Evidence in Car Accident Cases
If you were injured in a car accident, you probably have many questions about whether you are entitled to compensation and what you should do in order to preserve your rights. Although the sequence of events may seem clear to you, there are several steps that you have to take following a car accident in order to help establish your right to compensation from the person who caused the accident to happen. One of these key steps is gathering evidence to show that the other person drove in a negligent manner, and that this was the direct and foreseeable cause of your injuries. A seasoned Massachusetts car accident attorney at our firm is prepared to guide you through each step of the legal process to ensure that your rights are asserted to the fullest extent possible.Evidence in Car Accident Cases
Massachusetts drivers have a duty to drive their vehicles with the same reasonable care and skill that a prudent driver would use when faced with a similar situation. You may need to collect a wide variety of evidence in order to prove that the other driver failed to act according to this standard. One of the most common pieces of evidence that you can obtain is a police report. After ensuring that you receive treatment for any emergency medical issues arising from the accident, it is often a good idea to contact the police and to have a police report prepared. This report will often indicate whether the other driver was breaking the law at the time of the crash, such as by driving while intoxicated or breaking the speed limit.
Witness statements are another common piece of evidence in car accident cases that can help you prove your claims. If there are other vehicles who stop to assist with the crash, you can obtain their name and contact information for the purpose of providing a statement later on. These drivers may be able to testify regarding whether the other driver was operating his or her vehicle erratically, whether he or she saw the other driver on his or her cell phone, and whether a traffic light was green or red.
Photographs and physical evidence from the scene can also be helpful, including images of the crosswalk, intersection, or section of roadway where the accident took place. Images of things like skid marks can also help show what may have happened in the hectic few seconds leading up to the crash. Skid marks can indicate that someone slammed on their brakes at the last minute, for example. Images of the vehicles involved can also show where impact may have happened and how severe it was. You can also take photographs of your injuries to show how badly you were injured in the crash. A seasoned car accident attorney can help you gather all relevant evidence.Asserting Your Right to Compensation
The evidence in your car accident case will be used to show that the other driver did not operate his or her vehicle with reasonable care and skill, and that you suffered damages as a direct and foreseeable result. The other driver will also be gathering evidence in an attempt to prove that he or she did not act negligently, or to show that you also acted negligently at the time of the accident. Massachusetts prohibits a plaintiff from recovering compensation where the defendant can show that the plaintiff was 51% or more at fault for the accident.
Once you are successful in establishing negligence and causation, you can offer evidence to show the amount of damages you suffered in the lawsuit. This can include past and future medical expenses, lost wages, and diminished quality of life. Medical bills and paystubs are the most common ways to establish the first two categories of damages. When it comes to reduced quality of life, you may have to testify about how the accident has impacted your daily life. A medical professional may also be needed to testify about how your injuries will continue to impact you in the future.Meet with a Seasoned Car Accident Attorney in Massachusetts
If you were injured in a Massachusetts car accident and have questions about the best way to go about preserving your rights, a dedicated injury lawyer at our firm is available to meet with you. We serve clients in areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. We understand how overwhelming this process may be for you, especially if it is your first injury accident. To schedule your appointment, call now at 1-800-262-9200 or contact us online to get started.