injury.

Additionally, the lawyers will consult with medical professionals to assess your injuries and consider all related expenses during negotiations. For example, if you sustain a traumatic brain injury, your lawyer can ensure that the insurance company covers the costs associated with rehabilitation and the loss of future wages.

Filing a Truck Accident Lawsuit

You can file a lawsuit if negotiations with an insurance company do not result in fair compensation for your injuries. Boston truck accident lawyers help clients receive justice for the harm caused by another party’s negligence or wrongful act. Your lawyer will use all evidence gathered to argue your case in court if needed.

Questions to Ask a Truck Accident Lawyer

After being hit by a large truck, you may have serious injuries and mounting medical bills. You may need clarification on your legal rights, guidance on navigating the complex legal process, or insights on whether you can get fair monetary compensation for your losses. A Boston truck accident lawyer can provide legal advice regarding your case.

Here are some questions that you should ask when hiring a Boston truck accident attorney:

1. How long do I have to file my truck accident claim?

Massachusetts law has a three-year statute of limitations for personal injury claims. In other words, if the accident happened on December 17, 2022, you must submit your claim to the court by December 17, 2025. Knowing you have a three-year timeline helps your lawyer develop an effective strategy for your case against the truck driver or truck company.

To be clear, there are some exceptions to the three-year statute, so check with an attorney to be sure. Even if the full three years does apply to your case, you should give your attorney as much time as possible to build and prepare your case, so it is always best to seek legal representation as soon as possible after the accident.

2. What happens if I cannot work due to my injuries?

If you get injured so badly that you cannot return to work, your Boston truck accident attorney can help you pursue a lawsuit to recover compensation for lost wages and future earning potential. Additionally, they can advise you on filing for Social Security Disability (SSD) benefits if necessary.

3. What is considered pain and suffering compensation?

These damages compensate the injured party for physical pain and emotional suffering. They may also include any physical disfigurement or psychological damage experienced due to the injury. Calculating compensation for pain and suffering damages can be challenging since it is subjective and varies from person to person.

Additionally, these awards are generally higher when there are permanent effects or disabilities associated with the injury. For example, you may receive more compensation if you suffer from long term effects such as chronic pain or disability.

4. What kinds of damages can I claim?

There are two main types of damages to be claimed. They are referred to as economic and non-economic damages. Economic damages cover things like medical bills, therapy, medicine, surgery, and other healthcare related expenses. It also covers lost wages.

Non-economic damages cover pain and suffering, emotional anguish, and loss of enjoyment in life.

Your Truck Accident Injury Case

After a trucking accident, you need an experienced and reliable personal injury law firm in your corner. The Rubenstein Law Firm has been in business since 1988 and boasts billions of dollars in settlements and verdicts for our clients. With a strong track record of success, the firm can provide you with the best legal representation possible in navigating the justice system.

Schedule Your Free Consultation

At Rubenstein Law, we work on a contingency fee basis. This means you pay us nothing unless we win your case. There is absolutely no risk in hiring our team, and no payment out-of-pocket.

To get the compensation you deserve after being involved in a serious accident, schedule a free consultation today with our Boston truck accident injury lawyer.

Have you been injured in an Uber or Lyft accident in the Boston area? We may be able to help you if the accident was due to someone else’s negligence. Contact Rubenstein Law today for your free consultation.

Boston was among the first U.S. cities to embrace ridesharing services like Uber and Lyft. The first Uber ride in the city occurred in 2011, just a few months after the service launched in San Francisco. As of 2021, there are over 20,000 Uber and Lyft drivers in the Boston area, making it one of the largest ridesharing markets in the country.

These innovative services have made it easier to get around the city, providing affordable, on-demand transportation accessible from your smartphone. Of course, with any new technology, there are hazards associated with ridesharing that can make them dangerous.

Imagine a recent college grad is on her way home from hanging out with friends at The Bell in Hand Tavern, and her Uber driver is texting on their phone, causing them to miss a red light and crash into another vehicle. Or, perhaps, a Lyft passenger is heading to work at the Seaport District when his rideshare driver turns wrong and crashes into a parked car, leaving him with a broken arm and head injury.

Unfortunately, scenarios like these can and do happen in the Boston area. An accident involving an Uber or Lyft vehicle can happen anytime, leaving rideshare accident victims with serious injuries and mounting medical bills.

At Rubenstein Law, we understand the devastating impact a rideshare accident can have on your life. That’s why we’re committed to helping those injured get thecompensation they deserve. We offer a free consultation to discuss your case and answer any questions you may have about the legal process.

Our experienced Boston Uber and Lyft injury lawyers have the knowledge and resources to fight for your rights and hold negligent parties accountable. Don’t let a rideshare accident derail your life. With a compassionate Uber accident lawyer or Lyft accident lawyer on your side, you can get past this challenging time in your life.

What Is a Rideshare?

Ridesharing is a transportation service that connects passengers with drivers using a mobile app or website. The concept of ridesharing began to gain popularity in the 2010s with the launch of companies like Uber and Lyft, which offered an alternative to traditional taxi services.

Rideshare companies use GPS technology to match passengers with nearby drivers, and payment is typically processed through the app, making the process quick and convenient for both parties.

Are Rideshare Car Accidents Common?

Rideshare car accidents are a growing concern as the popularity of rideshare services continues to increase. According to recent statistics, these accidents are becoming more common and can have severe consequences for drivers and passengers.

• A 2018 Uber safety report revealed that 107 people died in crashes involving Uber rides in 2017 and 2018 in the US.
• Uber’s Safety Report showed that Uber drivers and passengers experienced 5.8 fatal crashes per 100 million miles traveled in 2019 and 2020, a decrease from the previous year’s report.
• According to a report by the National Highway Traffic Safety Administration (NHTSA), there were 857 fatalities in crashes involving “for-hire” vehicles (which include rideshare services) in 2018. This represents an increase of 10% from the previous year.

These statistics suggest that rideshare car accidents are becoming more common and can have serious consequences. Both drivers and passengers need to take steps to minimize the risk of accidents, such as following traffic laws, using seat belts, and avoiding distractions while driving or riding in a vehicle.

Who’s at Fault in an Uber or Lyft Car Accident?

Determining who is at fault in an Uber or Lyft car accident can be complicated, especially if multiple parties are involved. The liable parties may include:

1. The Uber or Lyft driver: If the Uber or Lyft driver operated a vehicle in a reckless manner while under the influence of drugs or alcohol, or violated traffic laws during the accident, they could be held liable. For example, if a Lyft driver runs a red light and causes an accident, they would be at fault.
2. The rideshare company: The rideshare company could be held liable if they failed to properly screen their drivers or maintain their vehicles, resulting in an accident. For example, Uber could be liable for negligent hiring practices if a driver causes an accident while driving with a suspended driver’s license.
3. Other drivers or parties involved in the accident: In some cases, another driver, a pedestrian, or a defective vehicle part may cause the accident. In these cases, the liable party would be the party who caused the accident, regardless of whether they were driving for a rideshare company.

Common Rideshare Accident Injuries and Damage

Rideshare accidents can result in many injuries and damages, from minor cuts and bruises to serious, life-threatening conditions. Some of the most common injuries and damages associated with rideshare vehicle accidents include:

Whiplash

Whiplash is a type of neck injury that occurs when the head is thrown forward and then back in a quick, forceful motion, resulting in strain on the muscles and ligaments of the neck. The Mayo Clinic cites car accidents are a common cause of whiplash. Additionally, this bodily injury can occur even when a car is driving 10 mph.

Traumatic brain injuries (TBIs)

TBIs occur when the brain is subjected to sudden impact or force, resulting in damage to the brain tissue. A TBI can range from mild concussions to more severe ones resulting in permanent brain damage.

Broken bones

Car accidents can also result in broken bones, which are painful and require significant medical treatment. For example, a ridesharing car accident involving an Uber passenger may suffer a broken arm or leg if the vehicle gets struck from the side or rear.

Soft tissue injuries:

Soft tissue injuries damage the body’s muscles, tendons, and ligaments. These injuries can be challenging to diagnose and treat, but can be painful and long-lasting. For example, a Uber or Lyft passenger may suffer a torn rotator cuff if the vehicle is involved in a side-impact collision.

Property damage

Rideshare vehicle accidents can also result in significant property damage, including damage to the vehicle itself and any personal belongings at the time of the accident, such as cracked laptops, dented luggage, or damaged jewelry.

What Causes Most Rideshare Accidents?

Distracted driving

A distracted Uber or Lyft driver is one of the leading causes of rideshare accidents. This can include texting, talking on the phone, eating, or using a GPS device while driving. According to the Centers for Disease Control and Prevention (CDC), in 2019, 424,000 people were injured and over 3,100 people were killed due to crashes involving a distracted Uber or Lyft driver in the US.

Reckless driving

Reckless driving is a type of driving behavior characterized by a disregard for the safety of oneself and others on the road. Examples include:

• Speeding
• Tailgating
• Failing to yield the right of way
• Running red lights or stop signs
• Passing in a no-passing zone
• Driving while under the influence

Driver Fatigue

Driver fatigue can be a major problem for rideshare drivers who work long hours without taking proper breaks. Fatigued Uber and Lyft drivers are more prone to making mistakes or falling asleep at the wheel, leading to serious accidents.

According to the National Highway Traffic Safety Administration (NHTSA), there were a total of 4,111 fatalities that involved drowsy driving between 2013 and 2017.

What To Do After a Lyft or Uber Accident in Boston

When you are involved in a Lyft or Uber accident in Boston, there are several steps you should take to protect yourself and ensure that you receive the proper medical care and compensation for your injuries and damages. Here are three main actions you should take:

Seek Medical Treatment

The first and most crucial step is to seek medical attention for any injuries sustained in the Uber or Lyft accident, no matter how minor they may seem. This includes calling 911 or going to the emergency room, depending on the severity of the injuries.

