A Boston car accident attorney is prepared to represent those harmed by the negligent conduct of another driver. Recently, 1o people suffered injuries when a taxi driver plowed into them outside Logan International Airport. According to a news report, the incident reflected driver error, rather than terrorist intentions. The driver mentioned that instead of hitting the brake, he accidentally accelerated into the victims. The victims were mostly other taxi drivers, who had taken a break to socialize.
While in this case, the at-fault driver admitted that he had erred, in some car accident lawsuits, the victims will have to prove liability, or legal fault, in order to recover damages in a personal injury claim. In the case of the taxi driver, he admitted that he had not intended to crash into the victims. Nevertheless, the victims have the right to pursue legal damages against him for their injuries and medical costs.
Proving fault in a car accident, according to Massachusetts law, often requires showing that the other driver was negligent. Negligence is a failure to meet a legal duty of care. All drivers owe others the duty to avoid foreseeable harm and to operate their vehicle as other drivers would under similar circumstances. To successfully show negligence, the plaintiff would show that the defendant driver breached their duty of care, and this breach directly caused the plaintiff’s injuries.
The facts must be considered when a victim asserts a legal claim of negligence against another driver. For example, in the taxi cab accident, one of the victims may find, after investigation, that the driver had been excessively tired and had not taken mandated rest breaks. Perhaps he had been speeding at the time of the accident. Negligence can take many forms and does not require showing that the at-fault driver intended harm. Again, the important elements of a negligence claim center on a breached duty of care that directly caused the accident and the resulting harm.
The types of damages that an accident victim may recover in a legal claim, after proving the legal fault of a driver for causing an accident, are called compensatory damages. These include both economic and non-economic harm, and they are intended to put the victim in the position in which they would be had the accident not occurred. A victim can set forth their damages for medical costs, missed wages from work, and property damage. Additionally, they can potentially recover non-economic damages, such as emotional pain and suffering and a decreased quality of life.
Boston car accident lawyer Michael O. Smith advocates for car accident victims and their families throughout the Commonwealth, providing experienced legal representation and guidance. For over 15 years, Mr. Smith has investigated, negotiated, and litigated in order to pursue the full extent of damages on behalf of clients. To schedule a free consultation, with no obligation, call the office at (617) 263-0060 or reach us online.
More Blog Posts:
Seeking Monetary Damages after a Boston Rear-End Vehicle Collision, Boston Car Accident Attorney News, June 27, 2017
Car Accidents Cause High Number of Child Deaths; Massachusetts Comparative Negligence Law May Reduce Recovery When Seat Belts Not Used, Boston Car Accident Attorney News, June 13, 2017