Framingham, MA Car Accident Lawyer
A great number of car accidents occur each year in Framingham, MA. The aftermath of these accidents can be difficult to endure. Injured parties often sustain a wide range of economic and noneconomic damages.
Fortunately, crash victims may pursue financial compensation. The process for recovering monetary damages will depend on the extend of injuries caused by your accident. You can contact a car accident lawyer for help determining the appropriate course of action.
If you were injured because of a car accident in Framingham, MA, get help recovering the monetary damages you deserve. Contact our experienced Framingham car accident lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free case review.
Who Can File a Car Accident Lawsuit in Framingham, MA
Massachusetts follows no-fault car insurance rules. This means that, in many cases, you must seek compensation from your own insurance company after an accident. However, you may be able to file a lawsuit against another driver if you suffered a serious injury. In Framingham, victims may bring lawsuits against at-fault motorists after accidents that result in any of the following:
- $2,000 in medical expenses
- Permanent and substantial disfigurement
- Broken bones
- Substantial loss of hearing or sight
If you suffered serious injuries because of a car accident, our Framingham car accident lawyers can help determine if you may bring a claim against the driver who caused your accident.
Evidence Used to Prove Fault in a Framingham, MA Car Accident Lawsuit
In order for a car accident lawsuit to succeed, the plaintiff must show that their crash was caused by the defendant’s negligent actions. There following are common forms of evidence used to prove fault in Framingham car accident lawsuits:
Statements from eyewitnesses can be very helpful when proving another driver was at fault for your crash. Witnesses can explain the events that occurred before, during, and after the accident. Accordingly, witnesses can help determine how or why your accident occurred. You should attempt to collect contact information from any potential eyewitnesses in the aftermath of your crash.
Accident reports can also be very helpful when establishing fault. After any harmful accident, a police officer should visit the scene to draft an accident report. These reports can provide detailed information regarding the circumstances of a crash. For example, an officer may record the following information in their accident report:
- Information regarding the drivers involved
- Information regarding the property that was damaged
- A drawn diagram of the crash
- Statements from drivers
- Statements from witnesses
- An officer’s notes regarding how or why the crash occurred
This information can be highly beneficial when proving another driver was at fault. You can contact our Framingham car accident lawyers for help retrieving a copy of your official accident report.
Physical Evidence from the Scene
Additionally, physical evidence from the scene of your crash can be used to prove fault. For example, pieces of glass from a crash site can be matched with another driver’s broken headlight to identify them as the at-fault driver. Furthermore, after an accident caused by a defective braking mechanism, the malfunctioning product may be brought into court to demonstrate its defect.
However, some evidence may be unable to be preserved or brought into court. Therefore, other means of evidentiary documentation are allowed.
Photos from the Scene
Photos from the scene of your accident can also be used to establish fault. Such evidence can be particularly useful when disproving a defendant’s theory as to how a crash occurred. For instance, a defendant may argue that an accident was caused by poor road conditions, rather than their negligent acts. In that case, photos from the scene showing adequate road conditions can discredit the defendant’s theory as to how the crash happened.
Therefore, you should always attempt to take photos at the scene of an accident if possible. Our Framingham car accident lawyers can help evaluate photos from the scene of your crash during a free case review.
Expert Witness Statements
Expert witness statements are another form of evidence that can be useful when proving another party was at fault. Witnesses are considered experts in a particular field because they have the requisite education, training, and experience. These witnesses can help explain complex theories regarding the root cause of an accident. For example, after an accident caused by a defective engine component, an engineering expert may be called to explain why the part was defective. Furthermore, after an intersection accident, an accident reconstruction expert may be called to assess why a crash occurred. Our Framingham car accident lawyers can help summon the appropriate experts to support your claim.
Lastly, your personal recollection can be a valuable form of evidence when establishing fault for a crash. Important details regarding the circumstances surrounding your accident can easily be forgotten over time. Accordingly, while your memory is fresh, you should attempt to write down a personal recollection of the events that unfolded before, during, and after your accident. Your personal recollection can be very helpful to our Framingham car accident lawyers when building your case.
Comparative Negligence in Framingham, MA Car Accident Lawsuits
Under Mass. Gen. Laws Ch. 231, § 85, courts in Framingham will follow the doctrine of modified comparative fault when awarding damages in car accident lawsuits. In other words, damages will be awarded based on percentages of fault. If you were 25% responsible for an accident while the defendant was 75% to blame, the defendant will be ordered to pay for 75% of damages stemming from the accident while you will account for the remaining 25% with out-of-pocket expenses.
However, your share of fault must be 50% or less in order to recover compensation in a car accident lawsuit. Victims who are over 50% to blame will be unable to pursue monetary damages against the at-fault driver.
If You Were Injured Because of a Car Accident in Framingham, MA, Our Lawyers Can Help
If you were injured because of a car accident, seek assistance from our experienced Framingham car accident lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free case review.