Worcester, Massachusetts Car Accident Lawyer

Motor vehicle accidents are an unfortunate fact of life, both here in Massachusetts and throughout the United States. According to the Massachusetts Department of Transportation (MassDOT), in 2019 alone, there were 140,083 auto accidents. This number includes 314 fatal crashes and 32,768 accidents that involved non-fatal injuries.

If you have been hurt in a car accident, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other losses. Under Massachusetts law, negligent drivers can be held liable for injuries suffered by others. A personal injury attorney can help you with the process, fighting to get you the maximum possible recovery.

Attorney Peter Ventura represents injury victims in Worcester and the surrounding areas who have been hurt in accidents. All personal injury claims are handled on a contingency fee basis, which means that you never pay a fee unless we recover money for you. We offer free initial consultations for all prospective clients so that you can learn more about your rights and options for moving forward with a case.

Common Causes of Massachusetts Car Accidents

Motor vehicle collisions can happen in any number of ways. According to the National Highway Traffic Safety Administration (NHTSA), the majority (94%) of accidents are caused by driver error. This may include things such as:

• Speeding
• Distracted driving 
• Texting and driving
• Driving under the influence
• Drowsy driving

These types of mistakes can lead to rear end collisions, t-bone accidents, head-on collisions, or sideswipe crashes. When driver error is at issue in a car accident, the at-fault driver may be held responsible for any injuries that other drivers, passengers, and pedestrians suffer.

There are other issues that may lead to Massachusetts auto accidents. Dangerous or defective car parts may lead to a mechanical failure that causes an accident. Similarly, poor maintenance may also be responsible for a crash, such as brakes that don’t work properly.

In some cases, poor road conditions are to blame for a collision. If a government agency fails to take care of a street or highway, it could be held responsible for any crashes that result. Finally, while most traffic accidents take place in full daylight and on dry roads, weather conditions — particularly rain, snow and ice — can also lead to collisions. 

Drivers should be particularly alert at intersections. As our interactive maps show, there are certain intersections in Worcester, Auburn, and Boylston that are particularly dangerous. Many intersection accidents are caused by obstructed views, distracted driving,  illegal maneuvers (such as running red lights and stop signs), and drivers misjudging speed or distance.

Any of these types of accidents can cause serious injuries. Common traffic accident injuries include:

• Traumatic Brain Injury (TBI)
• Broken Bones
• Electrocution Injuries
• Nerve Damage
• Spinal Cord Injuries (SCI)
• Whiplash

In situations where an injury victim dies, their loved ones may be able to file a wrongful death lawsuit against the responsible party. 

At the Law Office of Peter Ventura, we are adept at handling all types of motor vehicle accident cases, from motorcycle collisions to truck accidents to pedestrian accidents to car crashes. We represent clients who have experienced catastrophic injuries as well as those who have suffered relatively minor injuries, including contusions, broken bones, and soft tissue injuries. Our goal is to help each of our clients get the maximum recovery, so that they can move forward with their lives after an accident.

Proving Fault in a Worcester Car Accident Claim

In Massachusetts, personal injury lawsuits are based on a theory of negligence, which is the failure to use the care that a reasonable person would in a similar situation. If a victim in a car accident case can prove that another driver or entity was negligent, then they can recover compensation for their injuries.

There are four elements in a negligence claim:

1. Duty: the other driver (defendant) owed a duty of care to operate their motor vehicle safely
2. Breach: the defendant breached, or violated, that duty
3. Causation: the defendant’s breach was the cause of the accident that led to victim’s injuries
4. Damages: the victim (plaintiff) suffered losses

To win a personal injury case, an injury victim must prove each of these four elements.

Importantly, Massachusetts is a “no fault” state for car accidents. All drivers are required to purchase personal injury protection (PIP) coverage as part of their auto insurance policy. PIP will cover up to $8,000 in out-of-pocket losses in a car accident claim.

Massachusetts also follows the rule of proportionate responsibility, or comparative negligence. Under this law, a car accident victim can recover for their losses even if they are partially to blame for the crash — as long as their responsibility does not exceed 50%. In these situations, the victim’s total recovery is reduced by the percentage that they are at fault for the crash.

If a plaintiff can prove that the other party was negligent for their injuries, then they may be entitled to three types of damages: economic, non-economic, and punitive damages. Economic damages compensate a victim for the financial losses that they have suffered, such as property damage, medical expenses, lost wages, and reduced earning capacity. This type of damages is often relatively easy to prove using invoices, estimates, bills, and pay stubs.

In contrast, non-economic damages are designed to cover intangible losses. They cover things such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement or scarring. It is often much more difficult to put a price on these types of losses.

Finally, in Massachusetts, pursuant to the wrongful death statute, punitive damages are recoverable only for wrongful death resulting from gross negligence and/or willful, wanton, or reckless conduct.

