Car accidents happen all the time. In fact, there are nearly 400 motor vehicle crashes reported across Massachusetts every day, and nearly 100 of those result in injury or death. In 2019, 328 people were killed, and over 2,000 were seriously injured in car accidents in Massachusetts. The statistics might be frightening, but nothing compares to becoming one of those numbers yourself.
If you were seriously injured in a car accident that was not your fault, a lawyer can help you get the money you are owed and hold the negligent driver responsible for your losses. At Brooks & Crowley LLP, we only accept a few personal injury cases at a time so we can provide each of our clients with the focused, responsive attention they deserve.
When Can You File a Claim Against Another Driver in a Massachusetts Crash?
Under Massachusetts’ insurance laws, you can only bring a claim if you are less than fifty (50%) percent at fault for the crash. Then you must meet one of two requirements: You must acquire medical bills in the minimum amount of $2,000.00, or alternatively suffer a bone fracture, permanent hearing or eye damage, or a disfiguring scar. However, insurance companies are not usually willing to pay what you are owed, and they have many tricks up their sleeve to put you off. When we represent car accident victims, we do the following:
- Investigate the claim, including speaking with witnesses and taking photographs of the scene
- Review the client’s automobile insurance policy for coverages specific to the client’s claim, including collision, rental car, medical pay benefits, and medical bill coverage
- Once the client has completed treatment, assemble all necessary documents and submit a demand to the at-fault driver’s insurance company
- Negotiate with the insurance company on the client’s behalf
- If unable to reach a satisfactory settlement, prepare the case for litigation in court
You should not have to be an insurance expert to get what you are owed after a car accident that was not your fault. Our attorneys will get to work for you!
Determining Fault in a Massachusetts Car Accident
The key to holding the other driver responsible when you are seriously injured in a car accident is proving that they were more than 50 percent at fault. Most car accidents are caused by some kind of driver error, including the following:
- Distracted driving. When a driver is texting or talking on a cellphone, their attention is taken from the road long enough to miss seeing another car or potential hazard. Drivers are also distracted by eating, adjusting the radio, programming a GPS device, talking to passengers, dealing with young children or pets in the car, and daydreaming. When a distracted or inattentive driver causes an accident, they should be held accountable.
- Reckless driving. Excessive speed, weaving in and out of traffic, exhibiting road rage, tailgating, and other dangerous actions are considered to be reckless driving. Reckless drivers are responsible for a number of serious car accidents, especially on the highway. Traffic cameras and eyewitnesses are key to proving a reckless driver’s fault in an accident.
- Impaired driving. Drivers who are drunk or impaired by street drugs or prescription medications lack the judgment and response time necessary to avoid accidents. If a driver is arrested for OUI/DUI at the scene of your crash, your case for fault will be that much stronger. Impaired drivers should be charged with a crime, but they can also be held financially accountable.
- Careless driving. A driver who breaks any traffic law—speeding, failing to signal, failing to yield the right-of-way, following too closely, or ignoring a traffic sign or signal, for example—should be ticketed and held responsible for a resulting crash. Even the simplest driving mistake can lead to a deadly serious collision.
If the other driver committed one of these—or any other—driving offense, they should be made to pay for the harm they have caused you and your family.
Representing Massachusetts Car Accident Victims
When you need help after a serious car accident, you want an attorney who is committed to your success. The attorneys at Brooks & Crowley LLP are friendly and engaging, but they are also persistent and determined in pursuing the compensation you deserve when you are seriously injured.
Contact us to schedule a free consultation in one of our three Boston-area offices or a location closer to you. We will be direct and honest about your case so that you can make the best decisions for you and your family.