An auto accident can be devastating depending on its severity. Not only do auto accidents result in physical injury much of the time, they can also result in significant property damage. If you have been injured in a sideswipe accident or any other type of accident, you need the help of a reputable Massachusetts personal injury attorney. You can take solace in the fact that we will defend your best interests against the at-fault party.
Sideswipe accidents take place when the sides of two parallel cars touch and swipe each other. Put another way, sideswipe accidents occur when the sides of two vehicles impact. These collisions can happen between vehicles travelling in the same direction as well as those travelling in opposite directions. While these accidents can occur anywhere, they commonly take place at intersections, in parking lots and on multilane roads when drivers make improper turns.
Depending on the severity, the initial impact of a sideswipe accident can create enough force to lead to serious injuries, such as broken bones, broken ribs, neck and back injuries, brain injuries, cuts and burns. In addition, the initial impact of the crash may cause your vehicle to smash into other vehicles or stationary objects such as a light pole or fence.
Liability After a Sideswipe Accident
Liability in sideswipe accidents can be complicated and in order to get to the bottom of what happened in your case, we will need to conduct an in-depth and thorough investigation. Fault is a way of assigning responsibility for the accident. The person legally at fault is deemed to be negligent and, therefore, responsible for damages resulting from the accident. Negligence occurs when a person fails to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances, thus, causing an accident and resulting injury to another. The conduct typically consists of actions it can also consist of omissions (i.e., a failure to act when there was a duty to do so). For example, if a motorist causes a sideswipe accident by making an unsafe lane change, that motorist may be liable for the accident and any resulting harm.
The Modified Comparative Negligence Rule
It is important to note Massachusetts follows the modified comparative negligence rule under which fault is relatively apportioned between parties involved in an accident. For example, if a plaintiff is found to be 20 percent at fault for an accident, that plaintiff’s total award will be reduced by 20 percent and he or she will take home 80 percent of it (i.e., if the award was $10,000, he or she will take home $8,000). The only exception to this rule is if a plaintiff was over 50 percent at fault for the accident in which case that plaintiff cannot recover at all.
Massachusetts Sideswipe Collision Lawyers
Sideswipe accidents can lead to serious injuries that can have a long-term impact on a person’s life. If you or someone close to you has been injured in this type of accident, we can help. At Barry Feinstein & Affiliates, P.C., our highly skilled Massachusetts’ car accident attorneys are committed to getting you the compensation you deserve for your harm. We understand that dealing with an accident can be very stressful, which is why we will handle your case with the utmost compassion. For a free case evaluation, call us at 1-800-262-9200 or contact us online.
More Blog Posts: