Car crash victims can face significant physical injuries and property damage as a result of their accidents. Boston car accident attorney Michael O. Smith represents individuals who have been hurt in car and other traffic-related accidents. Mr. Smith is a seasoned trial lawyer with substantial experience advocating for clients who were injured due to the careless acts of others. With more than 15 years in practice, he can advise you on your rights and provide the representation you need to recover damages for your injuries. Contact our office today for a free consultation.Massachusetts Car Accidents
Car accidents are a daily occurrence on our roads and highways. According to the National Highway Traffic Safety Administration, 740 individuals were involved in traffic-related crashes in Massachusetts in 2012. Of these, 349 died as a result of accident-related injuries. Approximately 58 percent of these deaths involved occupants who were inside a vehicle at the time of the crash. Alcohol-impaired driving accounted for 35 percent of the overall traffic fatalities in Massachusetts that year.Holding a Negligent Driver Accountable
A victim in a Massachusetts car accident can initiate a personal injury suit to recover damages against the person or entity responsible for his or her injuries. If a careless driver caused the accident, you can seek to hold him or her liable for your injuries based on a claim of negligence.
A plaintiff has the burden of establishing the elements of negligence to succeed in their case. For a person to be negligent, he or she must first owe a duty of reasonable care to another. Drivers in Massachusetts owe a duty of care to other motorists and pedestrians to operate their vehicles in a reasonably safe manner. A plaintiff would have to demonstrate that the driver breached this duty of care, and that the breach caused the plaintiff’s injuries and damages. Several factors can determine whether a driver breached his or her duty of care. For example, a Massachusetts jury may take into account the violation of a traffic law, drug or alcohol use, and the weather conditions at the time of the accident.
A plaintiff should bear in mind that Massachusetts has a modified comparative negligence standard. Massachusetts will not bar recovery if a plaintiff is partially at fault for his or her injuries; however, it will prevent recovery if the plaintiff is 51 percent or more at fault.Defects in the Car or its Parts
A defective car, or a defect in its parts, can also cause an accident. A plaintiff can sue the manufacturer or supplier of a defective car or part under a claim based on products liability. Massachusetts courts can hold a manufacturer or supplier liable if a product is defective in such a way that it is unreasonably dangerous to its users. A product is considered defective if it is designed or manufactured defectively, or sold without adequate warnings.Compensation for Your Injuries
If you were hurt in a car accident, you may be able to recover damages for your injuries. A car accident victim may seek compensation for medical bills, loss of income, pain and suffering, property damage, and more. If a car accident resulted in the death of your loved one, you may recover damages by filing a wrongful death suit against those responsible for the accident. A Massachusetts personal injury lawsuit must be filed within three years from the date of the injury; otherwise, it is time-barred. If you were involved in a car accident, it is important that you consult with an attorney to discuss your options and initiate a claim within the three-year window.Dedicated to Fighting for You
Boston car accident lawyer Michael O. Smith is committed to providing car crash victims with the advocacy and representation they need in their accident case. Mr. Smith effectively advocates for his clients to protect their rights and interests. He can evaluate your case, advise you on your rights, and discuss your legal options with you. As his client, you can rely on legal guidance that is specifically tailored to your case. Mr. Smith works with clients throughout the Boston area. Call us today at 617-263-0060 or complete our online form to schedule a no-obligation consultation.