In a Boston bus accident it’s treated like any other motor vehicle accident in Massachusetts. If a bus driver was inattentive and caused an accident, they are responsible for the injuries of the people that are onboard. If the bus driver was struck by another inattentive driver than the other inattentive driver is at fault for the injuries that result for the people on board. It’s just handled like any other claim. However, you need to deal with the MBTA and there are certain notice requirements that are necessary when making a claim against the MBTA.

Contact a Boston Bus Accident Lawyer

My name is Robert Mazow and I’m a partner at Mazow McCullough. If you’ve been hurt, or a family member’s been hurt as a result of somebody else’s negligence, call us. The right lawyer makes all the difference.

Robert Mazow, who specializes in drowning lawsuits, was recently quoted in the Boston Herald in response to the drowning of 36 year old Marie Joseph.  Ms. Joseph drowned in a public swimming pool in Fall River, Massachusetts, where there were allegedly 6 lifeguards on duty.  Supposedly a young boy saw her go under the water and notified two lifeguards.  One of the lifeguards allegedly said that he was on his break and the other lifeguard said that he would check the pool.  Ms. Joseph’s body was found two days later.  State Department of Conservation and Recreation Commissioner Edward M. Lambert Jr., whose agency runs the pool where the body of 36-year-old Marie Joseph was discovered by two trespassers Tuesday night, could not say whether any lifeguards ever looked for her.

Attorney Mazow was contacted by a reporter from the Boston Herald to provide some insight into what potential liability employees of the State run pool might have:

“Personal injury attorney Robert Mazow, who specializes in drowning lawsuits, said even if the pool staff is found to be negligent, the state could not be penalized heavily by a jury if Joseph’s relatives sue.

“Even in the most egregious acts, such as this one, if you can prove that a lifeguard completely was derelict in their duties… the family is likely limited to the $100,000 (state) cap,” the Salem lawyer said.

Even if this turns out to be a case of negligence, the unfortunate truth is that the lifeguards and those responsible for the maintenance of the pool might only be responsible for up to $100,000 of compensation for Marie Joseph’s wrongful death.

Contact a Wrongful Death Attorney in Massachusetts

If you have any questions regarding a drowning incident or wrongful death, please contact the law offices of Mazow and McCullough in Salem, Massachusetts.

Car-pedestrian accidents are on the rise in Massachusetts because of the use of cell phones, text messaging and radio play.  Pedestrians are more likely to be hit these days by automobiles.  If you are a pedestrian and you’ve been hit crossing the street, you can make a claim against the person that hit you.

Contact a Massachusetts Pedestrian Accident Attorney

My name is Robert Mazow.  I’m a partner of Mazow and McCullough.  If you have been hurt or a family member has been hurt as a result of somebody else’s negligence, call us, the right lawyer makes all the difference.

Mazow|McCullough would like to welcome Matthieu J. Parenteau to the firm as an associate attorney. While in law school, Matthieu clerked for a nationally recognized plaintiff’s medical malpractice firm in Boston. He also helped to author a practitioner’s guide to Sale of Goods under the Uniform Commercial Code as a research assistant at Suffolk University Law School. Since being admitted to the Massachusetts bar Matthieu has focused his practice on fighting for the rights of those who have been injured. He has worked to save family homes through loan modification and debt relief, represented tenants in fighting illegal evictions, and assisted the injured in recovering for their loss. Matthieu is an active member of the Volunteer Lawyers Project, the National Multiple Sclerosis Society, and the Boston Bar Association. He lives in Charlestown with his wife and enjoys basketball, skiing, playing music and all things outdoors.

Mazow|McCullough, PC Obtains Insurance Settlement Above and Beyond Available Insurance Limits

Mazow|McCullough, PC recently obtained a settlement from a Massachusetts Insurance Company beyond the available insurance limits.  Despite the insurer’s claims that it would only cover $20,000.00 of bodily injury insurance, Robert Mazow, Esq. was able to secure a settlement of $40,000.00.