Hold on to your medical records and bills related to the accident. They provide evidence of the injuries sustained and the treatment you received. This paperwork can help demonstrate the extent of the injuries, the impact on your daily life, and the cost of medical care.

Report the Accident

File a report with the police as soon as possible. Key information the document provides includes:

• Date, time, and location of the accident
• Description of the accident, including the direction of travel and the vehicles involved
• Diagrams or photos of the accident scene and damages to the vehicle
• Police officer’s observations and opinions on the cause of the accident
• Any injuries sustained by Uber and Lyft drivers or passengers.

Contact an Uber and Lyft Accident Attorney

An experienced attorney is essential to safeguard your rights and ensure fair compensation. They can handle communication with Uber, Lyft, and insurance companies, leaving you to focus on recovery. Our Boston Uber and Lyft injury lawyers operate on a contingency fee basis, meaning you pay nothing out of pocket, and we only get paid if we win your case.

Can You Sue After a Uber or Lyft Car Accident?

You can file a lawsuit after an Uber or Lyft car accident, and there are several reasons why you may consider this option. The primary reason is to seek compensation for medical expenses, lost income, and other damages resulting from the accident.

If you’re involved in an Uber car accident in Boston, you may be entitled to compensation for your injuries and other damages. The payment you can receive will depend on several factors, including who was at fault for the collision, the Uber driver’s car insurance coverage, and the rideshare company’s commercial liability insurance policy.

The insurance coverage available will depend on who was at fault for the accident. If the Uber driver was at fault, their personal car insurance policy would likely cover the first $20,000 in damages, with any additional damages covered by the rideshare company’s commercial liability insurance policy.

Under Massachusetts law, rideshare companies must have liability insurance coverage. Uber and Lyft have insurance policies that cover up to $1 million for any harm caused to someone else’s property or person in an accident. These companies also have insurance coverage that protects passengers if the liable party does not have enough insurance to cover their losses, with third-party liability coverage up to $1 million per car accident.

Compensation also depends on the policy coverage limits. For example, if the damages exceed Uber’s $1 million liability insurance coverage limit, you may need to file a lawsuit to recover additional compensation.

What Do Boston Rideshare Accident Injury Lawyers Do?

Boston rideshare accident injury lawyers provide various legal services to help victims of Uber or Lyft accidents receive fair compensation for their injuries and damages. Here are three primary services a rideshare lawyer offers to help someone win a case:

Legal representation – An experienced rideshare accident lawyer will provide legal representation to victims of Uber or Lyft accidents. They gather evidence, investigate the accident, obtain witness statements, review the police report, analyze Uber or Lyft app data, and build a solid case to demonstrate fault and liability. They will also handle communication with insurance companies and other parties involved in the accident on behalf of their clients.

Negotiation and settlement – In many cases, an attorney can resolve an Uber or Lyft accident case through negotiation with the insurance company or the rideshare company. An experienced lawyer can often work out a settlement on behalf of their client, ensuring maximum compensation. If the insurance company refuses to settle for a fair amount, the attorney can proceed to trial.

Knowledge and experience – Uber and Lyft cases often involve complex legal and regulatory issues related to technology, data privacy, and labor laws. Personal injury lawyers must stay updated on the latest developments in these areas to provide the best legal representation to their clients.

Lawyers handling Uber and Lyft cases may face unique or challenging aspects compared to other personal injury cases. One of the challenges with rideshare vehicles is determining who is liable for the accident, as it may involve the driver, the rideshare company, or other parties. Rideshare companies may argue that their Uber and Lyft drivers are independent contractors, which can complicate the determination of liability.

Overall, lawyers handling cases involving Boston Uber or Lyft accidents must deeply understand the industry, the technology, and the legal and regulatory landscape to obtain the best possible outcome for their clients.

How to Find the Best Uber & Lyft Accident Lawyer

If you’ve been involved in an accident using a ridesharing service like Uber or Lyft, you’ll need a qualified lawyer to represent you. But how do you find the best Boston Uber and Lyft accident lawyer for your case? Here are three suggestions to help you in your search:

Look for a lawyer with experience in Uber and Lyft accidents.

If you’re looking for a capable Boston Uber & Lyft accident lawyer, aim for someone specializing in this legal area. Uber accidents and Lyft accidents are intricate because they involve various parties. A seasoned lawyer in this field can adeptly handle the legal terrain and secure the optimal result.

Check the lawyer’s credentials and reputation.

A rideshare accident attorney’s reputation and credentials should be considered when seeking legal representation. When selecting an attorney, confirm that they possess a valid law license in Massachusetts and have a good reputation in the legal community.

You can check their credentials on Massachusetts Bar Association’s website or other legal directories. On the site, you can view records of disciplinary actions taken against any lawyer.

Schedule a free consultation and ask questions.

A consultation with a personal injury attorney allows you to ask them questions, which helps you determine if they are a good fit for your case.

During the free consultation, you can inquire about their success rate in handling rideshare accident cases, fee arrangements, case strategy, and other concerns. This will allow you to gauge whether the lawyer meets your requirements and objectives.

With these three recommendations, you can secure the services of a competent and proficient lawyer specializing in Boston Uber and Lyft accidents. They will advocate for your case and ensure you receive the appropriate financial relief.

Remember, the right lawyer can make all the difference in the outcome of your Uber or Lyft accident claim, so do your research and choose wisely.

Get Justice for Your Rideshare Case

Perhaps you were in the backseat of a Boston Uber or Lyft, enjoying the scenery of beautiful Boston. Suddenly, another driver runs a red light and crashes into your ride. You’re in shock, your body is shaking, and your head is throbbing. The ambulance arrives, and you’re whisked away to the hospital, where you spend the next few days recovering from your injuries.

The medical bills start mounting, and you can’t return to work anytime soon due to your injuries. You’re struggling to make ends meet and unsure how you’ll get back on your feet. You don’t know where to turn.

That’s where Rubenstein Law comes in. We have over 25 years of experience in personal injury law. We strive to ensure Uber or Lyft accident victims obtain the compensation and justice they deserve.

We will only charge you legal fees if we win your Uber or Lyft accident claim, so contact us now for a free case evaluation. You deserve the best legal representation. Choose Rubenstein Law to get the best possible outcome for your situation.

Have you been injured in a motorcycle accident in the Boston area? Let our accident attorneys at Rubenstein Law help you figure out your legal options for compensation.

Boston is home to a large community of motorcyclists who ride for both day-to-day travel and for fun. Unfortunately, they also have to deal with hazards that are inherent risks to motorcyclists every time they ride, due to the negligence of other drivers on the road.

Massachusetts law entitles motorcyclists who have been injured in an accident to hold the at-fault driver liable for their injuries and other damages. An experienced Boston motorcycle accident attorney from Rubenstein Law can review your potential case during a free consultation. Give us a call to find out what your rights are and whether or not you have a valid claim.

Motorcycle Accident Injury Data

Motorcycle accidents are often devastating since riders are completely exposed to the world around them. A quick look at motorcycle crash statistics reveals some sobering facts.

According to the National Highway Traffic Safety Administration, in one recent year:

• More than 5,000 motorcycle riders were killed in traffic accidents nationwide, representing an 8% increase from the year before.
• 88,000 motorcyclists were injured in motor vehicle accidents, 3% fewer than the previous year.
• Motorcycle riders made up 14% of all fatal traffic accidents, 4% of all injured victims, 17% of all occupant deaths, and 4% of all occupant injuries.
• The fatality rate for someone who rides a motorcycle is 27 times higher than for passenger car occupants.
• More than 40% of motorcycle fatalities were single-vehicle accidents. Almost 60% involved at least one other vehicle.
• The rate of fatal motorcycle accidents has risen consistently over the past two decades.

Additional statistics provided by the Insurance Information Institute show that:

• Those who operate supersport motorcycles have a death rate that is four times higher than those who operate other kinds of motorcycles.
• Motorcycle helmets are legally required in fewer than half of the states, including Massachusetts.

Older riders are much more susceptible to serious injuries than younger riders. The severity of the injuries often sustained by motorcyclists makes it imperative that you contact a dedicated Boston motorcycle accident attorney immediately after your crash. You could be facing a major financial setback from medical bills and lost wages if you don’t have strong legal representation ensuring you get the compensation you are entitled to.

What Causes Boston Motorcycle Accidents?

The majority of Boston motorcycle accidents involve a passenger vehicle and a motorcycle. Drivers are used to keeping an eye out for other trucks and cars on the roadway, but, whether due to inattentional blindness, distraction, or plain old negligence, they are not always watching out for motorcyclists. Accidents are often the result when a driver speeds, overcrowds a person on a motorcycle, or changes lanes without checking their blind spots.

Drivers can easily injure a rider by hitting their bike or by driving in a negligent manner that causes a rider to crash or fall, even if no contact was made with the motorcycle. Distracted drivers, such as drivers sending text messages and making phone calls, is the leading cause of motorcycle accidents in the United States.

Although motorcyclists use the same streets and highways as other drivers and are beholden to the same driving laws, they fall victim to a disproportionate number of traffic accidents in Boston and across the country. In 2020, 52 people were killed in Boston motorcycle collisions. These accidents are both physically and mentally traumatizing. Many suffer severe injuries. Those who sustain injuries often face lengthy hospital stays and months of physical therapy and medical care.

