Category: Auto Accidents

An estimated 32,000 people were killed in motor vehicle crashes in 2013 alone. Thousands more were injured. Sometimes, we become so accustomed to driving that we forget just how dangerous motor vehicles can be if not properly operated. Automobiles are fast and heavy machinery, which should only be operated with the utmost care. Most car accidents are completely avoidable. These are the auto accidents caused by speeding, distracted driving and aggressive driving. When these bad habits cause crashes, the consequences can be devastating.

Barbara Bagley was driving her family’s Range Rover through the desert near Battle Mountain, Nevada on December 27, 2011 when a fatal accident unfolded. She lost control of the vehicle and hit a large sagebrush, which caused her vehicle to flip over. Her husband, 55-year-old Bradley Vom Baur, was thrown from the vehicle and suffered life-threatening injuries. He was transported to the Battle Mountain General Hospital, where he died on January 6, 2012 as a result of his injuries.

After the deadly accident, Bagley sought permission from a Utah district court judge to file a wrongful death lawsuit against herself. Her attorneys, Mark Rose and Reid Tateoka, argue that Bagley has two separate and distinct interests in the lawsuit. On the one hand, Bagley has an interest as representative of her husband’s estate, and therefore has the duty to file this suit in the best interests of the estate. Separately, Bagley would be the defendant in her own capacity. As defendant, Bagley would be represented by her insurance company. Bagley’s lawsuit claims that she caused the fatal accident by failing to keep a proper lookout and failing to properly control her vehicle.

Initially, a Utah district court judge dismissed the case. Last week, however, the Utah Court of Appeals reinstated her action saying in a unanimous 3-0 decision that Utah statutes do not bar Bagley from suing herself in this type of lawsuit. According to the Salt Lake City Tribune, Utah statutes relating to wrongful death actions permit recovery when the harm is caused “by another.” The Utah district court interpreted “by another” to mean by one other than the personal representative of the deceased. The Appeals Court, however, interpreted this phrase to mean harm by one other than the deceased person. Under this interpretation, Bagley’s suit against herself is not barred.

Drunk drivers pose a serious risk of bodily injury, not only to themselves but also to other drivers and the passengers in the vehicles they are driving. The convenience and comfort that is involved with driving a car also carries with it the obligation and duty to drive in a safe, responsible manner. When someone decides to drive a car with an illegal amount of alcohol in their bloodstream, they ignore that obligation and should be held accountable for any injuries they cause.

Driving is a privilege. Many drivers, however, treat driving as a right; they think they are entitled to drive in whatever way they see fit. When someone chooses to drive in a reckless manner, however, they are responsible for the injuries and other damages they may cause because of their actions. A Florida woman faces this situation after she chose to not only drive while intoxicated, but also to stream herself while doing so.

Twenty-three year old Whitney Beall was recently arrested after police received multiple calls about a woman driving while drunk and posting it online. Beall was recording herself on the app Periscope, which allows people to record video and broadcast it live, anywhere in the world. She was driving erratically and shouting: “we don’t give a (expletive) where the (expletive) we are and I’m drunk. I’m sorry guys.” Police were able to spot Beall’s vehicle after figuring out where she was based on the video. According to wftv.com, investigators said Beall hit a curb as an officer initiated a traffic stop, and she did not hit the brakes after striking the curb. Not surprisingly, Beall failed standardized field sobriety tests and refused a breathalyzer test.

While there were no serious injuries or damages in this instance, Beall’s actions could have easily had fatal consequences. It is important to remember that every time you get behind the wheel of a car, you owe a duty of care to all others on the road. Have you been injured because of a drunk or reckless driver? If so, the last thing you need when you have sustained personal injuries in an auto accident is to deal with the myriad of issues involved in pursuing a Massachusetts car accident claim. Our trained, veteran Boston, MA motor vehicle accident lawyers will deal with all the paperwork, documentation and evidence that you need in order to build the strongest case possible.