Negligence in Massachusetts Car Accident Cases
Aggressive Personal Injury Attorneys Assisting Boston Residents
A car accident can happen at any time and at any place. When your life is altered as a result of another person’s failure to follow simple traffic rules or to pay adequate attention behind the wheel, the outcome can be devastating. In order to recover compensation, there are several things that your attorney must establish. One of these things involves proving that the defendant did not act according to a certain duty of care. Establishing negligence in a car accident case can be complex. This is why it is crucial to promptly consult with a knowledgeable Boston car accident lawyer to learn more about whether you have a claim for damages. At Breakstone, White & Gluck, we handle a wide variety of car accident claims, including those involving catastrophic injuries and wrongful death.
How do I establish negligence in a car accident case?
The concept of negligence is a doctrine that serves as the basis for determining whether a defendant is liable for the plaintiff’s injuries. When a person is deemed negligent, it means that he or she was behaving in a reckless or careless way. The standard definition of negligence in the context of car accidents is failing to drive a motor vehicle with the same level of reasonable care and skill that a prudent driver would use when faced with the same roadway conditions. This standard takes into account factors like weather, roadway hazards, and heavy traffic.
A driver can be negligent in many different ways when operating a motor vehicle. Some of the most obvious examples are situations in which the defendant violates a traffic law at the time of the crash. This can involve speeding, running a red light, or driving while intoxicated. Evidence of a traffic law violation can be used to help show that the defendant was driving negligently. Other common examples of negligence include texting or talking on the phone while driving, driving while excessively fatigued, or engaging with passengers in a distracting manner. It can be difficult to find evidence of the defendant’s negligent conduct, especially if it did not involve a traffic violation, so you should entrust an experienced attorney with this task.
Prompt investigation is also a key to proving negligence claims. Traffic cameras and security cameras often record accidents, but these recordings will be erased if they are not collected quickly. Our firm has, on several occasions, even recovered videos from MBTA busses. Accident scenes may include construction projects or road defects, and these should be documented as quickly as possible. Witnesses need to be interviewed while their memories are fresh. Our Massachusetts personal injury firm focuses on rapid investigation to preserve vital evidence.
Seeking Compensation From a Negligent Driver
After establishing that the defendant was driving negligently at the time of the accident, there are additional elements that the plaintiff’s lawyer must establish before compensation will be awarded. First, they must show that the defendant’s lack of appropriate care was the direct cause of the victim’s damages. If some other factor also contributed to some extent, such as the plaintiff’s own negligent conduct, the defendant still may be required to pay damages, but in a reduced amount.
Next, the plaintiff’s attorney must prove that the damages that the plaintiff suffered were foreseeable in light of the defendant’s conduct. This element is known as proximate cause. Finally, they must provide evidence supporting the amount of damages that would be appropriate. These include medical bills, lost wages, property damage, and pain and suffering, among others. If the plaintiff’s injuries are catastrophic and will result in a lifetime of medical care needs, the plaintiff can seek compensation for future medical care costs as well. Proof of damages will often require medical experts, and may also require the assistance of economists, rehabilitation specialists, and other expert witnesses. An experienced personal injury lawyer can assist you with ensuring that you obtain the full amount of compensation that you deserve.
Schedule a Free Consultation With a Car Crash Lawyer in the Boston Area
Understanding how to prove negligence in a car accident case can be challenging. That is why it is essential that you consult with a lawyer who has handled a wide range of these cases. There may be unique aspects of your claim that require a specific approach or strategy. At Breakstone, White & Gluck, we have proudly provided legal counsel to car accident victims and families of victims of fatal accidents in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. To schedule your free consultation, call us now at 1-800-379-1244 or contact us online.