Concussions are brain injuries caused by trauma to the head, usually associated with motor vehicle collisions, sports injuries, and falls. In addition to blunt trauma, concussions can also occur when the brain is “jostled around” in the head. For example, the brain may move back-and-forth in the head during a violent, high-impact car crash even if the head remains untouched. Concussions are often classified as “mild” brain injuries because they are usually non-fatal. However, complications arising from concussions can be extremely serious.

Emergency departments see more than 2.5 million concussion and traumatic brain injury (TBI) patients every year, according to the Centers for Disease Control and Prevention (CDC). The most challenging aspect of treating a concussion, and identifying the exact cause, is that concussions often don’t appear for days, weeks, or even months following the injury. This is why it is so important to get immediate medical attention following a high-impact accident, or one involving direct trauma to the head. Symptoms can be temporary, or they can be permanent.

Concussions and Car Crashes

More and more employers are using workers’ contracts to quietly strip workers from bringing lawsuits against them. In one of the most recent, and highest profile examples, Uber drivers have effectively signed away rights to sue the transportation-technology giant. Uber’s workers’ agreements have included an arbitration clause since at least 2013, which says that drivers must resolve legal disputes through arbitration rather than bring a lawsuit against the company. However, the impact of this clause hasn’t been particularly evident until recently, when a federal appeals court ruling put a potential $100 million class action settlement at risk.

In 2014, two California-based Uber drivers alleged that the company violated federal credit reporting laws. Both drivers filed lawsuits. In 2015, a U.S. District Court judge ruled that Uber could not force the plaintiffs into arbitration, calling it “procedurally and substantively unconscionable, and therefore unenforceable as a matter of California law.” Of course Uber appealed this decision, and the Ninth Circuit Court of Appeals panel overturned the ruling. As a result, the plaintiffs in the cases above will be forced into arbitration, removing their option for a class action lawsuit. This decision also impacts multiple pending lawsuits, and inevitable future lawsuits, against Uber. If you’re concerned about a workers’ contract you have signed, or are considering signing, contact a skilled MA lawyer today.

Hundreds of Thousands of Uber Drivers May be Affected

Last year, Uber agreed to pay a $100 million settlement, which would have been spread out to about 400,000 drivers in Massachusetts and California. But the settlement was rejected for being too small; the drivers could have won more than $850 million at trial. If Uber files a motion to apply the Ninth Circuit ruling to the pending case above – which it likely will – its success will mean that only drivers who opted out of the arbitration will be eligible for a payout. This would effectively exclude all but a few thousand of the 385,000 drivers included in the class action.

Compulsory arbitration is typically bad for the little guy and good for the company – in this case, Uber. In fact, arbitrators have a hidden motivation to be gentle with the big fish because large businesses are often involved in disputes and will continue to have a need for arbitrators. It doesn’t take a genius to figure out that big companies can benefit from hiring arbitrators who typically decide in their favor.

The arbitration clause in Uber’s workers’ contract is intended to protect the company from being sued by its drivers for injuries and property damage. For example, if a driver hits a pedestrian because she was looking at the Uber app to determine her next ride’s location, she can’t sue Uber for damages. If you’ve been injured in any type of accident, work-related or not, contact a Boston injury lawyer today. Continue reading

When multiple vehicles are involved in an accident, whether 3 or 103, determining blame can sometimes be challenging. Liability depends on what – and / or who – caused the accident, and if factors such as bad weather, speed, or alcohol played a role. In many multi-vehicle collisions, experts must recreate the accident through a process called accident reconstruction to determine who is to blame.

The vast majority of motor vehicle accidents are caused by negligence, and many multi-vehicle accidents are caused by multiple counts of negligence. For example, if car A is speeding on wet roads and hydroplanes, crashing into car B, it seems logical that car A is at fault. But what if car B failed to see car A approaching because car B’s driver was texting? As a result, car B crashes into car C. If the driver of car C is injured and claims to have seen the driver of car B texting while driving, the driver of car B could be partially liable, even though the initial accident was caused by car A. Determining fault in a multi-vehicle collision can be an extremely complicated process, especially when large pile-up accidents occur. If you’ve been injured in an auto accident, contact a Boston injury attorney today.

