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        <title><![CDATA[Wrongful Death - Marcotte Law Firm]]></title>
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        <lastBuildDate>Mon, 20 Jul 2026 14:56:28 GMT</lastBuildDate>
        
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                <title><![CDATA[Massachusetts bicycle safety called into question after the tragic loss of activist Louisa Gag]]></title>
                <link>https://www.marcottelawfirm.com/blog/what-to-do-if-you-are-in-a-bicycle-accident-in-massachusetts/</link>
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                <dc:creator><![CDATA[Marcotte Law Firm LLC]]></dc:creator>
                <pubDate>Mon, 20 Jul 2026 14:33:26 GMT</pubDate>
                
                    <category><![CDATA[Bicycle Accidents]]></category>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Wrongful Death]]></category>
                
                
                    <category><![CDATA[Accident Lawyer]]></category>
                
                    <category><![CDATA[bicycle accident attorney]]></category>
                
                    <category><![CDATA[bicycle accident lawyer]]></category>
                
                    <category><![CDATA[car accident attorney]]></category>
                
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                    <category><![CDATA[Lowell Attorney]]></category>
                
                    <category><![CDATA[massachusetts lawyer]]></category>
                
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                    <media:thumbnail url="https://marcottelawfirm-com.justia.site/wp-content/uploads/sites/1050/2026/07/Marcotte-Law-Firm-Louisa-Gag-Bicycle-Accident-Massachusetts.jpg" />
                
                <description><![CDATA[<p>On July 9, 2026, 36-year-old Louisa Gag, a transportation planner for the City of Boston and longtime bicycle safety advocate, was riding her bike to work at City Hall. While traveling on Tremont Street near Roxbury Crossing, an intersection that cycling advocates for years flagged as dangerous, she was struck and killed by a truck&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>On July 9, 2026, 36-year-old Louisa Gag, a transportation planner for the City of Boston and longtime bicycle safety advocate, was riding her bike to work at City Hall. While traveling on Tremont Street near Roxbury Crossing, an intersection that cycling advocates for years flagged as dangerous, she was struck and killed by a truck driver and pronounced dead at the scene.</p>



<p>Gag devoted her professional life to preventing <em><strong>exactly this kind of crash. </strong></em></p>



<p>Those who ride bikes or use them for commuting in and out of the city aren’t just frustrated; they are scared.&nbsp;</p>



<p>Before joining the city, she worked for years at <a href="https://www.livablestreets.info/">LivableStreets Alliance</a>, a Cambridge-based advocacy group pushing for safer, more connected streets, and she had co-authored plans aimed at eliminating traffic deaths.&nbsp;</p>



<p>Even so, Gag became another frightening statistic and another example of why <a href="https://www.wbur.org/news/2026/07/17/louisa-gag-vigil-wu-bike-safety-streets">greater protections for bicycle riders are necessary.</a> </p>



<p>In the wake of her death, nearly 4,000 people signed an open <a href="https://benjaminsiegel.github.io/enough-is-enough/?emci=5efa17b1-9980-f111-b337-000d3a1558ce&emdi=4d7f2634-9c80-f111-b337-000d3a1558ce&ceid=14976163">letter</a> to Boston Mayor Michelle Wu, demanding that street safety projects be resumed (an accelerated) in the wake of Gag’s death. In the letter, bike safety advocates and city residents noted how Gag spent her career working to make streets safer. “<em>She was killed on the streets she spent her career trying to fix,” the letter read. “Years ago, one of her professional responsibilities was keeping the list of people killed by cars in Boston. Now her name has been added to it.”</em></p>



<h2 class="wp-block-heading" id="h-massachusetts-laws-bicyclists-should-know">Massachusetts laws bicyclists should know</h2>



<p>As a personal injury attorney, I have seen the aftermath of these crashes: the broken bones, the totaled bikes, and the families ruminating about how to pay medical bills. Most of us are taught fundamental safety knowledge when we first learn to ride a bike. We are taught to ride on the right side of the road alongside cars, to use our hand signals, and to wear flashing lights and retroflective gear to ensure visibility day or night. Inside a busy city, with intersections filled with pedestrians, motorized scooters, e-bikes, and cars, safety and safe riding are paramount. </p>



