Car Accident Laws in the State of Massachusetts
The law in Massachusetts says you must have minimum car insurance coverage before driving your vehicle on Massachusetts roadways.
While every state may have varying degrees of car accident laws, almost every state has the same foundation of laws regarding car accidents, such as the state of Massachusetts.
Massachusetts’s car accident laws are the same as car accidents in any other state. However, the specifics of Massachusetts laws could vary. For this reason, if you are in a car accident, you may have to call on the services of a negligent car accident attorney to help you win compensation from the other negligent driver.
Massachusetts has specific vehicle insurance guidelines you must be aware of before driving. Your attorney helps you prove fault and recover damages caused by the other driver.
Metropolitan areas of any state increase the risk of car accidents due to the increased number of drivers. For instance, Springfield poses a higher risk of car accidents because there is an extensive populace of 0ver 153,000. You must know how to drive in Springfield to prevent your risk of an accident.
Car accidents do not happen unless there is negligence involved, and it takes the expertise of a seasoned negligent accident attorney to identify if there was negligence involved.
What Do You Do after a Car Accident in Massachusetts?
Never leave the scene of an accident in Massachusetts unless it is to seek help. You will face a fine and possibly significant time in jail.
If you are in a car accident, take the following steps, or appoint a friend, family member, or witness to do these things for you.
- The first thing to do is call 9-1-1 for assistance and an ambulance if there are injuries. Massachusetts law says you must report an accident, making it a good idea to call the police.
When speaking with other drivers, witnesses, police, medical personnel, or anyone else, never admit fault for the accident because you may be innocent.
Never use phrases like,
“I am sorry for this accident.”
“I could have caused this accident, or I may be at fault.”
Words like this can harm your compensation case, making you sound like the guilty party versus the innocent driver.
- Render reasonable help to the injured if possible.
- Exchange vital information with other drivers and witnesses, such as name, address, insurance company, driver’s license, registration number, phone numbers
- Taking pictures of your accident scene or having someone do this for you is vital.
- Seek medical assistance. Please allow a doctor to check you to ensure you have no injuries. Even though you do not believe you were hurt, side effects from a car accident can appear days or weeks after your accident.
You will have a medical report on how you were checked after your accident. You need to get copies of your police and hospital reports, one for you and one for your attorney.
- The police will make an extensive report that includes death or injuries resulting from the accident.
- Call your negligent accident attorney in Springfield, MA. Sometimes your attorney may be able to meet you at the accident site and gain firsthand knowledge of what happened.
- Report your car accident to your insurance agent.
- You must file a compensation claim as soon as possible, and you will need your attorney to help you with this process.
- When you hire a negligent attorney for a car accident, you can refer all attorney calls, insurance calls, witness calls, and other people involved in your accident to your attorney. You do not have to take these calls. Our goal for you is to rest and heal.
- Insurance companies may attempt to call and offer you a less-than-appropriate compensation settlement, but do not take it until you speak with your attorney.
- Document everything you can think of regarding your accident while the information is fresh in your mind.
- Keep a list of all the money you pay related to your accident.
Common Car Accident Injuries
Injuries sustained from a car accident can be no injuries to life-changing, debilitating injuries, and death. Having an attorney review your case and fight for your rights are vital.
You cannot fight other attorneys and insurance companies without the help of a seasoned attorney. The guilty party and the insurance company have their legal team.
If you do not hire a seasoned negligent accident attorney, you will not win the compensation you deserve, or perhaps your case will be dismissed. Never attempt to represent yourself in court; you will not win a just settlement.
Common Car Accident Injuries
Your attorney investigates every facet of your accident, such as,
- Speed involved
- Seat belt use or non-use
- Road Conditions
- Neglect about automotive recalls
- Non-insured motorists
- Broken bones
- Brain injuries
- Spinal injuries
Economical, Non-economical, and Punitive Damages
- Economic Damages
Your attorney can assign a dollar amount to the money you lost due to your accident as wages, medical bills, therapy bills, medical travel expenses, damage to property, loss of vehicle, and more.
