The days surrounding Thanksgiving are some of the most dangerous to be on the road. Unfortunately, drivers are often tired, distracted and sometimes even intoxicated behind the wheel. These factors can significantly increase the chance of accident on the road. If you or a loved one was hurt in an auto accident over Thanksgiving, you may be able to make a financial recovery for your losses. At The Law Offices Barry Feinstein & Affiliates, P.C., we are committed to protecting the rights of clients in even the most complex Massachusetts personal injury cases.
This past Thanksgiving was the most heavily-trafficked in more than a dozen years, with over 48.5 million motorists on the road over between Thanksgiving day and Sunday, November 25, according to the American Automobile Association. This was an increase of 2.5 million cars over 2017. This holiday weekend is typically a dangerous weekend for motorists, as accident and injury rates are higher than usual.
Sadly, one Bedford woman was killed on Thanksgiving Day in a head-on collision. Law enforcement say that a 21-year-old man driving a Toyota Corolla reportedly lost control of the car and hit a Honda CR-V that was traveling in the opposite direction. The woman who died was a passenger in the Corolla. Police believe that speed was a factor in the accident although the investigation is ongoing.
Holding Negligent Parties Responsible for Auto Accidents
The vast majority of car accident cases are rooted in the legal theory of negligence. In Massachusetts, negligence is defined as a legal duty and a violation of that duty that results in injury to another. The violation of the duty may be through action or inaction (i.e., a failure to act when there is a duty to do so). In order to win a negligence claim under state law, the plaintiff has the burden of establishing the following elements:
- The defendant owed the plaintiff a duty of care (i.e., they must act in a manner behind the wheel that another reasonably prudent driver would have under the same or similar circumstances);
- The defendant breached the duty of care owed to the plaintiff;
- The defendant’s breach was a direct cause of the car accident; and
- The plaintiff suffered quantifiable harm as a result (i.e., bodily injury or property damage).
Consider the following example. Reckless Driver (R.D.) causes an accident that results in serious injury because he was excessively speeding. In such a scenario, R.D. would be liable for the resulting harm and property damage because a reasonably prudent driver would not excessively speed and violate the duty of care owed to others on the road, understanding the risk of accident and injury associated with such behavior.
Seasoned Massachusetts Car Accident Attorneys
If you have been injured in a car accident that was not your fault, you need legal counsel to help you understand your next steps. At The Law Offices of Barry Feinstein & Affiliates, P.C., our skilled Massachusetts car accident attorneys understand how to protect your rights in complicated car accident cases. With extensive experience, we will analyze the facts of your case and help you secure the compensation you rightfully deserve for your harm. To schedule a free consultation regarding your accident, please call us today at 1-800-262-9200 or reach us through our website.
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