Rear End Collisions
Dedicated Rear End Collisions Attorney Serving Peabody, Massachusetts
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 dedicated Peabody rear end collisions attorney 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.
Why Do You Need a Rear End Collisions Attorney in Massachusetts?
If you need a lawyer after being rear-ended in a vehicle accident relies on several circumstances, such as the severity of the accident, whether the blame is challenged, and the conduct of the at-fault driver’s insurance company. Below are the advantages of hiring our skilled rear end collisions attorney.
You may have heard that the person who rear-ends your vehicle is immediately at blame for the collision. The legislation requires drivers to maintain a safe gap between their car and the vehicle in front of them. Even if you slammed on your brakes for whatever reason, the driver behind you should have been enough behind you to avoid colliding with you.
Individuals may be judged at blame if they were driving recklessly, violently, or under the influence of drugs or alcohol at the time of the collision. When evaluating blame, unexpected moves such as placing a car in reverse at a red light may also be considered. If the fault can be partially or fully challenged in your accident claim, you may wish to talk with our professional rear end collisions attorney for aid in constructing your case.
Compared to other types of collisions, such as head-on collisions, rear end collisions may appear to result in less severe injuries. While this may be true for low-speed incidents, high-speed rear end collisions can have catastrophic results. And frequently, major injuries are accompanied by substantial medical expenditures and expenses.
If you sustained significant injuries in a rear end crash, your road to recovery may be lengthy and arduous. You might face several corrective procedures, rehabilitation, persistent pain, paralysis, and other complications. It is possible that you may be unable to work for a lengthy period, and that your way of life will be dramatically or perhaps permanently altered.
The severity of your injuries increases the need of consulting with our competent Peabody rear end collisions attorney to ensure that you obtain reasonable payment for your pain and suffering, lost earnings, medical expenses, and property damage.
Before you file a personal injury lawsuit against the motorist who caused your injuries, you should seek reimbursement from the at-fault driver’s auto insurance company. Unfortunately, not all insurance firms handle their clients and accident victims fairly.
Remember one thing when communicating with an insurance company, let it be this: regardless of how kind an insurance adjuster may appear, you are not their priority. Their ultimate objective is to save their company money, which sometimes includes attempting to convince claimants to accept lowball settlement offers or even dismissing claims.
If an insurance company tries to pressure you into accepting a settlement offer fast, avoids your phone calls, or questions the legitimacy of your injuries and costs, you need the legal skill and authority of an accident lawyer. Hiring our knowledgeable rear end collisions attorney sends a clear message to the auto insurance company that you are aware of the value of your case and will not settle for less.
What Are the Usual Causes of Rear End Crashes in Massachusetts?
There are an almost infinite number of circumstances that might cause a rear end collision or multi-car pileup. The majority are caused by reckless or inattentive actions that divert a driver’s attention from the road, such as:
- Use of cellphone
- Alternating radio station
- Programming navigation systems
- Inserting CDs
- Grooming or inspecting one’s reflection
Under Massachusetts law, the responsible motorist is accountable for the injuries they inflict if the collision was caused by a lack of due care, regardless of the cause of the collision. Our qualified rear end collisions attorney can assist a victim through the legal recovery procedure and fight for the client’s entitlement to monetary compensation.
What Are the Most Common Injuries After a Rear End Collision in Massachusetts?
Now that you understand how they occur, you should also be aware of the potential hazards associated with rear end collisions. Even a modest rear end collision might cause serious bodily harm. A small injury might grow into a dangerous condition if the right treatment is not administered.
As a result of a rear end collision, the following are some of the most prevalent injuries:
Soft Tissue Injury
Soft tissue damage is a common automobile accident injury, especially in rear end collisions. Imagine that you are a passenger in a vehicle. The vehicle stops. Unpredictably, another vehicle crashes into yours from behind. Your vehicle propels ahead, causing your body to propel forward as well. However, not all portions of your body move forward simultaneously.
