The Weymouth personal injury lawyers at Curran & Desharnais, P.C. handle serious car accident claims including claims for head-on collisions, motorcycle accidents, wrongful death lawsuits, hit and run accidents and more. Our attorneys are available 24/7 to help you with a free consultation. Call us today at 781-277-3262 to discuss your claim. There is no risk and we do not receive compensation unless we are successful in obtaining a settlement or an award on your behalf.The Dangers of Head-On Collisions
Head-on collisions are one of the most dangerous types of car crashes that can happen on the roadways and typically result in extensive damage and injuries. A head-on collision usually occurs when one driver crosses over the center dividing line or median and crashes into a vehicle coming from the opposite direction.
According to the Insurance Institute for Highway Safety (IIHS), vehicle crashes accounted for over 35,092 deaths in the U.S. in 2015. According to reports, this figure is up 7.2 percent since 2014. The Federal Highway Administration has attempted to look at locations and situations where head-on collisions are most likely to occur. Out of 110 crashes, researchers discovered that approximately 71 out of 110 crashed occurred on the highway such as a driver who got on the wrong exit ramp. For example, a driver looking to get on the highway at night might not notice a “wrong way” sign posted on or near the highway ramp, causing the driver to accidently enter the wrong on-ramp where other vehicle are looking to exit the highway.
Distracted or impaired driving such as texting or operating a vehicle while intoxicated also contributed to the number of fatal crash incidents. Old age or trouble seeing road signs is another factor that has contributed to the number of head-on collisions. Head-on collisions were also found to occur more frequently on rural roads where visibility may be low and roads tend to be narrower.
According to statistics published by the Massachusetts Executive Office of Public Safety and Security, there were 108,379 motor vehicle crashes and collisions in 2012 alone with 349 of those crashes resulting in death and 4,384 resulting in serious injuries.Winning Your Personal Injury Case
One of the first steps in any motor vehicle accident case is finding out who is at fault (i.e. negligent). Massachusetts law requires that a driver must use caution and must maintain control of his or her vehicle at all times. If a driver fails to use reasonable care while driving a motor vehicle, he or she may be found liable for any injuries or damages that may result. Examples of negligent conduct that could subject a driver to liability include:
- Not using turn signals when turning
- Drunk driving
- Reckless driving
- Failing to obey rules of the road
- Texting while driving
- Failing to yield the right of way
Medical Bills: Usually, the first $2,000.00 in medical bills including any x-ray tests, ER bills, chiropractic bills or other medical care is paid by what’s called Personal Injury Protection (PIP) insurance which is provided through your own vehicle insurer. If you have private health care insurance, Massachusetts Law requires that medical bills in excess of $2,000.00 be submitted through your health insurance 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. This does NOT mean that you are suing your own insurance carrier. This is simply to allow for your up-front medical bills to be paid immediately while you pursue a claim against the at-fault driver for your injuries and losses.
Lost Wages: If you have not been able to work because you have been injured, you may be entitled to collect up to 75% of your lost wages. This is calculated based on your average weekly wages.
Insufficient Insurance: Some people think that if they are involved in accident with a driver who is not insured they cannot recover for their injuries. This is not the case. Collisions caused by “uninsured” or “hit and run drivers” can still lead to claims, even if the driver of the car who caused the crash is not identified. If the person who caused your injuries cannot be identified, or the person does not have insurance to 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. This coverage is usually optional and depending on the type of insurance policy you purchased, you may or may not have this coverage. Because Massachusetts law only requires that drivers have up to $20,000 in minimum coverage for injuries caused to others, it is highly recommended that you look into purchasing what is called “under insurance” and “uninsured” coverage, which is designed to provide coverage for situations where the other driver is either “underinsured” or worse “uninsured” for the accident and any injuries he or she may have caused.What Is the Statute of Limitations for Car Accident Claim?
Under Massachusetts law, any claim for damages or injuries caused by an auto accident must be brought within three (3) years of the date of the crash which caused the injury. This is known as the Statute of Limitations. Failure to file a lawsuit within the three (3) year statute of limitations may result in the case being dismissed.How Much Can I Recover for My Auto Accident?
The amount of any potential settlement, or case “value” will depend on a number of factors including the severity of any injuries, the length and type of treatment required, the amount of any medical bills that have been incurred, and the degree of any future impairment or disability that was caused by the collision. This is often just a starting point and other factors such as the value of any loss of wages or loss of earning capacity and/or the need for future treatment will be factored into any analysis. Also, if you have been unable to resume your normal activities such as exercising, or caring for a loved one, these are other forms of damages that must be taken into account. If you have experienced emotional distress, this would be another factor that would be applied to any potential settlement analysis.Hiring a Head-On Collision Lawyer
Car accidents or head-on collisions are serious matters and require legal representation to fully protect your rights. Because immediate action may be required to preserve all of your rights, it is important to hire an experienced car accident attorney to evaluate and handle your case.
If you feel you have a car accident case, it is vital that you act immediately to protect your rights. Please call us at 781-277-3262, or use our contact form to send us an e-mail. Get your FREE legal consultation today with Curran & Desharnais, P.C.
Curran & Desharnais represents victims of head-on collisions and car crashes all over Massachusetts including Weymouth, Quincy, Boston, Dorchester, Braintree, Milton, Canton, Dedham, Randolph, Norwood, Taunton, Avon, Westwood, Hingham, Norwell, Scituate, Cohasset, Rockland, Plymouth, Hanover, Kingston, Duxbury, Pembroke, Brockton, Bridgewater, Whitman, Hanson and else ware.