Boston Rear-End Accident Lawyers
Fighting for the compensation our clients deserve
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A rear-end collision is one of the most common types of motor vehicle accidents. While these wrecks may seem relatively minor, they can leave victims with serious and even life-threatening injuries. You could incur a number of losses, such as medical bills and missed time from work.
The good news is that you do have the right to seek compensation for your injuries. It starts with retaining a law firm that understands what is at stake for you and how to make a case for the full value of your damages. Find out why Boston car crash victims count on Santoro & Gray.
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How Santoro & Gray can help you
- How we help Boston rear-end car accident victims
- Why do rear-end accidents happen in Boston?
- Common injuries from rear-end collisions
- Who is at fault for rear-end collisions?
- We have a Boston accident attorney near you
- Boston rear-end accident attorney frequently asked questions
- Contact our Boston rear-end accident lawyers
Being in a rear-end collision is more than an annoyance. For many victims, it can mean significant and painful injuries requiring hospitalization and months of recovery. These victims may miss work and find themselves unable to provide for their families. Still other victims become permanently disabled and can never work again.
The main thing that every victim wants is to get their life back to normal. Although hiring a law firm cannot undo what happened to you, it can restore you as close as practically possible to the condition you were in before the wreck. Santoro & Gray is proud to serve Boston rear-end car accident victims by:
- Investigating how the accident happened and gathering evidence of negligence
- Identifying all at-fault parties, which may include more than just the driver who hit you
- Calculating a fair dollar value for your current and estimated future damages
- Handling all communications with the insurance company to try to settle your case
- Representing you in mediation to attempt to reach an out-of-court settlement
- Trying your case in court if the at-fault party and their insurance company negotiate in bad faith or we can’t reach a fair settlement
Our firm has secured numerous settlements and verdicts in a variety of personal injury cases, including car accidents. And while past results do not guarantee future outcomes, they do speak to the level of professionalism and dedication you can expect from Santoro & Gray.
Understanding how your accident occurred is a crucial first step in claiming compensation. It will be your responsibility, as the victim, to substantiate your claim with evidence. It therefore helps to know some of the most common reasons rear-end collisions occur, such as:
- Distracted driving: Anything that takes a driver’s focus away from the road may be a distraction, with cell phone usage being a prime example. The driver behind may not be paying attention and slam right into the car ahead.
- Tailgating (following too closely): Another common cause is following the car ahead too closely. Failing to leave enough space between your car and the one in front of you makes it much more difficult to slow down if the vehicle suddenly stops.
- Speeding and other irresponsible behaviors: Speeding also makes it much harder to stop in time. Other forms of bad driving like aggressive driving or a sudden lane change can also trigger a collision.
- Sudden changes in traffic: Boston is no stranger to traffic congestion, but every driver should be prepared to adjust accordingly. Failing to account for sudden gridlock and other changes increases the risk of a rear-end collision.
- Impaired driving: Anyone who is impaired by drugs or alcohol will have delayed reaction time and poor vision. Together, they are a dangerous combination. Impaired drivers often travel at high speeds before crashing, which can lead to critical injuries.
- Drowsy driving: Also known as fatigued driving, this is similar to driving while impaired(opens in new tab). For example, driving after being awake for 17 hours is comparable to driving with a .05 blood alcohol content (BAC).
- Road conditions: Potholes, faded lane markings, malfunctioning traffic signals, and missing road signs are examples of poor road conditions. These problems often point to negligence on the part of state or local government entities, or road construction crews.
- Weather conditions: Snow, fog, and heavy rain make visibility more limited and driving more difficult. As with heavy traffic, failure to adjust one’s driving to these conditions can have disastrous results.
- Multi-vehicle accidents: Some rear-end collisions result from chain reaction accidents involving multiple vehicles. The question of fault in these cases is complicated, and you may need the assistance of an expert witness, like an accident reconstructionist.
- Vehicle problems: Not all rear-end accidents are due to bad drivers. Defects with one of the vehicles involved in a crash or one of its components, like the braking system, may have played a role.
You should have a doctor examine you right away after being in a rear-end accident. Some injuries are not readily apparent, while others start out mild and become more severe. No matter how minor you think your accident was, let a doctor check your condition.
Victims of rear-end collisions often report these injuries:
- Whiplash: Whiplash results from the violent back and forth motion that drivers often experience in these accidents, similar to the cracking of a whip. Some common symptoms are neck pain, stiffness, headaches, and limited range of motion.
- Back injuries: You may experience strained muscles, herniated discs, bulging discs, and other injuries to your back. Many victims report chronic pain in their backs long after the accident, which can affect their lives in many ways.
