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Auto Accident Attorney in Massachusetts

Auto Accident Attorney in Massachusetts 

Massachusetts  is a “comparative fault” state. In Massachusetts , every auto driver is financially liable for any accident in which they are deemed to be more than 50% at fault. Drivers are required under Massachusetts  State Law to purchase Auto Accident Insurance Liability Insurance to offset this risk.

Massachusetts  has the highest rate of road death fatalities in the United States. With Auto Insurance premiums at an all-time high and no end to the road chaos, there is plenty of work for the estimated 1,265 Auto Accident Attorneys in Massachusetts .

Minimum Massachusetts  Car Insurance Cover

Massachusetts  auto drivers are required by State Law to hold the following auto insurance cover as a minimum: Bodily Injury Liability: $30,000 per person and $60,000 per accident. Property Damage Liability: $25,000. Personal Injury Protection (PIP): $2,500.

These are the minimum amounts required under Massachusetts  State Law and most auto insurance policy holders opt to increase their level of Auto Accident Insurance cover with the following optional Massachusetts  insurance extras

  • Liability Coverage
  • Collision and Comprehensive Coverage
  • Medical Payments and Personal Injury Protection (PIP) Coverage
  • Uninsured/Under-insured Motorist Coverage
  • Mexico Coverage
  • Rental Reimbursement and Towing Coverage
  • Negligence Law

Who Pays in a Car Accident in Massachusetts 

Massachusetts  is a “comparative fault” State. This means you are financially liable for any accident in which you are deemed to have caused by being more than 50% at fault. If the other party is deemed to be more than 50% at fault it is their insurance policy that must pay compensation.

Depending on your level of cover you can be sued personally if an award is made against you that’s above your auto insurance policy limits

Who does an Auto Accident Attorney in Massachusetts  Sue?

Massachusetts  is a highly litigious state with the worst accident injury rates in the whole of the United States. An auto accident attorney can be hired to sue:

  • another party if you believe they have caused you injury
  • your own insurance company to maximize a direct compensation payout
  • an auto accident attorney in Massachusetts  can also defend you against criminal charges

How many Auto Accidents in Massachusetts 

Over 3,700 people are killed in auto accidents in Massachusetts  each year, with an average year on year increase of 7.3% in motor vehicle traffic fatalities, according to the Massachusetts  State Government

The fatality rate on Massachusetts  roadways for 2018 was 1.44 deaths per hundred million vehicle miles traveled. Representing a 2.12% decrease from 2017.

254,415 persons were injured in motor vehicle accidents in Massachusetts  last year. Pedestrian fatalities totaled 699 in 2018. This is a 8.11% year on year decrease.

Road Deaths in Massachusetts  2019

  • 1 person is killed every 2 hours and 28 minutes
  • 1 person is injured every 2 hours and 11 minutes
  • 1 auto accident occurs every 42 seconds in Massachusetts 
  • 568 motorcyclists killed in 2017. 52% were not wearing helmets
  • Massachusetts  saw 565 people killed in head-on collisions in 2018.
  • There were no deathless days in Massachusetts  roads last year.
  • July was the deadliest month with 388 persons killed in Auto Accidents in Massachusetts 

What do you do after a car accident in Massachusetts ?

Experiencing an auto accident is a stressful time. Thoughts become irrational as the adrenaline kicks in, helping accident victims deal with these hugely stressful incidents. These are the 8 things to do immediately following an auto accident in Massachusetts .

  1. Check for injuries and stay calm
  2. Dial 911 for the emergency services
  3. Do not leave the scene of the accident
  4. Follow police instructions but do not admit guilt or answer questions
  5. Gather information, shoot video and take photos
  6. Call your insurance company
  7. Follow medical instruction
  8. Contact an auto accident attorney in Massachusetts 

Is Massachusetts  a Litigious State for Auto Accidents

Court Cases involving an Auto Accident Attorney in Massachusetts  made up the largest share of the Massachusetts  Court system costs, according to the State Government.

