Failure to Yield Accidents
Boston is a city with a fast-paced economy and popular tourist destinations. Unfortunately, this increases the possibility that you will be involved in a serious accident on the road. There are many different types of accidents that can occur, but a failure to yield accident is among the most common. These accidents involve a situation in which one driver was legally required to stop or yield but failed to do so. For example, drivers who fail to stop at a red light or a stop sign before proceeding through an intersection have failed to yield the right of way. At Breakstone, White & Gluck, our Boston car accident lawyers are prepared to help you assert your right to compensation after suffering injuries in a crash.Hold a Careless Driver Responsible for a Failure to Yield Accident
The first step in asserting your right to compensation is to file a negligence claim against the driver who caused your injuries. In this action, you will need to show that the defendant failed to use appropriate and prudent care when operating their vehicle. In other words, you must show that the other driver was negligent. Massachusetts has several rules that require drivers to yield the right of way in various situations. Obtaining a copy of a police report often can assist a victim in determining whether the defendant committed any moving violations.
There are many reasons why a driver may fail to yield the right of way. For example, distracted driving is a common sight on Boston roadways. When drivers are paying too much attention to their cell phones, the stereo, or passengers, they may fail to notice red lights and stop signs. Drunk driving is also a common cause of failing to yield the right of way. Drivers who fail to follow the speed limit may also commit a right-of-way violation because they are traveling too fast to stop their vehicle in time.
After demonstrating that the defendant failed to yield the right of way, you must next show that this failure was the cause of the injuries that you sustained. To satisfy this element, you must demonstrate that you would not have been injured if the defendant had yielded the right of way. During this phase of the trial, the defendant can offer any evidence showing that you may have also acted negligently at the time of the crash. If the defendant can prove that you were 51 percent at fault for the crash or more, you will be barred from recovering compensation.
The last aspect of the lawsuit involves showing the damages you sustained as a result of the crash. Damages typically include medical expenses and lost earnings. These can include ambulance fees, emergency room bills, hospitalizations, surgical expenses, and physical therapy. Massachusetts law requires the victim of a car crash to show that there were at least $2,000 in related medical expenses. A plaintiff can also seek compensation for lost wages and any reduction in their future earning capacity.
Pain and suffering is a major component of the damages in every case. This includes pain and suffering in the past and present, as well as projected into the future. Loss of enjoyment of life is another consideration. For example, a car accident victim might be unable to enjoy recreational activities, might suffer permanent restrictions on movement, or might be limited in what he or she can do around the home. Permanent injuries can be extremely severe and disabling.Consult a Reliable Car Crash Lawyer in Boston
At Breakstone, White & Gluck, our attorneys pride ourselves on representing people who have suffered injuries and financial losses as a result of failure to yield accidents. Whether you have been involved in a minor crash or you are dealing with the loss of a loved one in a fatal car accident, we will ensure that you receive the fair treatment that you deserve. Our Boston attorneys have also represented people in Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. We provide a free consultation so that you can learn more about your legal rights and how we can assist you. Call us at 1-800-379-1244 or contact us online to arrange your appointment.