Common Types of Motorcycle Crashes

Although there are many different kinds of motorcycle accidents, some take place more than others. Those most commonly seen in the Boston area are:

Single Motorcycle Accidents

When a collision doesn’t involve another vehicle, it is usually obvious that the only driver involved is at fault. If you were the driver in a single-motorcycle accident, you could be able to recover compensation through a first-party injury claim against your insurance company. If you were injured as a passenger, you could have a valid case against the driver.

Sideswipe Collisions

Sideswipe collisions happen when a driver changes lanes without properly checking their blind spots, and the side of their vehicle makes contact with the side of another vehicle. In this scenario, a motorcyclist could easily be knocked down, ejected from their bike, or pushed off the roadway, potentially causing severe injuries to the rider. The driver who improperly merged or changed lanes into another vehicle is most likely at fault in this scenario.

Tailgate Accidents

Many drivers tend to underestimate the importance of keeping a safe following distance on the highway, particularly where motorcycles are involved. If a driver rear-ended you because they were following you too closely, they would likely be liable for your motorcycle accident injuries and other damages.

Intersection Accidents

When a motorcycle accident takes place at an intersection, it is sometimes easy to pinpoint the at-fault driver since traffic lights and signs dictate who is allowed to enter the intersection and when. The driver that ran a stop sign or red light is presumably at fault for the accident.

Left Hand Turn Accidents

Anytime an oncoming vehicle is making a left hand turn, they are required to yield to any vehicles, including motorcycles, that are going straight. If the driver fails to yield the right-of-way before making a left hand turn and, in doing so, causes an accident, they would likely be held liable for the crash.

Other Motorcycle Accidents

While far from exhaustive, this list covers the five most common kinds of Boston motorcycle accidents. If another driver’s negligence caused you to be injured in any kind of motorcycle crash, contact our Boston motorcycle accident attorneys for help in proving liability and getting the compensation you deserve.

Who is Liable for My Boston Motorcycle Accident?

When someone is injured in a motorcycle accident, they are entitled to pursue compensation and hold the at-fault party accountable. Motorcycle accident victims can collect financial compensation for their injuries by proving liability. Most of these cases resolve by settlement negotiations prior to going to trial, but trial is an option if the insurance company refuses to pay a fair settlement. Before you are eligible to recover compensation, you will have to show who was liable.

To show that the other driver was at fault for your motorcycle accident, you are tasked with proving the four elements of negligence, which are:

• The defendant owed a duty of care to the victim
• The defendant breached this duty
• The breach of duty caused the victim’s injuries and damages
• The victim incurred losses due to their injuries

Proving negligence in a civil case does not mean that you have to show that the driver purposefully caused your motorcycle accident. Instead, you only have to prove that they committed negligence while driving, such as texting, speeding, or failing to signal when turning. Other forms of negligence that are not themselves traffic violations can also reflect a violation of duty, such as dealing with rowdy kids in the backseat or reaching for an item you dropped on the floor.

In most cases, the driver of the striking vehicle will try to argue that they were not the only ones to blame and that you contributed to your own injuries. Sometimes a defendant will be so bold as to claim that since you were riding a motorcycle rather than driving a car, it is your own fault that something happened to you. These assertions are, of course, entirely without merit, and our motorcycle accident lawyers will defend your right to ride a motorcycle by shifting the blame where it belongs.

Massachusetts follows comparative negligence laws. This means that if the defendant is able to show that you did violate driving laws or commit negligence while riding your motorcycle, the court can assign you partial liability. This will lower your compensation in direct proportion to your percentage of fault. For example, if you are found 20% at fault for your motorcycle accident injuries, your award of $100,000 will be reduced by 20%, leaving you with $80,000. Our Boston motorcycle accident lawyers will conduct a thorough investigation into your motorcycle crash and work to show that the other driver was responsible for your injuries.

Boston Helmet Laws and Liability for Motorcycle Accidents

Passed in 1967, Massachusetts helmet laws are some of the toughest in the United States. They state that any person who is operating a motorcycle or is a passenger on one is required to wear protective headgear that complies with the minimum safety requirements as laid out by the Commonwealth.

Where helmet laws play a major role in motorcycle accident cases is the potential for diminished financial compensation for damages. The modified comparative fault standard mentioned earlier can limit the compensation awarded to injured riders based on how much they contributed to the accident and their own injuries. Of course, not wearing an appropriate helmet won’t cause you to have an accident, but it could quite possibly contribute to the severity of your injuries.

A rider’s decision not to wear a helmet could influence their financial recovery. For example, a rider who sustained a traumatic brain injury because they were not wearing a helmet might be found 40% liable for their own injuries. Even though the other driver caused the accident, the rider’s head injuries are only as severe as they are due to the absence of a helmet. If their injuries were in an area unrelated to wearing a helmet, such as a broken leg, our Boston motorcycle accident lawyers will fight to keep their lack of a helmet from affecting the outcome of their case.

Even with 40% liability, you would still be able to recover damages, but they would be reduced by 40%.

If you are assigned 51% or more of the liability for a motorcycle accident, you would be barred from any financial recovery whatsoever. In order to make sure you collect the maximum amount of compensation possible, speak to a Boston motorcycle accident lawyer from Rubenstein Law as soon as possible.

Does Massachusetts Allow Lane-Splitting?

Lane splitting is when motorcycle riders ride in between two lanes of traffic that are heading in the same direction. Instead of riding in one lane or the other, the biker rides directly on the yellow or white pavement marking that separates the two lanes of traffic.

Why do they do this? Well, the logic is as follows: a motorcycle rider will often split lanes in order to pass slow-moving or stopped traffic instead of having to sit and wait behind a long row of other stopped vehicles. It is also much easier for motorcyclists to drive this way. Trying to drive in stop-and-go traffic is a lot more work for a person on a motorcycle than for someone driving a car. It is faster and easier for them to keep moving as opposed to constantly throttling down, stopping, putting their feet down, and starting the whole process all over again.

As preferable as bypassing stopped or slowed traffic may be for a motorcycle enthusiast, it is absolutely illegal in the state of Massachusetts. State law expressly forbids lane splitting and states that motorcycle operators are required to remain in a single lane on any roadway with two lanes or more. Riders may not deviate from their lanes anymore than a regular car can.

Motorcyclists are also not allowed to use the same lane or split a lane to pass another vehicle. The only time they can legally share a lane with another vehicle is if they are riding next to another motorcycle.

Massachusetts motorcycle accidents frequently result in considerable damage. After being involved in a motorcycle accident, it is important that you act quickly to protect your rights. The personal injury lawyers at Rubenstein Law will work tirelessly to get you the full amount of recovery that you are entitled to. To schedule your free consultation, give us a call or fill out the contact form on our website.

Damages Recoverable After a Massachusetts Motorcycle Accident

When motorcycle accidents happen, the resulting injuries are often severe. The injuries most commonly involved in motorcycle crashes include multiple kinds of traumatic injuries, ranging from fairly minor to extremely serious, such as:

• Contusions and lacerations
• Avulsion injuries (road rash) and other abrasions
• Head injuries/Traumatic brain injury
• Neck, back, and spinal cord injuries
• Broken and fractured bones
• Internal organ injuries/Internal bleeding

Depending on the severity of your injuries, your full recovery could take months or even years. The damages you incur will be based primarily on your recovery time, what ongoing medical care and treatment is required, and how your injuries will affect the rest of your life. For most crash victims who endure long-term or permanent disabilities or injuries, the damages they claim are very high.

Your actual recovery will depend on the unique facts of your motorcycle accident case and whether or not you shared any percentage of the liability. Some damages that are commonly recovered after a Boston motorcycle accident are:

• Lost wages and other earnings
• Future lost wages or diminished wages
• Medical expenses for emergency transportation, physical therapy, ongoing care, and other medical costs
• Childcare costs
• Loss of fellowship
• Additional economic damages
• Physical pain
• Mental anguish
• Emotional trauma, such as post-traumatic stress disorder
• Reduced quality of life
• Additional non-economic damages

If the motorcycle resulted in a wrongful death, certain surviving family members of the deceased person might be entitled to claim damages as well. This could include things like hospital costs, funeral and burial costs, and loss of familial relations.

In an accident involving a commercial driver, like a bus driver or a tractor-trailer driver, the initial accident investigation could reveal internal infractions such as a violation of federal trucking regulations or Hours of Service violations. In some instances, the court might order punitive damages to be paid to the victim as a form of punishment for these drivers as well as their employers. Punitive damages are extremely rare, so talk to an experienced motorcycle accident lawyer to learn more.

Calculating Damages for Your Boston Motorcycle Accident Injury

It is important to have a Boston motorcycle accident lawyer review your case and go over what damages you may be eligible to claim. Each case is unique, and you should never depend on a basic description of common damages to estimate what your personal injury claim may or may not be worth. You should also never rely on the at-fault driver or their insurance company to tell you how much your claim is worth. Instead, work with a reputable Boston motorcycle accident lawyer who has more than three decades of experience and your best interests in mind.

Let a Qualified Boston Motorcycle Accident Lawyer Help 

Any driver who caused or contributed to your motorcycle accident could be held accountable for damages. A skilled motorcycle accident lawyer from Rubenstein Law can analyze your personal injury case and ensure that you understand your rights and options moving forward. To get started on your case today, call Rubenstein Law at (800) 77-LEGAL and schedule your free consultation with our experienced Boston motorcycle accident attorneys.

One of the first recorded car accidents in the United States occurred in Boston in 1928 when a car collided with a trolley bus. The car driver tried racing the trolley, then crashed into a concrete pillar, which totaled the vehicle. Since then, this historical city has had its share of car accidents.

Boston is an interesting traffic hub. Motorists deal with everything from historical cobblestone roads that wind through our city to packed highway on-ramps. Not to mention, Boston has more one-way streets than any other U.S. city. All these factors contribute to car accidents happening here on a regular basis.