There are over 1,200 Auto Accident Attorneys in Massachusetts  with specializations including

  • Small vehicle accident attorney
  • Truck Accident Attorney in Massachusetts 
  • Massachusetts  Auto Accident Attorney Generalist
  • Massachusetts  Insurance Auto Accident Attorney
  • Personal Injury Attorney in Massachusetts 
  • Commercial Vehicle Auto Accident Attorney in Massachusetts 
  • Uber Auto Attorney in Massachusetts 
  • Lyft Auto Accident Attorney in Massachusetts 

Massachusetts  Statute of Limitations in Auto Accidents

The statute of limitations for a car accident in Massachusetts  is two years from the date of the car accident (Sec. 16.003). The Massachusetts  two-year statute of limitations applies to all claims made by drivers, passengers, pedestrians, truck drivers and motorcyclists. The clock starts ticking on the day of the accident and not the day you consult an auto accident attorney in Massachusetts .

How long does an insurance company have to settle a claim in Massachusetts ?

  1. Your insurance company must acknowledge your claim within 15 working days
  2. Within this 15 day they should request any further information from you
  3. Insurance companies in Massachusetts  may extend this 15 days by a further 45 days and inform you of their reason
  4. Generally, if an insurance company extends the 15-day time frame clients will consult an auto accident attorney in Massachusetts .
  5. There is no time frame for your insurance company to settle the claim. On average it takes between 3 and six months.
  6. Once approved, your claim must be paid within 5 days
  7. If the claim involves a weather event or natural disaster a Massachusetts  insurance company may take 45 additional days to approve or deny your claim and 15 additional days to pay your claim.
  8. An auto accident Attorney in Massachusetts  may help speed up your compensation payout, or may delay proceedings to maximize your payout.

How much car insurance do I need in Massachusetts ?

  • Bodily Injury Liability: $30,000 per person
  • $60,000 per accident
  • Property Damage Liability: $25,000
  • Personal Injury Protection (PIP): $2,500.

These are not high minimums. In a more severe auto wreck accident, the Massachusetts  Statutory minimum insurance levels may prove to be inadequate.

If you are judged to be more than 50% at fault in a Massachusetts  car accident the other side may hire an attorney to personally sue you for any difference between their financial compensation award and the insurance policy limits.

Is Massachusetts  a no-fault state

Massachusetts  is not a no-fault state. Some states in the USA require a no-fault insurance policy, often known in Massachusetts  as PIP.  Every driver in Massachusetts  is required to hold auto insurance to cover expenses for the other driver in the event of an accident.

Insurance Payout Limits in Massachusetts  for Personal Injury

Massachusetts  uses 50 percent modified comparative negligence laws, so the court decides how much each party in an accident is at fault. You can claim damages from the other party if your level of fault does not exceed theirs.

However, your damages will be also be reduced according to your apportioned level of fault.

Massachusetts  Auto Attorney Insurance Claims Rights

According to the Massachusetts  Bill of Consumer Rights (Order No. 12-0862), you have the right to be treated fairly, honesty and with respect when you make a claim. If you believe you are being treated unfairly by your insurance company, make a complaint to the TDI in Massachusetts  and consult an auto accident attorney in Massachusetts  with immediate effect.

Over 72% of Auto Accident Attorneys in Massachusetts  are hired to fight an individual’s own insurance company for a better deal.

