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Worcester Personal Injury Law Blog

Hours of service regulations apply to truck drivers

Readers of this Massachusetts personal injury blog may have experienced the following scenario. After fueling up and packing their car for a road trip, they begin their drive with excitement and a sense of adventure. However, after hours behind the wheel and the night quickly approaching, they begin to feel the fatigue of someone who has been operating a car for too long.

Driving while tired is arguably a form of distracted driving and a threat to all people on the roads. While individuals may find it easy to stop once fatigue sets in, content to begin their travels after some rest, commercial drivers often have delivery deadlines to meet that may push them to operate beyond when it is safe. For this reason, the Federal Motor Carrier Safety Administration has implemented regulations on how long commercial drivers may operate each day.

State trooper hit by vehicle while assisting disabled motorist

Each day, Massachusetts State Troopers work to keep communities safe and to render aid to those who are in need. They put their lives on the line to make sure that others are out of harm's way and work long hours to offer assistance when called upon.

Recently, a trooper in Stoneham was on Interstate 93 doing these duties when a terrible accident occurred. The trooper was out of the police cruiser and helping a driver whose car had become disabled when a second car hit the trooper's cruiser. The collision caused the trooper to be struck by one of the involved vehicles and to suffer back and neck injuries. They were taken to a local hospital for treatment, and their condition is unknown at this time.

How quickly must a wrongful death claim be filed?

After suffering the unexpected death of a loved one, the members of a Massachusetts family may find it hard to think about filing a lawsuit against the party or parties who caused their relative to perish.

They may wish to take their time to grieve and learn how to move their lives forward. These emotional steps are important, but those who may have wrongful death claims to bring should be aware of the timeline by which their cases may be filed in court.

Introducing your child to a doggy guest

You will have a doggy guest in your home soon. Maybe the canine belongs to a human overnight guest, or you are participating in a fostering program. Whatever the case is, it is a good idea to have a plan to introduce your child to the doggy guest for both of their sakes.

Here are some ways to start.

Contributory negligence can impact motorcycle accident claims

Negligence is an important legal concept on which many personal injury claims are based. A person is generally considered to have acted negligently if their conduct differs from what a reasonable person would have done in a given situation. For example, if a Massachusetts resident speeds in their vehicle, runs a red light or otherwise causes an accident with a motorcyclist, they may be found to have acted negligently, since a reasonable person would not have, for example, sped or missed the traffic signal.

If a person is found to have been negligent in a civil personal injury case, then their victims may be able to seek compensation for their losses that arose out of the person's actions. In cases where motorcyclists are injured while on the roads, many victims can prevail in court if they can demonstrate that other drivers acted negligently. However, Massachusetts recognizes as an additional negligence concept that can impact victims' abilities to recover their damages, and that concept is contributory negligence.

Seek legal counsel after suffering an animal bite injury

A pet can deeply enrich a Massachusetts resident's life. The ever-present wagging of a dog's tail and the gentle rubbing up of a cat against a person's legs can put a smile on a person's face even after they have had to endure a long, grueling day. Domestic animals can be found in many Worcester homes and yards. Thankfully, most people's family pets are generally well-behaved.

However, it is not uncommon for a news story to depict the unpleasant details of an animal encounter that went very wrong. Animals that attack can cause harm to humans can put them at risk for illnesses and long-term injuries. A victim of an animal attack may wonder if they caused the animal to take on such an aggressive posture or if there is anything they can do in the wake of sustaining serious animal attack injuries.

Injuries from car accidents can take on many forms

A minor car accident can leave a victim with bumps and bruises while a serious accident may cause a victim to suffer paralysis, brain injury or even death. This post will examine some of the common types of injuries that vehicle accident victims may sustain in collisions, but readers of this Worcester personal injury blog are asked to seek independent medical and legal advice as this post provides general information only.

Starting at the top of a victim's body, the head can endure a variety of types of trauma due to the impact of a car accident. When the head is thrown forward in a crash it may collide with window, steering column or dashboard, all of which may result in a concussion or other brain injury for the victim. The impact of a victim's head into a hard surface can also cause bruising and a fracture of the bones of the face or skull.

Should I settle my motorcycle accident claims?

After sustaining injuries in a motorcycle accident, a victim may not want to jump into what may become a lengthy legal battle. They may be tempted to accept a settlement offer put forth by the party that caused their harm and to simply release that party from any further responsibility for the losses they caused to the victim. While settlements can sometime serve the interests of Worcester motorcycle accident victims, readers are cautioned that settlement in these cases is not always the best course of action.

All personal injury cases, including those arising from motorcycle accidents, should be reviewed by personal injury attorneys who fight for victims' rights. A settlement may provide a victim with what seems like a large sum of money, but in some situations, a victim may later discover that their personal injury losses are significantly more than what they received.

4 apps that prevent texting while driving

Distracted driving has become one of the most common ways car accidents occur. While most people associate distracted driving with texting while behind the wheel, it can involve doing anything that takes your hands from the steering wheel or your eyes from the road. 

There are many ways to circumvent distractions while driving, but if you cannot seem to keep your hands off your phone, then you should look into downloading a safety app. Many apps are on the market that prevent you from using your phone while traveling above a certain speed. 

Grounds on which a wrongful death claim may be based

Earlier this month, this Worcester personal injury legal blog offered an informative post about the use of a breach of warranty claim as the basis of a wrongful death lawsuit. This post will follow up on that article by briefly introducing the other two claims on which wrongful death suits may be based: negligence and reckless or wanton conduct.

A wrongful death claim based on negligence is similar to a general personal injury claim based on negligence in that it was that failure of the responsible party to use reasonable care that led to the victim's injury or death. When a person fails to meet their duty of care to their victim and that victim dies they negligence may be the cause on which the lawsuit may originate.

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