Reeling From Your Accident? Know Your Rights And Get Back Up Right Now!

Accidents happen, especially on busy Boston streets. You’re not alone if a car accident left you injured and confused. Our Boston car accident lawyer can assist you in understanding the legal process. They can also advocate for the compensation you deserve.

Car accidents occur when a vehicle crashes into another vehicle, pedestrian, animal, object, or obstacle, whether it’s moving or stationary. These accidents vary from minor bumps causing minor damage to severe crashes resulting in injuries or even death. If you’ve been in a car accident in Boston and are unsure what to do next, continue reading. 

Quick Summary:

• Car accidents, or traffic collisions, occur when vehicles collide with other vehicles, pedestrians, animals, or stationary objects, ranging from minor fender-benders to severe crashes with injuries or fatalities. Common types of car accidents include head-on collisions, rear-end collisions, side-impact (T-bone) collisions, rollovers, and single-vehicle accidents. These incidents can have long-lasting effects, and understanding their causes and safety measures is crucial for prevention.
• After a car accident, it’s crucial to prioritize safety by checking for injuries, turning on hazard lights, and moving to a safe location if possible. Secure the scene by calling 911, exchanging information with other drivers, gathering evidence, and contacting your insurance company while avoiding admissions of fault and social media discussions until the situation is resolved.
• Massachusetts operates under a no-fault car insurance system, where you initially file claims with your insurance for medical expenses and lost wages regardless of fault, but you can sue the at-fault driver for serious injuries or significant financial losses. The state also follows a modified comparative negligence rule, meaning your compensation can be reduced by the percentage you’re found at fault. Additionally, Massachusetts has a three-year statute of limitations for filing car accident lawsuits, with exceptions for minors and individuals with mental incapacity.
• In a car accident claim, you can recover economic damages for financial losses like medical expenses, lost wages, property damage, and home modifications. Additionally, non-economic damages cover intangible impacts such as pain and suffering, emotional distress, loss of consortium, scarring, and disfigurement, or compensation in wrongful death cases.

What are Car Accidents?

Car accidents are also known as traffic collisions or motor vehicle collisions. They occur when a vehicle collides with another vehicle, pedestrian, animal, object, or another moving or stationary obstruction. These accidents can range from minor fender-benders with little damage to very serious crashes with injuries or fatalities.

There are many different types of car accidents, with some of the most common being:

• Head-on collisions: When the fronts of two vehicles collide head-to-head.
• Rear-end collisions: When the front of one vehicle strikes the rear of another vehicle.
• Side-impact collisions (T-bone accidents): When the side of one vehicle hits the side or front of another vehicle.
• Rollover accidents: When a vehicle flips over onto its side or roof.
• Single-vehicle accidents: When a vehicle crashes into an object or terrain without hitting another vehicle.

Beyond the immediate impact, these collisions can have long-lasting consequences. Determine the factors contributing to car accidents and explore ways to keep ourselves and others safe.

What are the Common Causes of Car Accidents?

If you’ve been involved in a collision, understanding the common causes of car accidents in Massachusetts can help you determine your next steps. Massachusetts roads are busy, and unfortunately, accidents happen. Here are the most frequent factors contributing to collisions on Massachusetts roadways:

• Distracted Driving: Texting, talking on the phone, or eating while driving diverts your attention from the road, increasing your risk of a crash.
• Speeding: Going over the speed limit reduces your reaction time and the space needed to stop safely, making accidents more likely and severe.
• Drunk Driving: Alcohol impairs judgment, coordination, and reaction time, significantly increasing the risk of an accident.
• Reckless Driving: Aggressive maneuvers like speeding, weaving through traffic, and ignoring traffic signals endanger yourself and others.
• Weather Conditions: Rain, snow, fog, and icy roads can significantly reduce visibility and traction, making it harder to control your vehicle.
• Drowsy Driving: Driving while tired can be just as dangerous as driving under the influence. Fatigue impairs judgment and reaction time.

What Injuries Arise from Car Accidents?

The severity of injuries in a car accident can vary greatly, depending on the force of impact and safety measures in place. Understanding the types of injuries commonly associated with car accidents can help you recognize the need for medical attention and prepare for the recovery process. Here’s a closer look at some common car accident injuries:

