Service vehicles that cross state lines are governed by federal safety regulations, while those that travel within Massachusetts are subject to state safety codes. Federal rules from the Federal Motor Carrier Safety Administration (FMCSA) often receive the most...
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Employer Liability for Distracted Driving Accidents in Massachusetts
Under certain conditions, a business can be held financially responsible if a worker causes a crash while sending a work-related text. The law holds the employer responsible for accidents caused by their staff while on the clock. The concept of vicarious liability for...
How the Consent to Settle Clause Can Affect Your UIM Claim
If you have been seriously hurt in a car accident and the other driver's insurance is not enough to cover your losses, you may be counting on your own underinsured motorist settlement in Massachusetts to fill the gap. But there is a hidden procedural rule in your auto...
When Does Texting While Driving Cross the Line Into Gross Negligence?
When a texting driver causes a serious crash, the legal consequences should match the recklessness behind the wheel. Under state law, gross negligence in Massachusetts texting while driving cases carries far greater legal weight than ordinary carelessness, and that...
When Rental Truck Companies Can Be Held Liable for Accidents
If you or a loved one were struck by a rented box truck in Massachusetts and are wondering whether you can sue a rental truck company in Massachusetts, the short answer is: yes, it may be possible, but a federal law called the Graves Amendment creates a significant...
Using Underinsured Motorist Coverage in Catastrophic Claims
Head-on collisions are among the most dangerous. If you or a loved one was involved in a head-on car accident, finding out the at-fault driver only carried minimum insurance can feel like a second blow. Finding out your policy’s underinsured motorist limits in...
How to Appeal a “Standards of Fault” Determination to the Merit Rating Board
If you receive a Surcharge Notice from your insurance company placing you more than 50% at fault for a collision, you have the right to appeal that decision to the Board of Appeal after a car accident. Many drivers assume the insurance adjuster conducted a deep...
Blocking Defense Attempts to Move Your Route 2 Accident Case to Federal Court
When you are injured in a crash on the Johnny Appleseed Highway, you expect your legal case to happen where the accident happened. However, if you were hit by an out-of-state truck driver or a tourist, you might receive a confusing legal document called a "Notice of...
Protecting Your Settlement When Insurers Blame “Degenerative” Pre-Existing Conditions
You are recovering at home after a car accident. The initial shock has faded, but the pain in your back or neck has not. You follow your doctor's orders, go to physical therapy, and try to get back to your daily routine in Clinton or Worcester. Then, you receive a...
Why the “Natural Accumulation” Defense No Longer Protects Worcester Landlords
If you live in Worcester, you know that winter here is not just a season; it is an endurance test. Between the steep hills near Elm Park and the triple-deckers lining the streets of Vernon Hill, walking safely during January and February requires serious attention....
