Lowell, MA Car Accident Lawyer
Motor vehicle crashes can produce a wide array of painful injuries. For instance, victims regularly sustain broken bones, spinal cord damage, soft tissue injuries, and traumatic brain injuries. These injuries can have highly negative impacts on peoples’ abilities to work and enjoy their lives.
Fortunately, you may recover damages for the injuries you suffer because of a crash. Some injured parties will have to seek benefits through their own insurance companies. However, under specific circumstances, you may sue the driver responsible for your collision. Our lawyers will help evaluate the options available to you during a free case assessment.
Get in touch with our car accident attorneys for an assessment of your case free of charge by contacting the Law Office of John J. Sheehan right away at (617) 925-6407. Our lawyers can assess your case free of charge.
Who Can File a Car Crash Lawsuit in Lowell, MA?
In certain cases, those injured because of car accidents will have to pursue payment from their own insurers. Victims seeking payment through their insurance companies may only recover payment for lost income and medical expenses related to their injuries.
On the other hand, people who file car crash lawsuits can obtain several forms of non-economic and economic damages. However, at-fault motorists can only be sued under certain conditions because of the state’s no-fault insurance rules. Further, victims cannot recover non-economic damages through their no-fault coverage, such as compensation for the physical pain and emotional turmoil they have endured.
Our car accident attorneys can help determine the right path to monetary damages in your case. You may only bring such a case against another driver if you sustained a minimum of $2,000 of medical bills or an injury that is considered “serious,” as per Mass. Gen. Laws Ch. 231, § 6D.
For instance, you can file a lawsuit if you sustained permanent and substantial disfigurement, as well as substantial loss of hearing or sight. Broken bones are also considered serious enough to file a claim. Certain family members can also file a lawsuit, regardless of insurance, in the event of a loved one’s death. You would also meet the threshold if you lost whole or part of a body member.
Before your case can proceed, we must file evidence to overcome the serious injury bar, which takes time to gather. If you suffered a collision, then it could benefit you to connect with our law firm right away.
When to File a Car Accident Lawsuit in Lowell, MA
You not only need to submit some evidence that your medical expenses are substantial or your injuries serious to file a lawsuit but must also file it before the “statute of limitations” runs. Under Ch. 260, § 2A, car collision victims have three years to file a claim in court, and the time starts counting down from the accident date. While the statute of limitations has some exceptions, most victims who fail to file on time will have their cases dismissed, cutting them off from any legal means of recovering compensation.
Three years is a good amount of time, but it passes much faster than victims expect. While this time is legally provided to you, there are very few reasons to wait to file your claim. Filing your lawsuit further in time from when it occurred will most likely make it difficult to recover the evidence that might have been available just after the accident. Witnesses might no longer remember enough to testify or have since moved away from Lowell. Your medical bills, lost income, and other damages will also likely pile up during this time. Waiting to file your case only delays getting the financial compensation you need for your recovery.
Common Types of Car Collisions in Lowell, MA
Car accidents are typically divided into several types based on their potential complexity. Accidents involving only another driver tend to be the most straightforward since we only need to gather evidence of one person’s negligence. Multiple drivers will often make the case more challenging since we must prove each party’s share of liability, especially if any commercial drivers are implicated. People can also be injured without another driver being involved if their vehicle malfunctions and causes a crash.
Multi-Vehicle Collisions
Negligent drivers cause the majority of car accidents in Lowell, making claims for multi-vehicle accidents the most common. A lone driver might have run a red light or were speeding when they hit you. In many cases, we can discuss the accident details with you, review accident reports, and interview witnesses to confirm the alleged negligence and formulate our arguments.
An accident will usually worsen if it leads to a chain reaction of other vehicles crashing into it. With the advent of smartphones, many drivers pay even less attention to the road than before. If they are not paying attention, they can easily crash into an already ongoing accident. Their negligence might open the door for other drivers to crash into you if they are also inattentive.
The challenge will be proving how each driver was negligent and the share of fault that can be attributed to them. If you are not too hurt to take photos of the scene, do so before it is cleaned, which will likely happen soon after leaving to get medical care. Photograph the damage to your and the other drivers’ vehicles and their final resting place. Our team can work with experts like accident reconstruction specialists to explain who did what in the crash and why they are responsible for your damages.
