personal injury attorney - Marcotte Law Firm

MARCOTTE LAW FIRM’s MICHAEL MOLLOY TEMPORARILY SWAPS THE COURTROOM FOR THE STAGE

Marcotte Law Firm LLC — Wed, 13 May 2026 19:26:14 GMT

Joins Improv Asylum Boston to “Whoop It Up for Women!”

Annual Women’s Bar Foundation (WBF) Fundraiser Raises Money to Support Domestic Violence Survivors and Elders Across Massachusetts

Lowell, Mass. (May 15, 2026) — Michael D. Molloy, the managing member of Marcotte Law Firm, LLC, was selected by the Women’s Bar Foundation (WBF) to appear as a guest performer at the organization’s annual fundraiser, Whoop It Up for Women! 2026. Proceeds from the signature event fund legal assistance to low-income individuals across the Commonwealth. Boston notables, including Governor Maura Healey and Mayor Michelle Wu, as well as celebrities Fran Drescher and Kim Miles, have previously attended.

Heralded as “the funniest show you’ll ever be a part of,” entertainment for the evening will be helmed by Improv Asylum, Boston’s premier live comedy improv troupe. Organizers further flipped the script this year, adding a short list of local attorneys to serve as improv comedians. Michael Molloy (Marcotte Law Firm) and three members from Wolf Greenfield – Cara Dawson, Francesca Householder, and Caitlin Schneider – will join Improv Asylum for one night only, to augment the troupe’s quick-witted, interactive, laugh-out-loud performance, with their own brand of comedic prowess.

“Being asked to perform at an event like this may be daunting to some, but I couldn’t be more excited to join the improv cast,” shared Molloy. “I’m honored to participate in an event that raises funds and awareness for the critical work done by my law colleagues and members of both the Women’s Bar Association and the Women’s Bar Foundation. I plan to bring my comedic A-game.”

Whoop It Up for Women! features a cocktail reception, a 50/50 raffle, and a live auction, the proceeds of which will provide free legal assistance to domestic abuse survivors, low-income elders, and incarcerated women. Main support programs include the Family Law Project for Domestic Abuse Survivors, Elder Law Project, and the Women’s Prison & Re-Entry Project/Clemency Project.

Whoop It Up for Women! will be held at the Boston Harbor Hotel (70 Rowes Wharf, Boston) on Thursday, May 28, 2026, from 6:00 – 9:00 p.m. To become an event sponsor or to purchase tickets, visit www.wbfcomedy.org.

Marcotte Law Firm, LLC was established in 1964 by the late Albert J. Marcotte (1930-2020). For more than six decades, the firm has provided trusted, client-centered legal advocacy to individuals and families across Northern Massachusetts and Southern New Hampshire. Now led by Marcotte’s grandson, Michael Molloy, Esq., the multi-generational firm offers more than 150 years of combined legal experience in personal injury and workers’ compensation matters. Marcotte Law Firm has earned distinction for its highly personalized and detail-oriented approach, and member attorneys have been consistently recognized by SuperLawyers® and Martindale-Hubbell for legal excellence. More information about the firm, practice areas, and member attorneys can be found at: marcottelawfirm.com.

Media contact: Wendy Agudelo; Image Professors, Inc. ; wendy@imageprofessors.com

May 15, 2026

What Happens in a No-Fault Car Accident?

Marcotte Law Firm LLC — Mon, 28 Feb 2022 19:18:18 GMT

It is an unfortunate truth that car accidents are a common occurrence in this country. When more than one vehicle is involved, establishing fault is crucial to an insurance claim, as well as any potential lawsuit. This makes sense; if it is your fault, you or your insurance company should bear the brunt of any incurred expenses by the other party. However, a minority number of states are what is known as “no-fault states,” and Massachusetts is one of them. So what does this mean? Let’s begin with what it does not mean. Being in a “no-fault” state does not mean you can run a red light, crash into someone’s car, and not be responsible. When a car accident occurs, someone is still “at fault.” Rather, the primary difference between fault and no-fault states involves car insurance requirements. No-Fault states provide certain types of insurance to people in almost ayn type of accident, no matter whose fault it was. As you are likely aware, Massachusetts requires every registered car to purchase insurance in four (4) parts.

