In Quincy, MA two people were killed in a single car accident. A third person was pulled from the wreckage alive and rushed to a Boston hospital. While the accident is still under investigation by the Massachusetts State Police and their accident reconstruction team, it is reported that the car struck a tree and flipped over. The front seat passenger and the driver were trapped in the vehicle after the crash and died before the police or emergency medical service team could get to the accident scene.
Single car accidents are extremely tough for a driver or his/her family to pursue a personal injury claim, because usually it is the driver’s fault that the accident occurred. The passenger, however, may recover in a claim for personal injuries and consequential damages against the operator on the theory of ordinary negligence. This is because the operator of a motor vehicle owes a duty of ordinary care to the passengers in the car. A Massachusetts case has found that an inference of an automobile operator's negligence was held to be warranted on evidence merely that he had sole control and management of the automobile which, uninfluenced by any outside agency, left the road, and left a tire mark 72 feet long on the shoulder before striking a tree which was 9 1/2 feet from the edge of the road.
In the case reported, where the passenger has passed away from the accident, the family may file and pursue a claim for wrongful death. The family can file a claim to pursue damages for medical bills, pain and suffering, lost income and financial support of the deceased. Additionally, if the deceased was married or had children, then the spouse and children can file and pursue damages for loss of companionship or affection and loss of consortium, which is the intimate relationship someone share with their spouse.
Our office has worked with families in these types of cases and understand that it is extremely hard for a family to lose a loved one in a car accident. Our experience and knowledge of these types of accidents helps the families by relieving them with the burden of dealing with the insurance adjusters, the police, and medical providers and health insurance companies, so they can grieve and focus on their family. If you suffered a tragedy like this, feel free to call our office at (508) 879-3500 or contact us online for a free meeting to discuss your options and rights.