Rear-end collisions in Boston often involve drivers traveling too closely to the car in front of them and not maintaining a safe stopping distance. This behavior is especially dangerous in the winter when there is ice or snow on the roads. Distracted driving can also be a factor, especially in the age of mobile devices and texting.
Rear-end accidents can result in serious injuries and property damage, and victims are often left with expensive medical bills and lost wages from missed work. Fortunately, compensation may be available with the help of a Boston rear-end collision lawyer. An experienced attorney could examine the facts of a case and hold the at-fault party accountable.
Assigning Fault in Rear-End Collisions
There is a common presumption that the driver who rear-ended the car in front of it is at fault. There are times, however, when that might not be the case. For example, if the car in front made a sudden and abrupt stop without any reason or warning, he or she may be at fault.
Additionally, a sudden medical emergency could cause an accident through no fault of either driver. For example, drivers may not be at fault if they suffered a heart attack or stroke without warning.
Massachusetts is a modified comparative negligence jurisdiction, which means that claimants who bear some responsibility for their own injuries may still recover damages, as long as they are not more than 50% at fault. The damages would be reduced by whatever percentage of fault they share.
Investigating Fault After an Accident
After a rear-end collision in Boston, a victim’s personal injury lawyer often conducts an investigation in order to gather evidence and determine fault. One of the most important methods an attorney uses to establish liability is collecting witness statements. It is very important to identify all potential witnesses to confirm what they saw and to preserve the memory in their testimony for future use. These statements can be important when negotiating settlements with the insurance company or presenting the case at trial before a jury.
Another valuable piece of evidence is video footage. If there is a security camera in the area that recorded the accident, that would be very important evidence. Also helpful are photographs of the scene or the vehicles involved in the rear-end collision, especially those showing the severity of the damage and the point in the roadway where the contact was made. This helps a lawyer determine who had the right of way and what caused the rear-end collision.
Negotiating with Insurance Companies
It is very important to contact a lawyer soon after a car accident to identify and contact all potential insurance companies that would provide coverage. Unfortunately, victims are sometimes in situations where the car was uninsured. Maybe the insurance policy had lapsed for lack of payment, or there might be some exception or exclusion in the insurance policy.
For example, if the insurance policy covers household members of the driver, but the driver was not named as insured, the insurance company might try and deny coverage. In this situation, it is very important for victims to represented by a lawyer who could pursue all avenues of compensation. This might include potential claims through the injured driver’s policy for uninsured or underinsured motorists benefits if the at-fault driver did not have sufficient coverage to compensate.
Reach Out to a Boston Rear-End Collision Attorney
If you need legal advice after your car accident, reach out to a Boston rear-end collision lawyer. A dedicated attorney could help you pursue compensation for your medical bills, lost wages, and pain and suffering. Call today to schedule a consultation.