Car accidents are often caused by drivers’ negligent actions. For instance, collisions can occur because a motorist drove distracted, ran a red light, attempted an illegal left turn, or committed another form of traffic violation. Fortunately, negligent drivers can be held liable for accidents they cause.
The path to compensation after suffering a car accident can differ depending on the cause of your collision and the extent of injuries you suffered. Some accident victims must pursue compensation through their own insurance companies after their crashes. However, other victims may be permitted to bring car accident lawsuits against at-fault drivers. A car accident lawyer can help explain the proper course of action in your case.
If you were injured because of a car accident in Milton, get assistance from our car accident attorneys by calling the Law Office of John J. Sheehan at (617) 925-6407.
Time Limit to File a Milton, MA Car Accident Lawsuit
Time limits to file certain types of lawsuits are set forth by states’ statutes of limitations. Therefore, under Mass. Gen. Laws Ch. 260, § 2A, you will typically have three years from the date of your collision to file a car accident lawsuit in Milton. Despite having three years to file, you should not wait to begin working on your claim. Pertinent evidence may become difficult to preserve and collect over time. For example, crucial details may be forgotten and photos from the scene of an accident can be lost. You should contact our Milton car accident lawyers as soon as possible after a crash, so we may begin building your case right away.
There are certain exceptions to the three-year statute of limitations. For example, a parent may file a car accident injury lawsuit on behalf of their child at any point until the minor reaches the age of 18. Furthermore, according to Mass. Gen. Laws Ch. 260, § 7, a potential plaintiff will have three years after turning 18 to file a car accident case stemming from a collision that happened while they were a minor. Our attorneys can help explain how the statute of limitations will apply to your case during a free case review.
Common Causes of Car Accidents in Milton, MA
There are countless forms of negligent conduct that can lead to car crashes. However, some arise more frequently than others. The following are common causes of car accidents in Milton:
Distracted Driving
Distracted driving is one of the most common causes of car accidents. When drivers are distracted, they will have a high propensity to make catastrophic mistakes behind the wheel. The three forms of distraction that can affect drivers are visual distraction, manual distraction, and cognitive distraction. The following are examples of activities that distract drivers in Milton:
- Texting
- Entering information into a GPS
- Scrolling through social media
- Talking on the phone
- Eating or drinking
- Talking with other passengers
Some activities, like texting, incorporate multiple forms of distraction. If you suffered a car crash, our experienced Milton car accident lawyers can help investigate whether your collision was caused by a distracted driver.
Speeding
Speeding is another common cause of car accidents in Milton. Speeding drivers will be unable to react to traffic signals or other vehicles stopped in-front of them on the roadway. Accordingly, speeding leads to many devastating crashes at intersections, on highways, and in heavily congested areas. Furthermore, accidents that occur at high speeds are more likely to cause severe harm. Victims of accidents caused by speeding drivers may be entitled to multiple categories of economic and non-economic damages.
Improper Lane Changes
Improper lane changes are also a cause of many car accidents. Improper lane changes can happen when motorists attempt to change lanes in an illegal zone or attempt to change lanes without using their turn signals. For example, a driver may cause a collision by attempting to merge onto a highway without properly using their turn signal. In that case, our Milton car accident lawyers could help the victim assess the strength of their claim against the at-fault driver.
Drunk Driving
Furthermore, drunk driving is a common cause of car accidents in Milton. Drunk motorists will exhibit careless decision-making abilities, poor vision, and slow reaction times behind the wheel. Accordingly, drunk drivers are prone to causing severe collisions with other motorists. Our Milton car accident lawyers can help hold drunk drivers responsible for crashes they cause.
Running Red Lights
Many collisions are also caused by motorists who run red lights. Drivers are expected to exercise reasonable care behind the wheel. This duty of reasonable care includes a duty to obey traffic laws. Drivers that run red lights can cause severe head-on collisions with motorists travelling through intersections. Fortunately, motorists who run red lights may also be held accountable for car crashes they cause.
Tailgating
Tailgating is another common cause of car crashes in Milton. Tailgating describes the practice of travelling too closely behind the car in-front of you. Tailgating drivers will have trouble slowing down to avoid a collision if the car in-front of them needs to slow down or brake. Accordingly, many rear-end crashes are caused by tailgating drivers. Victims of such accidents can contact our experienced Milton car accident lawyers for help determining the appropriate steps toward compensation.
Defective Parts
Lastly, some car accidents are caused by defective parts. For instance, a crash may occur because of a vehicle’s faulty engine components or malfunctioning brake system. In these cases, manufacturers can be held liable for the car accident injuries caused by their defective products. However, pursuing a claim based on a defective product can be a frustrating task. The assistance of our experienced Milton car accident lawyers can be very helpful when bringing a claim against a defective part’s manufacturer.
