Proving fault is one of the most important and crucial aspects of winning a car accident claim. If a person is found to be at fault and their negligent behavior is the cause of the motor vehicle accident, they can be liable for all the damages caused by their carelessness or recklessness. Damages include both physical and emotional damages, property damage, and even lost wages. However, sometimes liability is unclear, or there is more than one party at fault. When liability cannot be easily determined, a jury sometimes divides fault based on the relative percentages of fault of each of the negligent parties. In some jurisdictions, if the defendant if found to be 50% at fault, he or she will be liable for 50% of the total damages. In Massachusetts, if the plaintiff is more than 50% at fault, they recover nothing. If you have been injured in an auto accident by no fault of your own, contact our expert Massachusetts car accident attorneys today to get the compensation you deserve.
In 2011, Keisha Baa was driving a van in Manhattan as part of her duties as a home health aide. On this particular day, Ms. Baa was transporting a number of elderly men and women to a local nursing home when suddenly a city sanitation truck changed into her lane. Ms. Baa was unable to avoid hitting the sanitation truck as the incident happened too quickly and the truck was too close to her vehicle. As a result of the accident, Ms. Baa alleged that she sustained serious injuries requiring six surgeries to her wrists, left hip, right knee, right shoulder and back.
Even after her surgeries, Ms. Baa claims to be suffering from severe pain and discomfort. Additionally, she has been left unable to work again. At trial, her attorney Ray Panek, of the law firm Elefterakis, Elefterakis & Panek, sought damages for her physical and emotional trauma, as well as compensation for her future lost earnings. A jury ultimately found the City of New York to be 100% liable for the accident and a $4 million settlement was reached in favor of Ms. Baa.
If you or a family member have been injured in a car accident through no fault of your own, you may be entitled to substantial compensation for your physical and emotional injuries. Please contact one of our expert Massachusetts personal injury lawyers who will work tirelessly on your case. Call us at 617-787-3700 or email us at email@example.com for your free and private consultation.