How a Personal Injury Lawyer Can Help

After being hurt in a Worcester County car accident, you may be approached by an insurance adjuster with a settlement offer. The offer may seem fair, but you probably have questions about the best course of action. In this situation, you should schedule a free case evaluation with a personal injury law firm.

At this consultation, a lawyer will listen to your story, and give you advice on how to proceed. If you decide to work with them, the attorney will start the process by performing a full investigation of the accident. This may involve interviewing witnesses, working with an accident reconstruction expert, and reviewing all documents and evidence for the claim (such as police reports, pictures, and videos).

Your lawyer will also examine all potential sources of compensation for your claim, such as the other driver’s car insurance policy, your own uninsured or underinsured motorist coverage (UM/UIM), government entities and manufacturers of vehicles and parts. Taking this step can ensure that you get the highest possible recovery

Based on this investigation and an analysis of the law that applies to your case, the law firm will then put together a demand letter to the insurance company. This letter will lay out the basis for liability and request compensation for your losses. The insurance company will usually respond with a counteroffer, and the negotiations will begin.

Most car accident claims are settled without going to trial. If you do go to court, your lawyer will present evidence showing that the defendant was responsible for the accident — and make a strong argument for full compensation. In many cases, working with a personal injury attorney who has significant trial experience can lead to a favorable settlement, as the insurance company will know that your lawyer is ready, willing, and able to go to trial.

In some cases, you may be able to represent yourself in a car accident claim. This is generally only advisable for minor crashes where the only loss that you suffered was damage to your vehicle. If you were injured, then going it alone may lead to a significantly lower settlement. Studies show that injury victims who are represented by an attorney receive settlements that are 3.5 times higher, compared to those who represent themselves.

Massachusetts Car Accident FAQs:

Car Accident Attorney in Worcester, Massachusetts

Experienced Car Accident Attorney, Worcester, Central Mass, Metro West

At the law office of Peter Ventura, Attorney at Law, we handle car accident cases and personal injury lawsuits of all kinds — the soft-tissue injuries that could keep you away from work for a few weeks, and the very serious and sometimes catastrophic injury cases which involve permanent injuries and lifelong problems and consequences. We routinely examine all sources of compensation for every claim including the other driver’s liability insurance, and even the client’s own under-insured motorist coverage and any other sources of compensation available to satisfy the client’s damages.

Car Accident Cases We Represent

Personal injury lawyer Peter Ventura investigates and presents claims on behalf of people injured in a wide variety of car accident scenarios:

• Car accidents on the Mass Pike, and any public or private roads
• Crashes involving multiple vehicles or passengers
• Collisions with semi trucks or other commercial vehicles
• Auto accidents involving drunk drivers or hit-and-run motorists
• Accidents caused by uninsured or underinsured drivers
• Bicycle accidents caused by negligent drivers
• Pedestrian accidents
• Motorcycle accidents

Five Simple Tips for Avoiding a Car Accident

Personal injury cases are often the result of car crash incidents. While there is certainly no way to prevent all accidents from happening, there are steps you can take to reduce the chances of you being involved in a wreck that could leave you injured or even worse. Here are a few tips to help you avoid a car crash:

1. Reduce distractions

Distraction is the number one cause of most car crashes. Distractions can range from music being too loud, children fighting in the backseat, talking on the phone, applying makeup, or even looking at a map. Sometimes, people get so comfortable behind the wheel that they think they can multitask. When you are driving you should consider that as your one and only task. Simply remove distractions from your vehicle so that you can clearly focus on the roadway.

2. Check for safety

Before driving your vehicle, remember to check for any safety hazards. Common issues may be things such as a flat tire, leaking fluid, or impaired windows. Make sure that you can operate your vehicle in a safe manner before you drive away. Vehicle malfunction is a common cause of some of worst wrecks in Massachusetts.

It is also important to check for personal safety. Ask yourself how you feel before you start the engine. Do you feel tired? Do you feel sick? Do you have any ongoing health concerns that you should monitor closely? Personal safety is critical as it impacts whether or not you are in the appropriate physical condition to drive your car.

3. No cell phone rule

Cell phones should never be used when you are behind the wheel of a car. It is never safe to text and drive, as your attention is divided when you are talking on the phone. If the conversation is necessary, simply pull off the road safely in order to take the call.

4. Know your surroundings

While there are certain things you can do to help yourself avoid crashes, you have limited control over the outside world. That is why it is important to pay attention to your surroundings. Make a mental note of the weather forecast for the day so you will know if the roads will be icy or wet. Pay attention to the drivers around you. Are they on their cell phones? Does their vehicle have body damage suggesting that they have been in numerous wrecks? Are there emergency vehicles nearby? Listen for the sound of sirens so you may move safely out of the way. The more you know about your surroundings, the more you can prepare and help yourself avoid crashes in Massachusetts.

