Car Accidents

New Bedford Car Accident Lawyer

Navigating the aftermath of a car accident can be an overwhelming process. This is where Pacella Law, P.C. steps in, providing dedicated legal services to protect your rights and interests. New Bedford car accident lawyer Gary L. Pacella is proficient in handling car accident cases, relentlessly working to secure fair compensation for our clients. We approach each case with a deep understanding of its unique nuances, refreshed determination, and a commitment to personalized service. We’re fully aware that each client’s situation requires individual attention and a distinct strategy. Reach out to us at 508-525-4147 for a free consultation. We believe in listening first; this allows us to comprehend your circumstance and adopt the most appropriate legal course. With Pacella Law, P.C. by your side, rest assured as we strive to make the complicated process manageable, so that you can focus on your recovery while we fight for your justice.

Types of Car Accidents

Car accidents are unfortunately a common occurrence on roads across the U.S., resulting in fatal injuries and extensive property damage. ​​If you’ve been involved in a car accident, consulting a knowledgeable New Bedford lawyer can be crucial. Within the umbrella term of “car accidents,” there exist several unique types, each presenting its own set of risks and potential injuries:

• Head-on Collisions: This dangerous type of accident occurs when two vehicles traveling in opposite directions collide directly with one another. The high impact speed often leads to severe casualties, and passengers are at an increased risk of whiplash, fractures, and traumatic brain injuries.
• Rear-end Collisions: Probably one of the most common types, these occur when a vehicle crashes into the one in front of it, often resulting in neck injuries due to the sudden, jerking movement.
• Side-impact Collisions: Also known as T-bone or broadside collisions, this occurs when the side of a vehicle is hit. The lack of space between the impacted side and the occupant leads to more direct injuries, often severe.
• Sideswipe Accidents: Happen when two parallel cars touch each other. If the speed involved is high, these can cause significant vehicle damage and lead to loss of control, potentially causing more serious accidents.
• Chain Reaction Accidents: Involve three or more vehicles where an initial accident causes subsequent crashes. These are extremely dangerous, causing severe traffic disruption and potential multi-directional injuries.
• Single-Vehicle Accidents: Unlike others, these involve only one vehicle that may hit a stationary object, pedestrian, or roll over due to high speeds or loss of control. These can be lethal, particularly if the car rolls over.

Knowing and understanding the types of car accidents can be crucial in creating strategies to avoid them and preparing for possible legal proceedings should you find yourself in such unfortunate circumstances.

Causes of Car Accidents

• Distracted Driving: This is one of the leading causes of car accidents in the United States. Distracted driving often involves drivers taking their eyes off the road or diverting their attention from driving due to factors such as using cell phones, eating, engaging with passengers, or fiddling with the radio or GPS navigator.
• Drunk Driving: Alcohol impairs a person’s motor skills and judgment, making drunk driving a severe offense. This harmful practice often results in slow reaction times, impaired coordination, altered perceptions, and potential for unpredictable behavior on the road.
• Aggressive Driving: This encompasses behaviors such as tailgating, changing lanes without signaling, overtaking within dangerous parameters, and other reckless actions. Aggressive drivers pose a serious risk to themselves and others on the roads.
• Speeding: Exceeding the speed limit is a common cause of car accidents as it reduces a driver’s ability to steer safely around curves or objects in the roadway, extends the distance necessary to stop a vehicle, and increases the distance a vehicle travels while the driver reacts to a dangerous situation.
• Failure to Yield: This involves not giving way to other drivers when it is legally required, often leading to collisions at intersections, roundabouts, or merge lanes on highways.
• Auto Defects: Faults or defects in vehicles, such as brake failures, tire blowouts, or steering malfunctions, can be a significant cause of car accidents. Vehicle owners should regularly maintain their vehicles to prevent such incidents.
• Poorly Maintained Roads: Potholes, poor signage, lack of street lighting, and inconsistent road surfaces due to neglect on part of local and state governments can also lead to car accidents.

It’s essential to be aware of these causes to ensure safety on the road.

