Rear End Collisions
If you have been involved in a rear end collision, you may receive serious injuries which may require costly medical treatment and hospitalizations. You may also experience a loss of wages because of your injuries and you may not be able to return to work. At-fault drivers should not talk with their insurer before consulting an attorney of their own. Insurance Companies will often try to shift blame to reduce their liability and the amount that they must pay on your behalf. New Bedford car accident Attorney Gary Pacella can provide the personal experience and knowledge to represent victims in personal injury accidents.After a Car Accident Explore Your Options and Contact a Qualified New Bedford Lawyer
Massachusetts is a no-fault car accident state. What does that mean, after a car accident you need to file a claim under your own personal injury protection coverage to get compensation for medical bills and other financial losses. That is regardless of who caused the accident. Only if your injury claim meets certain pre-requisites can you bring a claim outside of your No-Fault Insurance policy and bring a claim directly against the at fault driver.
Massachusetts Car Accident statute of limitation is a time limit on your ability to bring a personal injury lawsuit. In Massachusetts the statute of limitations for which a lawsuit may be brought is three (3) years from the date of the accident. Unless you bring your lawsuit within that three-year period, the courts most likely will dismiss your case, unless some rear exception applies to extend the deadline. Call New Bedford Car Accident Lawyer Gary Pacella.
Massachusetts is a Comparative Negligence state. What this means is if the other driver is found to be 100 percent at fault, the other driver through their insurance carrier will pay to compensate you for medical bills, lost wages and other losses that may occur. Since Massachusetts follows the Modified Comparative Fault rule, when both parties are found to share the blame for an accident, the Jury at trial is asked to calculate the damages which are assigned to the Defendant and damages assigned to the Plaintiff in awarding damages. In Massachusetts in-order for the Plaintiff to prevail his or her negligence must be 50 percent or less in order to receive compensation from the Defendant. If the Plaintiff is found to be more than 50 percent at fault, then the Plaintiff receives nothing.
In a Rear-End Collision where someone hits you from behind it is usually never your fault. It does not matter why you stopped. In a rear end collision the rules of the road require that your vehicle is traveling at a safe distance and speed, so as to ensure that you leave enough stopping distance between your car and the car in front of you, to insure you have room to stop safely to avoid an accident.
It is presumed that if you rear-end another vehicle, you were not traveling a safe distance and or speed from the car in front of you and you will be found to be at fault.
However, it is important to note, in rear-end collision cases your own negligence my result in a reduction in an award as a result of Comparative negligence under Massachusetts law. It is very important to contact a New Bedford Attorney before speaking with any insurance company. Contact New Bedford Car Accident Lawyer Gary Pacella at (508) 525-4147 for your Free Consultation!