5. Reduce nighttime driving if you have difficulty seeing

Drivers do not see as clearly in the dark and this can make it difficult to determine road conditions, make quick stops for wild animals, or see other vehicles. These are exacerbated if you have trouble seeing, so if possible, try to reduce or eliminate nighttime driving.

What NOT to Do After a Car Accident

Massachusetts car accident lawyers can provide crucial help for accident victims following a vehicle accident. Among other things, we can thoroughly investigate the accident, help prove who was at fault, defend you against unfair accusations, and help secure full and fair compensation for your injuries.

But we auto accident attorneys usually “appear on the scene” days after the crash, if not longer. By that time, you might have unwittingly done as much damage to your legal case as was done to your car! To help preserve your legal rights, don’t do any of the following nine things after an accident:

1. Don’t leave the scene

Under no circumstances should you leave the scene of an accident, even a very minor one. We know that it’s human nature to want to flee from frightening situations, but you must resist this impulse. It is a criminal offense under Massachusetts law to leave the scene of the accident. So no matter how bad the situation seems for you after a crash, it can only be made worse by fleeing.

2. Don’t admit to fault or apologize

After a crash, stunned drivers sometimes pop out of their vehicle and say, “I’m so sorry! I didn’t see you!” or something similar. Even if you believe the accident to be your fault, you gain nothing by saying so at the time of the accident. In fact, saying so could harm your personal injury claim. Your lawyers and other investigators will examine all the facts surrounding the crash and determine who is responsible. You do, however, have a responsibility to clearly and honestly tell the police the events that led to the crash.

3. Don’t neglect to call the police

You and the other driver might agree to keep the police out of it and allow your insurance companies to handle the claims. But that’s a bad idea for a couple of reasons. First, without police involvement, you won’t have a formal report of the accident, which can be useful for your insurance company or in any subsequent lawsuit. Second, you have no idea whether the other driver is honest. What happens if the other driver provides false information? Or if their insurance isn’t up-to-date? You could end up in a vastly more complicated situation than you’ve bargained for and have to carry more costs.

4. Don’t get chummy or angry with the other driver

You might be infuriated that your brand-new car is smashed thanks to someone else’s negligence, or you might feel guilty that you were fiddling with your CD player at the time of the crash. Either way, say as little as possible to the other driver beyond exchanging essential information. You could easily say something that could be used against you later (e.g., “Oh, don’t worry, I’m not hurt!” or “Well, you jammed on the brakes so suddenly, you made me crash into you!”) Before getting out of your car, take a few deep breaths to clear your head and get your emotions under control.

5. Don’t forget to document evidence

Get key information from the other driver such as their name, address, telephone number, driver license number, license plate number, vehicle description, and insurance information. But don’t forget to obtain the name and telephone number of witnesses, as well. Take numerous pictures of the crash scene from different angles. Also, at first opportunity, write down all the facts you can remember about the crash, including weather conditions and the state of the road.

6. Don’t refuse medical evaluation and attention at the scene

Refusing medical attention at the scene might bring more suffering later. You may think you’re fine, but some injuries are not immediately apparent or you might fail to recognize certain symptoms as dangerous. In addition, turning down a medical once-over or basic medical evaluation could affect your future legal claim. The other driver’s insurance company and attorney might argue that in refusing medical treatment at the accident scene, you weren’t seriously injured or that any injuries identified later were unconnected with the accident.

7. Don’t talk to an insurance adjuster without your lawyer

Just as casual chatting with the other driver can inadvertently harm your case, so can a seemingly simple conversation with an insurance adjuster. Insurance companies are looking for ways to limit or deny your claim, and any off-the-cuff statement you make to them (“I feel fine, thanks”) may be used against you later. Avoid talking to an insurance adjuster without first speaking with an experienced car accident lawyer.

8. Don’t forget to file a Motor Vehicle Crash Operator Report

Under Massachusetts law, if you’ve been involved in a collision that caused injury, death, or over $1,000 worth of damage, you’re required to file a Motor Vehicle Crash Operator report within 5 days of the accident. You must do this even if police were on the scene.

9. Don’t try to represent yourself

Car accident victims who represent themselves after car accidents tend to accept settlement offers too early and for too low a sum. This can have unfortunate consequences. For example, sometimes injuries arising from the accident (such as spinal cord or neurological damage) are diagnosed weeks or months after the incident. If you accept a settlement too early, you could preclude yourself from receiving compensation for injuries identified later. A Massachusetts car accident attorney can help you preserve your rights and receive the full compensation that you deserve.

