Boston Car Accident Lawyers
The car accident lawyers in Boston at the Law Offices of Jeffrey S. Glassman understand the challenges of dealing with all types of motor vehicle accidents.Our Attorneys Serve all of Massachusetts. We Will Travel to You
Regardless of the specifics of your accident, it’s critical for you as a car accident victim to hire an experienced and aggressive Boston car accident attorney to fight for your rights and make sure you receive maximum compensation under the law for any type of accident. Our law firm represents clients throughout the Commonwealth of Massachusetts. Our attorneys and staff will travel to you.We can Help You Pursue Your Car Accident Claim
If you’ve been in a car accident, you probably have a number of questions spinning around in your head:
- Can I file a lawsuit against the person responsible?
- Is my insurance company obligated to pay for someone else’s negligence?
- The other driver’s insurance company has offered to settle my case. Should I accept the settlement offer?
- The at-fault driver was working when the accident occurred. Can the employer be held liable for my injuries?
- The at-fault driver’s insurer is blaming the accident on me and refusing to pay my claim. What should I do?
- The other driver was uninsured. Do I have any recourse?
First, the car accident lawyers in Boston at the Law Offices of Jeffrey S. Glassman will analyze the facts of your case. Our personal injury attorneys will answer your questions and conduct a thorough investigation to identify all parties potentially liable for your injuries and determine what your case is worth. We will advise you on the steps to take to make sure you receive the compensation and justice you deserve.
Here’s a quick look at some of things we’ll do:
- Obtain your PIP benefits.
- Obtain compensation for any lost wages.
- Communicate with all involved insurance companies.
- Investigate your accident.
- Identify all liable parties.
- Make sure your medical bills are paid.
- Analyze long-term financial needs or medical care.
- Evaluate your injury claim.
All motor vehicle accidents are unique. That’s why our lawyers provide legal advice and action tailored to the specific facts of your car accident.
Our office provides free and confidential legal consultations. Because we handle cases on a contingency basis, you won’t be charged any legal fees unless we’re able to recover money for you.Auto Insurance Coverage Requirements in Massachusetts
Car insurance requirements differ from state to state. Massachusetts requires drivers to have the following minimum car insurance coverage in order to operate a motor vehicle:
- Bodily injury to others: $20,000 per person, $40,000 per accident.
- Personal injury protection, also known as PIP: $8,000 per person, per accident. PIP benefits include medical expenses and lost wages.
- Bodily injury caused by an uninsured auto: $20,000 per person, $40,000 per accident.
- Damage to someone else’s property: $5,000 per accident.
Generally speaking, “no-fault” auto insurance laws require every driver to file a claim with his or her own insurance company after an accident. It doesn’t matter who was at fault.
In “fault” states, drivers can take one another to court for compensation regardless of the severity of their losses. In no-fault states like Massachusetts, individuals involved in car crashes can’t pursue injury claims in court until certain conditions are met.
Massachusetts is a “no fault” state pursuant to Mass. Ann Laws ch. 90, Section 34M, which deals specifically with personal injury protection, or PIP. Massachusetts drivers are required to maintain a minimum amount of auto insurance coverage in case of a car accident. If an accident occurs, a person must first file a claim with his or her own auto insurance company for PIP benefits and other benefits.
If a car accident victim wants to file a lawsuit against a driver outside of this no-fault system, he or she must prove that they incurred at least $2,000 in medical bills or your accident-related injuries include broken bones, a substantial loss of hearing or vision or some serious degree of disfigurement.
If your car accident case meets this threshold, a car accident lawyer in Boston can pursue several types of claims, including:
- Personal injury
- Wrongful death
- Product liability
- Insurance bad faith
A car accident attorney will be able to help you determine early on which potential claims might apply to your case.Comparative Fault in Massachusetts
It’s important to note that if you share some of the blame for the car accident, you’re not barred from suing. As per Mass. Ann. Laws ch. 231, section 85, Massachusetts uses a system of “modified comparative negligence,” which allows car accident victims to claim damages against another party as long as his or her share of the fault doesn’t exceed 51 percent. However, if the court finds that the person who filed the claim was comparatively negligent, his or her share of financial damages will be reduced by that percentage of fault.
