Car accidents often cause significant trauma and confusion, leaving victims uncertain about their legal rights and responsibilities. In Massachusetts, specific laws govern car accidents, ensuring that victims receive appropriate compensation and that liable parties are held accountable. This article offers an in-depth overview of Massachusetts car accident laws, highlighting essential aspects such as fault determination, insurance requirements, and the legal steps to take following an accident.

Fault Determination in Massachusetts

Massachusetts follows a "no-fault" insurance system, which significantly impacts how car accident claims are handled. Here's what you need to know:

• No-Fault System: Under this system, each driver's insurance company covers their own medical expenses and lost wages, regardless of who caused the accident. This system aims to reduce litigation and streamline the compensation process.
• Personal Injury Protection (PIP): All Massachusetts drivers are required to carry PIP coverage, which pays for medical expenses, lost income, and other expenses up to a certain limit, typically $8,000.
• Serious Injury Threshold: To pursue a lawsuit against the at-fault driver, the injury must meet certain criteria, known as the "serious injury threshold." This includes injuries that result in significant disfigurement, broken bones, or substantial loss of bodily function.

Insurance Requirements

Massachusetts mandates specific minimum insurance coverages for all drivers. These include:

• Bodily Injury to Others: $40,000 for each accident and $20,000 for each person.
• Personal Injury Protection (PIP): $8,000 per person per accident.
• Bodily Injury Caused by an Uninsured Auto: $20,000 per individual and $40,000 per accident.
• Damage to Another Person's Property: $5,000 per accident.

Drivers are encouraged to carry higher limits and additional coverages, like comprehensive and collision insurance, to protect against more significant losses.

Steps to Take Following an Accident

Taking the right steps after a car accident will significantly impact the end result of your claim. Here's a detailed list:

1. Ensure Safety: If you can, get to a safe spot and look for any injuries. Call 911 if anyone is injured.
2. Exchange Information: Collect the names, contact information, and insurance details of all involved parties. Also, gather contact information from any witnesses.
3. Document the Scene: Take videos and photographs of the accident scene, vehicle damage, and any visible injuries. This evidence will be important in supporting your claim.
4. Notify Your Insurance Company: Let your insurance company know about the collision as soon as you can. Give them all the information they need, and assist them completely.
5. Seek Medical Attention: Even if you feel fine, some injuries may not be immediately apparent. A medical evaluation ensures that all injuries are documented.
6. Consult an Attorney: A lawyer specializing in car accident cases will help navigate the complicated legal system, making sure that your rights are protected and maximizing your compensation.

Statute of Limitations

In Massachusetts, you must file a personal injury claim within three years of the accident date. Failing to file within this timeframe can result in losing the right to pursue compensation.

Comparative Negligence

Massachusetts operates under a "modified comparative negligence" rule. Meaning that if you are found to be partially at fault for the accident, your compensation will be lowered by your percentage of fault. For example, your pay will be lowered by 20% if you bear 20% of the blame. However, if you are more than 50% at fault, you might not be able to recover any damages.

Common Causes of Car Accidents

Knowing the typical causes of auto accidents can be beneficial for both avoiding them and pursuing legal claims. Some prevalent causes include:

• Distracted Driving: Texting, eating, or using a GPS while driving can lead to accidents.
• Speeding: Driving above the speed limit affects reaction time and increases the risk of accidents.
• Drunk Driving: Alcohol impairs judgment and coordination, leading to a higher risk of accidents.
• Weather Conditions: Rain, snow, and fog can create hazardous driving conditions.

Compensation for Car Accident Victims

Victims of car accidents in Massachusetts may be entitled to various forms of compensation, including:

• Medical Expenses: Covers hospital bills, rehabilitation costs, and future medical care.
• Lost Wages: Reimbursement for the money you lost due to the inability to work.
• Pain and Suffering: Payment for physical pain and emotional distress caused by the accident.
• Property Damage: Compensation for repair or replacement of the vehicle and other damaged property.

Conclusion

Navigating the aftermath of a car accident in Massachusetts requires a thorough understanding of the state's specific laws and regulations. By familiarizing yourself with the no-fault insurance system, knowing the steps to take after an accident, and understanding your rights to compensation, you can ensure that you are well-prepared to handle the legal complexities of a car accident claim. Consulting with an experienced attorney will further enhance your ability to secure the best possible outcome.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.