Whether they occur at a stoplight, on a crowded freeway, or in a chaotic parking lot, rear-end car accidents happen more often than you may think. Data collected by the National Highway Traffic Safety Administration shows that rear-end crashes are in fact the most common type of automobile accident, and while they may not typically lead to severe injuries, any damage that does occur in such an incident may be grounds for civil litigation.
As any seasoned car accident attorney could tell you, civil claims based on rear-end wrecks are often far from simple to pursue. In many cases, professional assistance is warranted—and fortunately for you, it is readily available as well. An experienced Somerville rear-end car accident lawyer could work with you to catalog all your recoverable damages, firmly establish liability, and effectively pursue the restitution you deserve.
How do Rear-End Accidents Happen in Somerville?
Being rear-ended is never a pleasant experience, nor is it one that only happens under particularly special circumstances. A distracted driver may run into the back of another driver who is fully stopped at a stoplight, merges into their lane on a highway, or simply brakes quickly to avoid another vehicle or hazard. However, this is a perfect example of why rear-end car crash cases in Somerville are often complicated matters for plaintiffs to manage without help from a seasoned attorney.
Massachusetts traffic laws typically assign liability to the rearmost driver in this kind of case, since keeping a safe distance between vehicles is an inherent component of driving responsibly. That being said, if the driver in front brakes suddenly or acts carelessly in some other way, the person who rear-ended them may argue that they bear some degree of liability for the crash as well.
In this scenario, Massachusetts General Laws Chapter 231 §85 would allow a court to reduce the plaintiff’s recoverable compensation by any percentage of fault they are found to bear, or to bar them from recovery completely if they are found more than 50 percent at fault. Seasoned legal counsel may be able to help a plaintiff contest allegations of comparative fault and maximize recoverable compensation.
Effectively Pursuing Civil Compensation
Since Massachusetts is a “no-fault” state, victims of rear-end car accidents must first pursue financial recovery from their own insurance policy. Known as “first-party benefits,” this initial recovery from an insurance company must be used to recover the first $8,000 of economic damages associated with any wreck.
In certain cases, third-party benefits—compensation sought directly from an external liable party—may be available for non-economic damages, but Massachusetts state law states that an accident victim must have experienced a long-term impairment or disability from the incident in question in order to seek these benefits. A dedicated rear-end car wreck lawyer in Somerville could work with a plaintiff to identify which particular benefits they may be able to seek restitution for in their particular case.
Learn More from a Somerville Rear-End Car Accident Attorney
If you were rear-ended and experienced any type of injury as a result, you may find yourself facing not only significant physical pain but steep financial consequences as well. Furthermore, liable third parties and even your own insurance company may contest the details of your claim and try to prevent you from recovering the compensation you need and deserve.
In order to avoid a negative outcome and prioritize your rights and best interests, consider retaining a Somerville rear-end car accident lawyer. Call today to schedule a consultation.