• Broken Bones: Collisions can cause fractures in any bone, with legs, arms, ribs, and the collarbone being especially vulnerable. These injuries often require casting or surgery and can cause significant pain and limited mobility for weeks or months.
• Severe Bruising: The force of a crash can cause deep bruising, bleeding under the skin, and muscle soreness. While typically not life-threatening, severe bruising can be painful and restrict movement.
• Amputations: In the most serious accidents, crushed limbs may require amputation. This life-altering injury necessitates extensive rehabilitation and prosthetics to regain function.
• Scarring and Disfigurement: Cuts, burns, and deep scrapes can heal into permanent scars. Facial scarring can be particularly emotionally difficult to cope with.
• Traumatic Brain Injuries (TBI): A blow to the head during a crash can cause a TBI, ranging from mild concussion to life-threatening brain damage. Symptoms like headaches, dizziness, memory loss, and difficulty concentrating can significantly impact daily life.
• Back Injuries: The spine is susceptible to injury in car accidents, with whiplash being a common strain or tear of muscles and ligaments. More serious injuries can involve spinal cord damage, leading to paralysis or permanent nerve damage.
• Internal Injuries: Impacts can cause internal bleeding, organ damage, and other injuries that may not be immediately apparent. Seeking medical attention after an accident is crucial to diagnose and treat these internal injuries.
• Psychological Trauma: Car accidents can be shocking and terrifying experiences, leading to post-traumatic stress disorder (PTSD) or anxiety. These mental health conditions can require therapy and medication to manage.
• Wrongful Death: Tragically, some car accidents result in fatalities. In these cases, survivors may pursue legal action for wrongful death to recover compensation for their loss.

The severity of these injuries can vary depending on factors such as the speed of the vehicles involved, the use of seat belts and airbags, and the presence of other safety features in the vehicle.

What Should I Do After a Car Accident?

The aftermath of a car accident can be overwhelming. Between the shock of the collision and potential injuries, it’s easy to feel unsure of what steps to take next. However, taking the right actions immediately after an accident can protect your health, safety, and legal rights. Here are some crucial steps to follow after a car accident in Massachusetts:

Ensure Safety

• Check for Injuries: Before anything else, assess yourself and any passengers in your car for injuries. If anyone is seriously hurt, call 911 immediately.
• Turn on Hazard Lights: Turn on your hazard lights to warn other drivers of the accident and avoid further collisions.
• Move to a Safe Location: If possible, move your car to the side of the road or a safe area away from traffic. That minimizes the risk of further accidents and allows emergency responders easy access.

Secure the Scene

• Call 911: Even for minor accidents, it’s crucial to call the police and report the accident. This creates an official record and allows officers to investigate and direct traffic if needed.
• Exchange Information: Once it’s safe, exchange contact information with all involved drivers, including names, phone numbers, and insurance companies. Take pictures of driver’s licenses, insurance cards, and license plates if possible.
• Gather Information: If there are any witnesses, try to get their names and contact information. Take pictures of the accident scene, damage to vehicles, and any surrounding landmarks or traffic signs.

Protect Yourself Legally

• Avoid Admitting Fault: Don’t apologize or say anything that could be interpreted as admitting fault for the accident. Stick to the facts and explain what happened from your perspective.
• Don’t Discuss the Accident on Social Media: Avoid posting about the accident on social media until you’ve spoken with your insurance company and a lawyer (if needed).
• Contact Your Insurance Company: As soon as possible, contact your insurance company and report the accident. Follow their instructions for filing a claim.

Additional Tips

• Don’t Leave the Scene: Leaving the scene of an accident, even a minor one, is a crime. Stay at the scene and cooperate with the police.
• Document Everything: Take pictures, and videos, and gather as much information as possible to support your case.
• Seek Medical Attention: Even if you don’t feel immediate pain, get checked out by a doctor after an accident. Some injuries may not be apparent right away.
• Consider Legal Advice: For complex accidents or serious injuries, consider consulting with a Boston car accident lawyer. They can advise you on your legal rights and help you navigate the claims process.

By following these steps, you can take control of the situation after a car accident, protect your health and safety, and ensure you have the information needed to move forward.

What Are Massachusetts’ Policies Regarding Car Accidents?

Being involved in a car accident can be a stressful experience, leaving you with physical injuries, property damage, and lost wages. While focusing on recovery is important, you may also be wondering if you have grounds for a car accident claim. Several factors come into play when deciding whether to pursue compensation and understanding these considerations can help you make informed decisions about your next steps.

Massachusetts No-Fault System

Massachusetts operates under a no-fault car insurance system. That means that regardless of who caused the accident, you initially file a claim with your insurance company for medical expenses and lost wages up to your policy limits.

Exceptions to No-Fault

There are exceptions to the no-fault system where you can pursue a claim against the at-fault driver’s insurance company:

• Serious Injuries: If your injuries are considered “serious” according to Massachusetts law, you can take legal action against the driver who caused the accident for all the harm you’ve suffered, like pain, lost wages, and damage to your belongings. A “serious injury” usually means you have permanent disfigurement, lost some body function, a major fracture, or a second or third-degree burn.
• Loss of Work: If your injuries cause you to lose more than two weeks of work and incur medical expenses exceeding $2,000, you can also sue the at-fault driver.

