Bicyclist hit by automobile suffers head injury

Marlborough, Massachusetts man suffers head injury when hit by car

A gentleman, who lived in Marlborough, MA, was riding his bicycle from Marlborough to Hudson when he was involved in a crash suffering a head injury and now a displaced clavicle fracture.  The claimant was rendered unconscious for a short time, waking with no memory of how the accident took place.

The accident was investigated by the Hudson Police who determined that there was no contact between the motor vehicle and the bicyclist; and therefore, ruled that it was the bicyclist fault.  The automobile operator denied coming in contact with the bicyclist and there was an independent witness who said there was no contact.  The insurance company denied liability.

After a lawsuit was initiated and depositions were taken, it was discovered that the police officer and the automobile operator were friends and the accident happened as a result of the driver illegally passing the bicyclist and then forcing him into a curb.

The case was successfully resolved in the bicyclist’s favor for $67,500.00.

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Out of State truck accident injuries

Hudson, Massachusetts couple injured in out of state truck accident case

Hudson husband and wife were injured while operating a motor vehicle in Maine, when a logging truck veered into their lane of travel striking the motor vehicle and injuring both the husband and wife, as well as other passengers.

In 2007, this couple along with relatives were vacationing in Maine operating a motor vehicle when suddenly a logging truck lost control and veered into claimants’ motor vehicle significantly injuring all passengers.  There were four claims in total against the operator and his company.  The injuries included both physical and mental distress, and injuries resulting in the operator’s continued fear in driving a motor vehicle.

This case was able to be resolved successfully when the insurance company agreed to pay out the full policy to all four claimants for their respective injuries.

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Hit by car while crossing the street

Marlborough, Massachusetts man hit by car while crossing the street case

Involves an elderly gentleman and veteran who was out for his daily walk in the City of Marlborough, MA.  He was struck and injured by a woman driving her car, who failed to observe him while crossing the street.

This gentleman was an active, healthy and avid walker.  He was out on a daily walk, when he was crossing Pleasant Street in the City of Marlborough, when he was struck and injured by a woman who negligently operated a motor vehicle, who went through the intersection without realizing he was crossing the street.  This claimant suffered a serious injury to his shoulder and had to be taken to the hospital where he was treated and released.  He ultimately suffered a significant restricted range of motion in his shoulder and he was no longer able to perform many of his regular activities, including playing golf.

The defendant’s insurance company, maintaining a hard-line position suggesting that the claimant walked into traffic without first observing the oncoming vehicle; and as such, refused to offer any settlement.  Suit was filed against the defendant operator.  It was clear in the course of the deposition of the defendant that she was not paying attention to him and ultimately causing the accident. This case was successfully resolved for the full policy limits of $100,000.00.

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Motorcyclist hit by car out of state

Motorcyclist from New Hampshire was hit when riding his motorcycle in Florida

When out for a day of recreation, this young man was struck and injured when a teenager operating his parents’ motor vehicle ran through an intersection striking him and the motorcycle and causing permanent significant injuries to the claimant.

This New Hampshire gentleman had ridden motorcycles most of his life and worked as a lineman throughout the country.  In 2008, he was working in Florida for a period of time and, while off duty and on the weekend, he was riding his motorcycle when he was suddenly struck and injured by a teenage driver. Complicating this case was the fact that the claimant, who had very little recollection of the actual incident, was knocked unconscious and had to be treated at the local hospital.  While his recovery was slow and painful, he ultimately was transferred to a Worcester, MA rehabilitation hospital where he slowly regained mobility and awareness.

The insurance company had uncovered an independent witness who stated that it was the claimant who negligently operated his motor vehicle through the intersection.  Despite this witness, with proper investigation, the insurance company ultimately agreed that the teenage boy was at fault for this accident and they resolved the case in plaintiff’s favor in the amount of $1,250,000.00.  The claimant was able to buy a home in his home state of New Hampshire, where he presently resides.

