Crashworthiness

The personal injury lawyers at the Law Offices of John C. Manoog, III represent victims in Massachusetts who have been injured in many types of car accidents. These include collisions caused by dangerous drivers, as well as crashes involving manufacturing defects and other types of unsafe vehicles, such as those that lack sufficient crashworthiness. We understand that being involved in an accident can be painful and stressful. This is why our Cape Cod car accident lawyers work tirelessly to resolve these cases efficiently and to get clients the full compensation that they are entitled to receive under the law.

Car accidents can happen in a lot of different ways, from a rear-end collision at a stop sign to a full-speed T-bone crash at a busy intersection. Accidents can also happen for a lot of reasons, including bad weather and negligent driving. In other cases, it is the vehicle itself that malfunctions and causes the crash, or it may make the injuries worse because of failing safety equipment. The term “crashworthiness” refers generally to a car’s ability to keep occupants safe in the event of a crash. An automaker that puts a car on the road that is not crashworthy, or that does not live up to certain government safety standards, is likely to be liable for any injuries that result.

Massachusetts law gives anyone injured in a car accident in the state the right to seek compensation from those responsible. The money damages typically available in these cases include compensation for medical bills, property damage, missed wages resulting from time away from work, and pain, suffering, and emotional distress. Family members typically have the right to seek similar damages in the tragic event of a fatal crash.

Car crash lawsuits against a careless driver usually involve claims of negligence. This means that the person injured in the crash needs to prove that the driver whom they are suing failed to live up to a “duty of care” and that their negligent behavior caused the collision. Cases against an automaker concerning the car’s crashworthiness or a defect are somewhat different, however. In Massachusetts, these cases are often covered by the state’s implied warranty of merchantability.

The burden is on the person injured in a crash and their attorney to prove that vehicle defects caused the crash or contributed to their injuries. That means establishing that there was a specific defect in the car or an auto part that directly contributed to the crash or made it worse. The defect could be in the car’s design or manufacturing. If the car does not meet government crashworthiness standards, the car maker is probably on the hook for any injuries caused as a result.

You also would need to show how the car’s inferior crashworthiness specifically caused the accident or made it worse. Expert and other technical evidence often goes a long way in doing this. Even when a driver is partly to blame for a crash, they may be able to obtain some damages. Massachusetts’ modified comparative negligence system allows you to recover some compensation as long as you are not found 51 percent or more at fault for the accident.

At the Law Offices of John C. Manoog, III, we have a century and a half of combined experience in car accident and other personal injury cases. We understand the legal issues that come up in these situations, and we know what it takes to put forward a strong case for a victim. Our track record of substantial settlements speaks for itself. Our lawyers are happy to offer free consultations at our offices, which are located in Hyannis and Plymouth. We are also ready to travel to you if your injuries prevent you from coming to us. Our Cape Cod attorneys do not charge a fee in our car accident cases unless we get compensation for you. Call us at 888-262-6664 or contact us online to schedule a free initial consultation. Nós Falamos Português.