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Negligent Driver

Boston Lawyers Providing Aggressive Representation for People Injured by Negligent Drivers

Taking action and providing advocacy when someone’s careless or reckless behavior behind the wheel causes you to be injured

There are plenty of bad drivers on the roads in and around Boston, but when does a bad driver become a negligent driver?

In Massachusetts, the courts say that drivers cross the line from carelessness to negligence and are subject to punishment by law when their operation of a motor vehicle endangers the lives or safety of the public, in an area in which the public has free access. At the Boston law firm of Swartz & Lynch LLP, our personal injury attorneys help to hold negligent drivers liable for the accidents and injuries they cause. We fight to ensure you’re compensated for all your damages — medical expenses, future medical costs, lost wages, and pain and suffering.

What behaviors behind the wheel are considered negligent?

Negligent drivers include those who are guilty of any of the following actions:

  • Drive well above posted limits and cause a speeding accident. A driver who goes too fast for weather or road conditions is also behaving negligently
  • Fail to share the road with walkers, bicyclists, joggers or inline skaters and cause pedestrian accidents
  • Use cell phones irresponsibly, text and drive, or otherwise engage in behaviors that cause them to be distracted drivers
  • Have no insurance, in violation of the law

Proving negligence is at the heart of a personal injury claim

In the Commonwealth of Massachusetts, it is not enough to say that a person’s poor driving habits caused an accident. A successful personal injury lawsuit requires proof that:

  • The defendant (the person being sued) owed you a legal duty of care. In other words, that person was expected to act in a reasonable manner to prevent harm to another.
  • The defendant failed to carry out (breached) that legal duty through reckless or careless behavior.
  • By failing in their legal duty, the defendant caused an action to occur. For instance, by texting while driving, the driver failed to see you coming and drove through a red light.
  • You suffered harm as a result of the defendant’s negligence. He or she drove through a red light, broadsided your car and caused you severe injuries.

While proving your case may seem straightforward, it’s not always that simple. Because Massachusetts law follows a system of modified comparative negligence, the defendant’s insurance company will try to prove that you were at least partially responsible for the accident. In that way, they can reduce the amount of money you receive —money that you both need and deserve.

With 74 years of collective experience, our lawyers fight to ensure that you receive full and fair compensation. Our skill in both negotiating settlements and in taking insurance companies to court has allowed us to win millions of dollars in damages for our clients injured by negligent drivers.

Take advantage of a free consultation with one of our personal injury lawyers

If you’re injured through someone else’s negligent behavior, our attorneys with Swartz &Lynch LLP are prepared to help. Before you sign any agreement with an insurance company, talk to us. We give you an honest assessment of the merits of your case, and it costs you nothing to learn what your rights are. To schedule a free initial consultation, please contact an injury lawyer online or call us at 857-250-0664. All cases are taken on contingency.