Drivers have a great duty to operate their vehicles responsibly. Pedestrians who are injured by automobiles can make claims for money damages against the driver’s liability insurance. To succeed in your claim you will need to show the driver was negligent in hitting you. Typically drivers who hit pedestrians are found to be at fault. But sometimes the pedestrian can do something to contribute to the accident as well. Massachusetts has a modified comparative fault standard, meaning you must be less than 50% at fault for the accident to recover anything. If you meet the threshold of less-than-50%-at-fault, then the court will reduce your award by the percentage they find you liable for. For example, if the court awards you $1 million dollars, but finds that you were 10% at fault for the accident then your damage award would be reduced by $100,00. (Massachusetts General Laws Chapter 231 section 85). When is the Blame Shared for a Pedestrian Accident? Just as drivers have a responsibility to operate their vehicles safely, there are expectations placed upon pedestrians as well. When a pedestrian victim contributes to the dangerous situation that caused the pedestrian accident, the court will determine how much blame should be attributed to them. The following pedestrian behaviors will usually be held by a court to demonstrate negligence by the pedestrian, which can reduce or even the amount of money the injured pedestrian can recover: • Jaywalking, which involves crossing the street outside of a designated crosswalk. • Crossing against
Muscle wear and tear causes pain: The lower back is actually the most common site of back pain and injuries when people experience the types of traumas that collisions on the road can cause. When the muscles and ligaments that hold the bones in the spinal column in place become strained or torn, they weaken and may not be able to stabilize the spine correctly. This process is the ultimate cause of lower back pain. Don’t delay examination when pain persists: Those who experience lower back pain in the wake of a bus or car accident should seek medical attention immediately to determine the exact cause of the pain. A precise diagnosis frequently requires a thorough medical exam, x-rays, magnetic resonance imaging (MRI), and CT scans. These extra tests may only be needed if the pain doesn’t go away on its own or with conservative treatment. Treatments range from ice or heat to prescription pain medications and extended physical therapies, with the precise treatment approach tailored to the patient. Studies have also proven that resting in bed beyond a day or two may actually be counterproductive to recovery. Moving on may be difficult: For some car accident victims, lower back pain lingers, preventing them from resuming everyday activities such as work and caring for children. When other parties are responsible for such injuries due to their failure to adhere to the required duty of care, they may be legally responsible for medical bills, pain, suffering, and other damages. To pursue
Motor vehicle accidents can wreak havoc on your life. When a motor vehicle accident wasn’t your fault you may want to make a claim for damages. Everything you do starting from the day of the accident can make difference when litigating for damages. Below is a short summary of the most common do’s and don’ts for anyone after an accident. 1. Make sure you take pictures at the scene of the accident. Please remember to be safe when doing so. 2. Begin keeping a record or log of your related injuries. Write down what pain you feel, and for how long. Write down all the activities you can’t participate in or daily tasks you need help with because of the sustained injury. 3. Do not talk to the other driver’s insurance company. Decline any of their communication. Do not sign any papers that the other insurance company sends you. 4. Send all correspondence from anyone or any company (including your own insurance company) to your attorney. A lawyer is the only person who is actually and legally completely on your side after an accident. A win for you is a win for them. When clients come to David Gabriel and Associates after an accident, we understand that you are in crisis. Let us help you work through your injury and get you what you deserve.
Unfortunately more U.S. teens die from car accidents than any other cause; however, new technology may give Massachusetts parents a reason to breathe easier when their teenager gets behind the wheel. While dashboard cameras aren’t new to the market, Drivecam for Families adds a technology that can provide peace of mind to parents everywhere. The Drivecam is a video feedback program that activates when a driver does something risky. The program determines if the driver’s actions increase the likelihood of a motor vehicle accident and then notifies the drivers parents via the company’s data center. Parents can then review what their teen is doing. Keeping the lines of communication open with one’s teenager is important, and if parents plan to utilize Drivecam it is encouraged that they inform their teen about the intended use of Drivecam. While some teens may object, parents can explain that the new technology is designed to help them be safer drivers and not meant to convey parental distrust. If a Massachusetts resident has been harmed by the actions of a reckless driver, they may be entitled to compensation. David M. Gabriel & Associates can evaluate the conduct of a negligent driver and determine the best course of action to recover damages.