Fatalities are one of the worst possible outcomes that can happen after a crash. No amount of compensation or mourning can truly repair a family after the sudden and unexpected loss of a loved one due to negligent conduct from another motorist that could have been avoided. In some cases, however, a single-car crash can lead to a fatality. When only one car was involved, questions can arise regarding how the accident happened, whether the driver was at fault, and whether any passengers who were killed or injured as a result of the crash have a right to compensation from the potentially negligent driver. At Mass Injury Group, our dedicated team of Boston car accident lawyers will stand by you during this difficult time and ensure that you are treated fairly throughout the legal process.
Recently, two men were killed in an unfortunate single-car crash in Brockton. The accident happened when the car in which the men were riding struck a tree. According to a report regarding the accident, the driver of the vehicle lost control and the vehicle veered off the road and hit a tree. The driver of the vehicle was 23 years old and died immediately upon impact. The investigation conducted initially after the accident suggests that he was attempting to pass another car while passing on the right side when he lost control and swerved off the road, striking the tree. The passenger of the vehicle, 21 years old, was ejected through the passenger window and taken to a nearby hospital where he was later pronounced dead.
In this instance, the passenger’s surviving relatives may wish to bring a personal injury claim against the driver’s estate for the loss of their loved one. Massachusetts laws states that a driver can pass on the right in a few limited instances. First, when the driver about to be passed is preparing to make a left turn, when the roadway is restricted to lanes of traffic moving only in one direction, or when it is a one-way street where the roadway is free from obstructions or wide enough for two vehicles. If none of these circumstances were at play in this accident, then the driver may have been negligent in attempting to pass on the right. If the driver was speeding, tailgating, or engaging in distracted driving activities like texting or surfing social media on his phone, then there may be further evidence to show that his negligence was the direct cause of the unfortunate accident that caused the passenger to lose his life and incur medical expenses.
In a wrongful death action in Massachusetts, the estate of the decedent can recover compensation for medical bills, funeral expenses, burial expenses, and pain and suffering that the surviving loved ones have suffered. These items of compensation are only recoverable if the estate can prove that the defendant acted negligently, which can be challenging in a single-car accident with few witnesses. At Mass Injury Group, we offer a free consultation to discuss your potential car accident claim and whether we can assist you in securing the compensation that you deserve. Call us as soon as possible to schedule your appointment at 617-263-0060 or contact us online.