- Spinal cord injuries: Damage to the spinal cord may lead to partial or complete paralysis. The accident victim may never be able to walk or work again if the accident is severe enough.
- Traumatic brain injury (TBI): A TBI is not simply a head injury(opens in new tab). Although milder forms of it may cause temporary problems, a severe TBI can lead to cognitive disorders, personality changes, and disruptions to normal brain functioning.
- Broken bones: Any part of your body is susceptible to broken bones, including your arms, legs, ribs, and face. Bone fractures are often painful and require extensive recovery, limiting the victim’s movement and daily routines.
- Internal injuries: Higher-speed crashes in particular, including those from behind, can cause life-threatening internal organ damage and bleeding. These are not always easy to detect, so be sure you see a doctor after an accident.
- Psychological injuries: Not everyone considers the psychological injuries that stem from these car crashes. Anxiety, depression, sleep disorders, and post-traumatic stress disorder are surprisingly common problems for victims.
For Massachusetts insurance purposes, the rear driver is typically presumed to be more than 50% at fault(opens in new tab), although evidence may overcome that presumption. That’s because many of these accidents result from distracted driving, following too closely, and other negligent actions attributable to the driver who hits from behind. However, this is not to say that the rear driver is always liable.
These are some situations in which the front driver might be responsible:
- The driver cuts in front of someone who hits them from behind
- “Brake-checking,” the practice of deliberately hitting the brakes to try to cause a rear-end accident
- Stopping illegally or unnecessarily on a busy road or travel lane
- Not having working brake lights that could have warned the rear driver to slow down
- Backing into a vehicle
In many cases, the question of fault does not have a clear answer. The victim can share some liability due to actions like those above. If this is true, comparative negligence may apply to the case. This is a legal doctrine that allows the victim to still claim damages as long as they are not more than 50% at fault for the accident.
The victim’s damages would be reduced by the percentage of fault attributed to them. For example, if the driver in front (the victim of the rear-end accident) was 30% liable, and their damages would have been $100,000, this amount is then lowered by 30% ($30,000), resulting in a total of $70,000.
Comparative negligence allows the at-fault party to argue that the victim shares responsibility for the accident. Our attorneys are prepared to push back and contest any attempt to do so.
Located in Boston’s historic Back Bay neighborhood, Santoro & Gray is ready to assist you after a rear-end accident. Our address is 131 Dartmouth St, 3rd Floor, Boston, MA 02116, beside Back Bay Station. We are only a short walking distance from such landmarks as the Boston Public Library, Copley Square, and the John Hancock Tower.
There are several transportation options to reach us, such as the MBTA subway (Orange Line), commuter rail lines stopping at Back Bay Station, and highway access from I-90. If you are driving, our building has an on-site parking garage with over 700 spaces.
Can I file a lawsuit for my personal injury and lost income?
Since Massachusetts is a no-fault state, a rear-end accident victim will usually first seek benefits under applicable Personal Injury Protection (PIP) coverage. PIP may pay reasonable medical expenses and a portion of lost income, subject to statutory limits and requirements, regardless of fault. However, you may also be able to step outside this system and file a personal injury lawsuit.
To recover pain-and-suffering damages, you must show that you either incurred more than $2,000 in accident-related reasonable and necessary medical expenses or suffered an injury covered by a statutory exception. These exceptions include a bone fracture, qualifying loss of eyesight or hearing, or permanent and serious disfigurement, among other injuries.
Why would I want to file a lawsuit?
PIP is limited and generally only pays a certain amount for medical bills, lost income, and certain out-of-pocket expenses. You cannot use PIP to cover non-economic damages like pain and suffering or loss of consortium. However, if you meet the above criteria for recovering pain-and-suffering damages, you may be able to recover these and other damages.
What should I do after being in a rear-end collision?
Many accident victims make the mistake of thinking they weren’t injured or seriously injured. But even a low-speed crash can cause latent injuries that don’t show up right away. For this reason, and to protect your legal rights, you should see a doctor immediately.
You should call 911 and report the accident so police can respond and document the crash. If the accident causes injury, death or more than $1,000 in damage to any one vehicle or other property, Massachusetts generally requires the operator to submit a crash report within five days. You should gather other evidence like pictures, videos, and the names and contact information of witnesses.
Lastly, call an experienced car accident attorney to guide you on additional steps. Your lawyer can help with filing an insurance claim and, if applicable, a personal injury lawsuit.
Contact our Boston rear-end accident lawyers
The sooner you take legal action, the quicker you can begin to get your life back to normal. Let Santoro & Gray help. If you or a loved one were injured in a rear-end collision, get in touch with us today to schedule your initial consultation.