Even with today’s improved safety equipment in vehicles, car, SUV, minivan and pickup truck accidents can have a devastating impact. Whether you’re the driver, passenger, bystander or pedestrian, in an instant you could be seriously injured or incapacitated due to another person’s negligence or recklessness. Examples of negligence include: failure to signal a turn, observe a stop sign, yield the right of way, obey a speed limit, or driving while under the influence of alcohol or drugs. Additionally, the widespread use of cell phones for phone calls and text messaging, distracted operation of car radios, iPods, and other digital devices, even the use of laptop computers while driving can all be contributing factors in vehicle crashes.

No matter if your accident involved a compact car, sedan, SUV, light truck, motorcycle, tractor-trailer or any other vehicle, if the other driver was negligent then there is liability. Determining who is at fault in an accident is usually the primary factor in the outcome of insurance claims and/or lawsuits. Even road designers and builders could be held liable for accident damage if, for example, there was an obstruction or other road hazard, a faultily designed roadway or exit, or a lack of proper lighting or signage. In drunk driving cases, liability is sometime assigned according to “dram shop” laws that apply if a liquor (package) store or bar knowingly sold alcohol to a visibly intoxicated customer. If you can prove that another driver behaved irresponsibly, then his or her insurance company will pay up to that person’s coverage limit, above which the person themselves is responsible.

The results of serious auto accidents are well known, including fatalities or severe injuries to the face, head, arms, legs, back, and neck. Types of injuries include lacerations, scrapes, fractures, contusions, concussions, severed limbs, punctured lungs and internal organ and brain injuries. Pain from whiplash and other spine / spinal cord injuries – such as lumbar or lower back sprains – is also very common after an auto accident. Some injuries can take a few days before the pain and/or disability symptoms start (typically, after the adrenaline or endorphins have subsided), which can make such injuries more difficult to diagnose.

Victims of car crashes are entitled to compensation – including monetary damages for pain or suffering, reasonable medical expenses (both current and- in the case of serious injury, future), and lost wages. There are called “actual damages”, such as lost paychecks and medical treatment costs, and “moral damages”, such as pain and suffering. Insurance settlements and payments are often inadequate to cover the real-world costs of the damages, or compensate victims for their trauma, loss of work, and lifestyle disruption. Payments through Personal Injury Protection (PIP) in Massachusetts usually covers only the first $2,000 of medical bills, although it sometimes can be extended to as much as $8,000. In the event of a severe accident, of course, such amounts are inadequate to cover the amount of lost income and medical bills.

Auto accident claims can be complicated and tricky – especially when there are multiple victims involved – and there are pitfalls that are critical to avoid, such as making statements to an insurance company without your lawyer’s consent or presence. Many victims recover only a fraction of what they’re rightfully owed, especially if they accept an insurance company’s first offer, so beware of legal waivers and quick cash settlements.

It is always crucial to have a trained, experienced personal injury attorney by your side through the difficult process of filing and pursuing car accident claims. At the Law Offices of Sean J. Cleary we have over 15 years of experience in handling these claims and cases in Western Massachusetts, and we will work diligently to ensure that you get the compensation and justice you deserve, whether it be via insurance claims, or litigation. Our office provides professional service with the personal touch, with every case directly handled or supervised by Attorney Cleary.

If you or a loved one have sustained injuries or serious vehicular damage in a car or other motor vehicle accident, call us today and we will set up a free, no-obligation introductory consultation at our office in Amherst, MA. We operate strictly on a “no-recovery-no-fee” basis, where we get paid only if we are successful at recovering money damages for you. We care, and we’re here to help you cope with the complexities of an auto accident claim. If you have difficulty coming to our office, we are glad to meet at your home, office, hospital or convalescent facility. When you need a thoughtful, caring, and well-seasoned personal injury lawyer, the Law Office of Sean J. Cleary is here to serve you.