Common Types of Car Accidents

Side-Impact, or “T-Bone” Car Accidents

Side-impact collisions, also called T-bone collisions, refer to accidents in which a vehicle is struck on the side by another vehicle. Due to the bio-mechanics of injury associated with these accidents, these kinds of cases create a greater risk of serious injury because an occupant of the vehicle which is struck is generally subject to considerable forces in which an occupant is minimally protected.

While many newer vehicles have side airbags, some older model vehicles do not. Because of the potential damage to protective door and window structures in these accidents, vehicle occupants in this kind of impact often suffer significant, if not catastrophic, injuries. Many of these incidents occur at intersections and are the result of a driver’s failure to yield at a stop sign or other traffic control light.

Car Dealership Liability after a Car Accident

There’s often more to an automobile accident than meets the eye. A rear-end accident might seem to be caused by an inattentive driver, but in reality was caused by faulty brakes. A head-on collision might raise the specter of drunk driving, but a malfunctioning steering wheel might be the real issue.

When a car accident is caused by a defect in the car, the manufacturer of the car or its parts may be legally obligated to compensate you for your injuries. But they might not be the only ones responsible: sometimes the car dealership or the person from whom you bought the vehicle is also liable.

How a Dealership May be Liable for Your Injuries

A seller of a vehicle could be legally responsible for injuries sustained due to a defect in the vehicle under two circumstances:

1. when the seller made a fraudulent statement about the vehicle that you relied upon to your detriment when purchasing it, or
2. when the seller made negligent misrepresentations about the vehicle that caused you to buy it.

What does this mean? Let’s start with fraud. If the seller intentionally makes a false statement about the car that prompted you to buy it, and you were later injured as a result of that false statement, the seller may be liable for your injuries.

For example, let’s say that you were interested in a particular used car but didn’t want to buy a car that had been involved in an accident. You informed the dealer of this and he assured you, either directly or implicitly, that this was not the case. Based on this assurance, you bought the car. Subsequently, you become involved in a crash and learn that your car had previously been involved in a wreck, after all. You may then be able to seek financial compensation from the seller of the car and an auto accident lawyer could help you do so.

What If You Can’t Prove Fraud?

You may still be able to recover for your injuries if the seller made a negligent misrepresentation about the vehicle and you relied on that misrepresentation when deciding to purchase the car. A negligent misrepresentation is a statement that recklessly disregards the truth.

To illustrate: a vehicle seller may say that a used car’s brakes are in great condition, prompting you to buy it. Later you are injured in an accident due to the car’s faulty brakes. If the dealer made his statement without knowing that the brakes were in good condition, or without having examined the brakes to assess whether they were in good condition, the dealer may be as responsible as if he had knowingly lied about the brakes’ condition.

Accident Insurance Claims and Settlements Attorney in Worcester, Massachusetts

Accident Insurance Claims and Settlements Attorney

We seek fair insurance settlements whenever possible, but are prepared to go to court for you.

In cases involving serious injuries, disputed liability, or insurance coverage problems that could frustrate collection of the full measure of your damages, the filing of a lawsuit by an experienced lawyer is usually essential to a favorable outcome. Sometimes, it is necessary to file a lawsuit, however, if your case can be settled without filing a time consuming lawsuit we will let you know.  However, in some relatively simple cases involving minor damages, we may be able to recover fair compensation in a settlement agreement.

Any successful personal injury claim involves solving three main problems:

1. Establishing the liability/responsibility of one or more defendants
2. Proving the client’s damage; and
3. Identifying a source of compensation — usually an insurance company policy — capable of paying the damages proved.

Insurance Companies Are Businesses — Not Your Legal Advocate

It is important that you contact an attorney before you sign any settlement an insurance company has offered; insurance company are businesses — not legal advocates on your side.  They will almost always attempt to offer you the least amount possible for your accident.

Our law firm help accident victims who have been seriously injured through a wide variety of negligent circumstances, including:

• Auto accidents
• Motorcycle crashes
• Truck or commercial vehicle accidents
• Sports and recreational accidents
• Workplace Accidents
• Construction site accidents
• Medical malpractice
• Dangerous or defective products
• Unsafe property conditions

We combine the ability to act quickly to preserve evidence and protect a client’s interests along with having patience to let the case develop as the client undergoes often extensive medical treatment. While the decision always belongs to the client, we recommend settling a case later for its full value rather than resolving it sooner for a fraction of its actual worth.

Reach Out to Learn More

Car accidents can be both scary and traumatic, and may lead to serious or fatal injuries. If you have been hurt in a motor vehicle collision, we are here to help. We’ll take on the insurance company for you, so that you can focus on what is truly important: your health.

Attorney Peter Ventura represents clients throughout central Massachusetts on a range of personal injury claims. In each case, he aggressively advocates for his clients to help them get the compensation that they are entitled to under the law. To learn more or to schedule a free consultation, call our law firm at 508-755-7535 or fill out our online contact form.