Themotions collectively contribute to the injury known as whiplash. The “whip,” so to speak, is the spinal column, which deforms and converts the impact’s energy into a quick, forceful head movement. In a vehicle collision, soft tissues such as the neck’s muscles and ligaments strain much beyond their usual range of motion. As with any strain, these injuries are uncomfortable, but they can also induce secondary symptoms such as headaches and skeletal-muscular pain.
As anybody who has dealt with chronic pain can attest, such persistent agony can make life unpleasant. Others may disregard or minimize your whiplash-related pain and suffering, but our professional Peabody rear end collisions attorney will never do so.
Spinal Cord Damage
All of the pressures that affect the soft tissue in your head and neck can also cause structural damage to your spinal column, which is particularly sensitive. Rear end crash victims frequently suffer from neck injuries, burst discs, fractured vertebrae, and, in severe cases, spinal cord injury.
Spinal injuries are a grave matter. A back injury, such as disc or vertebrae damage, may require surgery and months of rehabilitation. People frequently need to wear back braces and cannot stand for extended periods. This makes it difficult for Americans to work and has prompted them to turn to strong, habit-forming painkillers to dull the pain. Even if a back injury finally heals, an opioid addiction may develop in its stead.
Living with a spinal cord injury can cause secondary health concerns and cost millions of dollars over the lifetime of the person. Consequently, resulting in auto accident claims can be extremely complex. Consult with us at the Law Offices of Barry Feinstein. We have experience assisting victims of spinal injuries in these types of accident cases.
Due to all of the “whipping” of the neck and head in a rear end accident, the brain is another component of a person’s body that can experience a significant injury. The brain moves somewhat independently of the skull, just as the head and neck move somewhat independently of the torso. When a person’s head experiences an impact or jolt (such as the quick, strong cracking of the head in a “whiplash” scenario), the brain can sustain tissue damage by moving awkwardly within the skull.
Mild bruising or swelling may lead to a concussion, which can result in rapid cognitive, motor, and emotional impairment. Some concussions may recover over time, while others result in complications and long-lasting damage. A more serious accident may result in a traumatic brain injury, which can leave the victim permanently disabled.
One of the major risks associated with brain injuries is that they are not usually immediately obvious. It is tempting to dismiss symptoms as stress following a stressful incident, but a headache or “brain fog” after a vehicle accident might be indicative of a significant brain injury. Always seek medical assistance if you have sustained a head injury or a severe jolt.
Because a brain injury is a medical illness with complicated and variable repercussions, the following personal injury claim can be difficult for victims and their families. You require competent legal counsel from our knowledgeable rear end collisions attorney who knows the nature of brain damage.
Other Extreme Injuries Such as Burns, Lacerations, and Complex Broken Bones
In a rear end accident, burns, lacerations, and fractures are three additional prevalent forms of injuries sustained by the leading vehicle’s occupants. However, as we’ve observed, those are not the only injuries that can arise from a rear end collision, nor are the occupants of the leading vehicle the only ones who may be injured. In every collision, the occupants of both vehicles risk suffering severe injuries.
Impacts can trigger fires or explosions, which can result in serious, life-threatening burns and scarring. Glass shatters and metal bends in all but the mildest incidents, generating sharp edges that can cause serious injuries. These lacerations can result in significant blood loss and permanent muscle and nerve damage.
We at the Law Offices of Barry Feinstein assist both injured individuals and families who have lost loved ones due to tragic injuries. A lawsuit for wrongful death might help them recover from their heartbreaking losses.
Secondary Collision Injuries
Frequently, rear end collisions initiate a tragic chain reaction. The disturbance in traffic flow can result in a rapid accumulation of trucks and automobiles, which might slip into walkways, other lanes, or crossings, or be driven into ditches or down embankments.
Consider a typical pileup accident on the interstate: it often begins with an unforeseen event or road condition that causes traffic to stop. Unprepared for the abrupt occurrence of a traffic bottleneck, drivers continually collide with one another.
