Posts made in April 2016

Jury members and judges are supposed to keep their emotions out of settlements in the courtroom. We don't let them.

The Power of Infuriating a Courtroom

Years ago I sat through a criminal trial where a judge threw the book at two young men who casually murdered a house cat.

That’s not what the charges read for the case. Officially, they were tried for an armed robbery case. There were no animal cruelty charges in the trial. The two men allegedly held up a corner store, then piled into an old car to get away. Right after they left the store the passenger aimed his gun out the window and shot someone’s kitty cat that was lounging on a porch.

Like I said, officially they were tried for the hold up, but it was clear that what really motivated the judge to issue the maximum sentence was knowing that they killed that cat.

There’s a lesson for us in the personal injury world. Most people absolutely despise people who text behind the wheel. If someone causes a car accident while texting, a judge or jury may respond differently than they would to a driver who reached down to pick up a CD off the floor boards.

This is an example of the human factor coming into law and impacting court results in way not intended by the law, unless there is a specific law that distinguishes texting while driving from other forms of distracted driving. It’s not supposed to work that way, but in practice it does.

It’s often irrelevant what distracted a driver. They could have been looking at birds or just not paying attention. The opposing counsel doesn’t have to prove what distracted the driver, but that they drove negligently. Drivers have an obligation to look at the road ahead of them, read street signs, obey traffic lights and leave space between vehicles. That is the most important thing to prove.

But if we can prove they were texting, we will. That involves subpoenaing the phone company’s meta data on when texts were sent from the other driver’s phone. We know that texting while driving can infuriate a courtroom and help our case. Even if we don’t plan to take the case to trial, we know opposing counsel or the insurance company will make a more generous settlement to avoid risking a wrathful courtroom.

Don't waste any time calling a lawyer if you've been hurt in a car accident

Distracted Driving Lawsuits – Why Victims Need To Contact a Lawyer Within 10 Days

After going through a serious car accident, most people naturally want to focus on healing and are not focused on their future distracted driving lawsuit. Some people need time to recuperate or may be stuck in a hospital bed for months. Family members may need to care for the victim at home. Survivors of fatal accident victims will need time to mourn. Many of these people will struggle to figure out how they’re going to pay their bills with one less paycheck coming in.

Because of the unexpected tragic nature of these issue, it’s common for people to put off contacting a lawyer. That’s a big mistake when filing a distracted driver lawsuit or any other kind of personal injury lawsuit.

You really want to contact an attorney as soon as possible. Not only are there potential deadlines to file legal documents, but as time passes it becomes harder to gather evidence to demonstrate what caused the car accident. Skid marks fade, damaged cars get destroyed. Witnesses scatter to the wind.

Say you were struck by someone who was texting while driving, it is important to pursue distracted driving lawsuits within 10 days. The victim’s attorney can subpoena the phone company for a record of when texts were sent from that phone. If the crash happened on a highway 10 miles from the nearest exit and the driver who caused the crash was alone in the vehicle, and the driver’s phone had sent messages every 30 seconds right up to the crash, that’s a great piece of evidence for distracted driving. That helps the distracted driving lawsuits and cases remarkably.

But there’s a hitch. The phone company usually deletes text message data 10 days after it is sent. It’s expensive for the company to store that much information. Some companies wait 30 days, but most wipe the information in 10 days. If the victim waits too long to call a lawyer that evidence is lost in distracted driving lawsuits.

We fully understand how a personal tragedy can dominate someone’s priorities and that people need time to grieve. No matter what your situation is, if you do need to contact an attorney, you should to do so immediately to best protect your family and loved ones. It won’t be the disruption that you may imagine it to be, and what’s more, It’ll allow you to concentrate on your family while someone else handles the legal issues.


Helping Train Accident Victims

If your life has been changed after being injured in a train accident, the lawyers of Colucci Colucci Marcus & Flavin, PC, are here to help. We represent people who were involved in train-car collisions and other types of accidents involving trains.If you wish to speak to a lawyer about your accident in a free consultation, please call our law office at (617) 698-6000.

