A day of drinking beer turned tragic on Saturday night after two men who were roughhousing fell out of a moving bus on Route 2. The victims are 31-year-old Thomas Johnson of Gardner, who died from his injuries, and 34-year-old Seth Davis of Winchendon, who sustained serious injuries from the Massachusetts bus accident.
According to police, the two men were on a Colonial Tours charter that had taken them on a daylong pub crawl of several breweries when they fell out of one of the windows on the bus. According to Telegram.com, the 3-foot-10inch-by-2-foot-5-inch window, which opens from the bottom, is located in the bus bathroom. The bus driver reportedly didn’t know the two men had fallen out of the bus, which was carrying over 50 partiers and moving at a speed of 60 mph, and kept on going for several miles.
The Boston Herald reports that Davis’ mother has said that passengers on the bus believe that the bus’s faulty equipment is to blame for the tragic Massachusetts injury accident. Police are investigating the fall incident.
Massachusetts Personal Injury
Massachusetts follows a modified comparative negligence system. This means that an injured party can recover compensation if his/her fault in causing the injury accident is determined to be less than 51%. The victim cannot recover anything if fault is found to be 51% or greater. Also, courts in Massachusetts abide by the common law doctrine of joint and several liability. This means that every defendant in a case is liable for the entire verdict amount regardless of how much each one is determined to be at fault and if one defendant cannot pay, the other defendants are still responsible for covering the whole judgment.
If you or someone you love was seriously injured in an accident, an experienced Boston injury lawyer can help you determine whether you have grounds for a case. In some instances, there may be more than one party who should be held liable.
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UConn Student from Westminster, Massachusetts, Killed by Campus Shuttle Bus, Boston Car Accident Lawyer Blog, March 23, 2011
Bicyclist Hit, Killed in MBTA Bus Accident, Boston Car Accident Lawyer Blog, April 9, 2010