Automobile Crashes/Accidents

The lawyers at the Law Offices of Nugent & Nugent are experienced at handling car and other motor vehicle accident claims and cases. We have successfully handled complex cases from the insurance claims level through trial and appeal.

Determining who was at fault in an auto accident means figuring out who was negligent, and thus responsible for causing the accident. Failure to use reasonable care while operating a motor vehicle constitutes negligence. A finding of negligence is often based on:

Failure to obey traffic signs or signals
Failure to signal when turning
Careless driving
Failure to follow the speed limit
Driving a car under the influence of drugs and/or alcohol
Talking on a cell phone while driving
Texting while driving
Distracted driving
Car accidents caused by defective or recalled vehicles
Car accidents at dangerous intersections
School bus accidents
Violation of some other law
Auto accidents caused by drunk drivers may also lead to claims against bars for dram shop violations.

Collisions caused by a hit and run can still lead to claims, even if the driver of the car who caused the crash is not identified.

Car accidents can also result from a faulty construction of roads, tunnels, embankments, exits, and lighting. If the roadway is defectively designed or improperly constructed, the designers or builders may be liable for the personal injuries they cause. Builders can also be responsible for construction accidents to drivers, including roadway debris, inadequate safety, improper road markings, and loose construction materials.

While car crashes comprise a significant portion of personal injury and wrongful death claims, it would be wrong to think that they are always simple to resolve. They often involve extremely complex issues of evidence and insurance law, which is what the lawyers at the Law Offices of Nugent & Nugent specialize in.

If you have been injured in a car, truck, tractor-trailer, motorcycle or other motor vehicle accident as a driver, passenger, bicyclist or pedestrian, and it was the result of someone else’s negligence, you may be entitled to recover monetary damages for pain and suffering, payment or reimbursement of reasonable medical expenses incurred or which will be incurred in the future, and lost wages.

Brief Introduction to Massachusetts Insurance Law. What's Covered?

Medical Bills: In general, the first $2,000.00 in medical bills is paid by the Personal Injury Protection (PIP) insurance carrier of the car you were in or hit by. If you have private health care insurance, Massachusetts Law requires that medical bills in excess of $2,000.00 be submitted through your provider for payment. If you do not have private health care insurance, or if your health care insurance company refuses to pay your medical bills, you may be entitled to up to $8,000.00 in PIP medical coverage.

Lost Wages: If you lose money because of your inability to work due to your injuries, you may be entitled to collect 75% of your lost wages, based on your average weekly wage, from the PIP carrier, up to $8,000.00.

Bodily Injuries and Wrongful Death: If you have more than $2,000 in medical bills, a fracture, or any other serious injuries, you may be entitled to compensation for those injuries, including scarring, pain and suffering, permanent or partial disability, and loss of ability to enjoy life. Wrongful death claims are also compensable under Massachusetts motor vehicle laws.

Insufficient Insurance: If the person who caused your injuries has inadequate insurance or does not have insurance that will cover your damages, you may be entitled to collect uninsured or underinsured coverage from your own automobile policy or a family member’s automobile policy.

What to Do When You Have a Car Accident

If you have been involved in an automobile accident or have been injured as a pedestrian:

1. Obtain as much information as possible about the vehicles involved, as well as names, addresses, and telephone numbers for drivers.
2. Request the names, addresses, and telephone numbers of any witnesses.
3. Make sure police are aware of any traffic violations that the operator may have committed.
4. If you are injured, get medical attention as soon as possible.
5. Promptly notify your insurance company about the accident.
6. Obtain photographs of vehicles, injuries, and accident location.
7. Contact a lawyer promptly to determine your legal rights.