Head-on collisions are devastating, often resulting in catastrophic injuries and long recovery periods for the victims. They can occur in a wide variety of scenarios, such as when a driver drifts across the center dividing line, or when a driver fails to yield the right of way at an intersection. At Breakstone, White & Gluck, our Boston car accident lawyers know what you are facing after a traumatic event like this, including serious personal injury, pain, confusion, and substantial costs. Dealing with insurance companies, finding doctors, and obtaining time off from your employer are just a few examples of the ways that the accident can interfere with your life. If you are contemplating bringing a claim against the driver who caused your injuries, we are ready to aggressively handle your case.Hold the Negligent Driver Liable After a Head-On Collision
The first step in asserting your right to compensation involves filing a negligence claim against the parties that caused your injuries. It is important to be thorough when identifying everyone who may be liable for your injuries. For instance, it may be the case that the person who was driving the car that struck you was working at the time of the crash. Massachusetts law holds employers liable for the careless acts that their employees commit during the course and scope of employment. This doctrine is particularly relevant in truck accidents, since trucking companies often employ drivers or have a quasi-employment relationship with them, even if they are not officially labeled as employees.
Once the claim is filed, we will need to prove that the defendant did not operate their vehicle with the appropriate level of reasonable care and skill. This standard encompasses many factors, including any applicable traffic laws. The plaintiff can offer evidence of traffic violations, for example, to help establish the defendant’s negligence. Some of the most common causes of head-on collisions involve distracted driving habits, such as texting or talking on the phone.
After showing that the defendant did not use sufficient care, we must demonstrate that this failure was the reason why you were injured. If the defendant can establish evidence showing that some other cause was the primary reason for your injuries, your recovery may be limited.. Massachusetts also allows a defendant to offer evidence indicating that the plaintiff acted negligently at the time of the crash, which can also impede your ability to recover compensation. This concept is known as comparative negligence. Under the law, you may still recover damages, as long as you were not 51 percent or more responsible. Your damages will be reduced by the amount of your comparative negligence.
The last phase of a negligence action requires proof of damages. Damages for personal injury can be divided into two primary categories, special damages and general damages. Special damages include medical bills, including emergency responder fees, emergency room bills, hospitalization bills, medications, and prescriptions and lost earnings. General damages include pain and suffering, scarring, impairment, and loss of enjoyment of life. You are entitled to recover past, present and future damages.
It is not uncommon for head-on collisions to result in a fatal car accident. In this instance, Massachusetts law allows the decedent’s estate to bring a claim for wrongful death on the decedent’s behalf to recover compensation for a variety of damages. Please read our wrongful death page for more information on these types of cases.Retain a Knowledgeable Massachusetts Personal Injury Lawyer
If you have been injured in a head-on collision in Boston or the surrounding area, you should not wait to assert your legal right to compensation. At Breakstone, White & Gluck, we understand how traumatizing this ordeal may be for your loved ones and you. While you are trying to recover from your injuries and coping with the disruption in your life, we can ensure that your claim is handled efficiently and aggressively. Our skilled attorneys serve victims in cities such as Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. We offer a free consultation to help you learn more about your legal rights. To set up your appointment, call us at 1-800-379-1244 or contact us online.