A man driving a car on Route 24 in Massachusetts was thrown from his vehicle as it drove off the highway and flew over a guardrail on the side of the roadway. The car then rolled into the woods where it finally came to a stop. The man, who was thrown from the vehicle, was pronounced dead at the scene by the Massachusetts State Police. Another person was in the vehicle. This passenger was seriously injured and rushed to the Good Samaritan Medical Center in Brockton, MA. It is not yet known how the accident occurred and the State Police are investigating the car crash.
Filing a Claim as a Passenger in a Car Accident
A passenger in a car crash may file a claim for injuries sustained in the accident, even if it was a single car accident. As with any car accident case, there are two main issues to deal with: (1) Liability; and (2) Damages.
Liability means, who was at fault for the accident. A passenger, who files a claim for injuries suffered in a car accident against the driver, must establish that the driver was negligent in the operation of the vehicle. A driver of a motor vehicle has a duty to operate a car in a safe manner. This duty is extended to not only other drivers on the road, but also to the passengers of his or her vehicle. In most single car accidents it is simpler for a passenger to establish negligence against the driver of a vehicle when an accident occurs. Common examples include speeding or reckless driving. In those cases, the driver of the car will almost always be found to have been at fault for the accident. Also, aside from some peculiar facts and circumstances, a passenger will not be accused of contributing to the accident, so there is rarely a contributory or comparative negligence argument.
Once liability is established, the next matter to deal with is damages. Damages are the injuries the passenger suffered in the accident and how much money he or she should be compensated for those injuries. This is where the driver’s insurance company gets nitpicky. They may accept liability for the accident, but will then try to minimize the extent of the passenger’s injuries. To learn how to maximize the settlement of your accident claim and get the most reasonable and fair compensation for your injuries, get a copy of our free book HERE. This book will help you understand how claims are pursued and what you can do to get the best settlement for your injuries.
Contact a Top Framingham Personal Injury Attorney TodayAccident cases are complex. Representing accident victims requires knowledge of the laws that govern injury claims and experience in handling them. If you have been injured in an accident, our top car accident lawyers have a proven track record for handling accident cases. Contact our Framingham personal injury attorneys today to schedule your free consultation.