Boston Car Accident Lawyer Wins Rare "No Negligence" Ruling in Rear-End Auto Accident
Massachusetts nanny escapes liability for alleged $25K+ in damages after rear-end collision (Bellotti Law Group, www.bellottilaw.com)
(prHWY.com) June 4, 2012 - Boston, MA -- (Aaron McLean and Emma McLean vs. Michelle Almeida Dos Santos, Quincy District Court, 1056CV2348)
On November 11, 2008, around 7:15 p.m., Aaron and Emma McLean were traveling northbound on Blue Hill Avenue in Milton, when their vehicle was struck in the rear by Michelle Almeida Dos Santos, a local nanny who was running errands at the time of the incident. Civil litigation ensued, with the McLeans claiming numerous injuries stemming from the accident, totaling over $25,000 in damages.
Boston civil litigator Julia M. Hogan of Bellotti Law Group skillfully convinced a Quincy jury of six that there was no negligence on the part of Dos Santos. The two-day trial featured testimony from the plaintiffs, multiple witnesses, and a slew of evidence. Attorney Hogan was later asked how she overcame the deep-seated, erroneous belief that all rear-end collisions automatically make a driver liable. She explained that "Often, it is wrongly assumed that all rear-end collisions result in findings of negligence and liability. Our personal injury lawyers at Bellotti Law Group know from Massachusetts case law that the mere fact a rear-end collision occurred does not automatically establish negligence." Her colleague, Boston personal injury lawyer Peter Bellotti, agreed with this statement and added "Causation is also a necessary element in establishing tort liability. It must be shown that an offender's actions actually caused the damages sustained. Otherwise, there is no case. The mere fact that a rear-ender occurred does not mean it was the cause of alleged damages." The challenge Attorney Hogan faced and successfully handled was persuading jury members to relinquish their preconceived notions that rear-end collisions impute fault on the driver. It is a rare feat for auto accident attorneys to accomplish.
Legalities aside, this was an impressive victory for Attorney Hogan, as it is exceptionally challenging, especially in today's legal climate, to overcome the entrenched mindset that rear-end collisions always impute fault. Boston car accident attorneys should learn from Attorney Hogan's correct application of Massachusetts law and not instinctively concede liability, despite this common misconception. Visit
www.bellottilaw.com for more information.
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