Unfortunately, it only takes a split second for an otherwise perfect trip in the city to become a catastrophic accident. A car accident leaves you shaken to your core. Then, there’s the aftermath of recovering from physical injuries as you attempt to get to all of your many doctor appointments. On top of all this, you are unable to go back to work due to your injuries, and the medical bills are piling up fast.

You may experience feelings of fear, anxiety, anger, or sadness. It’s not easy grappling with the fact that someone’s reckless behavior disrupted your life and brought a great deal of stress onto you. If you or a loved one needs help rebuilding your life after a traumatic motor vehicle accident, you may benefit from having a Boston car accident attorney as your advocate.

Car Accident Lawyers: Finding Justice for Auto Accidents

Rubenstein Law advocates for those injured in Boston car accidents. We provide our clients with reliable and aggressive legal representation. Our legal team understands that those involved in vehicle crashes are dealing with an overwhelming amount of problems ranging from physical limitations to financial stressors. We want to help.

Rubenstein Law is a personal injury law firm that has been serving clients since 1988 and has helped them to receive billions of dollars in settlements and verdicts. Plus, our personal injury lawyers have decades of experience.

Our firm provides free consultations. You can speak to a live person 24 hours a day, seven days a week, to discuss your auto accident case.

Rubenstein Law works hard to secure justice for anyone affected by a car accident. With our fee structure, clients only pay legal fees if we win their cases. This is called a contingency fee.

How Common Are Car Accidents?

It’s a tragic reality that car accidents occur all too often, especially in the United States.

According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), there were 38,824 traffic fatalities in the United States in 2020, the highest number since 2007. Additionally, car crashes are the leading cause of teenage death, according to the Centers for Disease Control and Prevention (CDC).

In Boston, car accidents are becoming increasingly frequent, especially in busy areas like the Seaport District. According to the Massachusetts Department of Transportation, car accidents are especially common in Boston and Suffolk County. In 2019, there were an average of 12.1 collisions on Boston city roads daily.

These statistics show the risk of car accidents happening anytime, anywhere. Although the auto industry has made strides in making vehicles safer, there’s no perfect safeguard against human error. People make mistakes behind the wheel that often result in devastating consequences. Until drivers adopt better habits, streets and highways will pose a risk for accidents, injuries, and fatalities.

Typical Car Accident Types

Car collisions can have a lasting impact on the lives of those injured and their families. Car accidents can inflict a heavy emotional and financial burden on those affected. Medical bills, rehabilitation expenses, and lost wages due to missed work are just a few examples of the financial burdens you may experience after being injured in an auto accident.

Many types of car accidents happen, but some occur more often than others. These include the following:

1. Rear-end Collisions

These occur when one car hits another from behind. Reckless drivers cause accidents by tailgating, distracted driving, or poor road conditions. Rear-end collisions can cause serious injuries, including whiplash and neck and back injuries. In some cases, they can also lead to permanent disability or death.

2. Side-impact Collisions

This car crash is also known as a T-bone. This wreck occurs when one car hits another from the side, forming a T-shape, resulting from drivers running red lights or failing to yield the right of way. Side-impact crashes often result in serious injuries, including broken bones, internal bleeding, and traumatic brain injuries.

3. Head-on Collisions

These incidents occur when two cars collide head-on. These crashes occur due to driver errors, such as driving under the influence of drugs or alcohol or falling asleep at the wheel. Head-on wrecks can be especially devastating due to the sheer amount of force between two vehicles moving toward each other when they crash. As a result, they often result in severe injuries or death.

4. Rollover Accidents

These crashes occur when a car flips over onto its side or roof. Rollovers happen because of speeding, distracted driving, or weather conditions. Rollover accidents are particularly dangerous because they can cause the vehicle to catch fire or explode.

5. Single Vehicle Accidents

These car wrecks happen when a car hits an object like a tree or guardrail, or a driver loses control and veers off the road. According to the National Safety Council’s Injury Facts, single vehicle crashes accounted for about 54 percent of all motor vehicle deaths in the U.S. in 2020.

Types of Car Accident Injuries

Every year, millions of people get injured in car accidents. Whether dealing with a minor fender bender or a catastrophic car crash, car accident injuries can range from mild to severe. Identifying your injury type is crucial for seeking fair compensation and medical recovery.

Here are some of the most common car accident injuries in Boston:

Whiplash – According to the National Institute of Neurological Disorders and Stroke, whiplash is a frequent injury people suffer in car accidents. Whiplash happens when the head moves forward and backward rapidly, damaging neck and shoulder ligaments and tendons.

Symptoms can include:

• Stiffness
• Pain
• Headaches
• Dizziness
• Fatigue
• Blurred vision
• Ringing ears

While doctors can treat whiplash if caught early enough, it can worsen without proper care. Treatment for this condition includes physical therapy or chiropractic care.

Fractures – Broken bones can happen if someone is crushed between cars or thrown from their vehicle due to a lack of seat belt use or airbag failure. The recovery time for a fracture depends on its severity and location on the body. For example, a broken arm can take four to eight weeks to heal, while a broken leg may take up to 12 weeks.

Brain Injuries – Traumatic brain injuries (TBIs) are among the most severe car accident injuries. The CDC places the severity of TBIs into three categories: mild, moderate, and severe. For example, a concussion is a mild TBI. The moderate-to-severe TBIs can lead to long-term problems, such as memory loss, sensory disturbances, personality changes, or even death.

Permanent brain damage affects an individual’s ability to talk, walk or even think clearly after being involved in a car crash. According to the CDC, there were approximately 223,135 hospitalizations related to TBI in the U.S. in 2019. Additionally, in 2020 there were 64,362 TBI-related deaths.

What to Do After a Car Accident

It’s a typical afternoon in Boston. You’re driving home from work, taking the same route you take every day. Suddenly, out of nowhere, another car swerves into your lane and slams into the side of your vehicle. You’re shaken up. Now what? After a car wreck, you may not know what steps to take. Here are some helpful suggestions to assist you in the aftermath of an auto collision.

1. Call 911

The first step is to call 911. Boston’s emergency medical service (EMS) and the police department will arrive. The police can perform several tasks, such as securing the accident scene, assessing the injuries, documenting the accident, and issuing tickets. Boston officers will file a report, which your attorney can use later in legal proceedings. EMS workers will also evaluate you and the others involved for signs of injuries.

2. Exchange Information

If you are physically able to, get contact info (name, address, phone, license, insurance) of the other involved drivers and any eyewitnesses. You need this information to file an insurance claim or a lawsuit if the need arises.

3. Document the Accident Scene

Document the scene with photos or videos as soon as possible after the accident. This evidence includes taking pictures of both cars at different angles, skid marks on the road, traffic signs, nearby buildings or landmarks, street signs, and anything else that can recreate the incident. Also take pictures of any visible injuries you may have.

4. See a Medical Provider

You need a physical exam after a car accident, even if you don’t have any apparent injuries. Some severe conditions don’t exhibit symptoms immediately, such as whiplash, concussion, internal bleeding, or traumatic brain injury. This documentation is needed for insurance, especially if you file a car accident claim. Additionally, getting a medical report can help document your injuries and the cost of treatment. Furthermore, you may uncover an injury you weren’t aware of, which could require immediate treatment.

5. Call Your Insurance Company

Insurance companies must verify the accident’s facts and calculate the compensation owed to claimants. Your insurance agent will need several documents to process your claim. The paperwork you need depends on the insurer and the accident details. Generally, what’s submitted are police reports, medical bills and records, and car repair estimates.

6. Get Your Vehicle Fixed

After the accident, get your car repaired as soon as possible. The insurance company may send an adjuster to inspect the damage and assess how much it will cost for repairs. You can choose a local body shop or one approved by your insurer to repair your vehicle.

7. Hire An Experienced Car Accident Attorney

A trusted Boston car accident lawyer safeguards your rights and secures just compensation for harm caused by another driver’s carelessness. An attorney can evaluate the evidence, deal with insurance companies, and represent you in court. For example, an attorney can negotiate a settlement on your behalf or file a lawsuit if the driver’s insurance company refuses to offer fair compensation.

What Do Auto Accident Lawyers Do?

Auto accidents can cause stress and confusion, especially when another driver is responsible for the harm done to you. Car accident attorneys can assist in such situations by representing your best interests and ensuring you get the maximum compensation under the law. Let’s look at what our Boston car accident lawyers can do for you.

What Services Do Auto Accident Lawyers Provide?

Auto accident lawyers provide a variety of services for clients who have been injured in an automobile accident, including:

• Investigating the facts of your case to determine liability and damages
• Negotiating with insurance companies on your behalf to secure a fair settlement
• Representing you in court, if needed
• Advising you on all aspects of your case
• Ensuring that all deadlines are met so that you have the best chance for success
• Helping to locate witnesses and expert testimony as needed
• Explaining the applicable laws, regulations, and precedents relevant to your case

Benefits of Having an Auto Accident Lawyer in Boston

Having an experienced auto accident lawyer on your side during this difficult time can make a big difference in protecting your rights and ensuring that any settlement or damages awarded are fair.

Additionally, they can minimize the stress associated with dealing with insurance companies or going to court by handling all communication on behalf of their client. With their knowledge of local laws and regulations, they can also provide valuable advice throughout every step of the process.

The Risk of Not Having an Attorney Represent You After An Auto Accident

Without legal representation from an experienced auto accident lawyer, many potential issues could arise during litigation or negotiation with insurance companies.