Regardless of the circumstances, injuries and fatalities caused by so-called “secondary” accidents can be just as severe as those caused by the first rear end collision. Anyone who sustains injuries in a car engaged in either the primary or secondary collision is entitled to competent legal representation.
What You Should Do After a Rear End Collision in Massachusetts?
Below are the important things that you need to do after a rear end crash in Massachusetts.
- Take photographs of the damage, even if you believe it to be little. You may believe you have simply a scratched bumper or a broken taillight now, but you may later learn that your vehicle has alignment issues, frame damage, or axle problems that might cost you thousands of dollars to repair. Include property damage in your insurance claim against the at-fault driver.
- Communicate with the other motorist or drivers involved. Collect the individual’s name, phone number, insurance information, and license plate number.
- Immediately consult a medical practitioner. Even if you do not feel injured, you should visit a doctor immediately if you have been in a rear end collision. This is essential. Even if you were involved in a small collision, you should seek medical assistance. Some of the injuries listed here may manifest symptoms immediately, while many may not (such as soft tissue injury and brain trauma). Do not put your life in danger by ignoring a headache or discomfort that might be an indication of a far more severe injury.
- Consult with our knowledgeable Peabody rear end collisions attorney about your entitlement to compensation. In our experience, many victims are hesitant to seek legal counsel for rear end collision injuries. This error leads to a reduction in their settlement or dismissal of their lawsuit.
We can also assist you in establishing liability. In the majority of rear end crashes, but not all, the majority of fault lies with the trailing motorist. Assuming the motorist has insurance or the ability to reimburse you for your injuries, this should be the case. Our knowledgeable rear end collision attorney can assist you in determining the amount of your injury, what it has already cost you, and what it is likely to cost you in the future.
We are prepared to assist you and know how to enforce your right to compensation for your out-of-pocket expenses and physical and mental distress.
What Are Your Possible Legal Options After a Rear End Collision?
When you are involved in a vehicle accident, you have two primary options for obtaining compensation for your injuries:
Make an Insurance Claim
You may make a claim with the other driver’s insurance company to request compensation for your damages. Typically, insurance companies will determine who is at fault before giving a payout. You might submit a claim with your own insurance company if the other motorist is uninsured, but whether they would cover your damages depends on the type and quantity of coverage you have.
Claim Compensation for Personal Injury
In circumstances in which an insurance provider cannot or will not offer enough compensation, a personal injury lawsuit is sometimes the only method to recover damages. Our rear end collisions attorney may file a lawsuit on your behalf, negotiate a settlement, and represent your interests in court.
We at Barry Feinstein may be able to assist you by researching the accident, gathering evidence, and aggressively negotiating a reasonable compensation.
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 if 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 before 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.
What is the Connection Between Negligence and Car Crashes?
Negligence is the term used to describe behavior that causes injury to others and falls below a minimal care level. Essentially, you are negligent if someone is wounded as a result of your unreasonable behavior. What constitutes acceptable action in an accident depends on the surrounding conditions.
To establish that a vehicle accident was the result of driver negligence, you must first establish that the driver owed you a duty of care. All drivers owe a duty to other road users not to engage in conduct that might cause an accident.
Second, you must demonstrate that the other motorist violated this obligation. In rear-end crashes, drivers can violate their duty of reasonable care in a variety of ways, including by failing to:
- focus on the road and watch out for dangers
- cease in a fair amount of time
- drive at a speed appropriate for the weather and road conditions
- maintain vehicle control at all times
- concede the right-of-way
- utilize turn signals
- maintain a safe distance
Third, you must demonstrate that the collision was caused by the other driver’s breach of duty. You must prove that you received damages as a result of the collision. This covers automobile accident-related injuries and vehicle damage. In principle, this is quite straightforward, especially when it’s simple to identify the driver to blame.
What Are the Possible Recoverable Damages After a Rear End Collision in Massachusetts?
