Posts made in March 2015

Legal factors at play in a truck accident

We often talk about the complexities of truck accidents, the various factors that make a truck accident different from a more traditional car accident. But hearing about these factors and knowing what they are and how they play into a claim are very different things. It is important to understand why consulting with an attorney is so important in truck accident cases. Having the in-depth knowledge required to understand all of the issues could be the difference between a successful claim and going home empty-handed.

First of all, truck drivers must receive special licensing in order to operate the large vehicles. If you were involved in an accident in which the driver was not licensed to drive the vehicle, you could have a very easy claim on your hands. Secondly, the driver must have been granted the opportunity for adequate amounts of rest. If the driver’s employers gave him unreasonable hours, then the company may be liable for your injuries; this is especially a concern for truck drivers heading through a large, populated city like Boston.

In addition to the well-being of the drivers, the well-being of the trucks must also be taken into consideration. Unlike most drivers, truck drivers are not always directly responsible for the upkeep of their trucks. If the trucking company has been negligent in their upkeep of the vehicle, they could be liable for your injuries.

These are just some of the many different legal factors that affect the outcome of a truck accident claim. In order to prepare the best case possible to get the compensation you deserve, it is recommended you speak with an attorney.

Texting and driving has become a scourge within the Commonwealth

Colucci, Colucci, Marcus & Flavin recently handled a case for an older woman who sustained serious injuries when he bicycle was struck by a 17 year old motorist who admitted to the police that he was unlocking his phone at the time of the accident. The firm quickly and vigorously prosecuted this personal injury case on behalf of the plaintiff who required numerous surgeries as a result of the impact. Within 4 months the firm successfully convinced the defendant’s insurance company to resolve the matter. Managing partner Darin Colucci mediated the matter to an ultra-successful conclusion, obtaining $1.5 million dollars for his client. The firm is now looking to donate a portion of their fee toward a program that provides bicycles and safety equipment for needy children.

Massachusetts residents injured in fatal crash

We recently mentioned that severe weather conditions are contributing to accident, but the weather fluctuates, and it is not always so cold as to freeze roads. With this in mind, it is important to remember that just because the weather is not extreme does not mean that there are no dangers on the road. Even in normal weather, the roads are still a dangerous place, and any number of factors could contribute to a devastating car accident.

One such accident occurred recently in Rhode Island, when a young man allegedly caused an accident while driving the wrong way down I-95. The young man has been charged with drunken driving, which may have contributed to his car crashing into an oncoming pickup truck. The accident claimed the life of his passenger, and caused serious injury to one of the two Massachusetts residents in the pickup truck. The young man driving the other vehicle escaped with non-life-threatening injuries.

It is an unfortunate but necessary risk that nearly all people must take at some time or another. We cannot simply stop driving; we still have to go to work and buy groceries, but being on the road automatically makes you at risk for accident. Even if you are a defensive driver who has never been ticketed or gotten into an accident, you cannot control the other drivers on the road. What you can control is what happens after the accident.

If you or a loved one is injured in a car accident, you will likely be facing large unexpected medical costs. You should not have to pay for the negligence of another, which is why the law allows you to recover compensation for your injuries. A successful lawsuit can ensure that the person who caused the accident pays for the fallout, not the person who was victimized.

Source: Boston Herald, “Police: 1 killed, 3 hurt in wrong-way Interstate 95 crash,” March 8, 2015

Nursing homes may not be the best place for your loved one

As our loved ones grow older, they begin to require specialized care that we cannot provide both because we lack the expertise and we lack the time. This is why many people choose to trust the care of their elderly loved ones to a nursing home. In a nursing home, residents can receive the specialized care they need from medical professionals while also enjoying recreational activities with others of their age.

Unfortunately, even though we expect nursing homes to give us the peace of mind of knowing that they are being well cared for, this is not always the result. Some nursing home employees abuse their positions and mistreat their patients. Others take advantage of the elderly?s weakened physical state to sexually abuse them. Depending on the circumstances, you may not even know it is happening.

Much like victims of domestic abuse, nursing home residents who are being abused may be too frightened to report their abuse for fear that the harassment will get worse. For certain elder individuals, depending on the nature of their medical concerns, they may literally be unable to report the abuse. Of course, physical and sexual abuse are not the only issues that a nursing home resident might face.

We expect that the medical professionals working at a nursing home will provide top-notch care for our loved ones, but for one reason or another, they may not, even in a city like Boston. Dehydration or malnutrition are other types of abuse that nursing home residents may suffer. Visit our webpage for a more comprehensive list of nursing home abuse issues.

All of this is not meant to frighten you or discourage you from entrusting the care of your loved one to a nursing home, but instead to make you aware of the issues that your loved ones could face. It is important that you check up on your loved ones regularly and discover how they are being treated in their new home. If you believe that they are being mistreated, we can help you build a case against the nursing home and recover compensation for your loved one?s suffering.

Hip replacements can be product liability issues

We often talk about how product liability claims can apply to any product with a design or manufacturing flaw that directly causes an injury, but many people still are not sure if they have a valid product liability claim. Defective smoke detectors and appliances are common causes of product liability claims, but did you know that a hip replacement can also be an issue of products liability?

Some people might think that hip replacements are a medical malpractice concern, and while there are certainly instances in which your hip replacement could be a medical malpractice issue, this is not always the case. Sometimes your medical professionals do everything right, and you still suffer injuries following your hip replacement surgery. In these instances, your injuries are likely the result of a defect in the design or manufacturing of the hip replacement product.

The advent of metal hip replacements was supposed to bring with it more reliability and durability, but it also brought unexpected injuries such as metallosis. Some poorly designed hip replacements fail shortly after surgery, requiring patients to undergo additional surgery in order to fix the problems caused by the failed hip replacement. Boston residents may be familiar with Stryker, the company responsible for the ABG II implants, a company th at often comes up when discussing faulty hip replacements.

If you or a loved one is suffering from complications following hip replacement surgery, it is in your best interests to investigate the manufacturer of the hip replacement and ensure that the product is not defective. If you believe that your hip replacement is faulty, you should consider meeting with an attorney to discuss the merits of a product liability claim.