For example, insurance adjusters may pressure you to settle your personal injury claim for far less than you deserve. It’s also possible they may reject your claim outright. Either way, you don’t win. To avoid being taken advantage of by the insurer, you need legal representation.

Filing a lawsuit may be your best option for recovering the money you need. Facing well-financed insurance companies or a negligent party in court without legal representation assistance is unwise. The legal process is complex, and an attorney’s experience and knowledge of local laws, regulations, and precedents can make the difference between winning or losing a case.

What Sets Our Injury Services Apart?

You’re already dealing with enough in your regular day to day life. Now, you just got into a car accident, and you have to figure out your next steps. You want someone who can answer all of your questions, who will be available when you need them, and who has experience getting successful settlements for their clients. Rubenstein Law in Boston is the answer. Here is some of what sets us apart.

Customer Service Above All Else

At Rubenstein Law, we prioritize customer service above all else and offer 24/7 availability via live operators. We ensure our clients can reach someone on our team if they have an urgent question about their car accident claim, or just need reassurance. We make ourselves accessible so our clients feel empowered and informed throughout the claims process.

Major Settlement Victories

Our team knows how to win cases and get our clients the compensation they deserve after being injured in a car accident. We’ve won significant settlements for our clients.

Here are a few of our results:

• $1.6 million for a head-on collision car accident
• $2.3 million for a car accident caused by a reckless driver
• $5.1 million for a car accident injury
• $6.5 million for a car accident with traumatic brain injury
• $8.3 million for a rollover accident

Our impact in the personal injury field is undeniable. The verdicts and settlements speak to our law firm’s ability to fight for our clients on every level—and win.

In-Depth Knowledge of Car Accident Claims

The attorneys at Rubenstein Law are skilled professionals in personal injury specifically related to car accidents in Boston. We can work hard (and smart) to secure a successful settlement for you or your loved one’s after an auto accident.

Our knowledge is based on decades of experience working with thousands of cases from start to finish, giving us insight into every aspect of a car accident lawsuit, from filing paperwork to knowing how insurance companies work behind the scenes.

Compassion for The Injured and Their Families

Our personal injury attorneys bring compassion, empathy, and insight to every case we take on here at Rubenstein Law’s Boston office. Even though it’s legal work, it’s also personal work. This is why it matters who you choose as your lawyer when filing a car accident lawsuit in Boston. We strive to get you results and provide support through this chapter in your life by empathizing with your situation and offering the best representation possible.

Questions to Ask a Boston Car Accident Lawyer

Car accidents can cause a lot of stress during the weeks and months following the wreck. You may have to miss work, undergo medical treatments, and manage tons of insurance paperwork. With so much to keep track of, it’s a lot easier on you to have a Boston car accident attorney working on your case for you. By asking the following questions, you can be sure you are getting the best possible car accident attorney for your situation.

1. How long have you practiced law?

Asking about an attorney’s legal experience and years of practice is vital to ensure that you have a skilled lawyer. An experienced attorney can guide you on the best legal strategies for your case and give you peace of mind knowing that you’re in capable hands. For example, a recent law school grad may need help to handle a large-scale case, while an attorney with decades of experience knows the ins and outs of car accident law.

2. What types of cases do you specialize in?

It’s essential to find out if the attorney has dealt with similar cases as yours before. If they specialize in car accident cases, they’ll have access to resources and contacts to help build a strong case for you, such as investigators, medical experts, and car accident reconstructionists.

3. Will other attorneys work on my case?

This question helps you understand the firm’s size and capability in handling your case. A larger firm often means more personnel available to handle different aspects of your case, such as evidence gathering, case law research, strategy development, or settlement negotiations.

How they answer the question lets you know if more lawyers will be available in the event that your case goes beyond settlement negotiations and into the trial phase.

4. How much will my case cost?

Attorneys may charge hourly rates or a contingency fee. The average hourly rates personal injury lawyers charge range from $100 to $400 per hour, depending on the case type and the attorney’s experience level.

Some lawyers have a contingency fee agreement that allows you to pay only when you win your case, and it will be a percentage of your final settlement amount.

Request quotes upfront to avoid unexpected costs or make payment arrangements with your attorney.

5. Do I need any documents or information before our consultation?

Some attorneys may want you to submit certain documents before meeting with you. The information may include police reports, medical records, insurance policies, and employment records. This is to help them understand the main facts of your case before they give you their opinion. To be prepared for a meeting with an attorney, ask beforehand what kind of information they may require, whether the discussion is in-person or virtual.

6. What is your approach toward settlement negotiations?

Attorneys use varied methods in negotiating settlements with the parties involved in a car accident case. Some lawyers prefer mediation because it can be a less adversarial way to resolve a dispute. Mediation allows the parties involved in a case to meet with a neutral third-party mediator to find a mutually acceptable solution. It can be less time-consuming and less expensive than going to trial.

Other lawyers prefer going to court and having a judge or jury decide the outcome of a case. Litigation can be necessary when negotiations or mediation fail to resolve the issue. A court case allows the parties to present evidence and arguments in a formal setting, and a ruling by a judge or jury can provide a final, enforceable decision.

However, litigation can be time-consuming and expensive, and the outcome can be uncertain. Therefore, Boston car accident lawyers may pursue litigation only when it’s best for their client’s interests.

Make sure you know what strategy they will aim for before signing up with them as legal representation.

7. Will I need expert testimony or witnesses at trial or during settlement negotiations?

The purpose of expert testimony is to provide the court with specialized knowledge and insights to help support the facts you are presenting. The expert can help clarify complex technical, scientific, or medical information, which is often crucial in determining the outcome of a case.

For example, expert witnesses in a severe car accident case which resulted in a traumatic brain injury can include:

• Neurologists
• Neurosurgeons
• Rehabilitation specialists
• Traffic safety experts
• Accident reconstructionist
• Automotive expert
• Forensic toxicologists

The benefit of an attorney with access to expert witnesses is that they can testify on your behalf and help secure a successful outcome.

How to Find the Right Car Accident Lawyer

Imagine driving home from work when a distracted driver slams into your car, resulting in serious injuries. You require medical care and financial reimbursement for your recovery, but the idea of navigating the legal system adds to your stress. How do you find an experienced car accident attorney in Boston to help you? Here are some tips that will get you started on the right path.

1. Research Your Options

Start looking for lawyers with experience handling car accident cases. Ask friends, family members, or co-workers for recommendations. Once you have a list of potential candidates, read reviews online. You can find reliable customer reviews on the following platforms:

• Google Reviews
• Yelp
• Martindale-Hubbell
• Avvo
• com

Additionally, visit the attorney websites to gauge their track record of success. Look at the settlements and verdicts they have won. Also, check for any disciplinary actions or past suspensions by the Massachusetts Bar Association.

The Board of Bar Overseers (BBO) is another valuable resource. The organization oversees the conduct of lawyers in the Commonwealth of Massachusetts. The BBO is responsible for investigating and evaluating complaints against lawyers in Massachusetts, ensuring that attorneys comply with ethical standards and the rules of professional conduct, and imposing disciplinary action when necessary. The BBO also assists in providing information to the public regarding the licensing and regulation of lawyers in the state.

2. Consider Their Availability

An experienced car accident attorney will be available to answer your questions and respond to any concerns promptly. Look for car accident attorneys who offer 24/7 customer service, provide free consultations and have on-site staff who can take care of administrative tasks quickly.

3. Look For A Legal Team

Access to a legal team is critical when dealing with complex cases such as car accidents. Ask whether the attorney will work alone or involve other attorneys to provide comprehensive representation, such as researching legal precedents or preparing court documents. A typical team includes Boston car accident lawyers, paralegals, legal secretaries, and administrative staff. The more people a law firm has working on your case, the better your chances of a favorable outcome.

4. Research Possible Contingency Fees

Most car accident lawyers work on contingency fees, which means they only get paid if you win your case. For instance, if you settle for $10,000, the attorney may charge a third or 33.33% of that amount, which is $3,333.33. Contingency fees do not require any up-front payment for legal services, meaning you don’t have to pay anything out of pocket. When the settlement funds come in, your fee will be taken out first and you will receive the rest of the compensation to cover expenses such as medical bills, transportation to medical appointments, and home care assistance.

You may also encounter flat fee arrangements. The attorney charges a set fee to handle a particular legal matter, regardless of the time and effort required to complete the case. The flat fee covers all services related to the case, including legal research, document drafting, and representation in court if necessary. This fee structure is typical of straightforward car accident claims.

An example of a straightforward car accident case where an attorney would charge a flat fee might be where the driver who caused the accident is clearly at fault, and their auto insurance company is willing to pay for the damages.

In certain situations, attorneys may charge hourly fees or upfront retainers. The hourly billing can average between $100 and $400. Before signing any agreements, know how much the legal services will cost.

5. Don’t Sacrifice Quality For Cost

It’s natural to want an affordable car accident lawyer who will stay within your budget but remember: never sacrifice quality for cost! The best way to ensure you receive top-level legal representation is to find an experienced car accident lawyer in Boston. A low-cost attorney may need more experience in car accident cases, lack the resources and staff to handle complex cases, or may spread themselves too thin by taking on too many claims. They may cut corners to save time and money, harming your case. If you end up with a much smaller settlement because you did not hire a quality lawyer, the money you saved in fees (and more) will likely be lost in your final outcome anyway.

6. Find Someone With Good Communication Skills

Make sure that whoever you choose has good communication skills. They should be able and willing to answer any questions you may have. A lawyer that values open communication keeps clients informed during each stage of their case, from filing paperwork through settlement negotiations. You will never wonder what is going on with your case or worry that things aren’t proceeding in a positive fashion.