<p>Safety for bicyclists also extends to those who make state laws, maintain the roadways, and others who use them. Currently, Massachusetts maintains meaningful legal protections for cyclists; protections fought for by people like Gag and organizations like <a href="https://www.livablestreets.info/">LivableStreets Alliance</a> and the <a href="https://bostoncyclistsunion.org/">Boston Cyclists Union,</a> including: </p>



<ul class="wp-block-list">
<li><strong>The 4-Foot Safe Passing Law.</strong> Since 2023, Massachusetts’ Vulnerable Road User law has required drivers to give cyclists (along with pedestrians, roadside workers, and other vulnerable road users) at least four feet of space when passing. If a lane is too narrow to safely provide such clearance, <strong>the driver is required to change lanes or wait</strong> until it’s safe to pass.</li>



<li><strong>Protection From “Right Hooks” and Left-Turn Collisions.</strong> Under the 2009 Bicyclist Safety Bill, drivers are prohibited from making abrupt right turns across a cyclist’s path after passing them, and <strong><em>they must yield to oncoming cyclists</em></strong><strong> </strong>(including those legally riding on the right-hand shoulder) when making left turns.</li>



<li><strong>The Dooring Law.</strong> Drivers and passengers are legally required to check for cyclists <strong><em>before opening a car door into traffic</em></strong>. Violators can face fines, and if a cyclist is injured as a result, that violation can support a civil claim.</li>
</ul>



<p>The small handful of laws that exist are still viewed by many as <em>not enough</em>. At a vigil held in Gag’s honor, bicycle safety advocates ratcheted up demands to build, extend, and add to current safety steps to reduce the impact of traffic violence on people. </p>



<h2 class="wp-block-heading" id="h-do-massachusetts-bicyclists-have-legal-protection">Do Massachusetts bicyclists have legal protection?</h2>



<p>Even if you are unsure whether you have a case, Massachusetts personal injury claims are subject to strict filing deadlines, and evidence has a way of disappearing quickly. Vehicles get repaired, witnesses move on, and surveillance footage gets overwritten. </p>



<p>If injured in a bicycle crash, the most important first step is to <strong>seek medical attention</strong>. Once in a more stable position, report the crash to the police. If possible, document the scene of the crash. The road conditions, any skid marks, and witness information. Camera footage from helmet cams or dash cams has become an increasingly important piece of evidence in these cases, and Massachusetts’ civil laws around fault and passing distance can make a real difference in how a case is resolved. An early consultation with a leading personal injury law firm like Marcotte Law Firm costs you nothing and can preserve options you may otherwise lose. </p>



<p>What happened to Louisa Gag is both deeply tragic and ironic. She lived to create safer streets and perished while using them in a way she sought to protect. In a state as grand as Massachusetts, where cycling for exercise, enjoyment, and with purpose (i.e. commuting) is popular, the fight that Gag and her counterparts initiated has become paramount. Marcotte Law Firm stands as an advocate for those demanding greater protections and remedies. </p>



<p><em>This article is provided for general informational purposes and does not constitute legal advice.&nbsp;</em></p>



<p><strong>July 20, 2026</strong></p>
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                <title><![CDATA[Boston Named the Most Collision-Prone City in America (Again)]]></title>
                <link>https://www.marcottelawfirm.com/blog/boston-named-the-most-collision-prone-city-in-america-again/</link>
                <guid isPermaLink="true">https://www.marcottelawfirm.com/blog/boston-named-the-most-collision-prone-city-in-america-again/</guid>
                <dc:creator><![CDATA[Marcotte Law Firm LLC]]></dc:creator>
                <pubDate>Thu, 16 Jul 2026 18:47:22 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Wrongful Death]]></category>
                
