Massachusetts Car Accident Checklist After an Auto Accident

Car accidents occur on a daily basis in the United States. In fact, close to 4 million people are injured in car accidents each year. Accidents in New Hampshire and Massachusetts this year have been on the rise, this includes motorcycle accidents as well. According to the NHTSA 35,000 people died in car accidents in in the U. S. in 2013 alone. For teens, these numbers should be particularly alarming as teen drivers are three times as likely to be in a fatal accident compared to other drivers.  Aside from age, location can increase the likelihood of being in a car accident also. There are 30% more car accidents along rural roads compared to urban roadways. Whether young or old, on a rural road or city street, any car accident should be handled in a specific way. There are steps every driver should follow and be aware of in the event of any kind of car accident.
1.    Assess Medical Needs and Get Help. The very first thing anyone in a car accident should do is assess if people involved need medical help. If anyone is injured or there is the potential for unseen injuries, such as a head injury, call 911 immediately.

2.    Get Out of Harm’s Way. If a vehicle is still in the roadway, it could get hit again as can any victims in the roadway. You should try to move any vehicle that can be moved off the road and out of the way for the safety of everyone around. Many people become victims in chain reaction crashes because of accidents that are not cleared as they should be.

3.    Call Police. Once everyone is securely off the road and medical help is on the way, call the police. You will want to be clear about the exact location and nature of the scene, such as how many vehicles and type of crash that needs to be assessed. When calling police, do not verbally assign blame or opinions about culpability. Let police assess the scene on their own.

4.    Cooperate and Exchange Information. The police will assess the damages and file a report as to what occurred. It is up to you to get the other driver’s information to protect yourself. This information should include contact information, insurance information, address, and also contact information for witnesses. When exchanging this information and talking to police on the scene, it is important to remember that you should not verbally accept blame even if you were at fault.

5.    Take Notes & Photos of Your Own.  If you have a smart phone, use it to take pictures and notes of the accident. Even though police are skilled and trained as to how to assess and report on an accident scene, they are human. Plus, it will be you, not the police, who needs to worry about damages and any potential fight with an insurance company. The best way to protect yourself, your rights, and ensure the case is handled fairly is to document the facts yourself. Do not rely on your memory later, especially if you are injured. Memories can change and be difficult to decipher within hours of an accident. Whether it was minor or major, you need to write down your own version of events as soon as it is safe to do so.

6.    Contact Your Insurance Company. After getting to your destination safely and documenting the events, contact your insurance company and explain the situation. They will explain the timeframe for dealing with damages and also what all may happen as a result of the accident.  While you should let them know everything, you should not discuss a settlement with your or the other driver’s insurance company just yet. Too many people agree to a settlement or openly admit culpability when they shouldn’t.

7.    Contact a Car Accident Attorney. It is never a good idea to accept a settlement or admit being at fault without the guidance and support of a skilled car accident attorney. An attorney can best evaluate the situation and evaluate what kind of damages are possible. A car accident attorney by your side can greatly increase the chances of getting a fair settlement that will cover medical care and other expenses related to the car accident.

Being prepared for a car accident by having an emergency kit and roadside kit on hand is wise. However, being prepared will not always prevent a car accident from happening. Knowing the proper steps to take in the event of an accident is the best way to ensure your safety and the safety of others on the road.


By George C. Malonis


_____________________________________________________

U.S. Regulators Push For Auto Airbag Recall – Auto Accident Laws MA

Affected Vehicles affected by the Takata Air Bag Issue:

The recall only affects models from 2008 and earlier, here are the details: 

 Acura: 2002 to 2003 CL and TL, 2003 to 2006 MDX, and 2005 RL

BMW: 2000 to 2005 3-series sedan and wagon, 2000 to 2006 3-series convertible and coupe, and 2001 to 2006 M3 convertible and coupe

Chrysler: 2005 to 2008300 and 2007 to 2008 Aspen

Dodge/Ram: 2003 to 2008 Dodge Ram 1500, 2005 to 2008 Dodge Ram 2500, Dakota, and Durango, 2006 to 2008 Dodge Ram 3500 and 4500, and 2008 Dodge Ram 5500

Ford: 2004 Ranger, 2005 to 2006 GT, and 2005 to 2007 Mustang

Honda: 2001 to 2007 Accord, 2001 to 2005 Civic, 2002 to 2006 CR-V, 2002 to 2004 Odyssey, 2003 to 2011 Element, 2003 to 2007 Pilot, and 2006 Ridgeline

Mazda: 2003 to 2007 Mazda 6; 2006–2007 Mazda Speed 6, 2004 to 2008 Mazda RX-8, 2004 to 2005 MPV, and 2004 B-series

Mitsubishi: 2004 to 2005 Lancer and 2006 to 2007 Raider

Nissan: 2001 to 2003 Maxima, 2001 to 2004 Pathfinder, and 2002 to 2006 Nissan Sentra

Pontiac: 2003 to 2005 Vibe

Saab: 2005 9-2X

Subaru: 2003 to 2005 Baja, Legacy, Outback; 2004 to 2005 Impreza, Impreza WRX, and Impreza WRX STI

Toyota: 2002 t0 2005 Toyota Corolla and Sequoia and 2003 to 2005 Matrix and Tundra

The Reason for the Recall

The problem with the affected airbags is a dangerous propellant. There is a high likelihood of an airbag exploding when it is deployed in an accident. An exploding airbag will often result in metal parts being sprayed into the cabin of the vehicle. The metal parts are from the casing and can potentially lead to an injury to the driver or passenger. Humidity was identified as an issue because moisture might make the propellant more combustible.