In multi-vehicle accidents, drivers at the front are often asked how many bumps they felt. In a three-car collision, for example, if the front driver felt one impact, it is likely that the rear car is at fault. However, if the front driver felt two impacts, it is more likely that the middle car hit the front car, then the rear car hit the middle car, causing the second impact. In this case, the middle car will likely take the blame. However, the rear car – and even the front car – can be liable under certain circumstances.

How Does Accident Reconstruction Work?

Following a multi-vehicle accident, accident reconstruction experts are often called in to examine the evidence, including the number of “bumps” felt by vehicles at the front of the accident, and witness statements. In addition, experts will use police reports, photographs of the scene and damages, and statements from the drivers to determine fault. If multiple people are found liable, the next step is to figure out who pays, and how much each person is responsible for. Contact a MA auto accident lawyer today.

Comparative Negligence or Contributory Negligence?

Some states use comparative negligence to determine what percentage of damages a responsible party will pay, while other states use contributory negligence.

• Comparative: When the driver is found to be at least 25 percent at fault, any damages recovered will be reduced by that amount.
• Contributory: When the driver is found to be even one percent at fault, they cannot recover any damages.

In Massachusetts, we have a modified version of comparative negligence. MA uses the 51 percent rule, which means the driver can only recover if they were less than 51 percent at fault. If the driver was 51 percent or more at fault, they cannot recover any damages. In addition, the damages recovered will be reduced by the driver’s share of the blame. For example, if the driver was 15 percent at fault for the accident and was awarded $100,000 in damages, the total payout would be reduced by 15 percent and the driver would receive an award of $85,000. Continue reading

Deciding when it’s time to hang up the keys for good can be an emotionally-challenging process for elderly parents and their children alike. For the driver in question, giving up the keys can signal a loss of independence and freedom. But if driving has become dangerous, it’s in everyone’s best interest. If you are concerned that your elderly loved one is no longer safe behind the wheel, it’s important to step in. Avoiding the conversation can result in serious consequences, including injury or death. In certain cases, you can even be on the hook for your elderly parent’s auto accident.

Age alone doesn’t affect our ability to drive, but many aspects of aging do. There are 80-year-olds with clear vision, excellent cognitive abilities, and exemplary physical health who may continue driving safely for years, and there are 60-year-olds with poor vision, severe arthritis, and multiple prescription meds who should have stopped driving years ago. The ability to drive safely after a certain age has to be determined on a case-by-case basis. That being said, according to the CDC, “fatal crash rates increase noticeably starting at ages 70-74 and are highest among drivers age 85 and older.” Considering that there are nearly 36 million drivers over the age of 65 on the road today, this is a real problem. If you’re concerned about an elderly loved one’s driving, contact a Boston auto accident attorney today.

Does Massachusetts Impose Restrictions on License Renewal for Older Drivers?

In short, yes. In MA, if you are 75 or older, you have to renew your license in person, and the RMV will conduct unsafe driver investigations if requested. Also, after age 75, you must renew your license in person every five years. At these in-person renewals, a free vision test will be conducted. If indications of driver impairment are present, a written test and / or a road test may be required. If certain impairments are present, that doesn’t necessarily mean that the license renewal will be denied. The RMV may place restrictions on the license, based on the observed impairments. Examples of these restrictions include:

• No driving at night
• Driving only while wearing glasses or corrective contact lenses
• Driving a vehicle equipped with an adaptive device
• Only driving a vehicle with automatic transmission

But Can I Be Liable?

In most cases, you will not be liable for an elderly parent’s accident. However, if you loan your car to an elderly parent or loved one, and you should have been aware that he or she was no longer a safe driver, you could be liable under vicarious liability laws, or negligent entrustment. These laws typically pertain to parents who loan their car to a child, but it can be the other way around under certain circumstances. Your liability if your parent is driving his or her own car is limited. Chances are, you won’t be liable. But – and there’s always a but – it’s not impossible. If it can be shown that you were aware of your parent’s impairment, and you knew that your parent continued to drive, you could be liable for negligence. Continue reading

Police are investigating what caused an Uber driver, carrying a passenger, to speed recklessly up a residential street in downtown Boston and wind up crashing through a brick wall of a Beacon Hill building. Nobody was hurt, thankfully, in the incident.  It has been revealed, however, that the Uber driver has multiple driving violations dating back to 1986, with two incidents since 2010, including speeding citations in Avon, Brockton, Middleborough, Milton, Norwell and Roxbury. The driver’s record also includes two incidents of failure to stop in Avon and Dorchester and two additional citations for driving without an inspection sticker.