What to Do After a Car Accident

Car accidents are unexpected, traumatic events that can throw our lives into chaos. Here, we’ve provided a detailed roadmap of steps to take after experiencing a car mishap to protect your health, rights, and potential for compensation:

• Seek Medical Attention: It is paramount to ensure your safety and the safety of others involved in the accident. Promptly seeking medical attention, even if injuries appear minor, document any potential physical injuries which may helps dispel any doubts about accident-related injuries.
• Report the Accident to the Police: Law enforcement officers will endeavor to impartially document the accident, creating an official record that is invaluable when you’re dealing with other parties involved in the accident.
• Report the Accident to Your insurer: Early reporting of an accident to your insurance company helps them to evaluate the incident timely and accurately. This is integral to ensuring that you receive the coverage offered in your policy.
• Gather Contact Information of Witnesses: Witnesses can provide a third-party account of the accident which can be instrumental in the resolution of legal disputes.
• Document the Accident Scene: Taking photos or videos of the accident scene, vehicles involved, and any visible injuries can be potent pieces of evidence. They provide a visual record of the accident and can corroborate your account of events.
• Consult with an Attorney: Engaging an attorney well-versed in handling car accident cases can be crucial to navigating the complex legal maze involved. They can guide you in dealing with insurers, legal proceedings, and attaining fair compensation.

Remember, in the immediate aftermath of a car accident, never admit fault. Statements made at the scene could potentially be used against you. Instead, clarify the facts of the accident to the police and let them decide the fault based on evidence and law.

Whom to Sue After a Car Accident

• The driver of the other car: An individual involved in an accident could be held responsible if their negligence or recklessness led to the accident. This can include actions like distracted driving, drunk driving, or violating traffic laws.
• Employer of the driver of the other car: Employers can be held accountable if their employee, while performing a task within the scope of their employment, triggered a car accident. Under specific circumstances, the law can attribute the wrongdoing of an employee to their employer.
• A car manufacturer: If a defect in a vehicle, which can stem from an error during the manufacturing process or flawed designs, contributes to the accident, the manufacturer could be held responsible. Faulty tires, malfunctioning brakes or impaired steering systems are examples of faults that can lead to accidents.
• A repair shop that performed maintenance on a vehicle: If a servicing or repair job carried out by a repair shop ultimately contributes to an accident, for example, an incorrectly implemented brake change, then that repair shop could be deemed liable.
• Government entity responsible for maintaining the road: Everything from poor road design and maintenance, to inadequate road signage, could potentially be attributed to a government entity. If it can be proven that these factors caused or were a significant contributing factor to the accident, the said government body could be held accountable for the damages.

In each situation,  New Bedford Car Accident Attorney Gary Pacella operates with legal acumen and years of experience to help clients navigate their rights and legal options effectively. We understand that every accident is unique, and we dedicate ourselves to explore every avenue of possible compensation for our clients. Despite the complexities that might arise, our aim is to simplify the process for you and advocate relentlessly for your justice.

Proving Liability for a Car Accident

Car accidents can bring about immense physical, emotional, and financial hardships. As a law firm, we aim to alleviate these burdens and assist clients in navigating through the complexities that follow such troubling incidents. One common avenue for litigation is under the theory of negligence, which requires four elements: duty of care, breach of duty, causation, and damages. In essence, the duty of care refers to each individual’s responsibility to act as a reasonable person would under similar circumstances.

For example, this could mean obeying all traffic laws while driving. The breach of duty element refers to when an individual fails to uphold this standard of care, such as by driving recklessly or distractedly. To satisfy the third element, causation, it must be proven that this breach of duty directly resulted in the accident and subsequent harm. Finally, the damages element focuses on outlining and quantifying the physical or psychological injury or monetary loss that ensued from the accident.

Additionally, automobile defects, constituting a cause for the accident, may invoke a strict liability claim. Unlike negligence, strict liability does not consider whether the responsible party exercised due care or not. Instead, it only requires showing that the defect was inherently dangerous and directly resulted in the accident. Understanding these unique aspects of car accident litigation can be overwhelming, and our skilled team is equipped to guide clients through this process, advocating effectively for their rights and interests in securing appropriate compensation.

Evidence in Car Accident Cases

Navigating the aftermath of a car accident can be a complex process, requiring the collection and analysis of several types of evidence to ensure a fair resolution. Here which we’ll outline:

• Photos and Videos of the Accident Scene: These visual records can provide accurate accounts of the accident scene, illustrating the impact, vehicle positioning, road conditions, and any property damage sustained.
• Black Box Data from the Vehicles: Often overlooked, most modern vehicles contain a ‘black box’ similar to those found in airplanes. This device records critical data points like speed, brake use, airbag deployment, and seat belt use at the time of the accident.
• The Police Report: This serves as an unbiased, third-party record of the accident. It typically includes details of the incident scene, any citations issued, and the responding officer’s impressions of the situation.
• Accident Reconstruction: Applicable in complex accident scenarios, professional reconstructions utilize surrounding evidence, like skid marks and vehicular damage, to deduce how the accident occurred and establish liability.
• Eyewitness Testimony: Witnesses to the accident can provide essential perspectives that clarify the circumstances. These accounts, gathered as soon after the accident as possible, are crucial as memory can fade with time.
• Expert Testimony: Professionals in relevant fields, such as automotive engineers or medical practitioners, can give informed opinions on the accident’s specifics and the subsequent impact on those involved.
• Documentation of Damages: Quantifiable documents like medical bills, car repair receipts, and pay stubs establish financial losses suffered as a result of the accident.