Bodily Injury to Others: Provides limited coverage for you when other people are injured in an accident. This is very limited coverage and does not cover many types of accidents and injuries. Coverage is also limited to $20,000 per person and $40,000 per accident. You cannot purchase higher limits.
Bodily Injury Caused by an Uninsured Car: Provides coverage if you’re injured by a car that does not have insurance. This can also cover hit & run accidents.
Property Damage: Pays up to $5,000.00 of coverage for any damage you cause to someone else’s car or property. You are allowed to purchase higher limits.
Personal Injury Protection: Pays up to $8,000 for the medical expenses or lost wages of anyone injured while in your car. It will also pay for any pedestiran or bicyclist struck by your car, as well as for injuries you receive when involved in a car that does not have PIP Coverage.

There are additional supplemental coverages that are not required, but are recommended. Please refer to our prior post for a more in depth discussion. However, one optional coverage that is pertinent is for Med Pay coverage. This is similar to Personal Injury Protection coverage in that it will pay for certain medical expenses, regardless of whose fault a car accident is. Where the “no-fault” differs from the “fault” is in Personal Injury Protection insurance (item #4 above and hereinafter, “PIP”), and Med Pay coverage. No-fault states require you to purchase PIP in addition to basic liability insurance. PIP typically pays for your medical expenses and lost wages regardless of who caused the accident. This is where the “no-fault” term comes in. Even if you are at fault for the accident, PIP will cover the expenses. The goal of no-fault insurance is twofold: 1) save time and money and 2) to reduce the likelihood of a lawsuit. Insurance companies will drag their feet and paying claims and lawsuits can take time to resolve. In no-fault states, PIP pays out right away, regardless of fault. As you may have guessed, if people get paid for their expenses right away, the need for a lawsuit may be reduced. However, this does not preclude you from filing a lawsuit if the circumstances warrant it. In order to succeed in a lawsuit, you need to establish the other driver was negligent. You will also need to have at least $2,000.00 in medical bills to pursue a claim for pain and suffering. Further, as our ardent readers are aware, Massachusetts is a comparative negligence state, which means your fault in the collision will be weighed and may offset any potential payout. As always, it is a good idea to speak with an experienced attorney who can help you develop your claim and advice you on the best coursing moving forward.

If you or a loved one has been injued in a car accident and has questions about the various types of No Fault Insurance that are available, call the experienced car accident lawyers at Marcotte Law Firm for a free, no obligation consultation.