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Motorcyclist suffers a fractured leg

Marlborough, Massachusetts motorcycle accident injury case

The claimant was a Marlborough police officer who was injured when riding a motorcycle, when he was struck due to the negligent operation of another motor vehicle.

This Marlborough man had been a long-standing member of the Marlborough Police Department.  He was assigned to motorcycle duty, when while on duty, he was hit by a motor vehicle operated by another Marlborough, Massachusetts man.  The claimant was struck when the defendant failed to properly stop at an intersection; he failed to properly recognize that there was oncoming traffic.  The injuries to this Marlborough police officer were significant in that he fractured his leg in several parts and was required to undergo hospitalization and extended physical therapy.  Although this officer made a good recovery, his injuries were permanent and long lasting.

A lawsuit was brought against the negligent operator who was initially responsible.  A settlement was obtained in excess of the policy limits and a compromise of the city lien against the file resulting in a successful resolution of this case.

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Hit by car in crosswalk resulting in death

Hudson, Massachusetts wrongful death case

Claimant was an elderly gentleman who was injured and ultimately died as a result of being struck while crossing the street in Hudson, MA.

In 2008, a Hudson man was walking on Main Street in Hudson when he came to an intersection and began crossing in the crosswalk.  Suddenly and without his awareness, a driver operating a motor vehicle came around the rotary in the center of Hudson, proceeded north, and struck the client while in the middle of the crosswalk.  He was thrown forward and ultimately hit his head.  He was taken to the nearby Marlborough Hospital and then transferred to a Worcester Hospital where he remained for a period of time before he was discharged to a rehabilitation hospital.  Ultimately, this elderly gentleman passed away due to injuries that were alleged to have been sustained in that accident.

Suit was filed against the first driver who was alleged to have failed to use care in the operation of his motor vehicle and struck the decedent while in the middle of the intersection.  The defendant’s insurance company denied they were in any way negligent and suggested and stated that the decedent was not in the crosswalk, he was not paying attention while crossing the street.

Through depositions and formal discovery, it was determined that there was another vehicle that was in part responsible for the first vehicle’s negligence:  thus, as a result another party was added to this case.  Despite both companies denying any involvement and/or negligence, the case was successfully resolved for the maximum policy against the first driver and a significant contribution from the second driver.  A Medicare lien was settled and resolved.  The beneficiaries of the decedent’s Estate received proceeds from the settlement.

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Slip and fall on patch of ice

Hudson, Massachusetts Slip and Fall injury case

In 2008, a Hudson woman was returning home from work in the late afternoon.  She parked her car in her usual parking spot and was walking across the parking lot when she slipped and fell on a patch of ice that had been covered by the recent snowfall.

A claim was submitted on her behalf against the condominium association for their failure to properly maintain and safeguard the grounds of the association.  Specifically, it was alleged that the ice that had formed was a recurrent problem caused by improper drainage causing what was a dangerous condition for all owners and visitors on the property.  Through proper investigation, it was discovered that the flow of water and the formation of ice in the parking lot was a serious condition, which actually was hidden with the recent fallen snow.

The insurance company immediately denied the claim based on Massachusetts law that does not allow for recovery unless there is an unnatural accumulation of snow and ice.  Through investigation, a witness, who was a police officer, who was called to the scene reported that the parking lot was a sheet of ice such that it made it difficult for all emergency personnel to respond to the accident.

The case was successfully resolved in the client’s favor in the amount of $75,000.00.

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Pedestrian hit by automobile

Marlborough, Massachusetts personal injury case

In 2009, an avid runner who was out for her daily jog, was crossing an intersection in the City of Marlborough, MA when a motor vehicle suddenly, and without warning, made a left-hand turn in front of her and struck her as she was three-quarters across the road.  This client rolled up over the automobile and then fell to the pavement below fracturing her front teeth and her wrist.

The client refused medical treatment initially, but then sought treatment from a dentist who recapped and repaired the teeth.  Later the client sought treatment from an orthopedic doctor for complaints related to her wrist.

The insurance company initially defended the case based on no negligence and limited damages.  The case was resolved in the client’s favor for the amount of $22,000.00.

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