Road Departure Crashes
Most drivers have encountered a situation where they briefly lose control of their vehicle or encounter a road hazard like debris or black ice. It can lead to an incredibly stressful moment on the roadway even if the driver is able to regain control and prevent any accidents from happening. In some situations, however, drivers fail to regain control of their vehicles before it’s too late to prevent serious road departure crashes from taking place. The Massachusetts car accident attorneys at The Law Offices of Barry Feinstein & Associates P.C. are available to help you learn more about your legal rights following a road departure crash.Road Departure Crashes in Massachusetts
In general, a road departure crash refers to a situation where a vehicle crosses over a center line or leaves the roadway entirely. These accidents can take the form of single-car or multi-car accidents. In either situation, the occupants of the vehicle often face very serious injuries. If the vehicle crosses the centerline and enters the oncoming lanes of travel, then the occupants face head-on collisions or T-bone accidents. If the vehicle leaves the roadway and veers off into a ditch or other area adjacent to the lane of travel, then the occupants may face serious injuries from the impact of colliding with medians, trees, guardrails, or other objects. Any pedestrians or bicyclists in the vicinity are also at serious risk of being struck by the out-of-control vehicle.
Road departure crashes can happen for a variety of reasons. Some common examples include distracted or drunk driving in which the driver is unable to pay sufficient attention to the roadway ahead. It only takes a few seconds for the situation on the road to change and if a driver is not paying adequate attention or intoxicated, then he or she may not be able to react accordingly. Aggressive driving can also lead to road departure accidents.Seek the Compensation That You Deserve
After a road departure crash, you can seek compensation from the person who caused the accident to take place. This can take on many forms. You may have a claim against the driver of another vehicle or you may have a claim against the driver of the vehicle in which you were riding as a passenger. An experienced lawyer can help you evaluate your claim and ensure that you pursue your claim against all possible parties. To recover compensation, you must show that the defendant failed to drive his or her vehicle with the same level of prudent care that a reasonable driver would have used and that your injuries happened as a direct and foreseeable result. This sounds straightforward, but establishing that a driver breached this duty of care often involves gathering evidence, speaking with experts, and more.
After showing that the defendant did not drive with sufficient care, you must prove a causal connection between that lack of care and the injuries that you sustained. The defendant may argue that some other factor was the primary cause of your injuries including your own negligence if there is evidence to support it. If the defendant can prove that you were contributorily negligent at the time of the accident, then your ability to recover compensation may be affected. Finally, be prepared to provide documentation of the damages that you are claiming in the lawsuit. This often includes past and future anticipated medical bills, lost wages, lowered earning capacity, emotional suffering, and more.Meet with a Diligent Lawyer in Massachusetts
The attorneys at The Law Offices of Barry Feinstein & Associates P.C. understand how overwhelmed you probably feel after experiencing a road departure accident in Massachusetts. If this is your first experience with the legal system, you may not know where to begin or the best way to go about protecting your legal interests Whether you are simply exploring your options, or eager to begin learning more about your rights, we offer a free consultation to discuss your situation. Call our office as soon as possible at 800-262-9200 or contact us online to get started.