The unfortunate truth is that car accidents injure people in Massachusetts each day. In the most serious accidents, some victims are even killed. People who have been injured in a crash should seek legal guidance on their options and enlist vigorous advocacy from an attorney if they have a claim. At The Law Offices of Michael S. Mehrmann, our Plymouth County car accident lawyer has helped many victims recover the compensation that they deserve for their harm, and he can help you as well. Based in Kingston, Michael S. Mehrmann represents car and truck accident victims throughout the South Shore.Bringing a Personal Injury Claim Based on a Car Accident
Automobile accidents are a leading cause of injury in Massachusetts. In 2016, for example, about 400 people were killed in motor vehicle crashes. This number was a concerning rise from the statistics reported in previous years.
If you have been injured in a car accident that was not your fault, you can typically recover damages through a negligence claim. Negligence is the legal theory that is the basis for the vast majority of car accident lawsuits, as well as cases based on truck or motorcycle accidents caused by careless drivers. Negligence takes place when a driver causes injuries or death by failing to use reasonable care behind the wheel. Reasonable care is defined as how a prudent or sensible driver would act under the same circumstances. For example, if a driver causes an accident by running a red light or by driving drunk, that driver will likely be liable for the crash and the victim’s resulting harm. It is important to note that a driver can be negligent not only through their actions but also through a failure to act. In other words, a driver may be negligent if they fail to do something that a reasonably prudent person would have done in the same situation, such as yielding to another driver’s right of way. A car accident attorney can help Plymouth County residents take action based on any form of carelessness behind the wheel.
In order to win on a negligence claim, the plaintiff must prove the following points:
- The defendant was required to use reasonable care;
- The defendant breached the duty to use reasonable care;
- The defendant’s breach was a direct and proximate cause of the accident and the plaintiff’s resulting harm; and
- The plaintiff incurred damages that can be reasonably quantified.
These cases are not always as straightforward as they seem, since various legal complications can arise. For example, Massachusetts follows the doctrine of modified comparative negligence. Under this legal principle, you can only recover compensation for a car crash if you were not more than 50 percent at fault for the accident. In other words, if you are deemed to have been 51 percent or more at fault, you cannot recover any damages from another party involved.
Car accidents can lead to a variety of injuries, including broken bones, traumatic brain injuries, burns, lacerations, scarring, spinal cord injuries, crush injuries, and soft tissue injuries. These injuries can be costly to treat and can interfere with a person’s long-term ability to carry out basic day-to-day tasks. Fortunately, Massachusetts law allows victims of car crashes to recover damages such as medical bills, rehabilitation costs, lost wages, pain and suffering, property damage, disability, and any other losses stemming from the accident. If you have lost a loved one in a car accident, you may also be able to seek wrongful death damages.Seek Assistance from a Car Accident Lawyer in Plymouth County Car accidents can have devastating consequences for a victim and their entire family. If you have been injured or a loved one has been killed in an accident caused by someone else’s negligence, you need to reach out to a seasoned Plymouth County car accident attorney who can investigate the circumstances of your case. At our firm, we understand how to deal with important evidentiary issues and complex insurance disputes in the aftermath of a motor vehicle collision. We represent victims in Kingston, Plymouth, Marshfield, Hanson, Duxbury, Carver, and Pembroke, among other South Shore communities. To discuss your case in more detail with Attorney Michael S. Mehrmann, call (781) 585-3911 or contact us online.