What Caused Your Train Accident?

One of the first steps we will take is to determine what caused your accident and who is responsible for causing it. Some common causes of train accidents include:

  • Faulty train crossing arms
  • Faulty equipment
  • Failure to maintain train tracks
  • Failure to remove overgrowth by trees and shrubs that block train crossing signs
  • Poorly trained or negligent conductors
  • Derailments

Our investigation may prove that negligence by a train company, conductor, engineer or other party caused your accident.

What Makes Us Different?

Quite frankly, there are no lazy attorneys in our office. We all work hard, and we all work together to seek the best possible results on your behalf. If you are seeking an attorney who will work tirelessly on your behalf, you have come to the right place.

Many lawyers spend most of their time behind a desk completing paperwork. Our attorneys spend significant time out in the real world, seeking evidence to support your claim. We go to the scene of your accident, take photos, gather surveillance video (if available), track down eyewitnesses and take other actions to build an effective case on your behalf.

Questions? Contact Us For Honest Answers.

We invite you to contact our law office to schedule a free train accident victim consultation. Simply complete our online contact form to reach one of our responsive, aggressive and highly experienced lawyers.

We do not have information on the cause of the crash in Weymouth

What the tragedy in Weymouth needs to remind us

The recent tragedy in Weymouth really underscores just how dangerous driving can be.

Who knows why their car veered off the road and struck a utility pole, but those teenagers lives are forever changed. My heart goes out to all of them, especially the family of the young girl who was killed.

Again, I don’t know what happened and I’m not casting aspersions that are baseless, but parents need to reinforce that texting and driving is a fatal combination. I’ve seen people who simply cannot resist the impulse to look at their phone when it sounds with a message. It’s become Pavlovian.

The problem is obvious, however, in that it takes the driver’s attention off the road ahead. Texting and driving is an epidemic that will cost people dearly. Please be mindful of this and act accordingly. In certain instances, there simply will be no second chance.

Crosswalk accidents don't always turn out how you first thing. Always take down their information

Always play it safe after you’ve been hurt

I was speaking to a client yesterday and he told me that his mother was hit by a car while in a crosswalk. He then told me that she never took down any information from the driver because she “ didn’t think she was hurt badly.”

It’s now been several months and she very much regrets that decision because her pain an limitation has gotten progressively worse.

This happens often and I have a theory on it: I think that when someone is involved in an accident their adrenaline is pumping and the first thing we as humans do is take a quick inventory. In other words: Am I bleeding; did I break anything; can I walk; etc. If all seems well, we want to ignore what just happened and hope that everything is ok.

The truth is that you really don’t know what you will ultimate feel. Once the adrenaline subsides and the you relax pain and problem often sets in. Even then, people think that they’re just sore and it will pass. But it’s very difficult to discern between expected soreness and injury.

The best thing to do in these situations is to be on the safe side. Just jot down the other person’s name, address, phone number, and license plate (provided it’s a car accident). If you go home and truly do feel ok, go about your life and thank God that it wasn’t more serious. But if you do wind up feeling badly or learn that you actually were injured, you’ll be in a better position to pursue due compensation.

Are you sure your car is fully insured?

Fairly often, a client will tell their lawyer that they have great coverage and are fully insured, only to find out later that they have the bare minimum of insurance conceivable.

Would you happen to have a copy of your DEC page. 1 page document that everyone gets when they get car insurance. It tells your coverages are. It says whether you have $20,000, $50,000 or $100,000 coverage or a $1 million. If they have their DEC page with them that would help me, because very very often I say to someone. Do you know what kind of insurance you have? oh I’m fully covered, I have great insurance. It turns out they have the bare minimum of insurance conceivable. most people really don’t understand.

The difference between good insurance and “bad” insurance is nominal money. You could pay another $40 and get hundreds of thousands of dollars of coverage, but people don’t grasp that and they just want cheap coverage.