Liability in a Car Accident
If you are involved in a car accident, one of the first questions that probably cross your mind relates to liability—in other words, who was at fault? In some cases, it is clear who is responsible for an accident. In other situations, it is not so obvious, and the parties end up disputing who caused the collision. In order to recover compensation from the person who caused the accident, you must show that he or she is liable for your injuries and damages. This can be a complex process that requires gathering specific types of evidence. It may also require the assistance of expert witnesses who can prepare reports and testify on your behalf regarding the accident. At Breakstone, White & Gluck, our Boston car accident lawyers have aided numerous individuals and families with proving liability in a car accident case. We know that you have many questions about your right to recovery and how to go about bringing a claim.Establishing Liability in a Car Accident Case in Massachusetts
According to Massachusetts law, there are specific things that a plaintiff must prove in order to be entitled to compensation from another driver. In general, drivers have a duty to use reasonable care and skill when operating a motor vehicle, similar to how a reasonable and prudent person would drive. This standard accounts for many factors, including poor weather or any road hazards that were involved at the time of the crash. It also takes into account applicable traffic laws. If a driver was speeding at the time that the crash took place, for instance, you can use evidence of this traffic violation to help show that the driver did not use the appropriate level of care.
There are a variety of ways that your attorney can go about establishing liability. Police are not always called to the scene of an accident, but when they are, they prepare a report regarding the crash. This report can include helpful information about whether the defendant violated any traffic laws and whether these violations were a cause of the accident. The report may include information about any skid marks or other similar observations that the officer made upon arriving at the scene of the accident. The officer will interview the parties involved in the crash. The report should also include information about eyewitnesses, who may be critical in cases involving contested liability. Witnesses may also have videos or photographs that they are willing to share. In some cases, the specific type of accident can suggest which driver was the party at fault, such as rear-end collisions and left-turn collisions.
Once your lawyer proves that the other driver did not use adequate care, they must prove that this failure was the cause of the injuries that you sustained. This is an important part of the process because even if the defendant did not use due care, you will not be awarded damages unless your injury attorney can show that the defendant’s lack of due care caused your injuries. In complex lawsuits, your attorney may need to retain an expert to help prove this element. There are many different types of experts whom we can consult in car accident cases, including medical experts, car accident reconstructionists, and traffic safety engineers. Our experienced lawyers will know how to evaluate your claim to determine the steps to take in establishing liability and securing the compensation that you deserve.Seek Counsel from an Attentive Car Accident Lawyer in Boston
At Breakstone, White & Gluck, we have provided knowledgeable and dedicated legal counsel to victims throughout Massachusetts following a sudden car accident, whether it was on a highway, a city street, or a neighborhood road. Having assisted clients in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield, we know how disruptive and traumatic this event can be for your loved ones and you. We can help you with all aspects of establishing liability in a car accident case, including gathering evidence, negotiating with insurance companies, and seeking the maximum amount of recovery that you deserve. To schedule your free consultation, call us at 1-800-379-1244 or contact us online. You should not wait, since time may be running out on your claim.