Were you injured in a Car Accident Caused by Negligence in Boston? Choose an Experienced Personal Injury Lawyer. Choose Parker Scheer LLP.
Car Accidents are usually caused when one motorist is negligent. Negligence occurs when a person does something that other reasonable people would not have done, or did not do something that reasonable people would have done. Examples include failing to stop a stop sign or red traffic light. Since all reasonable people would stop their vehicle at a traffic signal, failing to do so is negligent.
The elements of negligence are duty, breach, and causation between the breach and the injuries. When a person operates a vehicle on a public way, they owe a duty to other motorists to operate their vehicle with due care. Whenever they fail to do so (by running a red light and colliding with another vehicle), they have breached their duty of care. The final element, causation, means that the negligent motorist can be held civilly responsible to compensate an injured person if the injured person’s injuries are causally related to the negligent act.
Injuries that can be considered causally related are injuries that are directly related to the crash. For example, there is no doubt but that a broken arm or leg that occurred during a crash is causally related to the accident. However, causation can become much more difficult when a person had a pre-existing injury at the time of the accident that was made worse because of the crash. For example, a person may have had lower back at the time of the crash, but the person’s pain became worse after the collision. In this scenario, it can be challenging to show the person’s condition at the time of the crash (their “baseline condition”) and then the degree of change after the crash. In these cases, we obtain prior medical records, scans, and reports to show the exact condition at the time of the crash. Then, our personal injury lawyers work with the treating physicians to provide reports detailing the nature and degree of the change from before to after the accident. These reports are invaluable in proving causation of injuries that insurers may try to label as pre-existing.
In some cases, the person injured may have contributed to the happening of the accident. If so, that is called comparative negligence. The existence of comparative negligence will not bar a recovery in a civil case, but it can reduce the amount of a person’s recovery. For example, at a trial, if a jury believes that the injured person was 10% comparatively negligent, then the court (not the jury) will reduce the amount that the jury awarded by 10%. So, if $100,000 was awarded to an injured person, the court will automatically reduce the award by $10,000.
Do You Need A Car Accident Lawyer for a Case involving the Negligence of Another Driver in Massachusetts? Find out if you have a personal injury case.
If you have suffered an injury in an auto accident due to the other car driver’s negligence, contact our car accident attorneys for a free confidential case review and receive a response within hours, or call (617) 886-0500 . If you need a car accident lawyer outside of Massachusetts, contact us for a referral.