                
                    <category><![CDATA[Accident Lawyer]]></category>
                
                    <category><![CDATA[car accident attorney]]></category>
                
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                <description><![CDATA[<p>For the second year in a row, Allstate Insurance’s 2026 America’s Best Drivers Report ranked Boston as “the most collision-prone city in the entire country.” According to the report, Boston drivers average just 3.76 years between collisions, giving them a relative crash likelihood roughly 189% higher than the national average. For context, the average U.S.&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>For the second year in a row, Allstate Insurance’s<a href="https://www.allstate.com/best-drivers"> 2026 America’s Best Drivers Report</a> ranked Boston as <em><strong>“the most collision-prone city in the entire country.”</strong></em></p>



<p>According to the report, Boston drivers average just 3.76 years between collisions, giving them a relative crash likelihood roughly 189% higher than the national average. For context, the average U.S. driver goes nearly 11 years between collisions.</p>



<p>The city of Boston wasn’t alone, either, as Worcester and Springfield also landed in the ‘top 5 worst’ cities ranked (out of 200), with Providence, Rhode Island earning a spot in the top ten riskiest metros to drive in. The report further found that the Northeast is home to seven of the ten riskiest cities in the nation to drive in; a list which also includes Washington, D.C., Baltimore, and Philadelphia alongside the named Massachusetts cities.</p>



<figure class="wp-block-image size-large"><img loading="lazy" decoding="async" width="1024" height="348" src="/static/2026/07/Screenshot-2026-07-16-at-2.45.42-PM-1024x348.png" alt="" class="wp-image-1557" srcset="/static/2026/07/Screenshot-2026-07-16-at-2.45.42-PM-1024x348.png 1024w, /static/2026/07/Screenshot-2026-07-16-at-2.45.42-PM-300x102.png 300w, /static/2026/07/Screenshot-2026-07-16-at-2.45.42-PM-768x261.png 768w, /static/2026/07/Screenshot-2026-07-16-at-2.45.42-PM.png 1288w" sizes="auto, (max-width: 1024px) 100vw, 1024px" /></figure>



<p>The newly released report is based on property damage claims filed between January 2023 and December 2024. Allstate also pointed to behavioral data from its Drivewise telematics program, noting that Boston stands out for elevated rates of phone use when driving, a habit that becomes especially dangerous when combined with the region’s dense traffic, narrow streets, and famously confusing intersections.</p>



<p><strong><em>A Regional Response: The “New England Drive to Save Lives” Campaign</em></strong></p>



<p>With population increases post-COVID, as well as hundreds of thousands of seasonal tourists visiting New England each year (Summer on the Cape and Islands, Autumn leaf peepers, and White Mountain skiers), the problem has raised enough alarms.&nbsp;</p>



<p>Massachusetts, New Hampshire, Rhode Island, Maine, Vermont, and Connecticut have joined forces this summer in support of the <a href="https://www.wmur.com/article/new-england-safe-driving-speeding-7626/71841776"><strong>New England Drive to Save Lives campaign</strong>,</a> a coordinated regional effort involving state and local police, highway safety offices, and the National Highway Traffic Safety Administration.</p>



<p>The campaign includes increased highway patrols, community outreach events, and public safety messaging aimed at shifting driver mindsets before small bad habits turn into serious crashes.&nbsp;</p>



<p>Law enforcement agencies along the I-95 and I-91 corridors are stepping up enforcement of speeding, distracted driving, and seatbelt laws through the busy summer travel season, with additional waves of enforcement planned as the calendar moves into Fall, just in time for leaf-peeping tourists, shortened daylight hours, and back-to-school traffic.</p>



<p><strong><em>Tips for Driving Safely in Massachusetts and Southern New Hampshire&nbsp;</em></strong></p>



<p>Whether you’re a lifelong local or just passing through, a few precautions can go a long way toward keeping you and your family safe:</p>



<ol class="wp-block-list">
<li><strong>Put the phone away.</strong> Distracted driving is a major factor behind Boston’s ranking. Use hands-free settings, or better yet, silence notifications entirely while driving.</li>