Remember, each piece of evidence that’s collected refreshes the narrative of the incident and strengthens your position in the pursuit of fair compensation. Seek experienced legal guidance to make certain all critical evidence is gathered timely and professionally.

Comparative Negligence in Car Accident Cases

Understanding the impact of car accidents on the lives of individuals is profoundly significant. At our law firm, we navigate through the complexities of automobile accident lawsuits with a distinct level of acumen, supported by years of experience in the industry. An essential aspect that we often explain to our clients is the notion of “comparative negligence.” This legal concept may directly influence the amount of compensation a car accident victim may receive.

In the realm of personal injury law, comparative negligence refers to the apportioning of fault amongst different parties involved in an accident. Simply put, it suggests that more than one party can share the responsibility for an accident, and the damage is distributed proportionally based on the level of fault of each party.

To give this concept a little more clarity, let’s consider the specific stipulations under the law in Massachusetts. The state of Massachusetts employs a “modified” comparative negligence model. Here, a victim can recover damages, provided they were not more than 50 percent at fault for the accident. If a victim is found to be 51 percent or more responsible, they are effectively barred from securing any form of compensation. Therefore, it is crucial to ensure your legal representation possesses comprehensive knowledge of such unique statutes to guide you adeptly through the entire process. Our law firm brings to the table the requisite insight and proven abilities to actively advocate for your rights and secure maximum compensation for car accident victims.

Common Injuries in Car Accidents

At our law firm, we are committed to providing exceptional support and guidance for victims of car accidents. A car accident can lead to various types of injuries, which often bear severe consequences for the victims. Some common injuries include:

• Brain Injuries: These are serious injuries that can result in long-term cognitive impairment, speech or language problems, emotional changes, and other life-altering consequences.
• Spinal Cord Injuries: Such injuries can lead to partial or complete paralysis. Depending on the severity and location of the injury, the victim could lose motion or sensation in certain parts of his body.
• Burn Injuries: Car accidents can cause burn injuries, which are often painful and require prolonged medical treatment. Severe burns can result in scarring, disfigurement, and infections.
• Broken Bones: Fractures are common in car accident victims. From simple to complex breaks, these injuries often require surgery to repair, followed by extensive physical therapy.
• Soft Tissue Injuries: One of the most common forms of soft tissue injuries is whiplash, an injury typically affecting the neck and surrounding tissues due to sudden, harsh movement. This can cause severe pain, limit mobility, and require time-consuming therapies for recovery.
• Lacerations: Car accidents often result in deep cuts or tears in the skin that may lead to scarring or other complications if not properly treated.

The aforementioned injuries can be debilitating and fatal in some cases. When fatalities occur due to car accidents, families may seek solace through wrongful death claims for their immeasurable loss. New Bedford Car Accident Lawyer Gary Pacella is knowledgeable and ready to navigate these complex issues with our clients as they seek justice and financial relief following a car accident.

Damages in Car Accident Cases

When you’re faced with a car accident incident, your pursuit for justice may entail seeking two main types of compensation: Economic Damages and Non-Economic Damages.

• Economic Damages: These are calculable losses that have direct financial implications. They include:
  • Medical bills: These are the costs that stem from hospital visits, medical treatments, medication, and any other health-related expenses incurred due to the accident.
  • Lost Income: When you miss work due to injury and recovery periods, you can claim the wages you would have earned during this time.
  • Future Treatment Costs: If the accident results in long-term or permanent injuries, the future medical costs form part of your compensation.
  • Lost Earning Capacity: If the accident has affected your ability to earn in the future, this falls under economic damages.
  • Property Damage: Any damage inflicted on your vehicle or property during the incident is taken into account during compensation.
• Non-Economic Damages: These are intangible losses that don’t have a direct economic impact but still have immense personal effects. They include:
  • Pain and Suffering: This refers to physical distress and mental anguish experienced due to the accident.
  • Loss of Consortium: If the accident has negatively impacted companionship with your spouse, you can claim compensation for loss of consortium.
  • Emotional Distress: If you suffer from anxiety, depression, or other emotional health issues post-accident, you’re entitled to compensation for these suffering as well.

Navigating through a car accident case may be complex, but with adept guidance, you can get the compensation you rightly deserve. New Bedford Car Accident Attorney Gary Pacella can assist with such matters.

