Three people, including a police officer, were injured in a three-vehicle crash in Boston late Wednesday night, officials said. Emergency crews responding to a report of a crash in the area of Dorchester Avenue and Park Street around 11:30 p.m. found three wrecked vehicles sprawled across the road, according to Boston EMS. The officer, as well as the two other victims, were all taken to a local hospital with non-life-threatening injuries, Boston police noted. EMS initially said that five people were transported.
How is liability determined in a Boston multiple-vehicle crash?
In a multiple-vehicle crash in Boston, liability is typically determined by examining the actions of each driver involved in the accident. Liability is determined based on the legal principle of negligence, which requires the plaintiff to prove the following elements:
Duty: The defendant owed a legal duty of care to the plaintiff.
Breach: The defendant breached their duty of care by failing to exercise reasonable care while operating their vehicle.
Causation: The defendant’s breach of duty caused the plaintiff’s injuries.
Damages: The plaintiff suffered damages as a result of the accident, such as medical bills, lost wages, pain and suffering, and other damages.
In a multiple-vehicle crash, liability may be apportioned among the drivers involved based on their degree of fault. This is known as comparative negligence. Massachusetts follows a modified comparative negligence rule, which means that a plaintiff can recover damages as long as they are less than 51% at fault for the accident.
To determine liability in a multiple-vehicle crash, the following factors may be considered:
Traffic laws: Violations of traffic laws, such as running a red light or stop sign, may be used to establish liability.
Eyewitness testimony: Eyewitness testimony can help establish liability by providing details about the events leading up to the accident.
Accident reconstruction: Accident reconstruction experts may be used to help determine how the accident occurred and who is at fault.
Police reports: Police reports can provide important information about the accident, such as the location, time, and weather conditions.
Overall, liability in a multiple-vehicle crash in Boston is determined by examining the actions of each driver involved in the accident and apportioning fault based on their degree of negligence. It’s important to work with an experienced car accident lawyer who can help you build a strong case and fight for the compensation you deserve.
How are damages calculated?
In Boston, accident damages are calculated based on the following factors:
Medical expenses: This includes the cost of medical treatment related to the accident, such as emergency room visits, hospital stays, surgeries, and ongoing medical care.
Lost wages: This includes any income that was lost as a result of the accident, such as missed work days or reduced earning capacity due to injuries.
Property damage: This includes the cost of repairing or replacing any property that was damaged in the accident, such as your car or personal belongings.
Pain and suffering: This includes the physical pain, emotional distress, and other non-economic losses that you experienced as a result of the accident.
Calculating damages can be a complex process, and it’s important to work with an experienced car accident lawyer who can help you accurately calculate your damages and fight for the compensation you deserve. Your lawyer may work with experts, such as medical professionals and economists, to help determine the full extent of your damages.
How are pain and suffering damages calculated in Massachusetts?
Unlike economic damages, such as medical bills and lost wages, pain and suffering damages are subjective and can be difficult to quantify.
There are several methods that may be used to calculate pain and suffering damages in Massachusetts, including:
Multiplier method: This method involves multiplying the plaintiff’s economic damages (such as medical bills and lost wages) by a certain factor, typically between 1.5 and 5, depending on the severity of the injuries and the impact on the plaintiff’s life.
Per diem method: This method involves assigning a certain dollar amount to each day the plaintiff has suffered since the accident and continuing into the future. This amount may be based on the plaintiff’s daily income, the cost of medical treatment, or other factors.
Comparative analysis: This method involves comparing the plaintiff’s injuries and the impact on their life to similar cases that have been litigated in Massachusetts or other jurisdictions.
Expert testimony: An expert witness, such as a medical professional or economist, may be called to testify about the plaintiff’s injuries and the impact on their life, which can help to establish the value of pain and suffering damages.
Are accident damages capped in Massachusetts?
There is no overall cap on accident damages in Massachusetts, which means that there is no limit to the amount of compensation a plaintiff can recover for their injuries and losses resulting from an accident. However, certain types of damages may be subject to limitations or caps under Massachusetts law.
For example, in Massachusetts, there is a $2 million cap on non-economic damages in medical malpractice cases. Non-economic damages include things like pain and suffering, emotional distress, and loss of enjoyment of life.
In addition, under Massachusetts law, if the plaintiff was not wearing a seat belt at the time of the accident and their injuries were caused or worsened as a result, their damages may be reduced by up to 15%.
Overall, while there is no overall cap on accident damages in Massachusetts, it’s important to work with an experienced car accident lawyer who can help you understand the relevant laws and fight for the full compensation you deserve.
Have you been recently injured in a car accident in the Boston area?
Don’t waste any time and contact a reliable attorney at the Neumann Law Group. Our attorneys have many years of experience in personal injury and wrongful death cases. Through our dedicated representation of car accident victims and their families, we will help you win the damages you are entitled to. To schedule a free initial consultation, call our toll-free number at 800-525-6386.