7. Check Credentials and Certifications

Common types of credentials and certifications for Boston car accident lawyers include:

• Massachusetts Bar Association Certification
• Board Certification
• Memberships in Professional Organizations (e.g., Boston Bar Association)

Check their website or online profile to check if a car accident attorney has the necessary credentials, certifications, and licenses. Many attorneys list their credentials and certificates on their websites or other online platforms, such as LinkedIn.

You can also check with the Massachusetts Bar Association to ensure the car accident attorney is licensed to practice law in the state. Additionally, you can check with the relevant certification or credentialing organization to verify the attorney’s certification status. Some examples of credentialing organizations for Boston car accident lawyers include the National Board of Trial Advocacy and the American Board of Professional Liability Attorneys.

What to Expect: Car Accident Injury Compensation

You can receive financial relief if you suffer a severe injury in a car accident. But what exactly is meant by compensation? In the legal world, it refers to money or damages awarded to a car accident plaintiff due to negligence or wrongdoing. A financial award gives you access to the resources you need to recover and get back on your feet.

Let’s look closer at what those with car accident injuries can expect for compensation.

Types of Compensation

There are four types of compensation that car accident victims may be eligible for: economic damages, non-economic damages, punitive damages, and wrongful death damages.

Economic damages refer to any tangible losses incurred due to the personal injury claim. Examples of monetary recovery can include:

• Property damage to the vehicle
• Medical expenses, including emergency care, hospitalization, surgeries, medications, and rehabilitation
• Lost wages and income due to missed work or inability to work
• Loss of future earning capacity
• Home modifications or accommodations due to permanent disability
• Transportation costs for medical appointments
• Insurance deductibles and out-of-pocket expenses
• Rental car or alternate transportation expenses while the vehicle is repaired or replaced

Non-economic damages refer to intangible losses. Though harder to measure than economic damages, non-economic damages resulting from an injury can still be available in specific situations. For instance, you could receive payments for the following:

• Pain and suffering, including physical pain and emotional distress
• Loss of enjoyment of life or the inability to participate in activities you previously enjoyed
• Disfigurement, scarring, or permanent disability
• Loss of companionship or consortium, which refers to the impact of the injury on personal relationships, such as the loss of a spouse or child’s parental guidance
• Emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD)
• Loss of reputation or humiliation may apply to cases where the injury results in public exposure or embarrassment

Punitive damages are on rare occasions awarded as punishment for particularly egregious negligence or wrongdoing. In the case of a serious car accident lawsuit, punitive damages could be granted in the following scenarios:

• Drunk driving or driving under the influence of drugs
• Reckless or aggressive driving
• Intentional actions that lead to a motor vehicle accident, such as road rage or purposely hitting another vehicle or pedestrian
• Gross negligence or willful misconduct, such as driving a car that is known to be unsafe or ignoring traffic laws

Wrongful death damages in a Boston car accident lawsuit compensate the surviving family members for their losses due to their loved one’s death. These damages may include:

• Funeral and burial expenses
• Medical expenses incurred before the decedent’s death
• Loss of financial support that the deceased person would have provided to the surviving family members
• Loss of services that would have been provided, such as household tasks or childcare
• Loss of companionship and guidance, which refers to the emotional support, love, and guidance that the lost loved one would have provided to the surviving family members
• Pain and suffering experienced by the injured person before death could also be recoverable as a separate claim known as a survival action

Factors That Impact Compensation Amounts

The amount of compensation someone is eligible for depends on several factors, including where they live, how serious their injuries were, whether intentional negligence was involved, and the resources available through insurance policies and other potential sources.

Though it is impossible to predict an amount in an article like this, because so many factors influence the final outcome, speaking with a seasoned attorney should help shed light on the potential outcome of your particular case.

Connect With a Car Accident Injury Lawyer Today

Have you been injured in a Boston car accident and don’t know where to turn? Rubenstein Law is a well established personal injury law firm with offices in the Boston area and over 30 years of experience helping our clients get the compensation they deserve. We have achieved billions of dollars in settlements and verdicts for our clients, so you can trust your motor vehicle accident case will be handled with care. Plus, we provide free case evaluations, as well as operate on a contingency fee basis, so there is no cost to you unless and until we win your case.

We have a team of operators available 24 hours, 7 days a week to take your call. Don’t suffer from the financial burden and the stress of your car accident any longer. Rubenstein Law has the resources and experience to assist you every step of the way. Let us represent you so you can focus on healing and moving on with your life.

Contact us for your free consultation today. We are here for you during these difficult times. Don’t wait another day.

Have you or someone you love experienced a brain injury due to the negligence of someone else in the Boston area? Call the brain injury attorneys at Rubenstein Law. We may be able to help you get compensation.

A brain injury can take place following any kind of accident. If you are involved in an accident, you should always make sure that a physician evaluates you for potential brain injuries. Seeking immediate medical attention after an accident will also strengthen your legal claim should you choose to file one.

Many people are unaware of the multiple impacts that a serious brain injury can have on every area of their life. If you suffered a brain injury and need legal guidance, call us. A Boston brain injury lawyer from Rubenstein Law can review your case to help determine if you are entitled to pursue financial compensation.

Where Do Traumatic Brain Injuries Commonly Occur?

Every day, whether you know it or not, you encounter hidden hazards that could put you at risk of incurring a brain injury. Commuting to and from work, walking around a city park, getting your afternoon workout in, or even just running your day-to-day errands, an accident that could change the rest of your life can take place in the blink of an eye.

In a densely populated city like Boston, there are countless options when it comes to work, shopping, dining, and recreational activities. There are some places, however, that come with a heightened risk of receiving a traumatic brain injury.

Places a Boston brain injury accident could possibly take place include:

• Gyms
• Interstates and highways
• Amusement parks/Theme parks
• Water parks/Trampoline parks
• National parks
• Retail outlets, strip malls, and shopping malls
• Public spaces, such as parks and libraries
• Private property
• Your place of employment

If you sustained a brain injury in Boston or the surrounding area, reach out to the Boston brain injury lawyers at Rubenstein Law today for a free consultation.

About Traumatic Brain Injuries

A traumatic brain injury has a direct impact on the brain and the way it functions. In fact, scientists have found that even an ostensibly minor injury to the neck or head could have a major effect on the brain and the way it operates. It is not unusual for brain injury victims to not even realize they have been injured until symptoms begin to manifest and become too much to take.

Since the human brain is a crucial part of a person’s central nervous system, any disruption in its function, especially one caused by a serious injury, could result in a permanent disability and change every aspect of how the victim feels, functions, and behaves.

Traumatic brain injuries vary widely in their severity as does their impact on a person’s life. Although minor brain injuries can result in inconvenience and pain in the short term, more severe injuries could mean irreparable long-term effects and impairment to the injured person.

Brain injuries are grouped into one of two different categories: closed and penetrating. Both types of these injuries qualify as traumatic brain injuries, but the presentation of symptoms can be dramatically different. No matter what kind of injury is involved, any physical damage to a person’s brain will have a negative impact on their life and their future if they do not receive prompt and proper medical care. 

Closed Brain Injuries

In a closed brain injury, an external force causes a non-penetrating injury to the skull. They are caused by a rapid backward or forward movement, like in a car accident, or shaking of the brain, like with Shaken Baby Syndrome. This results in bruising as well as tearing of the blood vessels and brain tissue. These injuries often develop over time and are not usually immediately obvious after an accident, but they can still be life-threatening.

Some examples of closed brain injuries are:

• Contusions
• Diffuse axonal injury
• Hemorrhage
• Hematoma
• Concussions

Penetrating Brain Injuries

A penetrating brain injury, also known as an open head injury, is a type of traumatic brain injury caused by an external force or object piercing the skull and exposing brain matter. Penetrating brain injuries are visible and immediately apparent.

Common examples of penetrating brain injuries are:

• Stab wounds
• Gunshot wound
• Blunt force trauma
• Other debris or objects penetrating the skull

Accidents That Can Lead to a Traumatic Brain Injury

A traumatic brain injury is a preventable injury that usually stems from certain types of accidents. Our brains are particularly vulnerable to extreme changes in momentum and force. In many serious brain injury cases, the person involved is unable to adequately brace themselves against the impact or protect their neck and head from whatever outside source is involved.

Whether or not the individual in question faces a high probability of a serious brain injury will depend on several different factors, such as their age and their current health condition, the magnitude and direction of the external force, the location of impact on their body, as well as the severity of the accident itself.

Any type of accident can result in a traumatic brain injury, but here are the most common accidents that can lead to traumatic brain injuries:

Motor Vehicle Collisions

Accidents that involve any kind of motor vehicle, cyclist, or pedestrian are the leading cause of traumatic brain injuries. Car accidents typically involve a great deal of force due to the speed and size of an automobile. Although penetrating brain injuries can be caused by these accidents, closed brain injuries are much more common here.

Trip/Slip and Fall Accidents

When a person slips, trips, or falls due to an unforeseen occurrence, like a slippery floor, they often hit their head on the ground or a nearby object. The forceful impact of their head on an unyielding surface places the person in danger of sustaining a traumatic brain injury.

Animal Attacks

Many people think that being bitten is the worst thing that can happen if you are attacked by a dog or another animal. However, studies have shown that falling due to being dragged or pushed causes an increased risk of damage to their brains, necks, and heads.

Blasts and Explosions

TBIs are commonly associated with the injuries endured by war veterans that were caused by the aftermath of bombs and other explosive devices. Although bombs are not routinely detonated in the greater Boston area, there are a variety of situations, such as a gas leak, that could cause an explosion that leads to brain injuries.  

Recreational Activities

Sporting events and other recreational activities, like riding ATVs, boating, ziplining, rafting, and skiing, can all lead to accidents that cause traumatic brain injuries. Children and teenagers face a heightened risk of receiving a recreation-related brain injury.

