Automobile Accidents

The Brockton auto accident attorneys of Sousa & Sousa are dedicated to defending victims injured in car accidents caused by the negligence of others. We have successfully handled all types of personal injury cases, recovering compensation for injured parties in Brockton and other areas of Massachusetts.

Automobile accidents are a common occurrence in Massachusetts and other states. In fact, car accidents are the leading cause of personal injury and death in the United States. Because of their frequency, Massachusetts state law requires drivers to carry auto insurance protecting drivers against liability for property damage and personal injury in a crash.

In a car accident, liability is based on basic principles of negligence. Negligence simply refers to the breach of a duty owed to another person. Applied to car accidents, negligence can mean violating basic traffic rules or failing to pay attention to the road. While accidents may happen for a number of reasons, single and multiple car collisions usually involve the fault of one driver. Common examples of car accidents caused by negligence include:

• Running a red light
• Weaving between lanes
• Failure to obey the speed limit
• Ignoring pedestrian crosswalks
• Rear-ending another vehicle
• Driving while talking or texting
• Forgetting to check your blind spot
• Using the bicycle lane to pass other cars

Under basic tort principles, drivers have a duty to safely operate their motor vehicles. When they drive recklessly or while intoxicated, harming others, the injured party has a viable claim for personal injury against the driver. This provides a legal recourse for victims to recover damages from negligent drivers and their insurers. Whether the victim is a pedestrian, cyclist, or other motorist, the negligent driver is liable for any injury that results.

If you have been injured in a motor vehicle accident in Massachusetts, you may be entitled to recover monetary damages for your bodily injury and pain and suffering if any of the following criteria are met:

You incur medical bills of $2,000.00 or more; you sustain a fracture of a bone or tooth; you suffer loss of hearing or permanent disfigurement/scarring; or the injury results in death. In addition, you may be entitled to personal injury protection benefits regardless of who was at fault. These benefits are commonly knows as “PIP” or “No-Fault” benefits. These benefits may provide up to $8,000.00 for your medical expenses and lost wages. Your PIP benefits may have to be coordinated with your private health insurance benefits and any wage continuation or disability pay you may have available. There may also be medical payment coverage available to pay for medical expenses.

In addition to receiving compensation from the person who was at fault, you may be entitled to underinsured motorist benefits from your own insurance company. Underinsured motorist benefits apply when the personal legally responsible for the accident does not have enough insurance to compensate you for your injuries. In the event you are injured in a hit and run accident or by an automobile that does not have insurance, you may be entitled to uninsured motorist benefits from your own insurance company. Underinsured and uninsured coverage is one of the most important coverages a person can have on their automobile and it is strongly recommended that you consult your insurance agent to determine whether or not you have adequate limits of coverage.

The General Laws of Massachusetts give injured parties a limited time to file claims for negligence. Tort actions to recover for personal injury must be commenced within three years after the cause of action accrues. That means injured victims have to act quickly, as soon as they have actual or “constructive” knowledge that the accident caused their injury. Any delay can result in the loss of important evidence and even bar your right to relief. Successful claimants are entitled to compensation for medical expenses, lost wages, and pain and suffering. A knowledgeable attorney can help you deal with claims adjusters and advocate on your behalf.

If you were injured in a car accident, the Brockton car accident lawyers at Sousa & Sousa can help you recover the compensation you deserve. We have a wealth of experience dealing with complex personal injury suits and have helped numerous victims throughout Massachusetts get back on their feet. Our firm practices only personal injury law and is committed to defending the rights of parties injured by the negligence of others. We know car accidents are traumatic and are here to provide you with the highest quality legal representation. For a free consultation call our Brockton/Easton office at 508-230-5300 or contact us online.