Massachusetts

Car Accidents in Massachusetts

Laws surrounding car accident claims and civil lawsuits differ from state to state. If you were injured in a traffic collision in the State of Massachusetts, you will want to know what laws and statutory deadlines are at play so you don’t miss out on any of the compensation you may be owed.

Visitors to the state as well as locals should know their rights and responsibilities after a car accident in Massachusetts. Car accidents in Massachusetts are governed by a no-fault legal presumption, which may influence how your liability is calculated, and offers from your insurance company after an accident may differ here than in other states.

Our team of diligent car accident attorneys at CarAccident.Law can review your situation and offer advice on how to proceed after a crash in Massachusetts. Don’t leave money on the table after an insurance offer. Get the help you need from our expert attorneys.

Massachusetts Car Accident Statistics

Over the last four years, there have been a total of 528,486 car crashes throughout the State of Massachusetts. Of these accidents, 1,517 were fatal to at least one party involved. Even non-fatal accidents can still cause severe injury, however. There have been 123,336 non-fatal motor vehicle accidents with severe or moderate injuries reported in the State of Massachusetts. Finally, according to recent MassDOT data, there were at least 375,091 accidents over the past four years that caused property damage.

Unfortunately, Massachusetts is on track to see just as many, if not more accidents in 2023. There have already been nearly 30,000 accidents reported to Massachusetts state and local police as of April 2023. Of these accidents, 91 have involved a fatality. And of all reported Massachusetts car accidents in 2023, at least 477 have involved pedestrians.

While speeding has been the main cause of car accidents in Massachusetts for years, distracted driving is now on the rise as a common cause of auto collisions in MA. In fact, distracted driving has taken on new significance nationwide, as smartphones have become a ubiquitous item, even in the front seat of the car. In the United States, an average of 8 to 9% of all fatal car accidents are attributed to some form of distracted driving. Approximately 3,000 people lose their lives annually due to distracted drivers, or being distracted themselves as a pedestrian or while behind the wheel.

According to police reports, the following distractions caused a significant number of car accidents in Massachusetts between 2019 and 2022:

• Manually operating an electronic device such as a cellphone, smart phone, tablet, or navigational device – 3,666 accidents
• Talking on a hands-free electronic device – 83 accidents
• Talking on a handheld electronic device – 205 accidents
• Other operations on a handheld electronic device – 1,016 accidents
• Non-electronic device related distracted activity, such as personal grooming, eating, looking for objects, and/or cognitive distractions such as worrying, daydreaming, and more while driving – 4,780 accidents
• Passenger distractions, such as sudden movements or talking – 586 accidents
• Distractions from outside of the vehicle, such as animals, pedestrians, signage, other cars, and more – 2,825 accidents

Reporting Requirements

Chapter 90, Section 26 of Title XIV requires the submission of a police report after certain Massachusetts car accidents. While most legal professionals will advise you to always file a police car accident report after any incident on the roadway, Massachusetts law only requires that accident reporting take place under qualifying circumstances.

Specifically, if you are the driver of a car or motor vehicle that has been involved in accident where another person was killed or injured, or where the property damage exceeds $1,000, you must file a Massachusetts car accident report form with the registrar and police department of the district where the accident took place.

Exceptions may apply in the event that the driver is physically incapable of making said report within 5 days of the accident. However, if the driver was not the owner of the car involved in the collision, the owner of the car is obligated to make a police report within the 5-day period, even though they weren’t there for the accident. Failure to report an accident can lead to the revocation or suspension of your driver’s license.

Because the extent and cost of property damage can be difficult to estimate at the scene of a Massachusetts car accident, it is recommended to make a report at once to avoid incurring liability after the 5-day period has expired.

Additionally, memories can fade and contact information can be easily lost. Filing a police report immediately after an accident can not only satisfy the Section 26 reporting requirement, but also preserve your account of the situation in the event that you need to escalate your insurance claim.

Responsibility for the Vehicle and the Severity Threshold

Chapter 231, Section 85B of Title II deals with presumption of responsibility, or liability, for a Massachusetts car accident. In any action to recover damages after a motor vehicle crash, whether an insurance claim or civil lawsuit, Section 85B specifies that the owner of the motor vehicle involved will be presumed to have been at the wheel or to bear legal responsibility for the car. The absence of such responsibility is an affirmative defense if the car was operated, maintained, or controlled by another party.

