Improper Passing Accidents
Seasoned Massachusetts Lawyer Representing Victims of Car Crashes
There are countless traffic laws that govern Massachusetts roadways, and that are designed to keep motorists, bicyclists, and pedestrians safe. When drivers disregard these laws either intentionally or absentmindedly, the outcome can often result in painful injuries or even fatalities for the involved victims. Improper passing involves situations where a car fails to engage in correct passing techniques such as using a blinker when changing lanes, and obeying the speed limit. A dedicated Massachusetts car accident attorney at our firm is standing by to assist you with determining whether you are entitled to financial compensation from a careless driver who injured you in an improper passing accident.
Passing isn’t an inherently prohibited activity. It is ok to pass another car in some situations. But if you fail to abide by some of the rules that apply to passing safely and cause an accident, you can be held liable. First, many drivers do not anticipate when another car is preparing to pass them, which means that they may suddenly change lanes, accelerate, or apply the brakes without being aware that another car is either immediately behind them or to their side.
In Massachusetts, the left lane is specifically designated as a passing lane. This means that cars are generally not permitted to pass another vehicle on the right side. This also means that cars are typically not allowed to travel in the left lane for a continuous period of time. Once you have passed a vehicle, you must return to the right lane. There are some exceptions to the requirement of only passing a car on the left side, such as a situation where the car ahead is preparing to make a left-hand turn, on a one-way street, or where safety requires you to do so.
In some situations, drivers may be permitted to cross over the center line and travel in the oncoming lane of traffic in order to pass a vehicle. However, a type of unsafe pass is known as a blind pass, which involves situations where the passing car does not have a clear view of oncoming traffic. These situations usually involve winding roads where curves make it difficult to see whether cars are coming and passing should be avoided.
Establishing Liability for an Improper Passing Accident
If you were injured in an accident involving unsafe passing, you can file a personal injury lawsuit against the party who caused the crash to recover damages for your expenses and injuries. The first step in this lawsuit is proving that the other driver failed to operate his or her vehicle with the same care and skill that a reasonable driver would have demonstrated when faced with a similar situation. This means that if a prudent driver would not have attempted to pass your car, then the defendant probably acted negligently. Sometimes an accident reconstructionist or other type of traffic expert is needed to testify regarding the appropriate standard of care in traffic-related situations. A knowledgeable car accident lawyer can help you identify an expert who would be qualified to provide testimony in your case.
Next, you must be prepared to show that the driver’s lack of due care is what caused your injuries. It’s not enough to prove that they drove negligently; you must also show that you would not have been injured but for their careless driving. Finally, you will be required to provide evidence substantiating the amount of damages that you are seeking in the lawsuit. This includes things like past and future estimated medical expenses, missed wages, reduced earning capacity, permanent disability or disfigurement, and pain and suffering.
Speak with a Diligent Car Accident Lawyer in Massachusetts
We know how stressful it can be to consider how you will recover from your injuries and pay your bills following an improper passing accident in Massachusetts. From collecting evidence to negotiating with insurance companies, a compassionate car accident attorney at our firm will work to ensure that your case is handled in an efficient and diligent manner. We are available to represent clients in areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. To schedule your free consultation, call us at (800) 262-9200 or contact us online.