When a car crash occurs, especially a serious one, on top of dealing with injuries and issues of insurance, it can be difficult to understand or interpret state laws when it comes to civil lawsuits to recover damages for injuries you sustained. Prudent steps in the aftermath of a serious crash include filing an insurance claim. When filing a successful claim, one should consider when and how to file, how to prove the defendant was at fault and or negligent, and how to navigate potential defenses raised by the defendant.
A recent news report provided details about a serious and fatal Massachusetts crash that occurred in Brockton. The crash happened shortly before 8:30 p.m. Wednesday at the corner of Pleasant Street and Nye Avenue, according to the Brockton police. The collision involved pedestrians, vehicles, and motorcycles. One man died and four others were hurt following a series of collisions, first between a car and pedestrians, then between two motorcycles, and finally between a motorcycle and another car. Authorities believe that the initial collision triggered the second crash, which then caused the third accident to occur. The full cause of the accident is still under investigation by the police.
Following a car accident, in order to hold the other party liable for injuries and damage suffered as a result of the crash, it is the plaintiff’s burden to prove that the accident was caused through negligence by the defendant. In the state of Massachusetts, there is a no-fault system that requires filing insurance claims before pursuing legal damages against another party, so beginning that process is essential prior to the filing of any legal suits. Finally, it is important to bear in mind that the state of Massachusetts operates under the rule of modified comparative fault, which means that a plaintiff can only recover damages if the plaintiff is not more than 50 percent at fault for the accident. Further, the amount a plaintiff can be awarded can be reduced based on the degree of their fault. That is to say, if you are partially to blame for the accident, damages you won will be reduced in proportion to the percentage of your own negligence. That being said, if the jury determines that the plaintiff is above 50 percent at fault for the accident, the plaintiff will be barred from recovering damages.
What is the Statute of Limitation in Motorcycle and Car Accidents?
Yes, the statute of limitation for Massachusetts motorcycle and car accidents is three years. In other words, there is a three-year deadline for filing most car accident lawsuits in civil court. However, it is important to act on a claim earlier rather than later, as delays could decrease the chances of a successful claim. Waiting too long could make it difficult to locate witnesses and secure evidence that could be vital to proving a case.
Find the Right Help after a Massachusetts Car Accident
If you or someone you love has been injured or died in a Massachusetts motorcycle or car accident, let the attorneys at the Neumann Law Group help you recover the damages you deserve. Expenses and injuries from a motor vehicle accident can quickly become overwhelming, and having an experienced team of lawyers by your side can make all the difference. Our attorneys have successfully represented injury victims at every stage of the process, ensuring that they obtain the proper damages. With our team, you can have faith that your claim is being pursued properly. If you have questions about your case, call us today at 800-525-6386 and schedule a free and no-obligation initial consultation with a Massachusetts injury lawyer at our office.