Objects or Debris Striking the Head

Any scenario that involves loose debris or an object hitting you in the head could cause a brain injury. The seriousness of the injury will depend mainly on the size and speed of the object along with where on your head the impact occurred.

Medical Procedures

If a patient experiences anoxia or hypoxic ischemia while they are under anesthesia, even the smallest delay in returning respiratory and support can lead to brain injury. Brain damage caused by a lack of oxygen can occur in as few as 60 seconds and lifelong damage will follow in just a few minutes. If you feel like you are experiencing symptoms of a traumatic brain injury after a medical procedure, such as surgery, your surgeon, nurse, or another healthcare provider may have been negligent with your care and be directly responsible for your injury.

Job Site Accidents

Warehouses, construction sites, factories, oil rigs, logging camps, and other job sites are very dangerous places. Large machinery, heavy materials, and loose cargo put workers at an increased risk of experiencing serious injuries, especially brain injuries. If you were injured while on the job and are showing signs or symptoms of a brain injury, you might be entitled to pursue compensation.

Working with a Boston brain injury lawyer will ensure that you collect the full amount of financial compensation you need to cover your damages. Call us today for a free consultation.

The Cost of a Traumatic Brain Injury

A traumatic brain injury will have a serious effect on a person’s overall abilities, health, and general well-being. The consequences of a traumatic brain injury will not only be extremely expensive but they also come with many personal costs from which some people may never recover. 

The impacts of a traumatic brain injury often catch victims off guard. Although most expect some hardships and inconveniences caused by their injury, they normally underestimate the effects that their injuries will have on their daily lives and their ability to enjoy life at all.

Financial Impacts

For TBI survivors, the medical expenses for their treatment and care are quite high. This is one of the biggest reasons why those who have suffered a brain injury struggle to find enjoyment in life after their accident. The financial burden is so high that it causes a nearly unbearable amount of stress.

Brain injuries are often slow to develop and, over time, can lead to the development of other conditions and complications that demand long-term care. The medical expenses will be even greater for serious brain injuries requiring long hospital stays and physical therapy. Many look to their insurance companies to cover these costs, but they usually max out their coverage because their damages exceed the policy’s limitations. This leaves a lot of brain injury survivors with mountains of medical bills but no ability to pay them.

Physical Impacts

In some cases, TBIs cause permanent disabilities. The area of the brain impacted by the injury can affect a person’s ability to function normally and see to their own daily needs. A TBI can also affect a victim’s speech, mobility, motor skills, and thought processes. Rehabilitation and therapy will almost certainly be necessary and extremely difficult. Most brain injury victims have to work exceptionally hard just to make little bits of progress in their recovery, hoping to eventually gain back some of the skills, abilities, and strength they lost in the accident.

Physical impacts of a traumatic brain injury could involve:

• Paraplegia/Quadriplegia
• Recurring headaches and general discomfort
• Hydrocephalus
• Problems with hearing and vision
• Memory loss
• Seizures
• Vertigo
• Loss of ability to reason
• Unable to concentrate or focus
• Inability to make proper decisions or exercise good judgment

Emotional and Psychological Impacts

The correlation between mental health conditions and TBIs has gained a lot of attention in recent years. These injuries change the chemical composition of the victim’s brain, resulting in drastic changes to their behaviors and mood. Those who have suffered brain injuries often exhibit feelings of frustration and find it hard to keep their actions and impulses under control the way they did before their accident.

Common emotional and mental conditions caused by TBI include:

• Anxiety
• Depression
• Mood disorders
• Aggressive behavior
• Panic disorders

A TBI is a serious, life-changing injury. If you feel you may have sustained a traumatic brain injury in an avoidable Boston accident due to someone else’s negligence, you might be wondering what symptoms to look out for and what rights you have under Massachusetts law.

What Are the Symptoms of a Traumatic Brain Injury?

The minutes that follow an accident are confusing and chaotic. When this combines with panic and a serious surge of adrenaline, it is easy to see why many accident victims fail to realize they are injured. They commonly mistake the “dazed and confused” feeling as a culmination of events rather than indications of a brain injury. If you don’t feel right at any point after an accident, please get immediate medical care to rule out any potentially permanent or life-threatening complications.

Warning signs to look out for after an accident that can indicate a traumatic brain injury include:

• Impaired senses
• Loss of consciousness
• Out-of-body sensation
• Issues with memory and focus
• Sudden onset of anxiety or depression
• Sharp mood swings for no apparent reason
• Chronic headaches
• Fatigue
• Insomnia or other sleep issues
• Gastrointestinal issues and nausea
• Seizures
• “Pins and needles” feeling in extremities
• Weakness
• Problems with coordination
• Impaired speech

Remember that TBIs manifest themselves differently from person to person. If you start to experience troubling symptoms days or even weeks after an accident, they are most likely related to the accident. Never assume you are medically in the clear just because a day or two has passed without incident. A traumatic brain injury can grow slowly and get worse as time passes. The sooner you can seek medical intervention, the better your chances for recovery.

Can You Fully Recover After a TBI?

It is impossible to predict how your recovery is going to go after a traumatic brain injury. Moderate to severe injuries can have permanent impacts and effects that last for years into the future. Even minor traumas, like mild concussions, could take weeks or months to fully heal. Some brain injury sufferers never heal. Brain injuries can cause permanent disability and damage. The recovery and healing process often takes years and requires dedication to treatments and therapy in order to improve or regain lost abilities and functions.

What Compensation is Available for a Traumatic Brain Injury Victim?

TBIs can have a lasting effect on your ability to enjoy your life and do the things you once loved to do. The damages sustained in an accident that causes a traumatic brain injury are usually demanding and hard to handle. The amount of financial compensation that you are able to pursue for your damages will hinge primarily on the degree of your injuries and how they are anticipated to affect your life in the years to come.

Normally, people with a TBI focus solely on their direct medical costs and how they are going to pay them. Legal damages in a negligence action, however, reach well past the monetary losses you encounter. A brain injury lawyer can help you ensure that you collect not just the damages related to your current medical care, but for your future medical expenses and the wages you would have earned in the future as well. You may also have a right to collect for your pain and suffering.

Damages in a traumatic brain injury accident may involve:

• Lost wages and lost future earning capacity
• Current and projected medical expenses
• Diminished quality of life
• Pain and suffering
• Wrongful death damages if a family member dies from TBI

Work With an Experienced Boston Brain Injury Lawyer 

At Rubenstein Law, we work hard to protect our clients from the harmful actions of negligent parties. If you sustained a traumatic brain injury in a negligence-based accident, you could be eligible to seek compensation and recover damages under the law. The majority of accidents that involve traumatic brain injuries are caused by the negligent actions of one or more people.

Our staff and our team of Boston brain injury attorneys will work with you to protect your rights and defend your best interests after a traumatic brain injury accident. We know the obstacles you are facing and what needs may arise in the future due to your injuries. We will fight for the maximum amount of compensation allowed by law for your injuries and other damages. The sooner you speak to a qualified brain injury lawyer from Rubenstein Law, the more likely your personal injury case will have a successful resolution.

What Should I Do if I Think I Have a Traumatic Brain Injury?

If you are involved in an incident that causes you to sustain a TBI, the first thing you should do is seek prompt medical attention. After you have been diagnosed and learned what treatments you require, you can focus on defending your rights. Massachusetts law affords us the opportunity to pursue financial recovery from the liable party for your damages.

Contact the Boston brain injury lawyers at Rubenstein Law by calling (800) 77-LEGAL for a free review of your potential brain injury case. Our personal injury lawyers will examine the circumstances surrounding your accident, evaluate the evidence, and go over all possible avenues for compensation.

If you have been injured by a vehicle while riding your bicycle, you may be entitled to compensation for your damages. Contact Rubenstein Law for a free consultation to see how we can help.

A bicycle accident can happen due to a variety of things. Some examples include a motorist, a poorly maintained roadway, a passenger opening the door of a parked vehicle, distracted pedestrians, and numerous other potential hazards.

Bicycle accidents have the potential for severe consequences such as damage to your bike, serious injuries, exorbitant medical expenses, and lost income. If you were injured in a bike accident due to another party’s negligence, Massachusetts law allows you to pursue financial damages from the at-fault party by way of a personal injury lawsuit.  An injured person should work with an experienced Boston bicycle accident attorney to help them recover full and fair financial compensation after being involved in a Boston bicycle accident.

Boston bicycle accidents are almost always extremely harmful. If you were recently injured in a Massachusetts bicycle accident, it is important that you speak to an experienced bicycle accident lawyer you can depend on. Our Boston bicycle accident lawyers can help you calculate your appropriate damages and draw up a demand letter to the person or persons responsible for your bike accident. In the event that we need to go to trial, we will not hesitate.

Call Rubenstein Law for a free consultation today.

Common Causes of Bicycle Accidents in Boston

The majority of bicycle accidents are caused by the motorists with whom bicycle riders share the road. Motorists most often cause accidents due to inattention, distraction or negligence. Here are some common causes of Boston bicycle accidents:

Improper Lookout

A lot of bicycle accidents are the result of drivers failing to keep an appropriate watch for riders. These drivers might turn their vehicle into a cyclist who is riding beside them because they neglected to check their vehicle’s blind spots.

Following Too Close to Cyclists

Drivers attempting to pass a cyclist commonly underestimate how far away they are. If a driver does not leave enough space between their vehicle and the cyclist when passing, they can force them off the road or limit the amount of room they have to maneuver, making it impossible for the rider to avoid hazards such as debris and potholes.

