Safe Driving Tips for the Labor Day Weekend in Massachusetts

Safe Driving Tips for the Labor Day Weekend

The people of Massachusetts love their holidays and Labor Day is no exception. The weather is still warm and (hopefully) sunny; the beaches and summer hotspots are still open; and it is one last chance to party before the fall swoops in with winter soon to follow. It sounds dramatic, but New Englanders know all too well what will be here in a few short months. The Labor Day weekend is a great opportunity to enjoy family and friends before school and football season get underway.

Called one of the busiest “road trip” weekends of the year, hundreds of thousands of cars, trucks and motorcycles will traverse the Massachusetts highways this coming weekend. More vehicles mean more traffic, which means more unsafe drivers on the roads. It also means that law enforcement will be everywhere, patrolling the city streets and highways. While everyone should take full advantage of this exciting long weekend, it is important to keep in mind some important, friendly reminders regarding driving safety. After all, the number of motor vehicle accidents in Massachusetts is consistently increasing at an alarming rate – and distracted driving is a big reason for this.


1.    DON’T DRINK, DO DRUGS OR TEXT AND DRIVE!!!! We do not see as many drunk driving commercials as we used to, but this very serious problem still exists. Some drivers make first-time mistakes while others are repeat offenders. Teens and college students often do not realize how alcohol affects them until it is too late. Adults often know that they shouldn’t be driving but decide to risk it anyway. Even one drink may be too many when deciding whether to get behind the wheel. Before you find yourself in a situation where you hurt yourself or others, or are arrested and need the help of a good attorney, don’t take a chance. It is not worth it.

Along the same lines, do not text while driving. Whatever it is, it can wait. In addition to keeping yourself out of an accident, set a good example for your kids. Unfortunately, teens are some of the worst offenders when it comes to texting while driving. If you or a loved one cause an accident due to driver distraction OR you are in accident due to the negligence of someone else, contact an experienced personal injury attorney in Massachusetts as soon as practically possible.  


2.    Watch Out for Motorcycles, Pedestrians and Bad Drivers: The holiday weekend plus the warm weather mean that many motorcyclists will be out in full force as they take their final rides of the season. Motorcycles are tricky to see even in the best road conditions, and they are even harder to see when there is lots of traffic clogging the highways.

Downtowns will be filled with people dining, shopping and seeing the sights. Be aware of pedestrians while driving on these streets. In addition to the growing number of “regular” car accidents, pedestrian-related car accidents in Massachusetts are also on the rise. During this holiday weekend, drive slowly and scan the roads in front of you.


3.    Avoid Driving at Night: Evenings and late nights often signal the end of day trips and barbeques. Swarms of drivers will hit the roads during these times. And some of them will be too impaired to drive properly. While nighttime driving is always more difficult due to hidden dangers, it is even more so during holiday weekends.

Make good decisions, drive carefully, and enjoy your Labor Day weekend!


By George C. Malonis


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Can My Facebook Posts Be Used Against Me in a Divorce? Massachusetts

Use of Social Media Laws in a Court Case

Popular social media sites like Facebook and Twitter can be an easy way to share your thoughts and photos with friends and family. However married couples who are going through marital hardships and are involved in extramarital affairs are at risk. Your Facebook profile is an open source for people to comment, like or share negative feelings about you on your profile. Be careful what you post or tweet as this can also lead to a lot of incriminating evidence if you are in the middle of a divorce. If your girlfriend or mistress decides to post something on your Facebook page and your spouse happens to see it you will have a lot of explaining to do. These social sites and others have become an easy source that can prove adulterous behavior. Once the post or tweet is sent, it will forever live on a server somewhere even after deleting it. The posts can also be printed from the website as well. Every case is different, however with increased frequency, social media users are finding out that what they post may be used against them in the court of law.
The internet presents a special set of challenges to the legal field, and because of this, most laws regarding the social media are narrowly defined. With the rising rates of online crime and disagreements, legislators have had to keep passing new laws and amending the existing ones. The following are some of the cases that find their way in courts often and how they are approached:

Privacy issues


A social media account is considered private if access to its password is limited to a person or a specific group of people. Gaining access to such an account without the consent of the authorized persons is considered to be an interference with privacy.
In the US, the major problem a while back had been with companies forcing their workers to provide their social media passwords as a condition for employment. Almost all states now prohibit firms from making such demands and allow the victim to file for damages.

It is however important to note that companies that have their in-house social media platforms can access their employee information on these platforms provided they clearly inform their workers about this in their terms and conditions. The same applies to educational institutions.