Again, a skilled and experienced car accident lawyer in Boston will help you identify all parties responsible for your car crash and evaluate your claim to make sure you receive maximum compensation for your injuries.How Long do I Have to File a Lawsuit for my Car Accident?
The amount of time you have to file a lawsuit following a car accident depends on the specifics of the accident. A civil lawsuit is likely to involve personal injury, property damage, product liability or wrongful death. In Massachusetts, the time limit to file each type of claim—also known as the statute of limitations—is three years. That means you have three years from the date of the accident to file a lawsuit.
A car accident lawyer in Boston will make sure you meet all applicable deadlines.Who’s Liable for my Car Accident?
A car accident lawyer will also help you identify all liable parties. In addition to the driver of the other vehicle, a host of other parties could share liability for your motor vehicle accident, including:
At-fault drivers: This could include drivers other than those the police identify as being responsible for your accident. Massachusetts laws on comparative fault and contributory negligence allow recovery from any party who shares blame and even allows for partial recovery by a victim who is found partially at fault, or even criminal charged. Additionally, Massachusetts laws on joint and several liability means blame can be shared proportionally by all defendants, without regard to percentage of fault, which makes identifying all parties responsible crucial to obtaining adequate damages.
Insurance companies: While an at-fault driver’s insurance company is responsible for paying damages, interactions with your own insurance company could significantly impact your ability to collect damages. In addition to bodily injury liability coverage and property damage coverage, Massachusetts auto insurance law requires all drivers to carry minimum uninsured motorist coverage of at least $20,000 per person and $40,000 per incident. Uninsured motorist coverage provides coverage when one or more at-fault parties do not have auto insurance. While Massachusetts is not among the states that require underinsured motorist coverage, which provides protection when a motorist doesn’t have enough insurance to pay all damages, many drivers carry this coverage, too.
Employers: Individuals injured in a traffic accident while on the job are eligible for workers’ compensation benefits. If you’re injured by an at-fault driver who is working at the time, you might have a potential claim against the driver’s employer.
Other drivers: An involved driver who isn’t blamed or cited by law enforcement can still be held financially responsible for a car accident. Obtaining statements or contact information from witnesses could be key to your case.
Municipalities: In cases of dangerous or defective roads, missing or inoperable streetlights or other roadway dangers, a driver might be able to file a claim against a government entity or municipality. While these entities can be held liable for negligence, or for the negligent or dangerous acts of employees, these cases are complicated and there are many exemptions as well as notice requirements, some as soon as 30 thirty days. An experienced car accident attorney in Boston can help you navigate these complex cases.Common Causes of Car Accidents in Massachusetts and Elsewhere
Car accidents can be caused by a variety of factors and situations. Here’s a list of some common causes of car accidents:
- Distracted driving is the leading cause of car accidents and includes activities such as texting or talking on a cellphone, eating, reading or grooming while behind the wheel.
- Speeding in excess of posted limits is the second most common cause of car accidents.
- Drunk driving rates are on the decline, but the problem—and danger—remains real. Drunk driving is still the number one cause of roadway fatalities, according to Mothers Against Drunk Driving.
- Reckless driving occurs when a driver changes lane too quickly, drives aggressively, tailgates or otherwise operates a motor vehicle in a reckless manner.
- Poor weather conditions that lead to slippery road surfaces and poor visibility.
- Motor vehicle design defects.
- Driving the wrong way on a street.
- Failure to follow traffic lights and signage.
- Teenage drivers who lack driving experience.
- Older drivers who have poor eyesight or might be confused.
- Driving while under the influence of drugs, including marijuana and prescription medication.
- Potholes, as well as debris and other obstructions in the middle of a road.
- Tire blowouts, which can cause a driver to swerve unexpectedly.
- Animal crossings, especially deer.
