Traffic Violations as Evidence of Negligence
Massachusetts, like all states, has traffic laws that set forth the duties imposed on motorists traveling on a public road. Traffic laws aim to reduce collisions and make the roadways safe for drivers and passengers, but many people, unfortunately, fail to abide by the laws and consequently cause accidents. If you were injured in a car accident that was caused by another person’s traffic violation, you should speak to a lawyer regarding your right to seek compensation in a civil lawsuit. The Cape Cod car accident attorneys of The Law Offices of John C. Manoog, III, can advise you of your rights and assist you in pursuing the full amount of damages recoverable under the law. We understand how to utilize traffic violations as evidence of negligence on the part of a defendant, and can help you assert your legal rights. Collectively, we have more than fifteen decades of experience representing injured parties in the Massachusetts courts, and our skillful advocacy has resulted in numerous multi-million dollar verdicts and settlements for our clients.
While people rarely intend to cause car accidents, most accidents are caused by careless but deliberate actions. As such, people injured in car accidents can pursue claims that arise out of traffic violations caused by negligence, bringing suit against the driver that caused the accident. On Cape Cod, a plaintiff must prove each element of negligence to recover damages. In other words, a plaintiff must prove by a preponderance of the evidence that the defendant owed a duty to the plaintiff, the defendant’s actions constituted a breach of the duty, and the breach caused the plaintiff to suffer actual harm.Traffic Violations as Evidence of Negligence
In many lawsuits arising out of car accidents, the duty owed is the duty to act with the care a reasonable person would exercise under similar circumstances. In cases in which the defendant was cited for violating a traffic law, however, the law can be used to establish the standard of care. In other words, if the defendant received a citation for failing to abide by a traffic control device, the law the defendant violated can be used to prove that the defendant had a duty to abide by the traffic control device, and the failure to abide by the device can be offered as evidence the defendant breached the duty owed. Additionally, police reports arising out of car accidents will often refer to any traffic violations as the root cause of the accident, which a plaintiff can argue supports the inference the defendant was negligent as well. While a traffic citation is not definitive proof that a defendant acted negligently, it is strong evidence in favor of a finding of negligence.Damages Recoverable in Car Accident Cases
A plaintiff that proves a defendant’s traffic violation caused a car accident can be awarded damages for the harm caused by the accident. Damages recoverable may include the cost of any medical treatment the plaintiff needed for his or her injuries, including hospitalization, surgeries, and prescription medication, as well as the cost of future treatment the plaintiff is reasonably expected to need. If the plaintiff was unable to work following the accident, he or she may also be able to recover compensation for lost wages. In addition to compensation for the financial harm caused by an accident, a significant portion of a plaintiff’s damages award may consist of compensation for the physical pain, emotional anguish, and suffering caused by the accident. If a plaintiff was married when the accident occurred, the plaintiff’s spouse may be entitled to recover damages as well.Discuss Your Accident with a Massachusetts Attorney
Car accidents rarely occur without traffic violations, which can be evidence of negligent conduct on the part of the defendant. People that recklessly fail to abide by Massachusetts’ laws should be held accountable for the harm that ensues because of their behavior. If you were injured in a crash that arose out of a traffic violation the car accident lawyers of The Law Offices of John C. Manoog, III, can help you pursue damages to repair the harm caused by the accident. We have a history of obtaining favorable results, including several verdicts that exceeded one million dollars. We frequently represent people injured in car accidents in cases in Cape Cod, and we can meet for consultations in Plymouth and Hyannis. You can contact us through our form online or at (888) 262-6664 to schedule a meeting. Nós Falamos Português.