Under Section 6D of this same Title II Chapter, Massachusetts state legislators set a threshold requirement to recover damages for pain and suffering after a car accident. In general, the law requires that your medical bills after a car accident total at least $2,000 before you can file a tort action to collect damages for pain and suffering. However, this requirement is waived in the event that the car accident caused any of the following:

• Death
• Disfigurement of a permanent and serious nature
• Partial or total loss of a body part
• Loss of sight or hearing

Mandatory Minimum Insurance

State law requires drivers licensed in Massachusetts to carry certain mandatory minimum levels of no-fault insurance coverage. While you may choose to opt in for additional coverage, the following policies are required by the State of Massachusetts:

• At least $20,000 per person, or $40,000 per accident in Bodily Injury insurance
• At least $8,000 in Personal Injury Protection, or PIP insurance
• At least $20,000 in Bodily Injury caused by an uninsured auto or unidentified hit and run incident (or $40,000 per accident)
• At least $5,000 in Property Damage insurance

What to Do after a Car Accident in Massachusetts

After a car accident in Massachusetts, the first step is always to get yourself and anyone else involved to a safe area. In the event of a highway accident like a collision on 495, I-95, Route 2 or 24, remove yourself to a safe area far on the shoulder if you’re able, or anywhere else where you are sure you’re out of the path of traffic. Seek medical attention at once for yourself and anyone else who may need it – this means calling 911 if someone else hasn’t done so already.

File a police report right away when law enforcement arrives on scene. Do not admit fault for the accident. Calling the police to the scene and getting a written record can help ensure that no one is able to change their story afterwards, and also guarantee that you have proof from a third party about what happened.

You may also want to collect documentation and contact information from witnesses to the accident in case you need help filling in any gaps in your own recollection of the event for a claim later on. For example, eyewitnesses can testify on road conditions, driver behavior leading up the crash, and any possible distractions that might have occurred at a crucial moment.

It is also important to trade information with the other driver involved in the collision. For most car accidents in Massachusetts, you will first file a claim through your own insurance to recover your medical bills, a percentage of your lost wages if you have to miss work, and any damage to your car. However, in the event that you need to file a lawsuit, or file a claim through the other driver’s insurance for any additional costs or damages, you will need their contact information, policy information, and any details about where and how the accident took place.

If you have any questions about any of the above steps, contact CarAccident.Law. Getting an expert on your side can help ensure that you are taken care of every step of the way and can focus on your recovery in the aftermath of a Massachusetts car accident.

Getting Financial Help after a Car Accident

Car accidents are expensive mistakes to make. According to the CDC, fatal car accidents cost Massachusetts a total of $522 million in 2018. After $6 million in medical costs, and $516 million to make up for missing wages and lost employment opportunities, Massachusetts has an average fatal car accident cost that is nearly 6x that of neighboring states like Connecticut, Rhode Island, Vermont, Maine, and New Hampshire. This cost is the highest for car owners, who carry around 62% of the financial burden in Massachusetts fatal car accidents.

For financial help for damages caused by a car accident, your own insurance company is your first line of defense in Massachusetts. Massachusetts mandatory minimum no-fault coverage ensures that all accidents, even those caused by an unidentified or hit and run driver, have some financial assistance available to help bear the burdens that often come with a motor vehicle collision.

For additional financial help after car accident insurance claims have been paid out, you may be able to file a lawsuit to cover your remaining costs. In Massachusetts, you may be able to recover damages which are not covered by insurance by filing a lawsuit against the party who caused the crash, as long as you are less than 51% at fault for the accident. Any responsibility that you bear for the accident will be deducted from your compensatory award in proportion to your assigned percentage of fault. For example, if you are determined to be only 10% at fault for the crash, you might be able to recover up to 90% of your accident-related costs.

CarAccident.Law can get you in touch with a lawyer who is skilled in refuting allegations of shared car accident liability to help ensure you recover maximum compensation in the event of a successful claim.

How to File a Car Accident Claim in Massachusetts

It’s best to let a lawyer guide you through every step of filing car accident claim. An insurance claim is different from a personal injury lawsuit or tort claim, but having a legal expert by your side can help you in settlement negotiations with insurers and in the event that you need to file an insurance appeal.

In order to file an insurance claim, contact your insurer through the number located on your insurance card, or through their website. The insurance representative will be able to guide you through their process to file your claim. You may be required to submit documentation of your medical bills, and of your vehicle damage inspection through a certified mechanic. In Massachusetts, you have the right to request coverage for certain parts for your car’s repair. You may even have the option to collect a payment for the estimated cost of the damage as opposed to footing the bill for certain cosmetic repairs. Regardless of the specifics of your claim, keep documentation of everything. Ask for insurance offers in writing if they are made to you over the phone.

If you have additional costs from the accident, such as higher medical bills, missing wages, or continuing care needs, you may be able to file a civil claim in court to recover those, as well as for your pain and suffering under certain statutory limitations in Massachusetts. Due to different filing deadlines and requirements that may apply in any given situation, initiating the civil claims process for a car accident in Massachusetts is best left up to a lawyer. We can connect you with the best attorney for your case to ensure the job is done right.

Finding a Massachusetts Lawyer for Your Car Accident Case

CarAccident.Law can connect you with the best attorney for your car accident case. The legal experts in our network are available to hear the details of your situation and offer their years of experience in car accident claims to aid in your case. Take all the uncertainty out of car accident in Massachusetts by working with CarAccident.Law. We can advise you on what steps to take after an accident, offer resources to simplify the process, and provide legal assistance along the way.