Being involved in a car accident can be a frightening, painful, and life-altering experience. Even if you obey all the traffic laws and try your best to drive safely, sometimes it is impossible to avoid becoming a victim. Fortunately, Massachusetts law allows people hurt in car accidents to seek compensation from a party whose carelessness caused their harm. Injury lawyer John S. Moffa has over 25 years of experience helping Cape Cod residents explore their options and assert their rights.
A car accident usually gives rise to a personal injury case. In this type of lawsuit, a plaintiff must prove that the defendant acted negligently and that this negligence was the cause of his or her harm. In order to show that the defendant was negligent, the plaintiff must first establish the level of care that the defendant was required to exercise at the time the collision took place. The general standard of care requires each of us to act with the same ordinary care and skill that a reasonably prudent person would use in a similar situation, taking into account any special circumstances at issue.
In a car accident case, the standard of care would include taking into account traffic rules, road conditions, and weather conditions, in addition to any other factors that may have affected drivers’ ability to operate their vehicles safely. The plaintiff must show that the defendant’s conduct fell below this standard, resulting in a breach.
If the plaintiff can show that the defendant breached this standard of care, he or she must next show that the breach was the cause of the accident. In other words, the victim must prove that he or she would not have been hurt but for the defendant’s failure to act with the appropriate precautions. This often requires help from accident reconstructionists and other experts to retrace the steps of the collision and show how the defendant’s carelessness resulted in the accident.
Finally, the victim must provide supporting evidence for the compensation that he or she is claiming. This typically includes medical bills, physical therapy, property damage, pain and suffering, and any wages that the plaintiff lost as a result of the accident. In the case of very severe injuries, the plaintiff may be prevented from going back to work for a long time, or indefinitely. If the plaintiff can prove this, the defendant may be required to compensate the plaintiff for his or her loss of future earning capacity.
If you have sustained severe injuries in a motor vehicle collision, it is important for you to keep accurate and thorough records of all the costs and losses that you sustained as a result of the crash.
If you or someone you know has suffered injuries as the result of a car accident, you may be entitled to compensation. Attorney John S. Moffa is committed to serving victims of DUI accidents and other motor vehicle collisions throughout Cape Cod and the surrounding areas. Many of our clients have come from communities such as Plymouth, New Bedford, Falmouth, Hyannis, and Orleans. Let the seasoned and compassionate professionals at the Law Offices of John S. Moffa help you and your family get back on their feet. Call us now at 800-446-4485 or contact us online to set up a free consultation.