- Construction zones, which can be confusing to drivers if improperly marked.
Some common injuries that people suffer in car accidents include:
- Traumatic brain injuries, including concussions
- Back injuries, including spinal cord damage and herniated discs
- Neck injuries, including whiplash
- Loss of limb
- Soft tissue injuries
- Broken bones
- Post-traumatic stress disorder
- Wrongful death
The type and severity of car accident injuries are affected by numerous factors such as seat belt use, airbag deployment, age of the accident victim, type of vehicles involved, collision speed and type of collision (head-on crash, rear-end crash, sideswipe or side crash).
Car accident injuries can appear to be minor in nature immediately after an accident. However, the true severity of an injury might not be discovered until weeks or even months later. A car accident lawyer in Boston will help you properly evaluate the severity and impact of your injury and prevent you from prematurely settling your claim for less than you deserve.Types of Car Accident Damages
- Medical expenses
- Physical pain and suffering
- Mental anguish and emotional suffering
- Lost wages
- Loss of earning capacity
- Loss of consortium brought by a spouse or child
- Property damage
After conducting a thorough investigation of your accident, these are the damages that a car accident lawyer in Boston will negotiate on your behalf. By retaining a skilled car accident attorney, you’ll maximize the amount of damages that you recover.
If a car accident causes the death of another person, the next of kin might be able to file a wrongful-death claim, as explained in Mass. Ann. Laws ch. 229, Section 2, and recover damages that include loss of income, funeral and burial expenses, and punitive damages.What Steps Should a Car Accident Victim Take After an Accident?
After a car accident, follow these basic steps:
- Stop your vehicle.
- Contact law enforcement.
- Accept emergency medical treatment.
- Cooperate with police.
- Obtain contact information from the other drivers and any witnesses.
- Take photos and notes.
- Seek medical care, even if your injuries seem minor.
- Contact your insurance carrier to inform it of the crash.
- Keep records of insurance company contacts, police officer names, witness contacts and other pertinent information and stay organized.
Your next step is to speak with an experienced car accident attorney in Boston. Don’t delay. An attorney will help you understand your rights under the law and review all options that you have.
In addition, your attorney can work with your insurance company and the insurance companies of any at-fault drivers on your behalf and make sure they treat you in a fair manner and in accordance with the terms of all insurance policies involved.
If an insurance company contacts you, refer the insurer to your personal injury attorney and refrain from making any other statement.
Your attorney will help identify all parties who might be liable and negotiate on your behalf for the maximum amount of compensation available.
Depending on your situation, there may be coverage under other insurance policies such as policies issued to people in your household. If the at-fault driver is not the owner of the vehicle, he may have insurance coverage that may apply to help compensate you for your injuries.
If you’re not sure if another party is liable for your car accident and your injuries, your attorney will help you make that determination.Settlements for Car Accidents in Boston
Many car accidents are resolved before a lawsuit is filed by a settlement. That’s why it’s important that your car accident attorney is a proficient negotiator.
Some cases are settled before a lawsuit is filed. There are advantages to reaching a pre-trial settlement, including:
- Faster resolution of your claim
- Reduced attorney fees
- No trial
- No unpredictable decision by jurors
If the settlement you’re being offered isn’t fair, these advantages aren’t worth it. Your attorney can help you make that call.When Should an Injured Party File a Personal Injury Lawsuit Against an At-Fault Motorist?
An experienced car accident attorney will help you decide whether you should proceed with a personal injury action against the at-fault driver.
If the driver is underinsured and does not have adequate coverage to compensate you for your car accident damages, a personal injury lawsuit is one tact to take to seek compensation and make yourself whole.
Keep in mind that a lack of insurance often means that a driver is unable to afford additional coverage and has little money or financial assets. In such a case, a personal injury lawsuit might not be your best course of action. Again, a skilled personal injury lawyer will help you make the decision that’s right for your situation.Statistics
If you think you’re not at risk for being involved in a car accident or other motor vehicle accident, think again. Some studies indicate that fatal car accidents are on the decline, thanks in part to safety technology installed in newer motor vehicles.
