Immediate Steps After a Car Accident: What to Do at the Scene

Your immediate actions after a car accident can significantly impact the outcome. First, ensure safety by moving to a safe location and checking for injuries. Exchange information with the other driver, gather evidence and report the accident to the authorities. These steps are crucial for protecting your well-being and building a solid case.

Seeking Medical Attention: Importance and Process

Seeking medical attention after a car accident is paramount, even if injuries seem minor. Some injuries may not manifest symptoms immediately but could worsen over time. Prioritizing your health ensures a proper recovery from the accident. Keep records of all medical visits, treatments, and expenses, as these documents are crucial for insurance claims. Also, allow your Cape Cod personal injury lawyer to have a record of the damages from your accident to strengthen the case.

Evidence Collection and Documentation: Building Your Case

Collecting and documenting evidence is crucial for building a solid case. Take photos of the:

• accident
• vehicle damage
• road conditions
• relevant traffic signs or signals

Obtain contact information from witnesses and gather the other driver’s insurance details. Keep repair receipts and correspondence with insurance companies to provide proof for your Marion car accident attorney.

Dealing With Insurance Companies: Dos and Don’ts

Report the accident promptly to your insurer, providing accurate details and documentation. Avoid admitting fault or signing anything without legal advice. Consulting a personal injury lawyer MA protects your rights during insurance negotiations.

Consulting a Marion Car Accident Attorney

Consulting with a personal injury lawyer, specifically a Marion car accident attorney, is crucial after a car accident. A lawyer can guide you through the claims process. They’ll negotiate with insurance companies on your behalf and work to maximize your compensation, ensuring you receive the support and advocacy needed during this challenging time.

Case Closed

Securing compensation after a car accident is essential to cover medical expenses, vehicle repairs, lost wages, and other damages. By following the steps outlined, a skilled Marion car accident attorney will help you increase your chances of obtaining compensation and a fair outcome. At The Law Offices of John C. Mannoog III, we make it our mission to provide clients with a personal injury lawyer, MA who will assist them in this process.

They’re handy little gadgets. Unfortunately, they are also very addictive (especially for teenagers), and their use while driving has caused so many accidents that cellphone use has spawned its own category on accident statistic forms: “distracted driving.”

To combat this ever-growing problem, a few years ago the Massachusetts legislature enacted a law (Mass. Gen. Laws ch. 90, § 13B) that prohibits any driver from texting while driving and a law (Mass. Gen. Laws ch. 90, § 8M) forbidding “junior operators” (drivers under the age of 18) from engaging in any use of a mobile phone or other mobile electronic device, including hands-free phones, while driving. Many are now saying these laws are not enough.

A Push Towards More Effective Legislation

With distracted driving accidents now accounting for approximately one in four traffic crashes, and the death toll from wrecks involving texting or other cell phone use steadily rising, there is a push for tougher legislation. According to reports, there are several bills now pending before the Massachusetts legislature that would make it illegal to use any cellphone while in a car unless such use is through a hands-free device.

According to proponents of the legislation, banning all cellphone use except hands-free usage would make it easier for law enforcement to crack down on texting while driving because, as the law stands now, it is difficult for an officer to determine whether a driver who is seen holding a phone is actually in violation of the no-texting ban. Since the proposed change would make it illegal to hold a cellphone at all while driving, an officer who sees someone holding a phone while operating a motor vehicle would be able to write a citation without verifying that the person was, in fact, using the phone to send a text message.

The legislature may also consider raising the penalties for texting and driving. As the law stands now, a driver who disobeys the no-texting law can only be fined a maximum of $500. (The current fine is $100 for a first offense, $250 for a second offense, and $500 for third and subsequent offenses.) Ponder exactly how high a penalty would have to be to get the average driver to permanently put down his or her phone while behind the wheel.

To Get Advice About a Distracted Driving Accident Case

As attorneys, we understand that distracted driving can yield tragic results. We see these types of cases all too often. If you or a family member has been hurt in a car accident because of a driver’s use of a smartphone or other electronic device while driving, you need a compassionate yet aggressive law firm on your side as you seek compensation for what you have been through. To schedule a free consultation about your case, call the Law Offices of John C. Manoog, III, at 888-262-6664. Our offices are located in Hyannis and Plymouth, and we proudly serve all of the Cape Cod area.

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Mass. Gen. Laws ch. 90 § 34M states that a person who seeks benefits under PIP “shall submit to physical examinations by physicians selected by the insurer as may be reasonably required.” The purported purpose of this is to assist the insurance company in determining the amount legitimately due to the claimant under the PIP provisions. In the recent case of Ortiz v. Examworks, Inc., the Massachusetts Supreme Court was called upon to interpret the statutory provisions.

The Facts of the Case

The plaintiff was a man who was injured while riding in a car insured by Progressive Insurance Company in June 2011. The man sought PIP benefits from Progressive, and Progressive contacted defendant Examworks, Inc. to arrange for an independent medical examination (IME) for the man. The defendant set up a physical therapy medical evaluation for the man with an “examining physician,” who, as it turned out, was a licensed physical therapist, not a medical doctor.

Proceedings in the Lower Court

Apparently displeased with the physical therapist’s IME, the man filed a putative class action lawsuit on behalf of himself and others who had gone through IMEs scheduled by the defendant and conducted by someone other than a licensed medical doctor. He sought declaratory relief, equitable relief, and damages. According to the man’s complaint, the IMEs were in violation of Mass. Gen. Laws ch. 112 § 8A, ch. 93A §§ 2 and 9, and ch. 214 § 1B. Although the trial court agreed with the man that Mass. Gen. Laws ch. 90 § 34M’s reference to “physicians” means licensed medical doctors, it dismissed his case for failure to state a claim because he did not sufficiently allege a claim of invasion of privacy and failed to allege an injury resulting from the defendant’s alleged unfair or deceptive practices.

