Roxbury Car Accident Lawyer
In 2014, there were over 124,000 car accidents in Massachusetts. About 4,000 of those accidents resulted in serious injuries. From 2015 to 2016, traffic deaths in Massachusetts rose by 13 percent, almost double the national average of six percent. State Highway Safety Director Jeff Larson attributed the rise in car accidents to increased distracted driving resulting from increased use of cell phones in cars.
However, distracted driving is only one of the many causes of increased car accidents. Other common causes include driving under the influence of drugs and/or alcohol, failure to obey the rules of the road, and aggressive driving.
If you or someone you love was injured in a car accident and suffered injuries as a result, you may be entitled to compensation. Call a Roxbury car accident lawyer today to go over your legal options with a seasoned personal injury attorney and start the process of getting you the compensation you deserve.
What to Expect After a Car Accident
Massachusetts is considered a no-fault state when it comes to car accidents and car insurance. A no-fault state essentially means that if an individual is injured in a car accident, they must seek compensation from their own Personal Injury Protection (PIP) insurance coverage, as opposed to pursuing a legal claim against another party.
However, there are exceptions to this general rule. An injured person can seek compensation from a third party if they:
- Incurred more than $2,000 in medical expenses
- Suffered permanent and serious disfigurement, a broken bone, or lost the ability to see or hear
If the above thresholds are met, an injured person may bring a personal injury claim against the other party. An accomplished Roxbury automobile accident lawyer could assist an injured person with filing a claim. The most common personal injury claims are based on the legal theory of negligence.
Elements of Negligence
If the injured party can prove that the third-party defendant acted negligently and caused their injuries, they may be entitled to compensation. To successfully prove negligence, the injured party must meet four elements:
- Duty of care
- Breach of duty
- Causation (actual and proximate)
Damages can include physical, emotional, and financial injuries such as medical expenses, pain and suffering, lost wages, and emotional distress. An experienced Roxbury car accident lawyer could help an injured person prove fault.
Modified Comparative Negligence as a Defense
Massachusetts adopted a modified comparative negligence rule. This means that the defendant can assert that the injured party was also negligent in causing the accident. If the court finds this to be true, the amount of damages the injured party can recover will be reduced in proportion to the amount they were negligent.
For example, if the court finds that the injured party was 25 percent negligent, the amount of damages awarded will be reduced by 25 percent. Under Chapter 231, Section 85 of the Massachusetts Code, as long as the injured party was less negligent than the defendant, they may still recover damages. However, if the court finds that the injured party was 51 percent negligent, they generally cannot recover any damages.
Benefit of a Roxbury Car Accident Attorney
Although Massachusetts is a no-fault state, if a car accident meets certain criteria, you can recover compensation from the other party for your losses. An attorney could help you determine whether you have a viable case. Consult with a lawyer before talking with the insurance company.
If you were injured in a car accident due to someone else’s negligence, call a Roxbury car accident lawyer today. An experienced attorney can help guide you through the legal process to get the compensation you deserve.