<li><strong>Build in extra time.</strong> Summer road work and detours are common throughout Massachusetts and New Hampshire (hello, Cape Cod bridges!). Stay patient and expect sudden slowdowns</li>



<li><strong>Watch for pedestrians and cyclists.</strong> Warmer weather brings more foot and bike traffic, particularly in dense areas like Boston, Cambridge, and Worcester. Slow down near crosswalks and give cyclists a wide berth.</li>



<li><strong>Keep a cool head. </strong>New England drivers have a reputation for aggressive driving. It’s a good idea to signal early, commit to merges, and, for goodness sake, don’t hesitate in a rotary, since hesitation is often what leads to accidents.&nbsp;</li>



<li><strong>Anticipate heavier weekend and holiday traffic.</strong> Leaf-peeping season and fall weekend getaways bring a surge of unfamiliar drivers. Locals know what’s coming, so give yourself extra time to navigate the increased volume.&nbsp;</li>
</ol>



<p>Even the most careful drivers can’t control what other people do on the road. If you or a loved one has been injured in a collision anywhere in Massachusetts or southern New Hampshire, <strong><a href="https://www.marcottelawfirm.com/">Marcotte Law Firm</a></strong> is available to help. Contact us today for a free consultation.</p>



<p><strong>July 16, 2026</strong></p>



<p></p>



<p><em>This post is for informational purposes only and does not constitute legal advice.</em></p>



<p></p>
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                <title><![CDATA[Wrongful Death]]></title>
                <link>https://www.marcottelawfirm.com/blog/wrongful-death-2/</link>
                <guid isPermaLink="true">https://www.marcottelawfirm.com/blog/wrongful-death-2/</guid>
                <dc:creator><![CDATA[Marcotte Law Firm LLC]]></dc:creator>
                <pubDate>Mon, 17 May 2021 15:41:20 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Wrongful Death]]></category>
                
                
                    <category><![CDATA[Fatal Car Accidents]]></category>
                
                    <category><![CDATA[Fatal Construction Site Injuries]]></category>
                
                    <category><![CDATA[Wrongful Death Attorney]]></category>
                
                    <category><![CDATA[Wrongful Death Lawyer]]></category>
                
                
                
                <description><![CDATA[<p>The death of a loved one is a truly traumatic experience, especially if that death was sudden and unexpected . The sudden loss of a loved one leaves families with emotional burdens and oftentimes financial ones. So what happens when the death of a loved one is the result of someone else’s accident? This is&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>The death of a loved one is a truly traumatic experience, especially if that death was sudden and unexpected . The sudden loss of a loved one leaves families with emotional burdens and oftentimes financial ones. So what happens when the death of a loved one is the result of someone else’s accident? This is known in the legal world as a “<a href="/practice-areas/personal-injury/wrongful-death/">wrongful death</a>” and you may be entitled to compensation. In Massachusetts, in the event of a wrongful death, the family of a loved one “steps into their shoes” and collects compensation on behalf of the deceased. Those who have lost a loved one due to wrongful death may be eligible to receive compensation for medical costs, funeral costs, loss of income, and other expenses.
<a href="https://malegislature.gov/laws/generallaws/partiii/titleii/chapter229/section2" rel="noopener noreferrer" target="_blank">Massachusetts law</a> states that a person or company may be liable for wrongful death if that death was caused by: 1) negligence (failing to exercise reasonable care); 2) a “wanton or reckless act,” or 3) a breach of warranty. In all three cases, a wrongful death claim may be filed if the deceased person could have filed a personal injury lawsuit based on the same incident, had he or she survived. 
What this means, functionally, is that a wrongful death claim is similar to a standard personal injury claim. In both cases, the action or inaction of one party is the cause of the injury or death of another. Obviously, in a wrongful death case, the injured person is unable to sue the liable party. Rather, another party must bring the claim on behalf of the deceased person.
<strong>What are common instances where a wrongful death occurs?</strong>
Certainly not an exhaustive list, but common examples include: 
</p>