However, certain studies also show that motor vehicle accidents in general are on the rise because of distracted driving related, in part, to drivers using cellphones and other technology behind the wheel.
In addition, more than 143 million Americans commute on a daily basis, according to statistics from consumer safety group SaferAmerica. With tens of millions of drivers on the country’s roadways, accidents are bound to happen.Car Accidents in Boston and the Greater Massachusetts Area
According to data from the Massachusetts Department of Transportation, there were approximately 4,426 car accidents in Boston in 2019. Of those car accidents, there were 19 fatal injury crashes, 82 serious injury crashes and 566 minor injury crashes.
In addition, 399 of those crashes were young driver related and 487 were older driver related.
In Boston, top intersection crash locations in 2019 were:
- Morton Street/Harvard Street
- Gallivan Boulevard/Dorchester Avenue
- Gallivan Boulevard/Granite Avenue
- Gallivan Boulevard/Adams Street
- John F. Fitzgerald Expressway/RT 93 SB HOV Lane
In 2018, Boston had the worst rush-hour traffic of any state in the country and the 8th worst in the world, according to a report by traffic analytics company INRIX. The company valued the cost of congestion per driver at $2,291. Congested roads are prime sites for car accidents.
As for the state of Massachusetts, there were nearly 137,000 car accidents in 2019. Of those car accidents, 338 resulted in fatal injuries, 2,235 resulted in serious injuries and 14,975 resulted in minor injuries.
In addition, 2,400 were pedestrian related, 1,400 were bicyclist related, 1,700 were motorcycle related, 21,000 were young driver related and 24,700 were older driver related.
These are the most dangerous highways in Massachusetts from 2015 to 2017 and their corresponding fatalities, according to a July 19, 2019, article from online security site ASecureLife:
- I-495N – 18 fatalities
- I-495S – 15 fatalities
- I-195E – 9 fatalities
Boston is the capital and most populous city of Massachusetts. The city covers 49 square miles and had an estimated population of more than 695,000 in 2018.
In the downtown area, Boston’s streets don’t form a grid. The eastern end of I-90 ends in Boston. I-90 follows the Massachusetts turnpike. Major highways in Boston include I-93, US 1, US 3, Massachusetts Route 3, Massachusetts Route 2 and Massachusetts Route 128, which surrounds the city. Accidents are common on these main roads, especially when brutal New England winters bring snow, ice and wind.
Boston has been nicknamed “The Walking City” and is home to more pedestrian commuters than other comparably populated cities because of its compact size and large student population. The large number of walkers also means a large number of car accidents involving pedestrians.
Boston also has one of the highest rates of bicycle commuters. Again, with so many bicyclists on the roads, Boston has a high rate of motor vehicle accidents involving bikes.
If you are struck by a motor vehicle as a pedestrian or bicyclist the lawyers at the Law Offices of Jeffrey S. Glassman will help you recover the compensation you deserve.Call Today for a Free Case Evaluation
Our car accident attorneys in Boston at the Law Offices of Jeffrey S. Glassman charge clients on a Contingency Fee Basis. This means that you agree to have our fees deducted from the final settlement or damages awarded by a jury at trial.
There are no upfront costs and no out-of-pocket legal fees.
At the Law Offices of Jeffrey S. Glassman, there are no legal fees unless we obtain compensation on your behalf. Our highly skilled, compassionate legal team understands that many people who come to us aren’t wealthy. A lack of financial resources doesn’t mean that a person shouldn’t be able to secure experienced representation in car accident or other personal injury action.
Attorney fees and limitations on contingency fees are governed by Mass. Ann. Laws ch. 231, Section 60I.
If you’ve been in a car accident in Boston or anywhere else in Massachusetts, contact the personal injury lawyers and wrongful-death attorneys at the Law Offices of Jeffrey S. Glassman for a free and confidential consultation to discuss your rights at (617) 777-7777. Or visit our website at https://www.jeffreysglassman.com/.
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