The Court’s Decision on Appeal

After transferring the case from the intermediate court of appeals on its own motion, the court affirmed. Phrasing the issue as whether the word “physicians” refers solely to medical doctors licensed under Mass. Gen. Laws ch. 112 § 2 or whether the term also includes additional types of licensed health care practitioners, the court ruled that the statute was to receive the broader definition. According to the court, “physicians” includes other appropriate licensed or registered health care practitioners, such as the physical therapist who performed the man’s IME.

To Speak to a Cape Cod Car Accident Lawyer

If you have been hurt in an automobile accident and need to speak with an experienced injury attorney, the Law Offices of John C. Manoog, III welcomes the opportunity to serve you. We are well-versed in the procedures necessary to file a claim against a negligent driver, negotiate with insurance companies, and take a case to trial if necessary. You can schedule an appointment with one of our knowledgeable attorneys by calling (888) 262-6664. We accept cases throughout the Cape Cod area, including Plymouth and Hyannis. Nos falamos Portugues!

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According to the website, Distraction.gov, you are 23 times more likely to crash if you text while driving. Their slogan says it all: “One text or call could wreck it all.” The seriousness of texting while driving is certainly garnering national attention — and not a moment too soon. Distracted driving has been characterized as a dangerous epidemic. In 2011, more than 3,000 people were killed in distracted driving car accidents. These alarming statistics continue to grow despite the fact that many states have passed laws banning texting while driving. In fact, since 2010, drivers in Massachusetts have been prohibited from sending, typing, or reading electronic messages via handheld devices while driving.

While the court refused to find the remote texter liable in the case mentioned above, the judge clearly has set forth the potential for liability. In all likelihood, the court is probably trying to do its part to reduce the number of people who are texting while driving in an effort to reduce the number of related crashes and devastating injuries and deaths. Distracted driving accidents are the cause of many kinds of serious injuries, including broken bones, head trauma, paralysis and other life-altering conditions.

In Cape Cod and throughout Massachusetts, drivers have a legal duty to exercise reasonable care while driving a motor vehicle. A person who texts and drives does not fulfill that duty. And a person who has been injured as a result of another person’s failure to fulfill the duty (or negligence), has a right to seek compensation for their injuries. Negligent drivers include anyone who texts and drives, runs a red light, speeds, fails to use their turn signals, drives drunk, fails to stop at a stop sign, and fails to yield, among other items. Victims of a car accident case involving a negligent driver have the potential right to recover damages for the following items: lost wages, reduced earnings, medical bills, property damage, psychological counseling, pain and suffering and emotional distress. Keep in mind that insurance companies will work hard to minimize their ultimate payout.

To maximize your recovery, it is important to contact an injury attorney with experience handling car accident cases, someone who will conduct a thorough investigation into your claim and the circumstances surrounding your case. With the proper preparation, an attorney can negotiate with the insurance company to reach a fair and just settlement.

Local attorney, John C. Manoog III, has extensive experience handling car accident cases for injured victims in Cape Cod. For a free initial consultation, call the office at 888-262-6664 or reach us by email. There is always someone available to talk to you about your case.

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It was hoped that these new laws would reduce the number of car accidents caused by distracted drivers. If you or someone you know has been injured in a car accident caused by the negligence of another, you may be entitled to compensation for your injuries. You are encouraged to contact a local attorney with experience handling car accident claims to assist you with your case.

The Cape Cod Today reported on a recent survey conducted by the Boston-based insurer, Plymouth Rock Assurance, that looked at drivers’ attitudes about texting while driving. The results are surprising. The company issued a questionnaire to 500 drivers in Massachusetts and Connecticut. Despite the fact that the safe driving law has been in existence for almost three years, 40 percent of drivers in Massachusetts say that they still send text messages while driving. In addition, only 22 percent of those surveyed say they plan to completely abide by the law, and a bold 26 percent say they will totally ignore the law.

According to the survey, the primary culprits appear to be people between the ages of 17 and 44 – they were twice as likely to text and drive — and overall, female drivers were also more likely to have texted while driving. On a somewhat promising note, 96 percent of those surveyed say they would not text and drive with young children in the car.

In a coincidental turn of events, on the very day that these survey results were published, the Massachusetts State Police announced that they received $275,000 in grant money to help put an end to texting and driving. The National Highway Traffic Safety Administration is funding the effort aimed at enforcing the Massachusetts Safe Driving Law. The safety program is called “Text With One Hand, Ticket In The Other,” and entails monitoring highways and looking for distracted drivers by implementing what the police call, “high visibility enforcement.” Over the next few months, the Massachusetts law enforcement will set up sting operations along state highways in 12 communities.

Aside from texting, other forms of distracted driving include the use of a GPS device while driving, as well as checking Facebook and Twitter accounts and other social media outlets. Taking one’s eyes off of the road while driving can lead to devastating consequences. In addition to the devastating fatalities caused by distracted driving accidents, many people also suffer from serious injuries, such as broken bones, head trauma and other life-threatening matters. Victims of these accidents are entitled to seek financial compensation for their suffering and losses. The ideal course of action is to contact an injury attorney with a great deal of experience handling such cases, as soon as possible after the accident.

Local attorney, John C. Manoog III, has extensive experience handling car accident cases for injured victims in Cape Cod. For a free initial consultation, call the office at 888-262-6664 or reach us by email. There is always someone available to talk to you about your case.

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