Premise Liability & Video Surveillance

Marcotte Law Firm LLC — Mon, 14 Feb 2022 19:16:20 GMT

We have previously discussed a number of issues surrounding premises liability. For example, in the context of snow and ice, classifications of individuals on your property, and doctrines like attractive nuisance. We are now going to dive into some evidentiary issues that may arise in your claim, specifically in the context of surveillance video in a commercial setting. As the technology becomes cheaper and more readily available, more and more commercial property owners are investing in video surveillance systems. This is for a multitude of reasons. First and foremost, it helps with loss prevention (stealing). But, it also is a way for property owners or renters to have an eye in the sky to be able to record certain events. This includes many injuries. This is why we always suggest you assume that whenever you are in a commercial property, you are being watched. As you can imagine, the proliferation of surveillance cameras has significantly impacted premise liability law. More cameras means more evidence in many claims. Cameras are able to see someone when they fall. They also are able to create a timeline as to a person’s movements, or even look to see what caused the hazard that the person tripped on. As surveillance video evidence becomes the norm, so too do a host of related legal issues. Specially, issues of preservations of evidence including what is known as “spoliation.” Spoliation (not spoil-ation!) is defined as “the destruction or alteration of evidence resulting from a party’s failure to preserve evidence relevant to a litigation or investigation.” While this could refer to a deliberate and intentional destruction of video evidence, spoliation most commonly occurs when a defendant fails to preserve video evidence that they had notice may relate to a possible premise injury. This is why it is in the interest of any business to have written guidelines establishing the policy for retaining potentially relevant surveillance video. Upgrades in technology have digitized most surveillance video equipment; however, some businesses may still rely on video cassettes or discs. Regardless of the technology involved, there is still a finite ability to store video indefinitely, even digitally. Most systems will have an automated deletion program that will delete or overwrite videos after a given time. In the old days, a surveillance tape would be re-used, and the old footage destroyed. Now, though cloud storage is seemingly limitless, the cost to keep unnecessary surveilance footage is not in many companys’ budget. While the law does not require you to incur additional expenses to preserve all video indefinitely, a business is required to preserve surveillance video in anticipation of litigation. In Massachusetts, the duty to preserve evidence is straightforward. The duty arises when a reasonable person knows or should know that litigation is possible and that the evidence might be relevant. Commercial premises often receive notice of an accident, e.g., an ambulance arrives at their property, so claiming lack of notice will usually be difficult to prove. In order to show spoliation under Massachusetts law, you must show either a negligent or intentional destruction of evidence. Remedies are based on the degree of misconduct of the defendant. The most common remedy for spoliation is a jury instruction from the judge allowing jurors to draw an adverse inference, i.e., you can assume the defendant is hiding something harmful to their case, from the destruction of the evidence. The need to preserve potential evidence highlights the need to work with an attorney on any potential slip and fall claim. An experienced attorney will contact the defendant business to remind them of their duty to preserve any video surveillance evidence from the time of the claim. Not only does this remind the business of their duty, it also lays the foundation for any future spoliation issues, should they arise.

If you’ve been injured on someone’s else’s property, its important that you find a personal injury lawyer as soon as possible. The sooner you find a lawyer, the sooner he or she can send out a letter that asks that they preserve all videos. This will give you a much better chance of the video not magically disappearing.

Sovereign Immunity and the Mass Tort Claims Act

Marcotte Law Firm LLC — Mon, 11 Oct 2021 18:47:04 GMT

In a previous post discussing Premises Liability, we briefly noted two (2) relevant legal doctrines – Attractive Nuisance and Sovereign Immunity. We recently discussed the Attractive Nuisance doctrine, so today will be focusing on the doctrine of Sovereign Immunity and its codification under the Massachusetts Tort Claims Act. As discussed in previous posts, if you were injured in a car accident or on the property of another, you likely have a cause of action against those persons. However, what happens when the driver of that other car is a government employee or the property you were injured on is a government building? In Massachusetts, it is much harder to file a lawsuit and win when the other party is the government. As you may have guessed, this is due to the aforementioned principle known as Sovereign Immunity. Sovereign Immunity is a very old legal premise that basically states that the sovereign, i.e., the government in this country, cannot be sued even if an individual is harmed by the acts, decisions, or inactions of the government. It dates back to English law, where people were unable to sue the king. Even in this brief explanation, you can see that this is an exceptionally broad principle that absolves the government of virtually all tortious acts. However, there are limits to Sovereign Immunity. In an effort to reduce the scope of Sovereign Immunity and provide certain plaintiffs with some recourse for their injuries, Massachusetts has passed the Tort Claims Act (hereinafter, “MTCA”). While the government is still afforded a great deal of protection – protections that exceed those afforded to a normal property or business owner – the MTCA does provide an avenue for a harmed individual to sue the government through negligence claims. Section 2 of the MTCA states that “public employees shall be liable for injury or loss of property or personal death” caused by negligence, wrongful acts, or omissions. The MTCA also lays out specific situations where a negligence lawsuit is allowed. Examples of these situations include negligently operating a government vehicle (e.g., a USPS truck or public bus); defects or hazards in public buildings; medical malpractice by healthcare providers at a state-run facility; and police brutality or negligence. The MTCA caps damages at $100,000; however, all claims for serious bodily injury against the Massachusetts Bay Transportation Authority are not subject to this limitation. There are also specific requirements in filing a lawsuit. The plaintiff must first present the claim to the employer in charge of the defendant employee. The claim must be presented within two (2) years of the date of the injury. The plaintiff cannot file the claim with the Court of Claims until the employer has accepted or rejected it. The employer must do this within six (6) months of receiving it. If the claim is rejected, the plaintiff may then file the claim with the Court of Claims. The statute of limitations for filing an MTCA claim with the Court of Claims is six (6) months. As you can see, filing a claim under the MTCA can be a complicated matter, one that could take over a year to unfold. Even if you feel you have a clear cut case, it is in your interest to consult with an experienced attorney on how to locate the employer in charge of the defendant employee and how to file with the Court of Claims if that claim is rejected by the employer.