On December 21, 2007, the client was operating her motor vehicle with due care on Route 1 in Chelsea, Massachusetts when she was struck by a motor vehicle operated by A.T.  The vehicle Mr. T was operating had been rented by J.P.  Mr. T. was operating a motor vehicle under the influence of intoxicating liquors and was driving without a valid driver’s license.

Suit was filed against both Mr. T. and Mr. P.  The lawsuit alleged that Mr. T. was operating negligently and that J.P. negligently entrusted the rental vehicle to Mr. T.

Mr. P’s Massachusetts insurance company claimed that Mr. P. did not give permission to Mr. T. to operate the rental car.  Claiming no-permissive use, the insurer reduced the available optional motor vehicle coverage from $100,000.00 to $20,000.00.

Discovery revealed that Mr. T. had been drinking intoxicating liquors at an establishment in Boston on December 21, 2007 and proceeded to drive a vehicle the wrong way on Route 1 North in Chelsea, Massachusetts.  Mr. T. crashed the vehicle into the client’s vehicle which was traveling in the appropriate direction on Route 1.  The client was removed from her vehicle with the “Jaws of Life” and was transported by ambulance to Massachusetts General Hospital for emergency treatment.

Mr. T. admitted to sufficient facts and was found guilty of all of the criminal charges except for Leaving the Scene of an Accident.  He was found responsible for the civil violation of Wrong Way Operation on a Highway.

Discovery revealed that Mr. P. was both independently and vicariously liable for the damages sustained by the client.  Mr. P. was independently liable for the client’s injuries due to the fact that he negligently entrusted the rental vehicle to Mr. T. when he knew or reasonably should have known that Mr. T. was unfit to drive.  Mr. T. and Mr. P. are brothers-in-law and, at the time the vehicle was rented as well as the date of the collision, lived at the same house in Saugus, Massachusetts.  Mr. T. had been at “Club 33” in Boston and was asked by Mr. P. to drive the rental vehicle to their home.  The roads were covered with snow which was falling and accumulating.  Mr. T. had been at “Club 33” for about two to three hours.  According to Mr. T., Mr. P. could attest to his condition when he left “Club 33”.  Mr. T. claimed in his answers to interrogatories that he drank only one beer, however, he informed the State Police that he drank two beers and one “Red Bull.”

Additionally, Mr. P. was vicariously liable for Mr. T’s negligence.  Discovery also revealed that at the time of the accident Mr. T was in the course of doing a single errand for Mr. P.  Under a theory of respondeat superior, Mr. P., in asking Mr. T. to perform an errand for him in his rental car, is vicariously liable for Mr. T’s tortuous conduct.

As a result of the negligence of both Mr. T. and Mr. P., the client sustained serious personal injuries.  From the collision scene, she was taken by ambulance to the Massachusetts General Hospital emergency room.  CT scans were taken of her chest and cervical spine.  She sustained trauma to her mouth and fractured a tooth.  She injured her head, back, abdomen, chest and neck and had severe headaches.  A chest x-ray revealed a pulmonary contusion and she suffered from asthma exacerbation.  She had severe pain in her sternum, right clavicle, neck and knee.

Mazow|McCullough, PC was able to secure $20,000.00 from the rental car and negotiated a settlement with Mr. P’s insurance company for an additional $40,000.00.  This was $20,000.00 more than the compulsory insurance coverage the insurer claimed was available.

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This client was kind enough to send a thank you card. Click here to see a copy. It reads:

“Thank you for your commitment and relentless efforts in finding a fair resolution to my case. I truly appreciate your honesty and will not hesitate to recommend you to any friends, family, or colleagues who may be in need of your services. You’re the best Rob! You kindness and that of your staff will never be forgotten.”

In Massachusetts, car/pedestrian accidents are very common. Drivers are inattentive, they’re using their cell phone, they’re texting, they’re on the radio – they’re not paying attention to people that are crossing the street. In Massachusetts, pedestrians have the right to be in the crosswalk safely. If you’ve been struck down as a pedestrian, you have the right to bring a claim against the person that hit you.