Financial Responsibility for Car AccidentsCompensation in Car Accident CasesWhat to Do After a Car AccidentCar Accident FAQ
Severe and Catastrophic Injuries
Distracted Driving Accidents
Drunk Driving Victims
Fatigued Driving Accidents
Bike and Pedestrian Accidents
MBTA/Transit Vehicle Accidents
SUV and Van Rollover Accidents
Uber and Lyft Accidents
Work-Related Traffic Accidents
Tour and Charter Vehicle Accidents
Government Vehicle Accidents
Winter Weather Accidents
Traffic Accidents Resulting in Wrongful Death
Time is of the essence after a motor vehicle accident. The first and most important step is to contact the proper authorities and receive medical attention if you believe you or a passenger may be injured. After receiving medical treatment and filing a report, it’s important to exchange insurance information with other involved drivers and, if possible, gather any evidence (contact information for witnesses, photos of the accident scene and resulting injuries, etc.).
At the Kiley Law Group, we encourage car accident victims with serious injuries to contact an attorney before contacting their insurance companies. Even if your insurance company provides some compensation for medical expenses and other losses, it may not be enough to cover the true costs associated with a car accident. Even a minor traffic accident can inflict lasting physical injuries and psychological effects, so it’s in your best interest to contact an experienced personal injury law firm that understands these long-term effects to discuss your options. Back To Car Accident Basics
Although no two traffic accidents are identical, at least one negligent motorist is responsible for resulting damages in most cases. In some cases, however, multiple parties may be held accountable.
In fact, there are instances in which parties aside from drivers may be responsible for damages. These include, but are not limited to: crashes that involve semi-trucks or other commercial vehicles; MBTA vehicles; dangerous roadways; vehicle defects; private buses or tour vehicles; and government vehicles. The Kiley Law Group has more than three decades of experience effectively representing accident victims, and our attorneys will thoroughly investigate your case to assess liability and pursue the financial compensation you need to move forward. Back To Car Accident Basics
Any injury can be painful and financially costly, but some injuries can be life-changing to victims and their families. Severe and catastrophic injuries that often result in car accidents include:
Broken and fractured bones
Spinal cord injuries
These injuries can result in long-term impairment and require expensive medical treatment and rehabilitation; some necessitate lifelong care. These injuries can also limit or eliminate an accident victim’s ability to work, support his or her family and save for the future. The lawyers at Kiley Law Group have extensive experience in cases involving catastrophic injuries, and we are dedicated to seeking the compensation that accident victims and their families need to cope with the full extent of their injuries. Back To Accident Cases
Drivers using mobile devices, reading books or newspapers, eating and drinking behind the wheel, or paying more attention to passengers than the roadways can be every bit as dangerous as drunk drivers. With the commonality of mobile devices, this issue has become even more of a problem over the past fifteen years or so.Every day, thousands of drivers make the mistake of thinking they can use their cell phones to make a call, send a text message or listen to music while behind the wheel. Cell phone use, and particularly texting, has become one of the top causes of distracted driving accidents. Under the state’s Safe Driving Law, Massachusetts has the following restrictions regarding cell phone use while driving:
Texting is banned for all drivers
Novice drivers are banned from using cell phones (whether hands-free or hand-held)
Bus drivers are banned from using cell phones (whether hands-free or hand-held)
If you were in an accident in which the responsible driver was cited for distracted driving, that information can be used to establish negligence and pursue compensation. If you were hurt in an accident that you believe was caused by a driver inappropriately using a cell phone behind the wheel, our attorneys can investigate police reports, cell phone records and witness testimonies to strengthen your case. Back To Accident Cases
If you’ve been injured in a collision with a drunk driver or, worse, lost a loved one, the Kiley Law Group is here to help. Despite endless warnings, advertising campaigns and the threat of jail time, reckless motorists still get behind the wheel after consuming too much alcohol, leading to severe injuries and unnecessary deaths. In fact, 40% of all auto-related deaths involve alcohol, according to the NHTSA.In Massachusetts, drunk driving accident victims have a short window of opportunity in which to file an injury claim, so it’s important to discuss your case with a knowledgeable personal injury attorney as soon as possible. Failure to meet this deadline can mean a forfeiture of rights to seek compensation. The sooner our lawyers are able to begin investigating your case, the greater your chances for a successful and timely settlement. Back To Accident Cases
Much like distracted driving, those who drive while tired are very dangerous. Falling asleep behind the wheel can cause catastrophic injuries, but even without falling asleep, those who are tired have slowed reactions and make poor decisions. Back To Accident Cases
Speed limits are set intentionally to allow drivers an appropriate amount of time to see and respond to unforeseen circumstances. Exceeding the speed limit decreases the amount of reaction time that a driver has and can result in their losing control of their vehicle. This poses a hazard not just to the driver and passengers of that vehicle and other vehicles, but also to pedestrians, and property owners in proximity to the road. Back To Accident Cases