If you’ve been injured by a government employee, it’s important to act fast. There are many limitations on these cases, and they need to be given attention right away. Call the Personal Injury lawyers at Marcotte Law Firm for a free, no obligation consultation.

How Do I Document an Injury?

Marcotte Law Firm LLC — Mon, 02 Aug 2021 13:22:34 GMT

How Do I Document My Car Accident Injuries? When you’ve been injured in a car accident, your life can be turned upside down. In addition to dealing with the normal hurdles that life brings, you also have to deal with an injury. Now you’re also having to go to doctor’s appointments and therapy visits while also having to deal with the fact that your normal activities now aren’t as easy to do. How an injury affects your life on a day to day basis is what is generally known as pain and suffering. While many rightly assume that it’s their Personal Injury Lawyer’s job to prove your pain and suffering, it’s actually a joint venture. Like a basketball player without shoes, a personal injury attorney can only do so much to prove injuries if he or she doesn’t have a client who properly documents those injuries. Making Medical Appointments The first step in documenting an injury is scheduling or seeing a doctor. An insurance company (or jury if you go to trial) works under the assumption that if a person doesn’t go to the doctor, that person’s injuries cannot be that bad. While this isn’t always fair, it’s how the world works. Some people are hypochondriacs who see doctors for a small cut on their finger. Others only go to the doctor if their leg is falling off. While no one should go to the doctor if they don’t need to, being a superhero and assuming your injury will get better on its own might hurt your case. Following Up Whenever we see doctors, we’re likely to get a recommendation for some sort of treatment. Whether it’s a referral for Physical Therapy or an order for an MRI, it’s important that you follow doctor’s orders. This is true even if you don’t necessarily agree with your doctor. For example, many people immediately want an MRI of their injury. Unfortunately, many doctors like to try physical therapy before ordering any pricey scans. Even if the therapy doesn’t work, having gone through the process helps show that your injury is bad enough to warrant treatment and it’s serious enough to require additional workups. Second Opinions However, that’s not to say that a second opinion might not be the way to go. Many of our clients get second opinions for a variety of reasons. For example, if a client gets a recommendation for surgery, getting a second opinion about whether that surgery is really necessary can be a good idea. On the other hand, some doctors tell our clients that they’ve reached a medical end result and nothing more can be done. A second opinion can bring a fresh set of eyes and other options that could save you from lifelong problems. Medical Journal Some personal injury attorneys will instruct their clients to keep a journal to document these injuries. We don’t necessarily suggest that to our clients, but we do get them from time to time. What clients should remember is that journals should be used as a way to refresh your memory about your events. It’s not necessary to write down every single thing that happened to you, but rather jot down a few bullet points. For example, if you’ve having back problems that prevent you from bending over, you might jot down a couple things that you can’t do because of your injury, such as tying your shoes or taking out the trash. Experienced Lowell Personal Injury Lawyers At Marcotte Law Firm, our Lowell Personal Injury lawyers have decades of experience representing injured individuals. If you’ve been hurt, call us for a free, no obligation consultation.

