Any car accident can be painful and stressful for the victim, regardless of how minor it may be. When it comes to highway crashes, however, the results can be devastating. Highway accidents often happen extremely quickly and at high speeds, especially when drivers are not paying attention and are engaging in distracted driving behaviors. In densely populated areas like Boston and Cambridge, highways are often saturated with traffic, which creates a serious risk of being involved in a collision with a careless driver. Also, highways are sometimes under construction and maintenance, which can create dangerous roadway conditions. At Breakstone, White & Gluck, our Boston highway accident lawyers have assisted numerous victims with obtaining compensation after suffering injuries in an avoidable crash.Recovering Compensation from a Driver Who Caused a Highway Accident
If you are injured in a highway accident, it is critical that you seek medical attention as quickly as possible. If you suffer injuries as a result of the crash, you can bring a negligence action against the driver who caused it. You will need to show that this driver owed you a duty of care, failed to drive according to that duty, and caused the injuries and costs that you sustained.
When people in Massachusetts go about their daily routine, they have a general duty to act with the same reasonable care and skill that a prudent person would use when faced with similar situations. Applied to driving on the highway, this includes paying attention to the roadway, refraining from reckless behaviors like drunk driving, obeying traffic laws, and adjusting speed based on inclement weather or heavy traffic.
Massachusetts law allows a victim to offer evidence of any traffic violations, such as a failure to yield when entering or exiting a highway, to suggest that the defendant did not act with due care. Moreover, a highway accident attorney in Boston must show that the defendant’s failure to use due care was a substantial cause of the victim’s injuries. If the defendant can point to an overriding factor, such as the plaintiff’s negligence at the time of the crash, the plaintiff may be barred from recovering damages, or they may be awarded a reduced amount. A defendant may also claim the injuries were pre-existing or caused by some other event.
If the plaintiff establishes liability and causation, they must provide evidence supporting the amount of damages that they have claimed in the lawsuit. A common item of damages involves medical bills incurred immediately after the accident. Ambulance fees and hospitalizations can be expensive, especially if surgery and ongoing physical therapy are required.
Another common category of damages is missed wages. If you were unable to work as a result of the accident, you are entitled to receive compensation to account for your missed paychecks.
When it comes to future damages, a Boston highway accident attorney can help a victim seek compensation for any reduced earning capacity. This involves situations in which the plaintiff’s injuries are permanent and render them unable to return to their usual occupation. Highway accidents can lead to catastrophic injuries like cognitive impairments, paralysis, severe burns, and even fatalities. Depending on the nature and scope of the plaintiff’s injuries, their family members may have a claim for loss of consortium, which seeks compensation for the loss of their loved one’s services, society, affection, companionship, and relations.Retain a Dedicated Highway Accident Lawyer in the Boston Area
If you have suffered injuries in a highway accident, you may be entitled to compensation. Although no amount of compensation can truly make up for a devastating car crash, it can help you cope with the financial impact and inconvenience that result. At Breakstone, White & Gluck, we have brought many personal injury claims on behalf of victims and their families, and we are standing by to help you advance your rights.
We proudly serve people in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. To schedule a free consultation, call us now at 1-800-379-1244 or contact us online.