Rear End Collisions
Massachusetts Attorney Representing Victims of Car Accidents
One of the most common types of accidents that Massachusetts residents suffer is a rear end collision, especially in busy city centers or metropolitan areas. This type of crash can happen virtually anywhere, however, including the freeway if a driver is not paying attention to sudden changes in traffic, such as during rush hour. A rear end collision can result in serious and painful injuries for the victim and can even be fatal, especially if the crash causes their vehicle to collide with a car in front of them. Many multiple-vehicle accidents are the result of a rear end collision that happens at high speed. Figuring out which driver was at fault and which insurance companies are implicated in providing coverage can become a major headache. A Massachusetts car accident lawyer at the Law Offices of Barry Feinstein and Affiliates P.C. is ready to help you pursue the compensation that you may be entitled to after a rear end collision.
Proving Liability Against a Careless Driver
Massachusetts is a no-fault state, which means that each driver’s insurance will cover the injuries or property damage that he or she sustains in the crash. If the driver’s insurance will not cover the total amount of his or her medical bills, lost wages, and other damages, it is worthwhile to explore which driver is at fault for the crash.
To recover compensation from an at fault driver, you must show that he or she failed to drive with reasonable care and skill, and that this failure was the cause of your injuries. Although many people assume the driver in the rear is automatically at fault, this is not always the case. The driver in front may have stopped suddenly, failed to use a turn signal, or failed to have his or her lights turned on. In other situations, the driver in front may experience a flat tire or other maintenance issue and fail to pull off the roadway. The driver in front may still argue that the driver at the rear should have been traveling at a safe enough distance to stop safely in the event that the driver in front stopped suddenly.
When it comes to the rear driver’s negligence, common examples include distracted driving activities like talking on the phone or texting, following too closely, speeding, or intoxicated driving. To show that a driver was engaged in these activities, the police report from the accident may include key evidence or there may have been a witness who observed the at fault driver prior to the crash. You can also consult with an accident reconstructionist who can explain how the crash happened as a direct result of the other driver’s failure to drive safely.
Once you have shown that the other driver failed to use appropriate care, such as by driving distracted, you must next show that you would not have been injured but for this failure. This is called causation and it is a critical step because even if the other driver acted negligently, you will not be awarded compensation if you cannot show a causal link between the other driver’s conduct and your injuries. Also, the defendant may argue that you were also at fault for the accident under a theory called comparative negligence. Under Massachusetts law, if you are found to be more than 50 percent at fault for the accident, then you will not be allowed to recover compensation from the other driver.
After the causation phase of the litigation, the matter turns to determining the amount of compensation that you should be allowed to receive. This includes past and future medical expenses, lost wages, reduced earning capacity, and pain and suffering. A compassionate and experienced accident attorney can assist you in seeking the full amount of compensation that you deserve.
Meet with a Seasoned Car Accident Lawyer in Massachusetts
We know just how overwhelming a car accident can be, and the serious disruption that it causes in your life. Our team of legal professionals is available to provide legal guidance to injury victims throughout Massachusetts, including in areas around Boston, Cambridge, Newton, Waltham, Lowell, Quincy, Somerville, Dedham, Brookline, Norwood, and Peabody. A skilled injury lawyer at our office will help you understand your legal rights and whether you have a viable claim against the other driver(s) involved in the car accident. Don’t wait, time may be running out on your claim. Call us at (800) 262-9200 or contact us online.