If you or a loved one were injured or lost their life as a result of a rear end collision that was not your fault, you should be eligible for compensation. Possible recoverable damages for a rear end collision in Peabody, Massachusetts, through a personal injury lawsuit include both economic and non-economic losses, such as:
- Hospital bills
- Future medical expenditures
- Lost salary and benefits
- Loss of potential future earnings
- Damage to property, including car replacement and repairs
- Distress and suffering
- Mental agony and emotional suffering
- Loss of relationship
- Loss of life’s pleasure
It is crucial to receive compensation after a car accident caused by another driver’s negligence because you should not have to suffer further by paying for something that was not your fault. Holding irresponsible motorists financially liable for their conduct might also aid in preventing future collisions and injuries.
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 determine 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. Our compassionate and experienced Peabody rear end collisions attorney can assist you in seeking the full amount of compensation that you deserve.
How You Can Negotiate With Insurance Companies?
It is crucial to call our skilled rear end collisions attorney as soon as possible following a rear end accident to identify and contact all prospective insurance providers. Sadly, victims are occasionally involved in accidents when the vehicle was uninsured. The insurance coverage may have lapsed due to nonpayment, or there may be an exception or exclusion in the policy.
For instance, if the insurance policy covers the driver’s family members but the driver was not mentioned as insured, the insurance company may attempt to reject coverage. In this case, victims must be represented by an attorney who can explore all possible compensation channels. This might include possible claims via the injured driver’s policy for uninsured or underinsured motorists’ compensation if the at-fault driver lacked adequate coverage.
You should exercise caution when communicating with an insurance company without the assistance of our skilled Peabody rear end collisions attorney. Insurance companies may attempt to persuade you to concede partial culpability for an accident, restricting your ability to recover in court and providing them with grounds to refuse your claim. If you do not have legal counsel, insurance firms may seek to employ underhanded means to deny you the compensation to which you are entitled. We can negotiate on your behalf and ensure that you are treated properly.
You are not obliged to accept a settlement agreement offered to resolve your claim. You have the option to reject or negotiate the conditions of the settlement. Numerous victims will be scared by the insurance company’s methods and the accumulating medical expenses and will rush at the opportunity to settle, leaving money on the table. Before taking action in your matter, please consult with us at the Law Offices of Barry Feinstein.
What is the Statute of Limitations for Personal Injury Lawsuit in Massachusetts?
Statutes of limitations are state rules that limit the amount of time you have to file a lawsuit following wrongdoing. The statute of limitations for personal injury cases in Massachusetts is three years, according to Massachusetts General Law.
If a rear end collision in Boston occurred more than three years ago, you cannot often recover damages. However, there are rare exceptions to statutes of limitations, so you should still speak with our rear end collisions attorney to ensure you understand your recovery possibilities.
How Can Our Skilled Rear End Collisions Attorney Help?
In Massachusetts, all drivers are required by law to drive with reasonable care. A person who is injured in a vehicle accident caused by another person’s failure to perform that legal responsibility, sometimes known as “negligence,” is permitted by law to seek financial compensation for the following damages:
- Medical expenses
- Damage to property
- Lost earnings
- Diminished earning potential
- Emotional struggle
- Psychological therapy
- Distress and suffering
To maximize their chances of obtaining the full amount of damages, vehicle accident victims must seek the counsel of our qualified and skilled rear end collision attorney. Our numerous acts may include the following:
- Ensure that you are obtaining the appropriate medical care for your injuries.
- Help in filing a claim for property damage
- Seek compensation for lost earnings
- Connect with insurance companies directly
- Collect evidence, including witness accounts, images, and expert views
- Review your accident
- Collect and assess police and operator reports
- Request compensation for medical expenses
- Examine all accessible insurance options
- Request payment for any further accident-related expenses
- Help you arrange for a rental car
- Assess your injuries
- Collect and assess medical records
- Negotiate your claim to get a favorable outcome
- Analyze any long-term financial requirements, prospective salary loss, or medical care expenses
- Prepare each case for trial to maximize its worth
Meet With a Seasoned Rear End Collisions Attorney 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 rear end collisions attorney 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 or contact us online.