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Worcester Personal Injury Law Blog

Filing a civil action following a dog bite

Owning a pet is a fairly common practice across the nation. Domesticated animals, such as a dog or a cat, are not only viewed as a pet or a companion. To some, a pet is like a family member. No matter what a pet means to an individual, however, the reality is that a pet owner is responsible for their pet. This goes beyond providing the animal adequate care. It means being responsible for one's pet, whether that means paying for damage the pet causes to the property of others or when a pet bites or attacks another.

Being bit or attacked by a dog can be a very emotional event. Because people often equate dogs with friendly and cuddly, it can be a very scarring experience. Additionally, the injuries that result can be severe. A person could experience lacerations, bruises and even disfigurement. At the Law offices of Bailey & Burke, our attorneys understand how traffic animal bites can be. Thus, we are dedicated to helping victims of animal bites in the Worcester area.

An attorney can be an asset in a truck accident case

Accidents that happen on Massachusetts roads can range from annoyances to life-changing events. While some who are involved in collisions are able to walk away from their ordeals, others may spend the rest of their lives coping with the devastation that their accidents imparted upon them. Accidents with large trucks and commercial vehicles can be especially damaging and can leave victims unsure of where to turn.

A truck accident victim may be barely into their recovery before they receive communications from the trucking company involved in the crash. They may receive notices regarding possible settlements of their potential claims, or they may be pushed to respond by arbitrary deadlines that force them to act without sufficient time to weigh their options. These tactics can be stressful and unnerving to individuals who have dealt with serious accidents, and victims should not have to confront these matters alone.

When negligent pet owners blame victims for their pets' attacks

A responsible pet owner is generally a person who understands and meets the needs of their animal, trains their pet to act appropriately when around others, and who uses appropriate control devices, such as leashes, fences and collars, to ensure that their pets cannot annoy or harm others whether they are in their homes or out in public. Incidents happen, though, where Worcester residents come into contact with domestic animals that are not properly under the control of their owners. When animals attack, it is often the fault of their owner for allowing the incident occur.

From time to time, however, a victim's actions may play a role in the instigation of an attack. Provoking or harassing an animal into action may suggest that a victim prompted the animal to attack. A negligent pet owner may pose this defense to a victim's allegations if the victim attempts to sue for their animal attack-related losses.

After the crash, do not post on social media

When you are behind the wheel, you should stay off your phone. Your chances of being in a wreck increase if you try to post something on Facebook or Twitter while driving. 

However, it is also a good idea to stay off social media before you receive money from your insurance company for the car accident. The things you post on Facebook can come back to hurt you if the incident goes to court. You should not post anything related to your injuries, your insurance company's settlement offer or details about your communication with your attorney. 

What is a traumatic brain injury?

Even when a motorcyclist takes extreme precautions to protect their health and safety, they can still suffer significant injuries if they are struck by negligent vehicle drivers. One of the most serious injuries that a Massachusetts motorcyclist may sustain in a vehicle-motorcycle collision is a traumatic brain injury. These types of injuries can cause lifelong pain and suffering and can affect victims' quality of life for years.

A traumatic brain injury happens when a person suffers a significant blow or jolt to their head, or when a person suffers a penetration injury. Blows to the head are common in motorcycle accidents, where a victim may hit their head on a moving vehicle, on the ground or on any number of other hard surfaces that may be near them when they are hit. A penetration injury is one where something pierces into a person's brain, such as a stray shard of glass from an accident.

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.

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