Sharing Fault for Car Crashes in Milton, MA
It is possible for motorists to share fault for their collisions. For example, fault may be shared for a crash where a speeding driver was struck by another driver who ran a red light. Thankfully, even if you are partially responsible for your collision, you may still be able to recover payment in a car accident lawsuit.
Courts in Massachusetts will adhere to the rules of “modified comparative fault” when apportioning damages in car accident cases. In other words, damages are awarded based on party’s degrees of blame. As an example, if you are determined to be 15% responsible for your accident while the defendant is 85% at fault, then they will have to pay for 85% of your damages while you are left to account for the remaining 15%.
It is crucial to note that you will be unable to recover payment in a car accident lawsuit if your share of fault for your crash is greater than 50%. The defendant in your case might attempt to shift blame in order to avoid paying for the damages they caused.
Support from our car accident attorneys can be invaluable when building your claim and proving that another party is responsible for your crash. We will help defeat any alternative theories of fault and fight for the full range of payment available to you.
Establishing Fault for Car Accidents in Milton, MA
In order to recover maximum payment for your car accident injuries, you may need to present evidence that proves your crash occurred because of another party’s negligence. Fortunately, there are many types of evidence that can be utilized to establish this causal link. For instance, any of the following may be used by our legal team:
Eyewitness Testimony
Eyewitness testimony serves as a crucial type of evidence in establishing fault for car accidents. Individuals who directly observe the events leading up to a collision can provide valuable insights into the actions of the involved parties. Their accounts, when presented accurately and credibly, play a significant role in determining liability and can be instrumental in legal proceedings related to car accidents.
Surveillance Footage
Surveillance footage, whether from public traffic cameras, private security cameras, or dashboard cameras, is essential in capturing real-time footage of road incidents. The video recordings obtained from these sources provide an objective perspective, aiding in the reconstruction of events leading to the accident and helping to determine the responsible party. This type of evidence offers a comprehensive visual record that can be crucial in legal proceedings related to car accidents.
Vehicle Damage Assessment
Assessing the damage sustained by vehicles involved in an accident is a tangible method of determining fault. Skilled professionals, such as accident reconstruction experts, can analyze the extent and location of damage to vehicles to reconstruct the sequence of events leading to the collision. Vehicle damage assessment serves as a physical manifestation of the impact, aiding in the establishment of fault in car accidents.
Medical Records
Medical records become pertinent evidence in establishing fault, particularly when injuries result from a car accident. These records document the nature and extent of injuries sustained by individuals involved in the collision. They provide a clear picture of the physical consequences and can be crucial in demonstrating how the accident occurred and the associated impact on the parties involved.
Electronic Data Recorder (EDR) Data
Many modern vehicles are equipped with Electronic Data Recorders (EDRs), commonly referred to as “black boxes.” These devices capture data related to the vehicle’s speed, braking, steering, and other parameters leading up to and during an accident. Analyzing EDR data can provide objective insights into the actions of the drivers involved, contributing to the establishment of fault based on factual and technical information.
Cell Phone Records
In cases where distracted driving is suspected, cell phone records become valuable evidence. Analyzing these records can reveal whether a driver was using their phone at the time of the accident. Such evidence is instrumental in establishing fault, especially when it comes to accidents caused by activities such as texting or talking on the phone while driving.
Skid Marks and Road Conditions
Physical evidence on the road, such as skid marks and road conditions, can provide important clues about the dynamics of a car accident. Skid marks can indicate sudden braking or attempts to avoid a collision, while road conditions, such as wet or icy surfaces, may contribute to the accident’s occurrence. Analyzing these elements aids in reconstructing the sequence of events and determining fault in car accidents.
Importance of Seeking Prompt Medical Attention After a Car Accident in Milton, MA
If you were hurt because of a car crash in Milton, then it is imperative that you seek medical attention as quickly as possible. There are multiple ways that a delay in treatment can hurt your case.
First, immediate evaluation is necessary to identify and address potential injuries, including those with delayed symptoms. This early intervention prevents complications and supports a quicker recovery.
Additionally, seeking timely medical care allows a doctor to document your injuries. If you wait for your injuries to heal on their own, then it may become difficult to obtain the documentation necessary to recover payment in a car accident lawsuit.
Finally, the defendant and their insurance company may assert that a delay in treatment means that you were not badly injured by your accident. By seeking prompt medical care, you help demonstrate the severity of the harm you incurred.
If You Were Injured Because of a Car Accident in Milton, Our Lawyers Can Help
If you were injured because of a car crash, seek support from our Milton car accident lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free case review.