Intellectual rights
Copyrighted content is not supposed to be shared on social media without consent of the copyright owner. On popular platforms like Facebook, this rule is frequently ignored and the culprits always get away with it; but posting or downloading unauthorized content may lead to a conviction if the property owner decides to follow up.

An individual can be found guilty of copyright infringement even if they themselves do not post or share the content in question. Fortunately, before one is taken to court for content infringement, the owner must first send a warning and demand the user to remove the content within a reasonable period. Only after they are sure that the person has received the message but has refused to comply can they go to court.

Defamation and trolling

Defamation is the act of making unfounded statements that may damage the reputation of an institution or individual. Trolling has been given various definitions in different jurisdictions; it however has to do with online harassment of a person either through public comment sections or via private messages. Both defamation and trolling carry punishments if one is convicted. Like other cases, the complainant must file an official court complaint against the suspect.

Because of the fragile nature of social media laws, very few cases ever result in convictions. Complainants raise their chances of successful lawsuits if they seek representation from attorneys that have special training in social media laws. Similarly, if you ever find yourself in trouble for misusing social media, get a qualified attorney to secure your best interests.

Employers who are found violating the law regarding access of employees’ social media accounts may attract a civil penalty. An employer may have the need to access employees’ personal social media accounts, but then again, it is important to determine if such employer is permitted to do so in their state.


By George C. Malonis


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Car Accident and Insurance Laws in Massachusetts

If you reside and drive in the state of Massachusetts, you should be aware of the state’s laws regarding car accident handling and protection.  Being knowledgeable about the laws will help you prevent unexpected losses due to car accidents, as well as guide you in case you encounter one.

Filing Period for Car Accident Claims

The “statute of limitations” law applies in the state.  This pertains to a three-year grace period given for plaintiffs to file a personal injury or property damage case against erring parties.  If you don’t file your case within the three-year period, you may not be able to do so despite the strength and validity of your case.  This limitation is only for lawsuits in the state and not for filing a claim with your insurance company. 

If you ever get involved in a car accident, do contact your insurance provider immediately so as to expedite an investigation and to receive your compensation promptly. 

The Comparative Fault Rule

Massachusetts follows the comparative-fault rule, meaning that the extent of fault of all parties are pre-evaluated based on the findings of the investigation.  Under the comparative-fault rule, you can recover damages from the car accident only if you were found to be less than 50% at fault for the accident.  If your fault level is 50% or higher, you receive no compensation. 

The ratio of fault also determines how much damage compensation you are entitled to in a rule of court.  For example, if the jury has determined that you were 30% responsible for the accident, you get to receive only 30% of total damages you filed for in court.

Car Insurance Requirements Under Massachusetts State Laws

Massachusetts is one of the states which consider car insurance coverage as mandatory.  At the very least, you should get an auto insurance policy to cover the following:

1.    $20,000 liability coverage for one person’s injuries
2.    $40,000 liability coverage per person if the accident caused injury to more than one person
3.    $8,000 personal injury protection (PIP) per accident
4.    $5,000 liability coverage for property damage per accident

Liability (1, 2 and 4) covers losses in case a seriously injured driver sues the insurance holder, and losses from damage to the vehicles involved. PIP pays for the medical expenses of both the insured person and whoever else is injured in the accident.

These minimum insurance requirements do not cover vehicle repairs or replacement, damage and loss resulting from non-accidents (such as thefts or vandalism), and uninsured drivers.  You need to buy additional insurance coverage for Collision, Comprehensive, and Uninsured Motorist coverage. These types of coverage are not required under Massachusetts state laws.

The Massachusetts Auto Insurance Plan (MAIP)

The state has its own insurance program that assists drivers who could not obtain even the minimum insurance coverage in the regular market, especially drivers with adverse driving or accident records.  An insurance application to MAIP may be submitted by the insurance agent or broker, and the application will be assigned randomly to an insurance provider who is licensed under Massachusetts to sell insurance policies in the state.

Finding the Right Insurance

The premiums you’ll be quoted depends largely on your personal data, particularly your age, driving record and experience, accident history, location, and of course, the amount of coverage you want. You may want to shop around first for reputable insurance companies in Massachusetts, and to get quotes from several companies before deciding on your insurer. 

You may also want to negotiate for any discounts you might be entitled to, especially if you’ve had an excellent driving record and if your car has had low mileage during the year.  Do not hesitate to ask for the fine print of the insurance contract before signing up.  If needed, consult a car accident lawyer or insurance expert to clarify any points you are unsure of in the proposed contract.

By George C. Malonis

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