According to the National Highway Traffic Safety Administration (NHTSA) rear-end collisions are the most common type of collision, and they make up almost 30% of car accidents.
While rear-end collisions can be minor car accidents, these crashes can still cause significant injury, property damage, and even death. If you were in a rear-end collision caused by another driver, you might be able to recover compensation for your losses through an insurance claim or a personal injury lawsuit. You should not have to pay the expenses of a collision caused by someone else.
A Boston rear-end collisions lawyer may be able to help you. Contact the team at Ben Crump Law, PLLC at (800) 235-0444 for a free consultation. Since we operate on contingency, you will never owe us anything unless we can earn a settlement for you.
Driver Liability in Rear-End Collisions
Driver negligence is the most common reason that a rear-end collision occurs. Distracted driving, such as texting or eating while driving, driving under the influence of alcohol or drugs, and aggressive driving, such as speeding, tailgating, or improper lane changes, are all common causes of rear-end collisions.
Recovering compensation for your losses in a rear-end collision involves proving that the other driver was at fault for the accident. According to Massachusetts General Laws Chapter 231 § 85, the state of Massachusetts follows a modified comparative negligence rule for determining liability and compensation in personal injury cases.
Under this rule, each party in an accident is responsible for their portion of fault. For example, if the rear-end collision is 20% your fault, you would receive 20% less than the total damage award, or 80%. If anyone is 51% or more at fault, they cannot recover any damages.
Because of this comparative negligence law, it is essential to prove that the other driver was negligent or at fault for the accident if you hope to obtain an award. “Negligence” usually refers to a lack of reasonable care in preventing harm from occurring to others, which can include breaking traffic laws. A lawyer may be able to help you prove the other driver’s fault and help you recover compensation.
For a free legal consultation with a rear-end collisions accidents lawyer serving Boston, call (800) 959-1444
Your Legal Options After a Rear-End Collision
When you are in a car accident, you have two main recourses to obtain compensation for the damages you suffer:
- File an insurance claim: You can file a claim with the other driver’s insurance company to ask them to pay for your losses. Insurance companies will typically investigate who is at fault before offering a settlement. If the other driver does not have insurance, you could file a claim with your own insurance provider, but whether they will cover your losses depends on the type and amount of coverage that you have.
- File a personal injury lawsuit: In situations where an insurance company cannot or will not provide enough compensation, a personal injury lawsuit is often the best way to obtain compensation for your losses. A lawyer can file the suit on your behalf and negotiate for a settlement or argue for your rights in court.
The Boston rear-end collisions lawyer at Ben Crump Law, PLLC may be able to help with your case by investigating the crash, gathering evidence, and firmly negotiating for you to receive a fair settlement.
Boston Rear-End Collisions Accident Lawyer Near Me (800) 959-1444
If you or your loved one suffered an injury or a loved one died due to a rear-end collision that was not your fault, you should be able to receive compensation for your losses. Possible recoverable damages for a rear-end collision through a personal injury lawsuit in Boston, Massachusetts, include both economic and non-economic damages, such as:
- Medical bills
- Future medical expenses
- Lost wages and benefits
- Loss of future earning capacity
- Property damage, including vehicle replacement and repairs
- Pain and suffering
- Mental anguish and emotional distress
- Loss of companionship
- Loss of enjoyment of life
Earning awards after a car accident due to another driver’s negligence is important because you should not have to suffer further after the accident by paying for something that was not your fault. Holding the negligent driver financially responsible for their actions could also help to prevent more accidents and injuries in the future.
The Statute of Limitations May Affect Your Case
Statutes of limitations are state laws that place a time limit on when you can pursue legal action after a wrongful event occurs. According to Massachusetts General Law Chapter 260 § 2A, the statute of limitations for personal injury lawsuits in Massachusetts is three years.
For the most part, you cannot recover damages in Boston if your rear-end collision occurred more than three years ago. However, there are rare exceptions to statutes of limitations, so you could still consult a lawyer to be sure you know your options for recovering compensation.
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The Team at Ben Crump Law, PLLC Is Here for You
Being in a car accident is often a traumatic event, and injuries and vehicle damage can cause a lot of stress. Hiring a Boston rear-end collisions lawyer to take care of your case can give you the chance to focus on healing after your accident while knowing that your case is in good hands.
To pursue compensation on your behalf after a rear-end collision, the team at Ben Crump Law, PLLC can:
- Obtain and review police records of the accident.
- Obtain your medical records for evidence.
- Gather video, photos, eyewitness statements, and other evidence of who is at fault in the collision.
- Identify what damages you may be able to recover.
- Communicate and negotiate with insurance providers.
- File a personal injury lawsuit on your behalf.
- Manage all necessary documentation and communication.
- Firmly negotiate for you to receive just compensation.
Contact Ben Crump Law, PLLC, today to begin your case. Call (800) 235-0444 to schedule a free consultation with no obligations. If you choose to continue with your case, you will never owe us any fees unless we can recover an award for you, and then we will take our payment from the settlement.