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
Virtually all personal injury claims and lawsuits are centered on one principle: negligence. This can be defined as “Failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.” Essentially, what this means is showing no regard or a blatant disregard for the safety of others with your actions (or inactions). When you are injured through no fault of your own, odds are negligence is somehow going to be the root cause of it, and proving that the other party was negligent is what makes you entitled to compensation for your injuries. Negligence in Car Accidents Car accidents are almost entirely about negligence. If you are involved in an accident, there are dozens of ways negligence could have been involved. For example, if you are struck by a driver who runs a red light, they could be held liable for negligence for not paying attention to the changing traffic signal. If they were unable to stop their car, the negligence could mean driving too fast for the road conditions or failing to properly maintain their vehicle’s brakes. If they were intoxicated, then that also contributes to their negligence, and thus their liability for the accident. Premises Liability Law If you slip and fall on a wet floor at a store or fail to notice a rut in the ground and you break your ankle, you could be eligible to receive compensation through “premises
Motor vehicle accidents can occur for a variety of reasons, and anyone can be an accident victim in any state, including in Massachusetts. Determining what caused an accident and who was at fault take time, but injuries require immediate medical attention. In a severe car accident, a person can suffer serious injuries that lead to permanent disability. In some car accidents, people die. No matter how severe or deadly the injuries may be, victims and surviving family members do more than suffer physically and emotionally; they also suffer financially. My law firm is based in Beverly Massachusetts and has been helping car accident victims and their families seek damages for years throughout the the Salem area, and the entire North Shore. We attempt to help our clients obtain compensation for lost wages, medical expenses and other liabilities allowed under Massachusetts law for accidents caused by the negligence of other people. David M. Gabriel and Associates have helped clients receive compensation for serious injuries such as brain injuries, back injuries, and lasting emotional distress that result from car accidents. For families who have lost loved ones, we have recovered compensation through wrongful death lawsuits. Our firm is committed to helping our clients obtain compensation to help them move on with medical treatment and recovery or mourn the loss of loved ones. We understand the pain and agony our clients are going through. We know they are often in fragile emotional and financial states, so we take no fees from clients until
Residents of Beverly and Salem, Massachusetts, might not know that more than 30,000 people are killed in crashes every year in the United States. Among these thousands are hundreds of Massachusetts residents who lose their lives in preventable fatal motor vehicle accidents. Many of those lives lost could have been saved had the negligent driver who caused the accident followed basic traffic rules and cared about the safety of others on the road. A negligent driver’s minor error could prove fatal, impacting a victim’s family emotionally and financially in a big way. It could be worse for a family if the victim of a fatal crash was the main financial contributor to the household. Any driver or passenger of a vehicle, or a pedestrian near a road, can be a victim of a tragic crash. A fatal car accident causes financial losses not only for a victim’s family, but also billions in medical expenses spread across the country. In 2005, deaths as a result of car crashes cost the U.S. $41 billion in medical expenses and lost wages. According to this data, the cost to Massachusetts victims and residents was a staggering $394 million in medical expenses and lost earnings. The cost of unidentified crash fatalities was more than half of the financial costs, with motor vehicle occupants, motorcyclists, pedestrians, and bicyclists filling out the fatality victim statistics. A family affected by the death of a loved one has a legal right to seek compensation from a negligent vehicle operator
Every day there are over 17,000 car collisions in the United States. On average, those crashes result in 92 deaths each day. While poor weather conditions and faulty roads can cause accidents, most auto collisions are due to driver errors. When we research the reason behind the car accidents, we should all drive safer. Here is a list of the top 10 causes of auto collisions in the United States. 1. Drunk Driving: In the U.S., drunk drivers kill 28 people every day (whether it’s themselves or another person). Those who drive while intoxicated (DWI) cause 35% of traffic accidents in the U.S. 2. Fatigued Driving: Studies show that those who drive while tired are just as dangerous as intoxicated drivers. Fatigued drivers cause about 3% of all traffic accidents, most of which occur at night. Like DWI, fatigued driving is completely avoidable. If you drive at night and see a car swerve in and out of lanes, stay as far away as possible from the car and call 9-1-1. 3. Distracted Driving: Dealing with distractions while driving is deadly. How often do you find yourself trying to change a CD, put on your makeup, eat, or adjust the controls on your vehicle as you drive? Car accidents caused by distracted driving make up about 5% of car crashes. 4. Use of Mobile Phones: Talking on your cell phone is a level of distracted driving all on its own. Every year, the number of car crashes caused by cell phone
Being involved in a car accident can be one of the most stressful times in the lives of you. It’s crucial to be prepared if you are involved in a car accident. If you have the misfortune of being injured in a motor vehicle accident, you should seek medical attention immediately. Indeed, if you or anyone is injured in an accident, steps should be taken to summon the police to the accident scene so that first aid or emergency treatment can be rendered. It is also important to obtain information concerning the other parties involved in the motor vehicle accident as well as obtain the facts concerning how the car accident occurred. The information you should obtain includes: • the identity, including name, address, telephone number, driver’s license information of all involved parties, operators or witnesses; • the registration and motor vehicle license plate number of each vehicle involved, as well as descriptive information such as make, model and year of the vehicles; • the automobile insurance carrier of each motor vehicle involved in the car accident (not the insurance agent); • the date, time, weather conditions and location of the car accident, including reference to stop signs, traffic lights and intersections; • a pictorial description of the accident scene with directions of travel of all involved vehicles is most helpful. You must report the accident to your automobile insurance carrier and agent as soon as possible. This should certainly be done within one (1)business day of the car accident.