Sporting Event Injuries

Marcotte Law Firm LLC — Mon, 19 Jul 2021 14:05:25 GMT

As we get into the summer months, it is time for all of the fun activities associated with the warm weather and all the “tough” decisions. Hamburger or hot dog? Beach or pool? Red Sox or Yank…(we all know there’s no decision to make there!). One of the state’s best warm weather activities is the annual summer tradition – a trip to Fenway Park to watch the Red Sox. Few things compare with watching a game on a cool summer night at Fenway. As great as the game is, it can be very easy to get distracted. You look at your phone to respond to a text or take a photo of your family; flag the vendor for a hot dog or cold beverage; or turn to your neighbor to discuss how good the Sox lineup looks. In that instant, a batted ball or a splintered bat can come flying into the stands, causing serious personal injury. Unfortunately, this is becoming a more and more common occurrence. So what happens if you are injured at a baseball game or any other sporting event when something comes from the field of play into the stands? Can I recover damages for my injuries? This article will discuss what causes of action, if any, are available as well as the little-known and very old, “Baseball Rule.” For the purposes of this article, we will focus on baseball and use Fenway Park where examples are necessary, but these legal issues would also extend to other sports, for example, hockey. If you were injured at a game by a ball or bat, any lawsuit would be filed under a negligence claim. Under a negligence claim, you need to establish that the owners of the stadium did not take reasonable precautions to keep you safe. This is why when you attend a game at Fenway, the team has placed signs all over the park warning fans of the dangers of hit balls and bats, as well as making an announcement over the loudspeaker at the beginning of the game. Further, if you have ever taken the time to look at the back of your ticket, the fine print also discloses the risks of attending a game. This ticket actually operates a waiver of sorts – an assumption of risk – absolving the team from most liability. In 2018, Fenway extended the netting from behind home plate to down the 1st and 3rd base lines; however, declining to extend them fully to the foul poles as has been done by a few Major League teams and is commonplace in Japan. These maneuvers are all done to show that the stadium has undertaken a “reason standard of care” in keeping their patrons safe. Despite all of these warnings and precautions, injuries still occur. Foul balls can travel over 100 mph and as noted above, the nets are not everywhere. Even if you are paying full attention to the game, a ball can travel 130 feet in one second leaving almost no time to react. As if the teams did not have enough going for them, they are also accorded broad protection under the “Baseball Rule.” The Baseball Rule states that under most circumstances a team cannot be held liable for injuries caused by a batted ball or errant bat, as long as the team has offered some reasonable protections in the areas where bats and balls are most likely to cause injuries. You may be asking yourself, with the nets, tickets, and Baseball Rule, is there even any reason to file a claim? The answer is yes. If you are able to establish that the stadium did not exercise reasonable care, then there is a path to damages. The reality is that baseball players are bigger, faster, and stronger than ever before. This means they hit the ball farther and harder than their predecessors did. Further, stadiums are moving seats closer to the field. What was once considered reasonable care might no longer be so in a time when balls come into the stands faster and injuries are on the rise. If you are injured at a baseball game, you should reach out to an experienced attorney to assess your options.

What is a Premises Liability Case?

Marcotte Law Firm LLC — Mon, 12 Jul 2021 13:45:28 GMT

Many lawyers use the term “premises liability,” which is a phrase that most people don’t use. Therefore, there’s often a misconception about what the term means. In reality, it’s a way to describe the duty owed by a business or property owner. These claims are a type of a negligence lawsuit, which means the focus of a claim is usually on the duty of care owed and whether or not that duty was breached. For your reference, some common examples of these types of claims include, but are not limited to:

“slip and fall” accidents, including snow and ice
Injuries sustained in swimming pools, including drowning
Collapse of decks, balconies, or stairs,
Exposure to toxic fumes or chemicals
Other stairway accidents
Construction site accidents.

