The Stats

According to the U.S. Department of Transportation, an average of 6.64 million auto accidents have occurred yearly over the last five years. The preliminary data shows that the first three months of 2022 as having the highest fatality rate on U.S. roads since 2002. Furthermore, according to the National Highway Traffic Safety Administration, auto accident fatalities increased after a four-decade downward trend. In 2020, 38,824 deaths occurred on U.S. roads, the most since 2007. What is going on here? What are the causes of these auto accidents? How do this affect you? Much of the increase in auto accidents come from distracted drivers. Drivers are distracted by their smartphones or vehicle technology, particularly touch-screen technology. In other instances, auto accidents occurred because drivers were speeding, under alcohol impairment, or not wearing a seat belt, leading to almost 50% of fatal crashes. 

Generally, depending on the auto accident’s state, the not-at-fault injured person in the accident may be entitled to recover damages in the form of medical bills, lost wages, property damage, pain, and suffering. The damages one recovers will differ on the accident’s details and the fault level. That person can recover by showing negligence on the part of the at-fault driver who caused the auto accident. However, some states have specific laws that prevent an injured person in an auto accident from recovering any damages.

Comparative and Contributory Negligence

Some states have strict rules to determine fault or laws to make sure a claim for damages are brought within the required time limit. Most states use comparative negligence, or a form of it, to apportion blame for an auto accident, allowing an injured person to recover damages from the other driver, even if the injured person was partly responsible for the auto accident. For example, Massachusetts’ comparative negligence statute prevents a person injured in an auto accident from recovering if that person’s blame was more than the other driver’s. For example, North Carolina’s contributory negligence statute prevents an injured person in an auto accident from recovering any damages in a lawsuit against the other driver if that injured person was in any way to blame for the auto accident. North Carolina is one of the few states that have this statute.

Statute of Limitations

Another law that prevents an injured party from recovering from the at-fault drive for their injuries is the statute of limitation law. Each state limits how long an injured person has to recover damages from the responsible party for their injuries. For example, in Massachusetts and North Carolina, an injured party has three years from the date of the accident to file a legal claim to recover damages from the responsible driver. Each has a statute of limitations. You need to know your state’s deadline to file a legal claim, or else you may file a claim after the deadline has passed which means you will be barred from recovering anything.

Injury Attorneys Massachusetts and North Carolina Auto Accident Victims

Your first responsibility after being injured in an auto accident is to seek immediate medical attention to ensure that your injuries receive the proper medical care. However, you need to consult with an attorney who understands your rights and how to assert them. The Massachusetts car accident lawyer at Pennant Law Offices understands your rights and how to hold insurance companies and drivers liable for your injuries. If you have been injured in a car accident and need an experienced attorney, then contact your Massachusetts car accident lawyer Dwayne Pennant. Your injury claim will be handled by a skilled auto accident lawyer who can best advise you on how to proceed when you are injured in an automobile accident as a result of someone else’s negligence.

We help those who have been injured by giving them the representation they need so that they can receive the care and compensation that they deserve. Our auto accidents lawyer will provide you with experienced representation as we serve clients throughout Massachusetts. We also represent car accident victims in Charlotte and surrounding areas of North Carolina. At Pennant Law Offices, PLLC., your rights and legacy are our passion.