Car Accident Claims Against Friends and Family
The Cape Cod car accident lawyers at the Law Offices of John C. Manoog, III represent people who have been injured in auto accidents across the state. These include car accident claims against friends and family members after they have caused a crash. We understand how difficult these situations can be, especially for someone injured in a crash through no fault of their own. Our lawyers take the time to understand each client's unique individual circumstances and design an approach that meets their needs. We work tirelessly to get the people whom we represent the full compensation from insurance companies and other sources that they deserve.
Being in a car accident is hard enough. When a friend or family member is responsible for the crash, that often adds to the stress involved in the aftermath. The good news is that Massachusetts law requires drivers to carry a certain minimal amount of insurance coverage. In the event that an insured driver causes an accident, that coverage is likely to kick in. The compensation available for people injured in collisions may vary based on the nature of the accident and the injuries. Medical bills, property damage, and missed wages due to time absent from work are typically compensable. In some situations, additional money damages may also be available for pain and suffering, as well as other subjective forms of harm.Proving Negligence in a Car Accident Claim Against a Friend or Family Member
To get that compensation, your attorney typically will need to prove that the person responsible for the crash was negligent. State law imposes a "duty of care" on motorists in Massachusetts, requiring them to operate their vehicles in a reasonably safe way. That means complying with speed limits and other traffic laws and refraining from dangerous activities like texting while driving or getting behind the wheel while intoxicated. A person who fails to live up to this duty and causes an accident as a result is likely to be deemed legally responsible for the crash.
To establish liability, you must prove not only that the driver failed to live up to the duty of care but also that this directly caused or contributed to the crash. Eyewitness testimony from people who observed the accident is often key, as are any police reports from officers who arrive on the scene. In certain cases, an accident reconstruction expert can play a vital role in showing how the collision happened. Even if you were partly to blame for the accident, such as if you were distracting the driver, you may still be able to get some compensation. Massachusetts' modified comparative fault system allows a plaintiff who is found to be less than 51 percent at fault for a crash to get a proportionate share of the money damages from any other responsible parties.
You also need to clearly establish that you were injured in the crash. That means showing that the accident either caused new injuries or made already existing impairments worse. Doctor notes and medical witness testimony can go a long way in doing that. For injuries expected to have a lasting effect, it is also vital to compile evidence showing how the impairments may undermine your ability to work, earning capacity, and quality of life.Consult a Dedicated Cape Cod Attorney for Your Car Crash Case
At the Law Offices of John C. Manoog, III, we have been aggressively representing people throughout Massachusetts in personal injury cases since 1994. We work tirelessly in settlement negotiations and at trial to assert the rights of our clients. When we are handling car accident claims against friends and family, we can help you navigate the situation with discretion and compassion. We can visit you at home or in the hospital if you are unable to come meet with us at our offices. We take most of our car accident cases on a contingency fee basis, which means that we do not get paid unless you do. Call us at 888-262-6664 or contact us online to schedule a free initial consultation. Nós Falamos Português.