Because these claims are generally filed under a negligence cause of action, the key element will be “reasonable care,” or “did the property owner take reasonable precautions to keep visitors safe?” While the requirements for reasonable care owed vary from state-to-state, Massachusetts applies tiered categories for visitors, who are owed varying levels of reasonable care. The categories of visitors – from the highest duty owed to the lowest – are invitees, licensees, and trespassers. The highest duty of care owed is to an “invitee.” An invitee is someone who has the property owner’s express or implied permission to enter the property, e.g., a patron to a restaurant. These are people invited onto a property for the purpose of spending money or engaging in a business interaction. Invitees are owed a duty to keep the property reasonably safe. Due to the financial nature of the interaction, the duty of care is considered the highest Just below an invitee is a “licensee.” A licensee also has express or implied permission to enter the property, but does not have a business purpose for being there, e.g., a social guest. Massachusetts has blurred the distinction between duty owed to an invitee and licensee as both are owed the reasonable care duty. What this means in practice is that an invitee and licensee are owed a reasonable duty of care and have the right to file a lawsuit against negligence and carelessness. Finally, the lowest duty owed is to a “trespasser.” As you likely guessed, a trespasser is someone who does not have any permission – express or implied – to enter the property. However, there is still a minimal duty of care owed. This means that a trespasser cannot sue you for negligence; however, they may be able to if a hazard is “unusually dangerous.” For example, you cannot set a trap on your property for a trespasser. It is worth quickly noting one exception to the trespasser rule relates to children and is known as the “attractive nuisance” doctrine. This is why all swimming pools should have fences around them. There are three (3) common defenses to premises liability: comparative negligence; “open and obvious” danger; and in the cases of government properties, Sovereign Immunity. For the purposes of this post, we will only discuss the first two (2). As discussed in our previous Snow and Ice articles, “comparative negligence” assesses a percentage of fault on both the injured party and the property owner, that is, you both share the blame. A judge or jury assesses your percentage of relative fault and deducts that from any damages received. Under comparative negligence laws in Massachusetts, the plaintiff can only be compensated if their share of the blame is less than 51%. Another defense is that the danger was “open and obvious.” A danger or risk is “open and obvious” if the risk would be obvious to persons of average intelligence. If it is open and obvious, then a property owner does not have a duty to warn of such risks. For example, if you are at a gas station filing your car and are hit by another driver, the owner of the gas station is likely not liable for your injuries because the danger of being hit by another moving car is open and obvious to a person of average intelligence. If you are a legal entrant to a property and suffered an injury while on that property, you may be able to recover compensation for your injuries. In Massachusetts, and as is the case with many other torts in the state, the statute of limitations to bring a legal claim against a property owner is three (3) years from the date you knew or should have known about the injury. This may seem like a long time, but it helps to explore your options as soon as possible with an experienced premises liability attorney.

Rideshare Accidents Are On the Rise

Marcotte Law Firm LLC — Wed, 23 Jun 2021 13:24:45 GMT

Given the prevalence of ridesharing services, i.e., Uber and Lyft, it is understandable that rideshare car accidents involving these services are on the rise. As common as motor vehicle accidents are, it stands to reason that these services would be as likely to be involved in an accident as any other vehicle. However, due the nature of their employment relationships and often three (3) or more parties being involved, ridesharing accidents present a unique set of circumstances that differentiate them from normal motor vehicle accidents and even accidents involving taxi cabs, the service they are replacing.

Where these accidents often differ with ridesharing, is that there are now multiple levels of personal involvement; the rideshare company itself, the driver – who is an independent contractor, the passenger, and any other 3rd parties involved in the accident. The competing interests and responsibilities of these multiple actors can lead to difficulty obtaining relief for an injured party.

An important fact to know is that individuals who drive for rideshare companies are not “employees,” in the legal sense. Rather, they are independent contractors. This is significant for a couple for reasons. First, from the perspective of the driver, they are not entitled to Workers’ Compensation in the event of a workplace accident. Next, you are required to carry your own insurance. As we will see, when the accident occurred in the course of the driver’s day has huge significance. For example, according to Uber’s website, they offer supplemental coverage of varying amounts depending on the status of the driver.

Offline or the Driver app is off

The driver’s personal insurance company and coverages apply

Available or waiting for a ride request (Uber maintains, on behalf of the driver)

Third-party liability if your personal auto insurance doesn’t apply
$50,000 in bodily injury per person
$100,000 in bodily injury per accident
$25,000 in property damage per accident

En route to pick up riders and during trips (Uber maintains, on behalf of the driver)

$1,000,000 third-party liability
Uninsured/underinsured motorist bodily injury
Contingent comprehensive and collision
Up to actual cash value of car with a $2,500 deductible (Effective 3/1/2021)
Certain vehicles offered through the Vehicle Marketplace are subject to a $1,000 deductible

If you are driving for a rideshare service like Uber or Lyft, it is important to understand what you are and are not covered for and when. Massachusetts has a minimum requirement for vehicle insurance coverage and insurance companies often require you to provide notice you will be using your vehicle to provide rideshare services.