Massachusetts  State Auto Accident Demographics

Massachusetts (/ˌmæsəˈtʃuːsɪts/ (listen), /-zɪts/), officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the northeastern United States. It borders on the Atlantic Ocean to the east, the states of Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York to the west. The state is named after the Massachusett tribe, which once inhabited the east side of the area, and is one of the original thirteen states. The capital of Massachusetts is Boston, which is also the most populous city in New England. Over 80% of the population of Massachusetts lives in the Greater Boston metropolitan area, a region influential upon American history, academia, and industry. Originally dependent on agriculture, fishing and trade, Massachusetts was transformed into a manufacturing center during the Industrial Revolution. During the 20th century, Massachusetts’s economy shifted from manufacturing to services. Modern Massachusetts is a global leader in biotechnology, engineering, higher education, finance, and maritime trade.[failed verification]

Plymouth was the site of the second colony in New England after Popham Colony in 1607 in what is now Maine. Plymouth was founded in 1620 by the Pilgrims, passengers of the Mayflower. In 1692, the town of Salem and surrounding areas experienced one of America’s most infamous cases of mass hysteria, the Salem witch trials. In 1777, General Henry Knox founded the Springfield Armory, which during the Industrial Revolution catalyzed numerous important technological advances, including interchangeable parts. In 1786, Shays’ Rebellion, a populist revolt led by disaffected American Revolutionary War veterans, influenced the United States Constitutional Convention. In the 18th century, the Protestant First Great Awakening, which swept the Atlantic World, originated from the pulpit of Northampton preacher Jonathan Edwards. In the late 18th century, Boston became known as the “Cradle of Liberty” for the agitation there that led to the American Revolution.

The entire Commonwealth of Massachusetts has played a powerful commercial and cultural role in the history of the United States. Before the American Civil War, Massachusetts was a center for the abolitionist, temperance, and transcendentalist movements. In the late 19th century, the sports of basketball and volleyball were invented in the western Massachusetts cities of Springfield and Holyoke, respectively. In 2004, Massachusetts became the first U.S. state to legally recognize same-sex marriage as a result of the decision in Goodridge v. Department of Public Health by the Massachusetts Supreme Judicial Court. Many prominent American political dynasties have hailed from the state, including the Adams and Kennedy families. Harvard University in Cambridge is the oldest institution of higher learning in the United States, with the largest financial endowment of any university, and Harvard Law School has educated a contemporaneous majority of Justices of the Supreme Court of the United States.Kendall Square in Cambridge has been called “the most innovative square mile on the planet”, in reference to the high concentration of entrepreneurial start-ups and quality of innovation which have emerged in the vicinity of the square since 2010. Both Harvard University and the Massachusetts Institute of Technology, also in Cambridge, have been ranked among the most highly regarded academic institutions in the world. Massachusetts’ public-school students place among the top tier in the world in academic performance, and the state has been ranked as one of the top states in the United States for citizens to live in, as well as one of the most expensive.

Can someone sue you for a car accident if you have insurance in Massachusetts ?

If your insurance policy does not cover the amount awarded to the other party you may find yourself in a lawsuit regardless of whether you held car insurance. For this reason many auto accident attorneys advocate the purchase of premium cover and under-insurance ‘gap’ policies.

Do I call my insurance if it’s not my fault?

You must report any damage to your vehicle or personal injuries to yourself or others to your insurance provider immediately. Your insurance company will help file a claim against the other party and start the process of compensation.

Also contact an auto accident attorney in Massachusetts  for a Free Consultation and Claim Evaluation

How long do you have to file an accident report in Massachusetts ?

You must file an accident report with the Massachusetts  Department of Transport within 10 days of the auto accident. The report should be on form CR-2 available here and can be filed by you, your insurance company or your auto accident attorney in Massachusetts 

Do I need an Auto Accident Attorney in Massachusetts ?

An Auto Accident Attorney is not required for every case. For example, cases with minor injuries, soft tissue damage or ‘fender benders’ may not require a specialist auto accident attorney in Massachusetts .  In more severe personal injury cases you need an expert specialist attorney to protect your interests, regardless of whether you have one appointed for you by your insurance company.

Average Auto Accident Payout in Massachusetts 

The average car accident compensation settlement in Massachusetts  is $22,887 in 2018, according to the Massachusetts  bureau of Statistics. The average auto accident payout by using an auto accident attorney in Massachusetts  was $44,887.

