AUTO ACCIDENTS: SAMPLE CASES

We advocate for victims of car accidents and other accidents. Our clients have been fairly compensated for medical expenses, missed work, and pain and suffering resulting from back injuries, head injuries, shoulder injuries, fractures,and burn injuries.  We encourage you to review some of our cases.

October 13, 2006, defendant driver was driving a dump truck weighing 68,000 pounds. The truck was traveling east exiting the rotary, in Concord, Massachusetts. After the Route 2 light turned red and the traffic slowed, he swerved from the right lane to the middle lane at a high rate of speed and ran through the red light.

Cars traveling north and south traveled through the green light. The plaintiff’s decedent, a 52 year old woman who had lived in Concord most of her life, was the second vehicle traveling north through the greed light when the speeding dump truck struck her driver’s door, immediately killing our client’s wife.

Notwithstanding the clear evidence of negligence, the district attorney’s office prosecuting the driver in criminal court, and the Commonwealth of Massachusetts finding the company that leased the vehicle guilty of several violations, Commerce Insurance Company refused to make any offer of settlement. Caring greatly for our client, we attended each and every criminal hearing of the defendant, even though the district attorney had competent counsel.

Using aggressive "discovery," we determined that the defendant driver had an extensive driving history for speeding, marked lanes, and red light violations. In this case, he was convicted of speeding, marked lanes, red light violation and wrongful death and was sentenced to 18 months in the Middlesex House of Corrections. The plaintiff was prepared to prove that the owner of the truck and the employer of the driver were negligent in hiring and retaining the defendant: they “knew” his driving his driving history, yet allowed him to drive their trucks.

We refused to settle with the insurance company until the defendants produced monies of their own to supplement the insurance company’s offer, proving that two years of relentless representation was effective.

See: Jorge A. Gamboa, Administrator v. Lawn Barber, Inc., et al.
Middlesex Superior Court Docket Number 06-4411

Successful Settlement for Facial Injury due to Car Collision

On Valentines Day, 1997, our 19 year old client was driving home on Route 44 in Seekonk, Massachusetts. The defendant, who was unfamiliar with the road, turned left in front of our client causing a collision. Our client's face hit the steering wheel and he suffered dental injuries which may result in his loosing his lower four front teeth. His first attorney failed to secure a satisfactory settlement offer. After being retained we filed suit and aggressively pursued the case - taking depositions, talking to witnesses and the police - the case settled for the full $100,000.00 insurance policy before trial.

See Bristol Superior Court Civil Action Number 00-0061.

Compensation for Back Injury

Our client was rear ended going to work on the Southeast Expressway. He suffered back injuries. For unknown reasons the jury found negligence but no damages. We refused to give up-we believed our client was injured and should be compensated. We filed a notice of appeal and the case was settled.

See Stevens v. Gorman, Suffolk Superior Court Civil Action Number 98-0472.

Fair Compensation for Facial Injuries & Scarring

Shirley was charged in criminal court in Lowell with driving under the influence of alcohol. Apparently, several months before her arrest she was at a party. She left the party with a friend. She allowed him to drive her home in her car. Thirty minutes after they left the party the car was involved in a single car accident on Route 3 North, in Chelmsford. They both suffered facial injuries. When the state police arrived both Shirley and the young man were sitting on the side of the road. Both accused the other of being the driver. After an "investigation" the police charged Shirley, allegedly because she owned the vehicle.

Shirley retained Attorney Neil Burns. We filed extensive discovery motions and went to the Lowell District Court five (5) times to litigate them. On the day of trial, the state trooper admitted that there was a witness that the government had not revealed. Furthermore, he had the witnesses address in his pocket notebook! The trial judge allowed our motion for a mistrial. More importantly, the judge allowed our motion for attorney fees. This is unusual in a criminal trial. We subsequently had the criminal charges dismissed when the Commonwealth failed to pay the attorney's fee.

Since Shirley had permanent scarring to her face, she wanted to pursue the driver for damages. The young man, however, did not own a car and had no insurance. Shirley's insurance company, by this time, was insolvent. It was critical to come up with a new strategy, and we did. Shirley's mother had auto insurance with a separate company and we pursued that company, under the insurance insolvency law. I convinced the insurance adjuster to listen to the audiotape of the criminal trial. After listening to my cross examination of the young man, the insurance adjuster was convinced that he was the driver and paid the full amount of the policy.

Unfortunately, that policy was a minimal policy and Shirley's facial injuries were extensive. We were determined to find a way to help Shirley. Therefore, we submitted the case to the Massachusetts Insurers Insolvency Fund, pursuant to Chapter 175, which "steps into the shoes" of Shirley's company when all other insurance is exhausted. The Fund refused to negotiate; in fact, they refused to return my phone calls. Thus, we filed suit in Superior Court requesting a Court Order for them to arbitrate the claim. After litigation, the Fund was ordered to arbitrate.

The arbitrator, a retired judge from the Boston Municipal Court, listened to testimony of a witness who went back to the vehicle with Shirley after the accident. The witness testified that when they put Shirley back into the passenger seat, her facial injuries matched up with the broken windshield. Hospital records I introduced showed that Shirley's wounds had glass in them.

85% of the second insurance policy was awarded by the judge.

Underinsured Drunk Driver Rear Ends Police Cruiser Injuring Officers

On November 10, 2002, while requesting the license and registration from a driver during a routine traffic stop in Chelsea, a drunk driver rear ended the parked police vehicle launching it into the two police officers. One officer suffered fractures to his left foot and ankle requiring surgery and hardware. His partner suffered injuries to his right knee requiring surgery, along with neck and back injuries. Both officers missed significant time from work. The driver of the motor vehicle fled the Commonwealth after serving his jail sentence. The owner of the vehicle was underinsured. After impaneling a jury, the owner agreed to pay for the damages and a settlement was reached.

See Suffolk Superior Court Docket Number 04-342