Obstructions in the Bike Lane

Bike lane obstructions are another serious hazard for cyclists. Riders are permitted to leave designated bike lanes in order to circumvent parked vehicles, open manhole covers, and construction work. When they do so, however, drivers need to reduce their speed and increase the amount of space they give cyclists. When a driver fails to leave enough room or does not allow a bicyclist to momentarily share their lane, they put everyone in danger.

Dooring Accidents

Another common cause of Boston bike accidents is when someone inside a car opens their door without looking, causing the rider to slam into it. Failing to look before you open a car door into a cyclist could constitute an act of negligence, and the cyclist could pursue a personal injury lawsuit.

Common Boston Bicycle Accident Injuries

Bicycle accidents can leave cyclists with severe and even fatal injuries. The main reason that bicycle accidents are so serious is because bikes offer no protection. Even in full protective gear, a cyclist has little more than gloves and a helmet between them and the asphalt or motor vehicles. Bicycle accident injuries can vary from minor to catastrophic, and often require costly medical treatments.

If you were recently injured in a Boston bicycle accident, you may have sustained injuries ranging from contusions and lacerations to traumatic brain injuries or spinal cord damage. Bicyclists are often ejected from their bikes on impact, which results in additional injuries. When these accidents take place, there are usually other vehicles on the roadway. If there is even a moderate amount of traffic during an accident, the rider could be in danger of being run over by other vehicles. Needless to say, things get complicated very fast.

Even if the injuries you sustained in a bike accident seem fairly insignificant, it is crucial that you seek immediate medical attention. There are many bicycle accident injuries that do not manifest until several days or even weeks after an accident. By the time you become aware of them, not only will it be challenging to definitively link your injuries to the accident for the purposes of your personal injury claim, but your condition may worsen without initial care. This is why it is always a smart idea to seek prompt medical care and hire a reputable Boston bicycle accident lawyer.

Steps to Take After a Boston Bicycle Accident

Immediately following a Boston bicycle accident, there are a few steps you can take in order to protect your right to fair compensation. First and foremost, you should notify the police immediately and, as previously discussed, seek medical care. It is also a good idea to speak with any bystanders that might have seen what happened.

After police officers arrive on the scene, they will write up a crash report that details the events leading up to the accident. This police crash report could be an invaluable source of information to your Boston bicycle accident lawyer if you decide to bring a suit against the at-fault party. You can request a copy after the accident, or we can help you get it after you hire our law firm to handle your case.

Don’t be surprised if the negligent driver attempts to dissuade you from calling 911 after a bicycle accident, particularly if the incident appears inconsequential. It is, of course, in your best interests to notify police after a Boston bike accident. Never let a negligent driver tell you otherwise. They are simply trying to avoid any repercussions for the behavior.

Next, if your injuries allow, take pictures or video of as much of the scene as possible. These will be especially useful if the at-fault driver tries to flee before police arrive. Talk to potential witnesses and write down their contact details. Your Boston bicycle accident lawyer will contact them in the coming weeks to give statements that will strengthen your claim against the at-fault driver.

You also need to seek prompt medical attention. It is essential to your case to have medical records starting immediately following the accident. These records will be useful as evidence in a personal injury lawsuit against the negligent driver.

Massachusetts Statute of Limitations on Civil Injury Claims

According to Massachusetts law,  the statute of limitations for a Boston bicycle accident case is three years. In other words, plaintiffs have three years from the day of their accident to bring a legal claim. If this deadline lapses before a claim is filed, they will be barred from collecting any compensation whatsoever. There are always exceptions to this rule, depending on the unique circumstances of your case. That’s another reason why it is so important to contact an attorney as soon as possible after the accident.

Before they have enough confidence in a case to file a complete claim, lawyers often require months of advanced preparation and research. They also must collect evidence, and draw up briefs and complaints before a claim can be filed. Contacting an attorney too close to the statutory deadline will restrict your attorney’s ability to do their job to the best of their ability and will ultimately impact your ability to recover compensation.

When those with injuries take a lot of time to file a claim, it can also give the appearance that their injuries are not related to their accident or that they are not really serious enough to warrant damages. You should act quickly after being injured in a Boston bicycle accident. The longer you wait to contact an attorney and file a lawsuit against the at-fault party, the harder it is going to be for you to recover compensation for your losses.

Common Evidence in a Boston Bike Accident Case

It is important to furnish strong evidence if you want to achieve a successful resolution to your bike accident case. Videos or photographs of your injuries and damage to your bicycle as well as to any of the vehicles involved, along with testimonies from eyewitnesses can all serve as powerful evidence. It is equally important to show medical documentation of your injuries and that you have been following your doctor’s instructions regarding your recovery.

As time passes, the people who were involved in or who witnessed your accident will probably forget essential details about what they saw. Physical evidence like skid marks on the blacktop or the condition of your bicycle could also change or vanish altogether. When you reach out to a Boston bicycle accident lawyer right away after the accident, it allows more evidence to be collected and preserved, and sets the case up for a favorable outcome.

When you react early in the process, our Boston bicycle accident lawyers are able to send letters to businesses in the area, other motorists, or the defendant themselves in order to conserve any dash cam or surveillance camera footage that may have caught part of your accident. They will also ask for photos of the accident scene from the defendant so they can be preserved for the discovery stage of any potential trial.

You will also need proof of any injuries you sustained in the accident. This is a standard component in every personal injury case. Your lawyer can help you gather your medical bills, receipts, and other evidence that will show the court what damages you incurred and how much they cost you.

Proving Negligence

In order for those injured in bike accidents to win their lawsuits, they will have to show that the at-fault party, known as the defendant, was negligent in some regard. In bike accident cases, negligence is usually demonstrated as negligence per se by proving that the defendant violated a law intended to keep cyclists safe. For instance, a driver who was intoxicated or who ran a traffic light could be held liable for the accident because it was directly caused by their traffic violation.

A fair share of bike accidents are not the result of a specific transgression behind the wheel but of other reckless or unsafe driver behaviors. For instance, it is perfectly legal to play your car’s stereo while you are driving, but if a driver has a brand new stereo that they don’t know how to operate and all of their attention is focused on this one task, their distracted driving could cause a serious accident.

After you establish that the defendant was in the wrong, you then must prove that their negligence or recklessness was the direct cause of your accident. Proving that your accident would not have taken place but for the defendant’s actions is usually enough to demonstrate that they caused the accident. If, however, the defendant is able to show that you would have had an accident despite their actions, then they did not legally cause your accident.

Finally, in order to pursue compensation, you have to prove what damages you incurred. This is usually the easiest to prove since it can generally be shown by providing medical records, proof of lost wages, etc.

Reach out to one of the bicycle accident lawyers at Rubenstein Law for help building a compelling case. Having proper legal representation costs you nothing out-of-pocket and will help you gain a much more favorable outcome for your situation.

Massachusetts Comparative Negligence Laws

Although your bicycle accident injuries may have been caused by someone else’s negligence, not all Boston bicycle accident lawsuits are straightforward. Massachusetts abides by the law of comparative negligence, which can greatly influence the overall amount of compensatory damages you are awarded. Comparative negligence laws are just one of the many reasons you should work with an experienced personal injury attorney if you plan to sue the driver who caused your Boston bicycle accident.

Massachusetts’ laws regarding comparative negligence states that if the plaintiff is assigned a percentage of fault for their accident, any award they receive can be reduced.

Most often, this law affects cyclists who were not wearing a helmet when their accident took place. In Boston, bike riders who are 17 and older are required to wear a helmet. Comparative negligence laws could impact your claim if you were not wearing a helmet during the accident and received a traumatic brain injury.

There are many other ways that comparative negligence laws can apply to bicycle accident cases, so hiring a qualified Boston bicycle accident lawyer is paramount to the outcome of your case and your financial future as well. Our personal injury lawyers can use their vast experience and considerable resources to categorically prove that your percentage of fault, if any, does not exceed the defendant’s.

Compensation for Boston Bike Accident Damages

Plaintiffs injured in serious bicycle accidents typically accumulate a lot of damages. These damages are proven during negotiations to establish how much financial compensation the injured person may be entitled to. The insurance company is more likely to settle for a reasonable amount if you can prove all of your damages.

Certain damages, called economic damages, are easy to quantify. Some common examples of economic damages related to bike accidents include:

• Medical bills
• Lost wages
• Diminished future earning capacity
• Property damage

These damages become much more challenging to work out if future damages are involved as well. For example, if you sustained a serious back injury and are no longer able to perform your previous job, you might be forced to look for a new job that pays less because it is less physically demanding. In this case, you could be entitled to claim anticipated medical bills and future lost wages. Your lawyer can work with financial experts in order to help calculate these anticipated damages and provide proof of their value during settlement negotiations and if necessary, in court.

Other damages, known as non-economic damages, are considerably harder to calculate. These damages are personal and emotional, with no affixed, inherent value. A few examples of non-economic damages related to Boston bike accident lawsuits include:

• Pain and suffering
• Decreased quality of life
• Loss of fellowship

State law says that the economic damages must be greater than $2,000 before you can claim non-economic damages.  

Every case is unique, so that is why it is best to have an attorney review your case and determine its overall value. This is why we offer a free consultation with our Boston bicycle accident lawyers.

Talk to Our Boston Bicycle Accident Lawyers Today

If an insurance company is trying to undervalue or devalue your claim, a personal injury lawyer is able to file a lawsuit and, if necessary, go to trial. To learn more about not falling victim to a greedy insurance company and receiving proper legal representation from our Boston personal injury lawyers for your bicycle accident, call (800) 77-LEGAL today and schedule your free case review. The Boston bicycle accident lawyers at Rubenstein Law are available to help so you can focus on healing.