Hit by a Drunk Driver in Massachusetts 

In the United States 32 people die every day from vehicle accidents that involve a drunk driver. A drunk driver could face criminal charges from the state of Massachusetts  and civil charges from the injured parties.

Convictions for criminal charges can result in fines, jail, rehab and community service. A civil Court case could force the drunk driver to financially compensate victims.

If you’ve been hit by a drunk driver in the State of Massachusetts  check out our list of Auto Accident Attorneys in your area who are experts at DUI auto accidents.

Massachusetts  is a pure negligence state and you are free to lodge a lawsuit against a drunk driver who caused you or a loved one personal injury.

Filing a civil lawsuit in Massachusetts  against a drunk driver will require that you prove them responsible for your injuries. An experienced auto accident attorney in Massachusetts  will need to demonstrate beyond reasonable doubt that:

  1. The other driver owed you a duty of safe travel as you shared the road.
  2. The driver breached his or her duty by an act of negligence (e.g. drunk driving).
  3. The driver’s negligent act caused injury to you in the form of a car accident
  4. The injuries caused you to suffer specific, quantifiable damages.

Take our online Compensation Checker to find out from an auto accident attorney in Massachusetts  how much compensation you could expect if you’ve been injured by a drunk driver.

Car Accident Lawyer in Massachusetts

What Damages can I claim for after a Massachusetts  Car Accident?

  • Medical Costs
  • Lost Wages
  • Pain & Suffering
  • Diminished Earning Capacity
  • Non-economic Damages

How do I calculate Pain and Suffering in Massachusetts 

Massachusetts  uses a multiplier to work out the amount of compensation to be paid as a result of pain and suffering. For example, if your case is worth $40,000 in specific damages, but your pain and suffering has a multiplier of five for temporary brain damage, the total amount payable will be $200,000 in non-economic damages.

Will an Auto Accident Attorney in Massachusetts  increase my Pain and Suffering Payout

An experienced auto accident attorney in Massachusetts  will be instrumental in pushing up both specific damages and the pain & suffering multiplier. As can be seen in the example, both elements are key to securing the financial compensation package you deserve.

Average Whiplash Settlement in Massachusetts 

Massachusetts  does not have whiplash settlement guidelines though mild to moderate whiplash claims can result in a compensation payout from $2,500 to $10,000 worth of compensation. For severe whiplash claims in Massachusetts , expect this figure to rise over the $22,000 level.

Can I Sue Uber or Lyft in Massachusetts 

If you’ve sustained injuries in an Uber, Lyft or other ride-sharing accident you may be entitled to financial compensation from the “at-fault” driver and their insurance company.

If your accident involved an Uber, Lyft or ride share driver who was “on-the-clock” when the accident occurred, you likely won’t make a claim on the driver’s own insurance policy. Instead, the insurance policies of the ride share companies should cover your personal injuries and damages.

Take the following steps if you’ve been involved in an accident with an Uber, Lyft or Ride share Driver either as a passenger or other road user.

  1. Report your Accident Immediately to Police and Uber. File an insurance claim directly with Uber.
  2. Seek Medical Attention. Some injuries can take days or weeks to become fully apparent and a proper diagnosis will help to strengthen your compensation case.
  3. Speak to an auto accident Attorney in Massachusetts  for a free consultation

Where do most Auto Accidents happen in Massachusetts 

According to the Massachusetts  Department of Transport most recorded car incidents requiring the use of an auto accident attorney in Massachusetts  happen in the following places:

(List of all areas in Massachusetts  with more than 40,000 people)

Get an Auto Accident Lawyer in Massachusetts  because the State Legal System is Complex

The Massachusetts  legal system is complex and navigating Massachusetts  personal injury law is not something which can be mastered while focusing on your own rest, recovery and rehabilitation. Using an auto accident Attorney in Massachusetts  should help reduce stress and maximize your financial compensation payout.