The picturesque streets of Cambridge draw admiration from all around. Unfortunately, they also draw lots of traffic too. Car accidents are a frequent occurrence on our busy streets, but fortunately in most cases, they do not result in serious injuries. When they do, however, it is wise for those involved to take prompt action to protect their rights.
A knowledgeable Cambridge car accident lawyer could provide advice and counsel to anyone suffering the effects of a car crash. Since vehicle collisions often leave long term injuries, it may be helpful to consult with a well-versed Cambridge car accident attorney who has experience in dealing with these cases.
Seek assistance from our experienced car accident attorneys at the Law Office of John J. Sheehan by dialing (617) 925-6407.
Statute of Limitations in Cambridge Car Accident Cases
The Massachusetts government has a time limit for which a claim must be filed to preserve the right to receive compensation. Under Mass. Gen. Laws Ch. 260, § 2A, an individual typically must file a lawsuit within three years of the date their accident occurred. Claims filed after that time may be dismissed. Although it is possible to reach a settlement after three years have passed, it is not likely because the other party may know that there is no recourse to legal action.
Collecting Evidence to Prove Liability in a Car Accident in Cambridge, MA
In order to collect payment for your car accident injuries, you may need to present evidence that proves your car accident occurred because of another party’s negligent actions. It is recommended that you begin collecting evidence immediately after your crash.
There are many types of evidence that may be used to prove fault for a collision. For instance, our car accident lawyers may utilize any of the following to support your claim:
Eyewitness Accounts
Compelling evidence to establish fault in a car accident often arises from eyewitness accounts. These individuals, having observed the incident firsthand, can provide invaluable testimony that offers insights into the events that unfolded before, during, and after accidents. Their statements serve as a direct and firsthand narrative, shedding light on the behaviors and actions of the parties involved.
Surveillance Footage
Traffic surveillance footage stands as a powerful form of objective evidence when determining fault for a car accident. Cameras strategically positioned at intersections and along roadways may capture the incident from various perspectives, creating a visual record of the events leading to the collision. This footage may be instrumental in reconstructing the accident and identifying the responsible party.
There are several potential sources of pertinent surveillance camera footage. For instance, a valuable recording may be captured by a business’s security camera or another motorist’s dashboard camera. Unfortunately, the parties in control of relevant surveillance recordings may be reluctant to cooperate in your case. Support from our legal team can be very helpful when seeking to collect such evidence in your case.
Photographic Evidence
Furthermore, photos from the scene of a car accident can become integral pieces of evidence. These images provide tangible documentation of conditions at the time of the collision, portraying skid marks, property damage, and the positioning of vehicles. A visual record aids in the reconstruction of events, offering a clear snapshot of the accident scene to assist in the assessment of fault.
Expert Witness Testimony
Specialized knowledge presented by expert witnesses, such as accident reconstruction specialists or medical professionals, can significantly bolster fault claims. Accident reconstruction experts analyze evidence to recreate the accident, elucidating factors like speed and impact angles. Meanwhile, medical experts provide insights into the causation of injuries, establishing a crucial link between the accident and the resulting harm. Their specialized testimony holds considerable weight in complex cases.
Vehicle Damage Evaluation
A meticulous evaluation of vehicle damage may also be useful when assessing fault. The extent and location of damage offer insights into the point of impact, the force of the collision, and the angles involved. Scrutinizing the aftermath of the accident aids in reconstructing the incident, contributing to a comprehensive understanding of liability.
Cellular Records Examination
In cases involving suspected distracted driving, cell phone records emerge as crucial evidence. Scrutinizing these records reveals whether a driver was engaged with their phone during the accident, such as texting or talking. This information becomes instrumental in establishing negligence and attributing fault to a driver whose attention was not fully devoted to the road.
Traffic Violation Citations
Official citations for traffic violations, if issued to parties involved in the accident, serve as tangible evidence in establishing fault. Violations such as running a red light, failure to yield, or speeding directly contribute to the collision’s cause. These citations, bearing the stamp of law enforcement, provide an official record of the negligent actions leading to the accident.
Medical Documentation
Medical records documenting injuries resulting from the car accident play a vital role in establishing fault. These records offer a clear connection between the incident and the harm suffered, detailing the nature and extent of injuries. Diagnostic tests, treatment plans, and associated medical expenses documented in these records provide tangible evidence, illustrating the impact of the accident on the injured party.
Road Conditions Assessment
An evaluation of road conditions at the time of the accident can serve as additional evidence to determine fault. Factors such as weather conditions, road maintenance, and visibility can significantly impact the circumstances leading to a collision. Establishing how these external elements may have contributed to the accident provides a comprehensive understanding of the environment in which the incident occurred.
Accordingly, you should attempt to take photos at the scene of your crash if possible. Our legal team can review these photos during your free case evaluation.
Driver Statements
Lastly, statements provided by the drivers involved can offer valuable insights into their perspectives and perceptions leading up to the accident. While not always completely objective, these statements can contribute to the overall narrative of the incident. Analyzing the accounts of the parties involved allows for a more comprehensive assessment of the events and aids in determining fault based on their individual perspectives.
Comparative Negligence in Car Accident Lawsuits
In order to receive compensation for injuries suffered in a car crash, it is usually necessary to demonstrate that another party’s negligence caused the accident. If someone injured in that accident also acted negligently and that negligence contributed to the injury, the opposing party may argue that the claim should be barred because of the victim’s own negligence.
However, under the state comparative negligence rule, the contributing negligence would only bar a claim if the person seeking recovery is 51 percent or more to blame for the injury, as per Massachusetts General Laws Ch. 231, §85. a percentage of faultless than 51 percent would reduce the amount awarded by a proportionate percent, but not prevent recovery.
Steps to Take After a Car Crash in Cambridge, MA
While the aftermath of a motor vehicle collision can be highly chaotic, it is important that you attempt to maintain your composure after your accident. There are specific steps you can take to speed up your recovery and improve your chances of recovering monetary damages from another party.
Remain at the Scene and Dialing 911
After a car accident, it is imperative to remain at the scene and promptly dial 911. This action ensures that emergency services are notified and dispatched to the location of the accident. Remaining at the scene is not only a legal obligation but also a crucial step in facilitating a timely response to any injuries and initiating the investigative process by law enforcement.
Exchange Information with Other Parties
Engaging in the exchange of information with the other parties involved in the accident is also a fundamental step. This includes sharing details such as names, addresses, insurance information, and vehicle registration numbers. Collecting this information is essential for the subsequent processing of insurance claims and the determination of liability.
Document the Scene
Thoroughly documenting the accident scene can be critical in preserving evidence for potential legal actions. Take photographs of the vehicles involved, the surrounding environment, and any visible damages. If possible, capture images from various angles to provide a comprehensive visual record. Additionally, note the weather conditions, road signs, and any relevant factors that may have contributed to the accident.
Seek Medical Attention
Seeking immediate medical attention is also paramount, regardless of the perceived severity of injuries. The adrenaline rush following an accident can mask pain or symptoms, and injuries may not manifest immediately. Timely medical attention not only ensures the well-being of those involved but also establishes a crucial link between the accident and any resulting injuries.
Call Our Lawyers
Lastly, in the aftermath of a car accident, contacting our experienced legal team is a prudent step to protect your rights and navigate the complexities of the legal process. Our lawyers can provide guidance on preserving evidence, dealing with insurance companies, and pursuing the compensation you deserve. By quickly involving our legal team, you may enhance the likelihood of a favorable outcome in your case.
Work with a Cambridge Car Accident Attorney Today
After suffering a crash in Cambridge, MA, seek guidance and support from our experienced car accident lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407.