Posts tagged with "car accident injuries"

2 men looking at car accident damage

Injured by an Uninsured Driver – What’s Next?

Being in a motor vehicle accident can be a stressful and traumatic experience. The first and most immediate concern is, of course, ensuring that any injuries suffered by the driver and passengers are treated. But regardless of whether the accident was serious or just a minor fender bender, at some point, the insurance companies get involved.

Under normal circumstances, if there is a clear case of who was at fault, then the responsible party’s insurance company will end up footing the bill for the accident and additional resulting expenditures. In some cases, if the insurance claims adjusters are offering a seemingly unfair amount, you may want to retain a personal injury attorney to help settle the case and ensure just compensation.

But what happens if you are in an accident with an uninsured driver? You certainly can’t file a claim with the negligent party’s insurance company if that person has no insurance, but there is no reason you should have to handle the financial costs on your own, no matter how minor or huge.

Of course, in most states, including Massachusetts, automobiles are required to have insurance, but many people still manage to drive without it. This could be because they have allowed their insurance to lapse or they simply never acquired any in the first place. Regardless, if a negligent party was at fault for an accident, you are entitled to compensation, and there are steps you can take when dealing with a driver who does not have insurance.

What to do when you are injured by an uninsured driver

Many of the initial steps that you would follow when in an accident caused by an uninsured driver in Massachusetts are the same as what you would do if the driver was insured. First, call the police. You will want an accident report, as it can help you with a personal injury claim later on. Besides, the individual driving without insurance was also breaking the law.

Even if the driver doesn’t have insurance coverage of any type, that person may still be liable for paying for some of the damage to your car out of his or her own personal assets due to at-fault laws. The police report will be an important document in determining fault.

Get all the information you can

Make a note of the driver’s contact information, the license plate number on the car, and the car make and model. Write down all the details of the accident while they are still fresh in your mind. And even though the information may be on the police report, it is a good idea for you get the contact information of any witnesses as well.

Additionally, use your cellphone to take pictures of both cars and the area where the accident happened so that you can better describe the details to a personal injury attorney.

Call your insurance company

It is always important to call your insurance company in a timely manner. Some policies may have a time limit on how long you have to make a claim. Additionally, you may want to consider adding uninsured or underinsured motorist coverage to your policy. This protects you in case of an accident with an uninsured driver. And since Massachusetts doesn’t require a high amount of coverage for drivers, the insurance will also protect you if the negligent driver is underinsured — that is, doesn’t have enough coverage to adequately compensate you for damages and injuries.

If you don’t have uninsured or underinsured motorist coverage, you may have a collision or personal injury protection part of your policy that provides compensation for your medical bills in addition to the damage to your car. It is always wise to know everything your insurance policy covers so that there are no surprises after an unfortunate accident.

Call a personal injury attorney

If, after speaking with your insurance agent, you have been left without a means of compensation for the damages and injuries you’ve suffered, it would be a good idea to contact a personal injury attorney in Massachusetts. An experienced personal injury lawyer will be able to help you file a claim with your insurance company against the negligent driver and attempt to recoup monetary compensation from the driver’s personal assets.

Recovering funds may be difficult, especially if the negligent driver doesn’t have much in the way of personal assets. However, there may be other avenues that can be pursued. The driver might actually have insurance coverage under someone else’s policy, or more than one party may be responsible for the car accident, leaving you other options to pursue a personal injury lawsuit.

Contact Us

An experienced personal injury attorney in Massachusetts can help research and discover all possible avenues leading to potential sources of compensation. At the Boston law firm of Colucci Colucci Marcus & Flavin, PC, our attorneys help clients recover the maximum possible compensation for their injuries. For a free initial consultation with one of our professional and experienced personal injury lawyers, call (617) 698-6000, or contact us online via our email form.

Texting and Driving Dangerous and Illegal

Texting and Driving: Dangerous and Illegal

While it is safe to say that everybody knows that using a mobile device for texting while driving an automobile or other vehicle is illegal, thousands still engage in the act every day. In fact, current statistics state that at any given time in America, nearly 700,000 drivers are using cell phones or electronic devices while driving.

Texting while driving falls under the Distracted Driving umbrella, and is the cause of over 1,000 daily accidents resulting in injuries and unnecessary and unfortunate deaths. So why is it that even when everyone knows that texting while driving is dangerous and illegal, drivers still do it? Most likely because the majority of people who text or use mobile devices while driving do not realize the inherent dangers.