The driver also had their license suspended “several” times, according to an investigation into the driver’s driving record by WCVB. These suspensions happened once in 2002 and, most recently, the driver avoided a license suspension by paying his fine in time. His most recent infraction happened in 2015 for an improper turn in Watertown.  Uber has confirmed the identity of the driver and his wife confirmed that he had been driving for Uber for about three years. Uber reportedly reached out to the driver for information regarding the incident.

“He was going so fast…at least 70 miles per hour. Straight into the wall,” said one witness to the incident, which rocked the quiet Beacon Hill area of Grove and Pinckney Streets. Police also said that the car was involved in a motor vehicle collision on Cambridge Street, which runs adjacent to Grove Street. The driver has been in multiple motor vehicle crashes prior to this incident.  Uber contacted WCVB after the incident, reporting that the driver passed all the requirements and tests necessary to drive for the company. Uber’s official stance is that drivers must possess a “clean” driving record and must pass a criminal background check, which extends back seven years.

“Potential drivers must provide detailed information, including their full name, date of birth, social security number, driver’s license number, a copy of their driver’s license, vehicle registration, insurance, and proof of a completed vehicle inspection,” Uber’s safety guidelines proclaims. “Individuals who pass the driving history screen then undergo a national, state, and local-level criminal history check that screens a series of national, state, and local databases including the US Department of Justice National Sex Offender Public Website, the PACER database, and several different databases used to identify suspected terrorists.”

So how, then, does a driver, such as the one who barreled through Beacon Hill into a brick wall after getting into an accident, drive for three years under their employment?

Uber remains a gray area

A quick Google search will confirm the unfortunate truth: Nobody is quite certain what to do yet in the unavoidable instance that an Uber driver gets into a vehicular accident. Uber has insisted in the past that any passengers caught up in the midst of an accident should go through their private insurance, but private insurance companies responded saying that they wouldn’t cover such incidents. Continue reading

With age comes wisdom. But other, less desirable changes, also begin to appear as we grow older. Some of these changes can have a negative impact on our ability to drive safely. Minor concerns, such as slightly-diminished vision, can be remedied by wearing driving glasses or by avoiding driving at night. However, some more serious physical and cognitive issues can make driving extremely dangerous. How do you know when it’s time to hang up the keys for good?

A Difficult Conversation

For many people, driving is synonymous with independence, the freedom to come and go as we please. As such, the decision to stop driving can be highly emotional, especially when that decision isn’t initiated by the driver but by a friend or family member. Telling your parent, grandparent, aunt, or uncle that it’s time to hand over the keys can be a traumatic, and anxiety-inducing experience.

But the conversation needs to happen. Many lives are lost every year, in Boston and across the country, because people couldn’t bring themselves to have this difficult conversation with their elderly loved one. In some cases, the driving challenges are strictly related to age, such as deteriorating vision or severe arthritis. However, other issues may be related to medications. Talk to your loved one’s doctor about how his or her medications may affect the ability to drive safely.

Simply being over a certain age does not mean an individual can no longer drive safely. Most elderly drivers are good drivers with a low rate of accidents. Individual circumstances are important to consider. For example, the vision of an 80-year-old man may be significantly better than that of his 55-year-old son. But, in general, our ability to see well and react quickly diminishes over time. For that reason, it is crucial to look for danger signs if you suspect that your elderly loved one is having difficulty driving safely. Watch out for the danger signs below – your vigilance will help keep Massachusetts roads safer for everyone.

Signs of Dangerous Driving Behaviors

• Dents and scratches on the vehicle
• Loved one becomes easily lost, even in familiar areas
• Complaints from other people
• Loved one has lots of “close calls”
• Sudden increase in traffic tickets
• Loved one seems frustrated, angry, or agitated after driving
• Loved one has difficulty judging distance between vehicles, or on exit and entrance ramps on the highway
• While driving, loved one becomes easily distracted or has difficulty concentrating

In some cases, simply changing driving habits may solve the problem. A good first step is to reduce or eliminate night driving, driving in adverse weather, and driving on the highway. In other cases, taking the keys away for good is the only safe option. The most important thing is to have the conversation with your loved one before it is too late. Continue reading