Commercial Vehicle Collisions
Car accidents involving commercial vehicles tend to be more complex. Not only must we consider the driver’s negligence, but we must also assess the employer and the employment status of the driver. Employment status is crucial. For example, if you were hit by one of the many delivery drivers operating in the city, you could sue the driver’s employer for their carelessness if they worked directly for the company under the legal rule of “vicarious liability.” However, suing an employer is usually not an option if the commercial driver is an “independent contractor,” like an Amazon delivery or rideshare driver.
Single-Vehicle Collisions
Some car accidents happen without other drivers involved. When this happens, a defect in the vehicle is usually the cause. For instance, if your brakes fail at a critical moment, the manufacturer or designer of your vehicle might be liable. Our team can determine where negligence occurred in the production process.
Common Locations of Lowell, MA Car Crashes
For many victims, car crashes are unavoidable and unexpected. Still, there are some locations where accidents occur more frequently:
Highways
A high number of car accidents happen on highways in Lowell, MA. Drivers on highways have a high propensity to travel at illegal speeds and commit careless maneuvers like illegal lane changes.
Parking Lots
Furthermore, car crashes often happen in parking lots. These are places where many drivers are traveling in different directions as they pull into and out of parking spaces. Accordingly, serious collisions can happen when drivers in parking lots are not aware of their surroundings.
Intersections
Lastly, many car crashes happen at intersections. These collisions usually occur because motorists disobey traffic signals or fail to yield the right-of-way. Our car accident attorneys can help victims of intersection accidents prove that other drivers are to blame.
What if You Share Fault for Your Car Accident in Lowell, MA
If you share fault for your car accident in Lowell, you may be restricted in the amount of monetary damages you can recover under Ch. 231 § 85. Massachusetts follows a “modified comparative fault” rule when assigning damages in a case where parties are found to share blame. Accordingly, damages are awarded based on percentages of fault. For example, if you were 25% responsible for your accident while the defendant is 75% at fault, then the defendant will be ordered to pay for 75% of the damages caused by the crash while you will account for the remaining 25%. However, if you are over 50% to blame for your accident, then you will be unable to recover financial compensation.
Many defendants will attempt to shift blame for their accidents in order to avoid paying for the full range of damages they caused. There are several different strategies defendants can employ to suggest that plaintiffs are at fault. Accordingly, the assistance of our car accident attorneys can be very helpful when establishing fault in your case.
Proving Fault for a Car Crash in Lowell, MA
In order for your car accident case to prevail, you must present evidence that shows the defendant is at fault for your crash. There are several forms of evidence that may be used to form this link. The following are common examples of evidence utilized by our car accident attorneys:
Physical Evidence from the Scene
Physical evidence from the scene of your crash can be used to identify an at-fault party. For example, pieces of broken glass may be matched with the defendant’s headlight to show that they are to blame.
Furthermore, physical evidence from the scene can be used to demonstrate factors that contributed to your collision. For instance, drug paraphernalia found at the crash site can be used to support your claim that the defendant was impaired at the time of the accident. Our lawyers can help review any physical evidence found at the scene in your case.
Still, some types of evidence will be hard to preserve or bring into court. In such cases, other means of documentation are allowed.
Photos from the Scene
Like physical evidence, photos from the scene can help demonstrate factors that led to your crash. For example, photos of your badly damaged vehicle may be used to prove that the defendant was traveling at illegal speeds when your accident happened.
Additionally, photos from the scene can be used to disprove defendants’ alternative theories of fault. For instance, a defendant may state that their crash was caused by poor road conditions. In that case, photos from the scene showing adequate road conditions could be used to disprove the defendant’s assertion and establish that they are to blame.
Accordingly, you should always take photos at the scene of your collision if possible. Afterward, our team can review any photos you captured during your free case review.
Witness Statements
Lastly, witnesses can offer either oral or written testimony that explains how or why your accident happened. Therefore, you should always attempt to retrieve contact information for potential eyewitnesses to your collision. Afterward, our attorneys will offer support when reaching out for their potential cooperation.
If You Were Involved in a Harmful Car Accident in Lowell, MA, Our Lawyers Can Provide Assistance
If you suffered a car crash, seek guidance from our team of experienced car accident attorneys by contacting the Law Office of John J. Sheehan today at (617) 925-6407 for a free case assessment.