Many drivers focus only on other motorists, and thousands of pedestrians and bicyclists are injured every year due to this negligence. Pedestrian and bicycle accidents result in a higher rate of severe and catastrophic injuries than collisions involving two motor vehicles because those on foot or bike have limited protection.The attorneys at Kiley Law Group have more than 40 years of success protecting the rights of injury victims, including pedestrians and cyclists harmed by negligent drivers. Our lawyers have notable experience in pedestrian accident cases involving children. Children are even more vulnerable to life-altering injuries in vehicle accidents, and our attorneys understand the extensive medical treatment and long-term care that may be necessary in these circumstances. Back To Accident Cases
Hit-and-run accidents are despicable acts that show regard for neither law nor human life, and the attorneys at the Kiley Law Group have waged a crusade against these criminal acts for years. Massachusetts General Law considers a hit-and-run any accident in which a motorist fails to stop after a collision. Hit-and-runs are especially common byproducts of accidents involving pedestrians and bicyclists.Recovering fair compensation can be difficult for hit-and-run injury victims. Our lawyers know how to thoroughly investigate hit-and-run accident cases, and we understand the tactics insurance companies employ to limit victims’ claims. If you were injured in a hit-and-run accident, it’s important to contact local law enforcement and an attorney as soon as possible; time is critical in these cases. Back To Accident Cases
Most of us never question our safety when we ride a bus or train operated by the Massachusetts Bay Transportation Authority (MBTA). Unfortunately, collisions and other accidents do happen, sometimes resulting in injuries.Though operator negligence sometimes plays a role in these accidents and subsequent injuries, other factors can include defective equipment, inadequate maintenance, and conditions that are unsafe for passengers. Injury victims in these cases can find it difficult to recover fair compensation due to the multiple parties that may be involved. The attorneys at the Massachusetts-based Kiley Law Group understand the complexities of accidents involving MBTA buses and trains, and we are proud to fight for just compensation for victims. Back To Accident Cases
Vehicles with high centers of gravity and narrow wheelbases, like many SUVs and vans (particularly 15-passenger vans), are prone to rollover accidents. Every accident has unique circumstances, but rollover crashes can present an especially high number of variables.
In addition to driver negligence, there are sometimes other factors involved in SUV and van crashes, including vehicle design or manufacturing defects. In cases of accidents involving the delivery or passenger vans, inadequate maintenance or improper loading may play roles. The Kiley Law Group has more than three decades of experience protecting the rights of accident injury victims, and we understand the nuances of complex accident cases like rollover crashes involving SUVs and vans. Back To Accident Cases
Uber and Lyft rideshare services have become extremely popular in Massachusetts. A recent report in The Boston Herald noted that there are nearly 10,000 Uber drivers in Boston compared to only 1,825 licensed taxis. The number of rideshare drivers is even higher when you add those of Lyft, Sidecar and other services.However, the growing number of ride-for-hire drivers raises a number of questions about auto insurance and injury liability in the event of accidents. Many rideshare programs, like Uber and Lyft, require drivers to obtain auto insurance, but not all non-commercial policies cover motorists who are driving for profit; there have been cases in which insurance providers deny coverage for crashes that occur while the driver was being paid, and the rideshare companies also fight compensation for victims. The important thing to remember is that you still have rights, and the attorneys at Kiley Law Group understand how to pursue just compensation in these complex cases. Back To Accident Cases
If you were involved in an auto accident while on the job, you probably have a lot of questions about how to handle this often-complicated legal situation. Depending on the circumstances, you may be entitled to workers’ compensation benefits as well as personal injury compensation from the party at fault for the collision.Kiley Law Group has extensive experience with both motor vehicle accident claims and workplace injury claims. We can help you understand if you’re eligible to recover Massachusetts workers’ compensation benefits, file a third-party personal injury case, and protect your ability to recover maximum compensation for your injuries. Back To Accident Cases
Tour buses and charter vehicles have become popular ways to visit Massachusetts scenery and historic places in recent years. These buses are also commonly used when a large group wants to travel to and from an event due to convenience and price. Though these charter vehicles are generally safe, accidents do happen, and because of the size of the vehicles and the number of passengers involved, these crashes can be serious.Depending on the circumstances of the accident, various parties including the driver, the charter company, and maintenance provider could be responsible. If you or a loved one was injured in a charter bus accident, the attorneys at the Kiley Law Group have the experience you need on your side to recover fair compensation for your medical expenses and other damages. Back To Accident Cases
If you or a loved one was hurt in a crash involving a government vehicle, you may be questioning your right to take legal action. While injury claims against government workers can be difficult, it doesn’t mean you don’t have the right to seek compensation if you were not at fault.