The third aspect of the independent contractor-Uber/Lyft relationship we will touch on revolves around a legal doctrine known as “respondeat superior.” Respondeat superior stands for the proposition that an employer can be found liable for the actions of their employee. However, this doctrine is generally unavailable in cases involving independent contractors. What this means is that Uber and Lyft are able to distance themselves from any tortious actions of their drivers.

At this point, it should be clear that these rideshare companies have positioned themselves to avoid direct liability for the actions of their drivers. In practice, this means it can often be difficult to ascertain whose insurance companies to target in order to handle claims. As is a recurring theme in our practice, the involvement of insurance companies tends to complicate matters. It is usually in your best interest to work with an experienced rideshare injury attorney.

Finally, while to this point the article has focused on the driver’s legal work status (independent contractor) and insurance, the reality is that with any motor vehicle accidents, injuries can occur to the driver, passenger(s), and 3rd parties. If you are the passenger or 3rd party in a rideshare accident, you are accorded the same personal injury rights as any other motor vehicle accident. Like other motor vehicle accidents, it is in your best interest to seek the services of an experienced personal injury attorney who can help you through the process.

Pedestrian Accidents in Massachusetts

Marcotte Law Firm LLC — Mon, 14 Jun 2021 13:13:01 GMT

As the weather turns from winter to summer (does spring even exist anymore in New England?) and as we move back to normal, we will find ourselves outside more often. Walking is a great way to get outside, clear your mind, and generally improve your well-being. Most cities and towns have clearly marked areas for pedestrians to walk, usually in the form of sidewalks and crosswalks. However, accidents do occur. So what happens when, through no fault of their own, a pedestrian is struck by a vehicle? And what are the responsibilities of each party; the pedestrian and the driver?

To answer that we should look at where the accidents typically take place. Two (2) common locations where pedestrian accidents occur are in crosswalks and parking lots. Intuitively, this makes sense as these are areas where people and cars intersect. By their nature, these are high pedestrian-traffic areas. Drivers are taught to be aware of pedestrians in these areas.

Crosswalks

When a vehicle approaches a crosswalk, drivers are instructed to slow down and be vigilant for pedestrians. If a person is already in the crosswalk, then they have the “right of way” and drivers must always yield to them. From the pedestrian’s perspective, the different types of crosswalks have slightly different rules.

For example, some crosswalks are controlled by a walk signal button, i.e., there is a button to push that will expedite a red light, making it safe to cross. At these types of crosswalks, upon pressing the walk-signal button, the pedestrian must wait until the “walk” signal flashes and it is safe to cross. Some intersections do not have a walk signal button and only have painted crosswalks. At these crossings, pedestrians always have the right of way. Finally, some intersections have no crosswalk at all, e.g., side streets, driveways, and parking lots. Again, pedestrians have the right of way and drivers are required to yield as if a crosswalk was there.

Parking Lots

Another common site for pedestrian accidents are parking lots. Parking lots provide a unique situation where cars and pedestrians are constantly around each other. So it makes sense that the potential for pedestrian accidents is higher. Most parking lots do not have marked crosswalks and if they do, they only mark a path across the main roadway between the store(s) and the actual parking spaces. Therefore, as mentioned above, pedestrians do have the right of way and drivers must yield to them.

Within the context of parking lots, but also applicable to driveways, many accidents involve a driver who is backing up. Often, drivers rely solely on their mirrors, which leaves the driver with blind spots. Even cars with rear-facing cameras cannot clear all possible blind spots. While the safety impetus falls on the driver, it is always good practice to keep an eye out for any vehicles backing out of a parking space or driveway.