<ul class="wp-block-list">
<li><a href="/practice-areas/personal-injury/wrongful-death/fatal-car-accidents/">Fatal Auto accidents</a></li>
<li><a href="/practice-areas/personal-injury/wrongful-death/fatal-construction-site-accidents/">Work site accidents</a></li>
<li>Slip-and-fall accidents</li>
<li>Medical malpractice and misdiagnosis</li>
<li>Animal attacks, e.g. dogs</li>
<li><a href="/practice-areas/personal-injury/wrongful-death/fatal-nursing-home-injuries/">Nursing home abuse or neglect</a></li>
</ul>


<p>
<strong>Who Can File a Wrongful Death Claim?</strong>
In order to file the wrongful death claim in court, you must be the executor or administrator of the deceased party’s estate. Any damages recovered from the claim are paid to the deceased person’s estate.
<strong>What Type of Compensation is Available in a Wrongful Death Case?</strong>
Because, in the context we are discussing, a wrongful death claim is a civil action (though not discussed herein, a criminal case may also be occurring simultaneously), the sole compensation is in the form of monetary damages. 
Pursuant to Massachusetts law, damages available compensate for:
</p>


<ol class="wp-block-list">
<li>the fair monetary value of the deceased could reasonably be expected to have earned in his or her lifetime, “including but not limited to compensation for the loss of the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice of the decedent to the persons entitled to the damages recovered;”</li>
<li>reasonable funeral and burial expenses for the deceased party; and</li>
<li>punitive damages. </li>
</ol>


<p>
A quick note about punitive damages. Their intent is to punish the person responsible for the wrongful death; thus, are not related to the reasonable expected future income of the deceased. Further, they are only awarded if a court finds the death was caused by “malicious, willful, wanton or reckless conduct” or gross negligence by the defendant. Punitive damages are at least $5,000, though can be higher-to-significantly-higher depending on the facts of the case and the degree of “malicious, willful, wanton or reckless conduct” by the responsible party. Simply put, they are intended to punish the responsible party.
<strong>How much time do I have to file a wrongful death lawsuit?</strong>
A final thing to remember is the timeline for filing these claims. The statute of limitations, i.e., the deadline to file a lawsuit, is three (3) years of the date of death or of the date the executor first knew or should have known a wrongful death claim was available. </p>


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                <title><![CDATA[Wrongful Death]]></title>
                <link>https://www.marcottelawfirm.com/blog/wrongful-death/</link>
                <guid isPermaLink="true">https://www.marcottelawfirm.com/blog/wrongful-death/</guid>
                <dc:creator><![CDATA[Marcotte Law Firm LLC]]></dc:creator>
                <pubDate>Wed, 10 Oct 2018 21:54:19 GMT</pubDate>
                
                    <category><![CDATA[Wrongful Death]]></category>
                
                
                
                
                <description><![CDATA[<p>According to the National Highway Traffic Safety Administration, distracted driving claimed 3,477 lives in 2015 (the most recent year with available statistics). That’s over three thousand people a year who are taken from their families because someone didn’t want to pay attention behind the wheel. These tragedies leave behind families that struggle emotionally and financially.&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>According to the National Highway Traffic Safety Administration, distracted driving claimed 3,477 lives in 2015 (the most recent year with available statistics). That’s over three thousand people a year who are taken from their families because someone didn’t want to pay attention behind the wheel.</p>


<p>These tragedies leave behind families that struggle emotionally and financially. These families lose their mothers, fathers, children, and spouses. Gone is the ability to lean on them in times of struggle or share in the joys of life’s achievements. And what that’s replaced with is medical bills and funeral expenses. This can be especially burdensome if the victim was the primary earner of the family.</p>


<p>When a loved one’s life has been taken, it’s important to pick the right law firm that has the experience necessary to guide you through the complicated process. At Marcotte Law Firm, we have handled many cases for families in these unfortunate situations. In a family’s darkest moments, we take pride in being able to help put the pieces together.</p>


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