- Non-economic Damages
Your attorney cannot attach a dollar amount to this kind of loss. For example, no dollar amount can replace this loss if a spouse or child is killed in a car accident, pain and suffering, emotional stress, relationship breakdowns, and more.
- Punitive Damages
Punitive damages are awarded to the guilty party to punish that person. For example, if the guilty person was driving while under the influence of alcohol or drugs and caused you harm. Punitive damage takes your attorney’s expertise to examine if the guilty person’s actions were grossly negligent, intentional, or outrageous.
Your Attorney Determines Fault
Your seasoned attorney has the expertise to help you win your case; you cannot successfully do this on your own because negligent accident cases can become complex and complicated.
Every driver on the road has a legal duty to keep other drivers safe by driving responsibly. For example, if you drive at an excessive speed and it causes someone to have an accident, you failed your duty to keep other drivers safe. This negligent driver had a breach of duty.
This failure results in negligence, and it takes your attorney’s expertise to prove this fact in a court of law. Your attorney’s responsibility is the following.
- Did another driver breach their duty of safety?
- Prove that the negligent driver breached a duty. Examples of causing a car accident by a breach of duty could be, texting while driving or talking on the phone, watching a video, reading, falling asleep at the wheel, running a red light or stop sign, speeding, or being under the influence of alcohol or drugs.
- Your attorney must prove that your injuries and property loss were due to the negligent driver doing something that distracted their driving. And, if it were not for this negligent action, you would not have been injured or suffered the loss.
- If the driver causing your accident was clearly guilty, their attorney might try to prove that you must share part of the blame for your accident. This decreases your compensation award.
- Massachusetts law says you have five days from the day of your accident to file an accident report.
- Generally, MA law says you have up to three years from the accident date to file an injury claim for compensation. Your MA attorney can help and direct you through the process.
It is good to know that the state of Massachusetts is a no-fault state. This means that no matter who caused your accident, PIP or your Personal Injury Protection pays these accident expenses for the following:
- Anyone driving your car
- Anyone living in your household
- Any passengers in your car
- Any pedestrians involved.
Accidents Involving the Government
Trust your seasoned attorney to win a negligent car accident case. You must take additional steps, and your attorney can help you with them. If your vehicle was hit by a government/public vehicle, your statute of limitations says you have one year to file a compensation claim. This one year starts on the date of your accident.
- You must file a compensation claim with the Massachusetts Attorney General and the Clerk of the Court of Claims.
This form includes your name, address, date and time of your accident, location of the accident, description of the accident, and the name and address of the attending doctor. You then have two years to file a lawsuit with the Court of Claims. Massachusetts Law allows you one year to file this claim.
Leading Negligent Car Accident Attorneys in Springfield, MA
Our esteemed, seasoned, licensed, and skilled negligent accident attorneys handle personal injuries, car accidents, wrongful deaths, and medical malpractice.
If you are a resident of Springfield, MA, or surrounding areas, please immediately call our Springfield, MA, car accident lawyer when you are involved in a car accident. Time is of the essence.
We can advise you of the statute of limitations in Massachusetts and the deadlines for filing various forms. Generally, you have three years to file, but filing your claims as soon as possible is vital to the success of your case.
In some instances, these three years may be waived. Do not take this chance. We communicate with insurance companies and other attorneys, so please refer all calls about your accident to our attorneys.
Never try to fight for your right to compensation in court without your attorney by your side. Without an attorney, the guilty party may try to prove that you were the guilty party, not the innocent party.
If you have been in a car accident and need compensation, call us as soon as possible so we can get to work for you. We want to protect your rights and get you fair and just compensation.
Your first call to us is free and presents no obligation. We want to hear your story and help you sort out the facts of your unfortunate accident. We will come to you if you cannot come to our office. You do not pay us a fee unless we win your settlement case. We have a fantastic track record for winning negligent car accident case settlements. We want to help you through this ordeal.