Accidents can happen at any time and anywhere, but winter brings additional risks which residents of Massachusetts should be aware of and be prepared for. The most common winter accidents are car accidents and slip and fall accidents because of the likely presence of snow and ice and the resulting slippery conditions. Some winter accidents are simply due to a lack of one’s own caution, but others are not the fault of the person who becomes a victim of the accident. When someone else’s negligence has caused an accident, there are remedies available that allow the victim to recover the cost of medical treatment and lost income. A personal injury lawyer can help obtain compensation when negligence has caused harm in a winter accident.
Common types of winter accidents in Massachusetts
The most common accidents that happen in winter are car accidents and slip and fall accidents, but winter conditions can cause harm to property in other ways, even if they do not result in physical injuries.
Car accidents
Vehicle accidents typically happen more often in winter because of slippery roads and generally poorer visibility. When there is snow or ice on the highways, it makes sense to drive more slowly and take extra precautions, even not drive at all if the roads are particularly dangerous. When vehicles are moving at too high a speed for the conditions, it is more likely that skidding occurs. Cars that are out of control can skid into the path of oncoming vehicles, hit obstructions on the edge of the road, or pedestrians in an urban situation. Vehicles may not be able to control a skid when merging from one lane into another or when overtaking. The likelihood that an accident occurs due to careless driving is highest in winter conditions.
Slip and fall accidents
Slip and fall or trip and fall accidents are the second most common types of accidents all year, but when surfaces under foot are slippery, then slipping over is much more likely to happen. In many cases, icy sidewalks, parking lots or entrances to shopping malls and other public buildings are the most common places where slip and fall accidents are going to occur. While everyone using these areas should be more careful when moving around, sometimes the fault lies with the owner or agency responsible for the public area where hazards occur. Snow and ice removal or clearing may not have occurred, making accidents more likely. This could be regarded as negligence on the part of the responsible party making a case for a personal injury claim in the event of an injury.
Other winter accidents
In winter, storms are often more common. Trees and other man-made structures could be more prone to toppling, causing potential accidents. Water pipes are more likely to freeze and burst under pressure, causing localized flooding. When these events are caused by negligent management or behaviors, then any financial losses may be recoverable from the party responsible.
Your rights if injured in a winter accident
Much depends on the exact circumstances of an accident in winter. Massachusetts residents can prepare for winter and protect themselves and their families and properties by simple self-help measures and choosing insurance options that cover them from the negative effects of an injury or property damage. In the event of an injury or damage to property, the insurer should be notified as soon as possible and a claim made with sufficient documentation outlining how the accident happened.
When another party is at fault, then there is the possibility of claiming compensation if sufficient evidence of negligence is provided. Massachusetts fault laws for personal injury claims should be understood before a claim is made. In Massachusetts, personal injury claims are dependent on the percentage fault determined for each party. This rule is known as modified comparative fault. As long as you, the accident victim, are less than 50% at fault for the accident, you can make a claim against the other party. The amount of compensation you are awarded is determined then by the percentage of each party’s fault.
For example, if you slip and fall over on a city sidewalk, you may decide to make a claim against the city government if they should have cleared the ice or snow off the surface of the sidewalk, but hadn’t done so. The city’s insurer may claim that you weren’t sufficiently careful and not admit 100% fault. The court may eventually award you less than the 100% of compensation you claimed, if it is thought that you could have prevented the accident better, even though the city was still at fault for not clearing the ice or snow.
In the case of car accidents, Massachusetts is a no-fault state for personal injuries. You must have personal injury protection (PIP) insurance which covers you up to a certain amount for injuries to yourself and anyone else in your car ($8,000 per person per accident) if you are hit by another car, even if that driver was at fault. This means that as long as the financial loss due to your injuries was below the insured amount under PIP, you must claim the amount back from your own insurer. For more serious injuries, including death and disfigurement, when your own PIP insurance is insufficient, you (or your family in the event of your death) are entitled to pursue compensation through a personal injury claim, including economic (principally medical costs and lost income) as well as non-economic (pain and suffering and potentially punitive) damages.
Help from a lawyer
A Massachusetts personal injury lawyer can help with your legal rights following a winter accident. Because of the state’s comparative fault system and PIP insurance (for car accidents) you can find it challenging trying to claim compensation from another party if you believe that their negligence contributed to the accident. Claims against government agencies are often challenging anyway because they have to be pursued more quickly than claims made against non-government parties. Insurers don’t like giving out compensation unless evidence is clear that their client was negligent and responsible for the injuries or property damage you are claiming for. Talk to a local personal injury lawyer to see what your rights are after a winter accident. The lawyer will be able to help you with any stage of a claim.