Car Accident Statute of Limitations

Accidents on the road are a common occurrence, and with them comes the potential legal implications. One crucial piece of information you should be aware of as a victim of a car accident in Massachusetts is the statute of limitations, which refers to the timeframe within which you must initiate legal action against the party at fault. In the state of Massachusetts, this period is set to three years. This means, if you’ve been injured in a car crash or incurred property damage, you have exactly three years from the date of the accident to file a lawsuit.

It’s imperative to understand the significance of this legal statute as it holds immense bearing on your case. If the three-year window lapses before you file your claim, the Massachusetts court system will likely refuse to hear your case at any future date. Consequently, you could lose your right to any compensation for personal injuries or property damages you’ve suffered as a result of the accident.

New Bedford Car Accident Lawyer Gary Pacella has vast experience in handling car accident cases, emphasizes the importance of taking legal action promptly. Immediately following an accident, you might feel overwhelmed by physical pain, emotional stress, accumulating medical bills, and insurance complications. By seeking legal guidance promptly, you entrust to your legal team the responsibility of protecting your rights and navigating through this complex legal matter.

In a nutshell, the statute of limitations serves as a reminder of the swift legal action required in car accident cases. Embrace the opportunity you have to seek and secure justice within this allocated timeframe.

Insurance Claims in Car Accident Cases

In Massachusetts, car insurance operates on a no-fault model. This means that if you get into a car accident, your own insurance coverage pays for your injury-related medical bills up to a certain limit, regardless of who was at fault for the accident. Massachusetts law mandates that every vehicle operating in the state must carry a minimum liability insurance coverage. The predetermined amounts for this type of insurance include a minimum of $20,000 per person and $40,000 per accident for bodily injury to others, and $5,000 for property damage.

One vital segment of this insurance requirement is the uninsured motorist coverage, Massachusetts residents are required to carry this coverage. This coverage protects you if you’re involved in an accident with a driver who doesn’t have liability insurance or hit-and-run drivers. The minimum required amounts in this regard follow the same stipulation as the bodily injury coverage, which is set at $20,000 per person and $40,000 per accident.

There could be instances where uninsured or underinsured motorist coverage becomes essential, such as when you’re involved in an incident with a motorist who is inadequately covered, or a hit-and-run situation. Pursuing compensation under these situations can be challenging, but necessary to cover potential medical expenses or damages.

Lastly, in the sphere of insurance claims, the term ‘bad faith’ refers to an insurer’s intentional denial, delay, or reduction of a valid claim without a reasonable basis for doing so. This practice is unlawful and policyholders who fall victim to it can seek legal remedies, possibly recovering more than the original claim’s worth.

Settlements in Car Accident Cases

Navigating the aftermath of a car accident can be overwhelming, fraught with medical procedures, vehicle repairs, insurance adjustments, and more. Often, victims are presented with the option to settle their case outside of court. Essentially, this is an agreement between both parties to resolve the dispute without going to a trial. One of the primary advantages of opting for a settlement is the time-efficient nature of this process: it allows compensations to be delivered promptly, which can be a critical factor for many, considering the running medical bills and car repair expenses. However, the settlement amount may not always fully consider the long-term impact of any injuries sustained, potentially resulting in a lower amount than what might be awarded at a trial.

Moreover, agreeing to a settlement often comes with a contingent ‘release of claims’. This legal document forecloses the victim’s right to sue the at-fault party for the same accident in the future. It’s crucial to comprehend that once you sign this agreement, regardless of any future manifestations of accident-related injuries or costs, you cannot seek additional compensation. Hence, it’s paramount to deliberate properly before reaching any decisions. It’s here where our proficient law firm steps in. We have a committed team, well-versed in motor accident laws and ensuring compensation that covers all current and possible future expenses. We meticulously evaluate every detail pertaining to the case to provide sound advice, tailored to suit our clients’ individual circumstances and needs. With us, your legal concerns are in competent hands.

Let Us Help You Pursue Compensation

Car accidents involve more than just physical injuries and property damage; they invite a host of legal complexities and financial implications. Dealing with all these aspects alone might be overwhelming, and this is where we, the dedicated team at Pacella Law, P.C., step in. We possess a comprehensive understanding of the law and a robust familiarity with the intricacies of car accident cases. Our goal is to ensure that your rights are guarded, every legal angle is inspected, and the compensation you deserve for your loss is rightly secured. We strongly believe in open communication which is why we offer a free consultation to discuss your case, listen to your needs, dispel any doubts, and chart a personalized, effective path forward. We stand by you, making the complex process manageable, so that you can focus on recovery while we valiantly fight for your justice. Contact New Bedford Car Accident Lawyer Gary Pacella at (508) 525-4147 to schedule your free consultation today.