Personal Injury Caused by Motor Vehicle Accidents
Choosing a Car Accident Lawyer

The lawyers at Breakstone, White & Gluck, P.C. are experienced at handling car accident claims and cases, and have handled complex cases from the insurance claims level through trial and appeal.

Failure to use reasonable care while operating a motor vehicle constitutes negligence. Determining who was at fault in an auto accident means figuring out who was negligent, and thus responsible for causing the accident. A finding of negligence is often based on the operator’s failure to obey traffic signs or signals, failure to signal when turning, failure to follow the speed limit, driving a car under the influence of drugs and/or alcohol, or violation of some other law. Auto accidents caused by drunk drivers may also lead to claims against bars for dram shop violations. Collisions caused by hit and run drivers can still lead to claims, even if the driver of the car who caused the crash is not identified.

Car accidents can also result from faulty construction of roads, tunnels, embankments, exits, and lighting. If the roadway is defectively designed or improperly constructed, the designers or builders may be liable for injuries. Builders can also be responsible for construction accidents to drivers, including roadway debris, inadequate safety, improper road markings, and loose construction materials.

While car crashes comprise a significant portion of personal injury and wrongful death claims, it would be wrong to think that they are always simple to resolve. They often involve extremely complex issues of evidence insurance law, which is what the lawyers at Breakstone, White & Gluck, P.C. specialize in.

If you have been injured in a car, truck, tractor trailer, motorcycle or other motor vehicle accident as a driver, passenger, or pedestrian, and it was the result of someone else’s negligence, you may be entitled to recover monetary damages for pain and suffering, payment or reimbursement of reasonable medical expenses incurred or which will be incurred in the future, and lost wages.

Medical Bills: In general, the first $2,000.00 in medical bills is paid by the Personal Injury Protection (PIP) insurance carrier of the car you were in or hit by if you were a pedestrian. If you have private health care insurance, Massachusetts Law requires that medical bills in excess of $2,000.00 be submitted through your provider for payment. If you do not have private health care insurance, or if your health care insurance company refuses to pay your medical bills, you may be entitled to up to $8,000.00 in PIP medical coverage.

Lost Wages: If you lose money because of your inability to work due to your injuries, you may be entitled to collect 75% of your lost wages, based on your average weekly wage, from the PIP carrier, up to $8,000.00.

Bodily Injuries and Wrongful Death: If you have more than $2,000 in medical bills, a fracture, or other serious injury, you may be entitled to compensation for injuries, including scarring, pain and suffering, permanent or partial disability, and loss of ability to enjoy life. Wrongful death claims are also compensable under Massachusetts motor vehicle laws.

Insufficient Insurance: If the person who caused your injuries does not have insurance, or inadequate insurance to cover your damages, you may be entitled to collect uninsured or underinsured coverage from your own automobile policy or a family member’s automobile policy.

What to Do When You Have a Car Accident

If you have been involved in an automobile accident, or injured as a pedestrian,

• Try to obtain as much information as possible about the vehicles involved in the accident and the driver’s name, address and license number, as well as the owner’s name and address, including their insurance company and coverage information.
   
• Make note of the direction and position of the vehicles, the weather at the time of the accident, the time of day and lighting conditions, and names and addresses of any witnesses. Make sure the police are aware of any traffic violations the other operator committed.
   
• If you are injured, get medical attention promptly. Although it is not uncommon for symptoms to surface several days later, it is important when you seek medical attention to provide the medical staff with an accurate history of the accident and all of the body parts which are causing pain.
   
• As soon as possible, notify own your insurance agent or insurance company about the accident. You have a duty to cooperate with your insurance company, but remember, the insurance company may have interests which are adverse to yours.
   
• It is also a very good idea to obtain photographs of all vehicles involved, as well as visible injuries and location of the accident, including any defects in the road or blocked or obstructed traffic signals. Contact a lawyer promptly to determine further rights and responsibilities arising from your accident. You should not offer statements to insurance company representatives or investigators without first understanding your rights.

Choosing a Massachusetts Car Accident Lawyer

Your legal rights need to be protected after a car accident. You should hire an experienced car accident attorney to evaluate and handle your case. Immediate action may be required to preserve all of your rights. All motor vehicle accidents in Massachusetts are governed by a Statute of Limitations. Some accidents also have shorter notice provisions which may be very strict.

For more information on selecting a Massachusetts car accident lawyer, please see our page on Choosing a Personal Injury Lawyer.  

Our Case Reports page describes some of the many of the motor vehicle accident cases we have successfully handled on behalf of our clients. If you feel you have a car accident case, it is vital that you act immediately to protect your rights. Please call us at 617-723-7676, or toll free at 1-800-379-1244, or use our contact form to send us an e-mail, or email us at contactus@bwglaw.com. Get your free legal consultation today with Breakstone, White & Gluck, P.C.