Additionally, the majority of those texting while driving are younger drivers; teens and those in early to mid-twenties. This generation typically rationalizes that they won’t get in an accident. Even powerful statistics, such as the one that states nearly 3,500 people were killed in distracted driving accidents in 2015, seem to have little power to sway those who regularly text and drive.


A Loss of Focus

Distracted driving is not a new term—it essentially refers to any activity that diverts a driver’s focus from the road and other drivers and objects around them. Before rampant cellular phone use, distracted driving could have referred to eating while driving, applying one’s makeup, adjusting the car radio, fiddling with a GPS or turning one’s focus away from the road to speak to passengers.

Any of the above activities is an unsafe distraction, but in recent years, it has been determined that texting while driving is actually the most unsafe and dangerous driving distraction of all. What people don’t seem to realize is how far they actually travel along the road while sending or reading a text for just a few seconds. Traveling at 55 mph for only 5 seconds, a driver can traverse the length of a football field. Distracted driving is the equivalent of driving with your eyes closed, and driving across an entire football field with your eyes closed provides lots of opportunity for accidents.


Texting While Driving: Illegal in Massachusetts

Some states have banned all cell phone use while driving. In Massachusetts, it is not illegal for drivers to use their cell phones to make and receive calls while driving, although hands-free devices are preferred. However, texting while driving is strictly prohibited. Additionally, junior operators of a vehicle are prohibited from using mobile devices or other handheld electronic devices at all, except for navigation systems and emergency assistance controls. Bus drivers are also prohibited from using mobile phones completely while driving.

Massachusetts State Law will levy fines for the first and additional repeated offenses, and junior operators will also have their license suspended for a period of time. And because the texting while driving law in Massachusetts is considered a “primary law”, a police officer can pull you over simply for witnessing or appearing to witness texting while driving. The act is also completely illegal even if the car is stopped in traffic, so it is both a wise and safe idea to simply wait until some point that you can pull over and stop the car to read or send messages.


Practicing Safe Driving in the Cell Phone Age

No one can deny that cell phones are a major part of our lives, and we are all guilty of interrupted anything we might be doing to glance at our mobile devices whenever we hear those telltale tones indicating a call, email or text message alert. But the one place where you need to strive to avoid cell phone use is behind the wheel of a car.

In fact, in April 2017, National Distracted Driving Awareness Month was declared, and a “Drive Present” campaign was launched, focusing on teaching drivers to be more engaged in the driving moment, and less distracted by other actions and objects, especially mobile phones.

In order to cut down on accidents, injuries and fatalities related to distracted driving, and more specifically texting while driving, drivers are encouraged to follow certain guidelines when getting behind the wheel of a car.

  • First and foremost, the best thing to do is to simply turn off the phone when driving, or at the very least, turn the sound off so that you aren’t distracted by any tones that alert you.
  • If you are expecting emails, texts or phone calls, then when you do receive them — find a place to pull over. It will only take a few minutes of your time to pull over and review and send any messages, while it only takes a few seconds to wind up in an accident resulting in injuries or death.
  • If you are driving with a passenger, ask them to handle any messaging for you so that you can continue to focus on the road.
  • Because many often use their mobile phones as a GPS navigator as well, prepare your maps and directions before you start driving, or, if possible, use the phone voice commands to get directions, rather than using your hands.

Remember, anything that takes your eyes and concentration from the road, pedestrians and other drivers is a potential hazard. It simply isn’t worth it to risk your life and the lives of others to answer a text that can certainly wait.


We can help

Have you or a loved one been injured by a distracted driver? Give us a call at 1 (888) 330-6657 or contact us and we can talk to you about your rights and possible next steps.

How 3D videos help us win cases

We’re a high-tech law firm. We love embracing new approaches to help our clients. For example, we have an impressive law library in the Milton office that is collecting dust because we find it so much more effective to use online databases.

When we’re representing someone who has been hurt in an accident, the details of the case can be complex and may be difficult for judges and other members of the court to understand. We want to make sure the narrative they receive isn’t just clear, but unmistakable.

With 3D Videos, we win cases!

That’s why we embrace the use of 3D videos to recreate what happened. After gathering all the facts with our relentless attention to detail, these 3D animated videos let anyone viewing them see just how egregious the behavior of the negligent party was in a way that mere words can not convey.

In some cases we’ve incorporated surveillance footage into the video presentation and use the CGI animated sections to flesh out the parts that aren’t captured, or when important details need to be seen from another angle.

We have some additional techniques that we use in the videos that no other firms are doing in the greater Boston area, but we don’t want to give away all of our secrets here. Give us a call at 617-698-6000 if you’d like to learn more.