A nationwide recall is being urged because there are vehicles experiencing this issue that are outside of high humidity areas. States which are affected include Hawaii, Florida, California, North Carolina, Puerto Rico, and the Virgin Islands.

Automakers are currently evaluating the request by the NHTSA. The recall is only for the airbag that is on the driver's side of the vehicle. It does not affect passenger-side airbags. This is because these airbags use a different design and no tests have indicated a problem exists.

However, some automakers have issued a limited recall of passenger-side airbags to high humidity areas. A few lawmakers have expressed criticism of this decision and insist more is needed as regional recalls from automakers are no longer sufficient. A simple reason might be that people can use their cars to travel out of their states to more humid areas. If you believe you or someone you know may have been injured by a defective air bag then it may be beneficial to speak to an experienced car accident attorney.


By George Malonis

_____________________________________________________________________

Car Accident Checklist for Massachusetts

Car accidents occur on a daily basis in the United States. In fact, close to 4 million people are injured in car accidents each year. 35,000 people died in car accidents in 2013 alone. For teens, these numbers should be particularly alarming as teen drivers are three times as likely to be in a fatal accident compared to other drivers. Aside from age, location can increase the likelihood of being in a car accident also. There are 30% more car accidents along rural roads compared to urban roadways. Whether young or old, on a rural road or city street, any car accident should be handled in a specific way. There are steps every driver should follow and be aware of in the event of any kind of car accident.

1.    Assess Medical Needs and Get Help. The very first thing anyone in a car accident should do is assess if people involved need medical help. If anyone is injured or there is the potential for unseen injuries, such as a head injury, call 911 immediately.

2.    Get Out of Harm’s Way. If a vehicle is still in the roadway, it could get hit again as can any victims in the roadway. You should try to move any vehicle that can be moved off the road and out of the way for the safety of everyone around. Many people become victims in chain reaction crashes because of accidents that are not cleared as they should be.

3.    Call Police. Once everyone is securely off the road and medical help is on the way, call the police. You will want to be clear about the exact location and nature of the scene, such as how many vehicles and type of crash that needs to be assessed. When calling police, do not verbally assign blame or opinions about culpability. Let police assess the scene on their own.

4.    Cooperate and Exchange Information. The police will assess the damages and file a report as to what occurred. It is up to you to get the other driver’s information to protect yourself. This information should include contact information, insurance information, address, and also contact information for witnesses. When exchanging this information and talking to police on the scene, it is important to remember that you should not verbally accept blame even if you were at fault.

5.    Take Notes of Your Own. Even though police are skilled and trained as to how to assess and report on an accident scene, they are human. Plus, it will be you, not the police, who needs to worry about damages and any potential fight with an insurance company. The best way to protect yourself, your rights, and ensure the case is handled fairly is to document the facts yourself. Do not rely on your memory later, especially if you are injured. Memories can change and be difficult to decipher within hours of an accident. Whether it was minor or major, you need to write down your own version of events as soon as it is safe to do so.

6.    Contact Your Insurance Company. After getting to your destination safely and documenting the events, contact your insurance company and explain the situation. They will explain the time frame for dealing with damages and also what all may happen as a result of the accident.  While you should let them know everything, you should not discuss a settlement with your or the other driver’s insurance company just yet. Too many people agree to a settlement or openly admit culpability when they shouldn’t.

7.    Contact a Car Accident Attorney. It is never a good idea to accept a settlement or admit being at fault without the guidance and support of a skilled car accident attorney. An attorney can best evaluate the situation and evaluate what kind of damages are possible. A car accident attorney by your side can greatly increase the chances of getting a fair settlement that will cover medical care and other expenses related to the car accident.

Being prepared for a car accident by having an emergency kit and roadside kit on hand is wise. However, being prepared will not always prevent a car accident from happening. Knowing the proper steps to take in the event of an accident is the best way to ensure your safety and the safety of others on the road. 


By George C. Malonis


___________________________________________________

General Practice Law Firm for Lowell and Dracut Massachusetts

The law firm of George C. Malonis is a general practice law firm that focuses on obtaining justice and resolutions for Massachusetts and New Hampshire residents who need it most. With over 20 years of experience, and a highly trained and knowledgeable support staff, George C. Malonis works tirelessly to get the results you need and deserve. Attorney Malonis offers affordable and individualized representation because he and his staff believe everyone, from all walks of life and all financial backgrounds, deserves to have their rights fought for and protected. With dedication to the local community, Attorney Malonis can provide skilled and aggressive representation for a variety of legal situations or areas with a focus on:

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•     Family Law
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Experience & Dedication

George C. Malonis is a member of both the Massachusetts and New Hampshire Bar Association, and also a member of both the Massachusetts and New Hampshire Trial Lawyers Association. With his experience, dedication to righting any wrong, compassion, empathy, knowledge, and unwavering support for those he represents, George C. Malonis is the right choice for any Massachusetts or New Hampshire resident in need of legal representation. He will go the extra mile, take the time needed to get to know the specifics of your case, and provide timely and comprehensive representation and advice. With George C. Malonis and his staff in your corner to help navigate your case and guide you through the legal progress, you can rest assured you will get the best possible resolution and your rights will be protected every step of the way.