Lawyers Helping Those Injured in Massachusetts
Many drivers dream of owning a convertible or already have a convertible that they drive on a regular basis. These vehicles offer a different type of experience on the road in terms of freedom and unparalleled views, but they also pose unique dangers. Although a number of motor vehicle makers have attempted to enhance the safety of roofless cars, there are still a number of accidents involving convertibles that result in catastrophic accidents and fatalities. All it takes is one accident to cause severe and permanent changes for the victim’s life and his or her loved ones. The Massachusetts car accident attorney at The Law Offices of Barry Feinstein & Affiliates P.C. is available to assist injury accident victims with exploring their right to compensation after convertible accidents.
Seeking Compensation After an Accident
When it comes to safety, convertibles offer less protection from external elements even when the top is extended. The soft material that is the roof of the vehicle cannot withstand the same impacts that a car with a fixed roof can. If you suffer injuries in an accident involving a convertible, you may have a claim against the individual who was driving the vehicle as well as other parties involved in the accident.
If a driver of a convertible causes an accident or if the convertible is involved in an accident caused by another driver, then the victim must prove that the driver or driver of the other vehicle acted carelessly. In general, motorists owe other drivers and pedestrians a duty to drive with the same reasonable care and skill that a careful and prudent driver would use if faced with the same or similar situation. Examples of breaches of this standard of care include speeding, driving aggressively, tailgating, ignoring traffic signs, and distracted driving. Taking turns too fast is a common example of an accident that can cause serious injuries for passengers in convertibles. If the driver loses control and the vehicle rolls then the passengers will be subjected to terrible impact and injury.
In many cases, the defendant will try to show that some other factor was the primary cause of the crash, including evidence of another party’s negligence. If you were injured in an accident that was allegedly caused by another driver, for example, that driver may try to argue that the driver of the convertible in which you were riding also acted negligently. An example would be evidence from a police report prepared after the accident showing that the driver of the convertible was speeding, intoxicated, or ran a red light.
It may also be worth investigating whether a manufacturing or design defect was to blame for the accident. In this case, you would have a claim against the car designer and manufacturer for compensation. Having a seasoned Massachusetts lawyer on your side can help you ensure that you present the strongest case possible. A product liability case can become very complex and often requires consultation with numerous experts including vehicle design experts and accident reconstruction specialists.
When it comes to damages, the victim of convertible accidents can seek compensation for many different things. Some of the most common damages sought include past and future medical expenses, lost wages, reduced earning capacity, pain and suffering, and reduced quality of life. Your loved ones may also be able to bring a claim for loss of consortium if your injuries are severe and permanent.