The lawyers at Kiley Law Group have extensive experience handling this complex type of case. These accidents may include vehicles owned and operated by government agencies (police, street maintenance, school buses) or government contractors such as road construction companies. In crashes involving government vehicles, it’s critical to discuss your situation with a skilled attorney as soon as possible; your time to file a claim is limited. Back To Accident Cases
Massachusetts is known for harsh winters that can challenge even its most rugged residents. Winter is especially rough when it comes to accidents, with conditions like black ice and unmaintained roads contributing to crashes. The risk of injuries further increases when snowmobiles or snow plows are involved.The attorneys at the Kiley Law Group understand the many factors that can lead to winter accidents, from driver negligence to poorly plowed roads to defective or inadequately maintained vehicles. Our lawyers are dedicated to accident injury victims throughout Massachusetts, and we have recovered hundreds of millions of dollars in successful settlements and verdicts for our clients. Back To Accident Cases
Losing a family member in a car accident can turn your life upside down. In addition to the grief you and your family members are suffering, you will also have to deal with financial strains that may include medical expenses, funeral and burial costs, lost income and more.
While no amount of money can compensate for the loss of a loved one, a fair settlement can provide you and other family members with peace of mind as you move forward with your lives. The compassionate attorneys at the Kiley Law Group have extensive success in wrongful death cases related to car accidents, and we are here to help relieve some of the burden you feel in this difficult time. Back To Accident Cases
Do I Have to Go to Court?This depends on the individual case, but in truth, very few car accident cases go to court, because such an all-or-nothing approach can be expensive and is rarely in the best interest of any party involved.
Do I Have to Answer the Other Driver’s Insurer’s Questions?Not without your lawyer present. You always have the right to refer anyone questioning you about your case, or requesting information like medical bills, to your attorney. In fact, you should be very careful about what information you provide the other insurer as they might be looking for reasons to deny your claim.
If I Don’t Feel Hurt, Should I See a Doctor?Yes. Any time you’re in a car accident you should get checked out. Some injuries could take days, weeks or even months to present symptoms, and seeing a doctor will not only help your case, it can help to treat injuries that could otherwise become disabling if not addressed quickly.
What is No-Fault Insurance?No-fault, or Personal Injury Protection (PIP) insurance, covers a portion of your injuries regardless of whose fault the accident was. In Massachusetts, this kind of coverage is mandatory, but may only cover a small percentage of the damages you suffer.
How Are Product Liability and Car Accidents Related?If your accident was caused by the failure of an important part in a vehicle due to that part being defective, you may be able to file a product liability claim against the manufacturer. Your attorney can provide you more information on whether this is a good road to take.
I Said Something at the Scene That I regret. Do I Still Have a Case?It’s not uncommon for someone to say something right after the accident, in the heat of the moment, that is inaccurate but reflects badly upon them. It’s also not uncommon for someone to be bullied into a decision they regret by an insurance representative. While this can make it harder to pursue your case, it doesn’t mean the end of the road. Contact the attorneys at the Kiley Law Group for help, no matter what may have happened thus far in your case, and let’s see what we can do to help. Back To Car Accident Basics
As an accident victim, you deserve compensation for the damages you’ve suffered. Predicting the value of your case can be tricky, as there is a range of different damages that you can collect. These fall into two main categories:Special damages are the measurable objective losses you suffer, such as property damage, medical bills and expenses, your lost wages and potential future income, and the like. In a wrongful death injury case, this can include funeral expenses and loss of financial support.
General damages involve less clear losses, such as pain and suffering, emotional trauma, loss of comfort and relationships, and other damage to your quality of life.To begin your personal injury claim, you’ll first need to value these figures, which your auto accident attorney can help you do. Your attorney will factor in the special damages of your case, and then apply a multiplier known as the damages and compensation formula to determine the value of your general damages.
This multiplier will be somewhere between 1 and 5 times the special damages and will be based on several factors including the severity of your accident, the level of disability you’ve suffered and other elements of your accident injury. This is how you will come to the initial settlement value you will demand from the other party or parties involved in your personal injury case.
The Role of the Insurance Company in Settling Your Accident Case
There will often be two insurance companies involved in settling your injury claim: yours and the other drivers. If there are more than two parties involved, each may have their own insurance carrier. There are a few ways insurance companies will come into play.
In Massachusetts, a no-fault state, you will file a claim for any accident with your insurance company. Usually, your insurer will then pursue claims against the other company, often with input and help from you and your accident attorney.
Each insurance company involved will have their own damages and compensation formula to apply to general damages. This will likely result in a much lower offer of settlement than your initial demand letter, which will challenge and refute your claims.
This leads to a back-and-forth series of negotiations between the insurance adjuster and your auto accident lawyer. Usually, these negotiations will arrive at an acceptable compromise where you’ll get a settlement that will cover your needs and everyone will be satisfied.
Limits to Insurance CoverageThere are certain limits, however, to how much the insurance company will pay out, regardless of how much the settlement’s value is determined to be. An insurance company will only pay out to the limits of a policy coverage. That means even if your case is worth $300,000, if the responsible party’s insurance has limits at $150,000, that’s the most the insurer will pay out.
While technically the other driver will still be responsible for the rest of that money, it can be difficult to collect if the money doesn’t exist. That’s why many people carry uninsured, underinsured or PIP coverage. PIP, or Personal Injury Protection, is also known as no-fault insurance and can be especially vital in a no-fault state like Massachusetts, where it allows you to collect necessary injury and lost wages damages while your claim progresses.