Modified Comparative Negligence

Massachusetts follows a modified comparative negligence system. That means that your recovery can be reduced by the percentage you’re found to be at fault for the accident.

For example, if you’re deemed 20% at fault and your total damages are $10,000, you’d receive $8,000 ($10,000 x 80%).

What is the Statute of Limitations in Massachusetts For Car Accidents?

You have three years from the date of the accident to file a lawsuit for personal injury or property damage in Massachusetts. However, some exemptions to this rule can extend the deadline for filing a lawsuit including:

• Minority: If the injured person was a minor (under 18) at the time of the accident, the three-year clock doesn’t start ticking until their 18th birthday. They would then have three years from that date to file a lawsuit. 
• Mental Incapacity: If the injured person was mentally incapacitated at the time of the injury and unable to understand the nature and consequences of their legal rights, the statute of limitations may be tolled until their mental capacity is restored. A doctor’s evaluation would be necessary to establish this.

Missing the deadline to file a lawsuit can significantly impact your ability to recover compensation for your damages. Make sure you file your claim timely. 

What Damages Can I Collect in a Car Accident?

The type and amount of compensation you can recover after an accident depends on the specifics of your case. Here’s a breakdown of some common categories of recoverable damages in car accident personal injury claims:

Economic Damages

Economic damages are the financial losses you suffer as a direct result of your car accident injuries. These are typically proven with bills and receipts and aim to make you whole again financially. These are financial losses with clear bills and receipts.

• Medical Expenses: This includes coverage for past, present, and future medical treatment related to your injuries, such as doctor visits, hospital stays, surgery, medication, and physical therapy.
• Lost Wages: If your injuries prevent you from working, you may be able to recover compensation for lost income, including salary, bonuses, and commissions.
• Property Damage: Reimbursement for repairs or replacement of your vehicle if it was damaged in the accident.
• Home modification: In some cases, serious injuries may require modifications to your home to accommodate your needs, and these costs can be included in your claim.

Non-Economic Damages: 

Non-economic damages are awarded for the intangible ways a car accident has impacted your life. These can include pain and suffering, emotional distress, or loss of enjoyment of activities, and are more subjective to determine than economic damages . These are intangible losses that can be more difficult to quantify.

• Pain and Suffering: Compensation for physical and emotional distress caused by your injuries.
• Loss of Consortium: If your injuries impact your ability to maintain a loving relationship with your spouse, you may be able to recover damages for this loss.
• Scarring and Disfigurement: Compensation for the physical and emotional impact of permanent scarring or disfigurement resulting from the accident.
• Wrongful Death: If a loved one dies due to a car accident caused by another’s negligence, surviving family members may pursue a wrongful death claim for compensation for their loss.

Why Do I Need a Boston Car Accident Lawyer?

Dealing with the aftermath of a car accident in Boston can be a major headache. Between medical bills, car repairs, and lost work, the financial burden can quickly add up. On top of that, navigating the legal side of things can be confusing and stressful. That’s where a Boston car accident lawyer can step in and make a big difference. Here’s why having a lawyer on your side is crucial:

• Understanding the Law: Car accident laws in Massachusetts can be complex. A Boston car accident lawyer can explain your rights and obligations, ensuring you navigate the legal process smoothly.
• Leveling the Playing Field: Insurance companies have experienced adjusters who work to minimize payouts. A lawyer can fight for fair compensation, protecting your best interests.
• Gathering Evidence: Building a strong case requires collecting evidence like police reports, medical records, and witness statements. A lawyer has the experience and resources to gather the necessary proof to support your claim.
• Negotiating a Settlement: While lawsuits are an option, most car accident claims are settled out of court. A lawyer with strong negotiation skills can work to secure a settlement that reflects the full extent of your damages.
• Going to Trial: If a fair settlement isn’t reached, a lawyer can represent you in court, protecting your rights and presenting your case effectively in front of a judge or jury.

Getting into a car accident is serious, not only physically, but emotionally and financially. This tragic incident hits everyone involved deeply. Get back on your feet and talk to a Boston personal injury lawyer right now. 

Call our Boston Car Accident Lawyer Now!

We have seen many times how stressful and life-changing a car accident can be for a victim. The legal system can be complicated and confusing, especially if you have never been involved in a lawsuit. The Law Offices of Barry Feinstein & Affiliates P.C. can stand by you throughout the entire process. We can guide you from investigating the claim to protecting your rights against insurance companies. 

We have served victims and their families in the areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Peabody, and more areas in New England. Call us today to schedule a free consultation with our attorneys following a car, pedestrian, motorcycle, or bicycle accident.