That last line is notable. It is important to remember that simply because the law is on your side and you have the right of way, it does not mean you should not be vigilant. Pedestrian-vehicle accidents are mostly one-sided when it comes to physical damages. Further, the most common reason for these accidents are carelessness of the driver. Checking our phones, changing the radio station, or turning to talk to the person next to us are things we have all done and only take a second or two.

Unfortunately, when driving a vehicle, these lapses in focus can be dangerous. Combine the vast discrepancy in size between a vehicle (even a slowly moving one) and a pedestrian, and the potential for serious bodily injury is high. That is why it is incumbent on drivers and pedestrians to pay extra attention in high pedestrian-traffic areas, like parking lots and crosswalks.

However, if you find yourself the victim of a pedestrian accident, it is in your interest to contact an experienced attorney who can help you determine the legal remedies available to you.

Bicycle Accidents Are On The Rise

Marcotte Law Firm LLC — Tue, 01 Jun 2021 13:06:20 GMT

More and more towns and cities are adapting their streets to be more “bicycle friendly.” Whether through the creation of curbed or painted bicycle lanes or bicycle-only roadways, local governments are encouraging citizens to use bicycles more. The hope is to help alleviate congested roads, reduce car emissions, and simply promote health.

Due to the increased amount of bicycle traffic, vehicles and bicycles are often vying for the same road space. Drivers often believe that they always have the right-of-way and that cyclists are the ones who need to move to the side. However, the fact is that drivers share the road with all vehicles, including cyclists. A cyclist is entitled to use an entire travel lane, even if there are other vehicles sharing the road. Due to differences in traveling speed, drivers often perform unsafe maneuvers in an effort to pass the slower-moving cyclist. It is not uncommon for a driver to “clip” a cyclist when attempting to pass. Similar to pedestrian accidents, bicycle accident injuries can be very serious due to the size and weight difference between bicycles and vehicles. Further, like pedestrians, bicycles offer no protection from vehicles.

Another common example of bicycle-vehicle accidents are known as “dooring accidents.” Dooring refers to when the driver of a parked vehicle opens a car door as a cyclist approaches. Due to travel speed and limited reaction time, cyclists often strike an opened vehicle door with tremendous force. Massachusetts law requires vehicle drivers and passengers to check for cyclists before opening their doors.

There are a number of Massachusetts laws aimed at ensuring safe conditions for cyclists, including, but not limited to:

Unlike vehicles, cyclists may pass vehicles on the right. This fact cannot be used as a legal defense for a motorist involved in an accident with a cyclist;
Cyclists must obey all traffic laws, including the use of headlights and tail lights for night riding;
After passing a cyclist, a driver may not make abrupt right turns at intersections and driveways, i.e., they must let the cyclist pass first;
Drivers may not pass cyclists until there is a safe distance to do so. If there is not a safe distance, then the driver must wait;
No more than two (2) cyclists may ride together, except on multi-lane roads where there is more than one (1) lane traveling in the same direction. In these instances, the group of cyclists must ride in a single lane; and
When preparing to make a left turn, drivers must yield to oncoming cyclists.

Now that you know the law, and have followed it perfectly as a cyclist, what happens if I am still involved in an accident? If this happens to you, there are a couple things you should do.

Check yourself for injuries. If you are able to do so, move yourself and bicycle out of harms way;
Similar to a car accident, collect as much information as you can from or about the other involved parties;
File accident reports; and
Hire an attorney to help you navigate the insurance and possible litigation process

A quick word about accident reports. Massachusetts law requires an accident report for any motor vehicle accident that results in injury to any involved party, or property damage in excess of $1,000. Also, the report must be filed within five (5) days of the accident. The Massachusetts RMV’s website has downloaded accident report forms and you can also pick one up at any police station. It is also best practice to make at least four (4) copies of the report; 1) mail the original to the RMV; 2) submit one to the police department in the place where the accident occurred; 3) keep one to submit to the other party’s insurance company; and 4) keep one for your own records.

Given the likely severity of injuries, the presence of insurance companies, and the timelines required for a necessary accident report, it is in your interest to hire a personal injury lawyer who can help represent your best interests.