In most rear-end collisions, the driver in the back is seen as at fault. However, under Massachusetts’ no-fault insurance system, each driver’s insurance covers their medical expenses and lost wages, regardless of who was at fault.
Under this system, drivers are required to carry Personal Injury Protection (PIP) coverage, which pays for these costs up to a certain limit. If injuries are severe or medical costs exceed a specific threshold, you may file a lawsuit against the at-fault driver for additional compensation. An experienced rear-end car accident lawyer in Boston will review your options.
Identifying the At-Fault Party in a Rear-End Accident in Massachusetts
Identifying the at-fault party in a rear-end accident can impact your ability to seek compensation. Even though Massachusetts has no-fault insurance, you may still need to prove who was at fault if the accident caused serious injuries or high medical costs.
If the other driver is found responsible, you may be able to recover additional compensation for pain and suffering, property damage, and other losses beyond what your insurance covers.
Any of the following parties may be responsible for causing a rear-end crash:
- The other driver: The other driver is typically considered at fault because they are responsible for maintaining a safe distance from the vehicle in front of them. If they are following too closely or are distracted, they may not have enough time to react when the car ahead slows down or stops.
- Vehicle manufacturer: A vehicle manufacturer can be held at fault for a rear-end collision if there is a defect in the car that contributed to the accident. For example, if the vehicle has faulty brakes that fail to work properly, the driver may not be able to stop in time to avoid hitting the car in front.
- Vehicle maintenance provider: A vehicle maintenance provider can be at fault for a rear-end collision if their failure to properly service the car leads to an accident. For instance, if a mechanic neglects to fix faulty brakes or doesn’t replace worn-out tires, the driver may not be able to stop safely, resulting in a rear-end crash.
- Local government: The local government can be at fault for a rear-end collision in Massachusetts if poor road conditions or inadequate traffic signals contribute to the accident. For example, if a road has potholes, debris, or inadequate signage, it can make it difficult for drivers to stop safely.
- Passengers: If a passenger is distracting the driver by arguing, making sudden movements, or encouraging risky behaviors, it can lead to an accident.
A Boston car accident lawyer will investigate the scene, collect evidence, and review the available documentation to identify the at-fault party. Your attorney may use a traffic camera or body cam footage if available. Canvassing nearby businesses for surveillance footage can also help build your case.
Massachusetts Has No-Fault Insurance Laws
Massachusetts has no-fault insurance laws, which means that after a car accident, each driver’s own insurance company pays for their medical expenses and lost wages, regardless of who caused the crash.
Drivers have to carry Personal Injury Protection (PIP) coverage, which helps cover these costs up to a certain limit. The no-fault system is designed to simplify the claims process and ensure that drivers receive timely support after an accident.
Stepping Out of the No-Fault System
In Massachusetts, you can file a lawsuit against the at-fault driver if your injuries meet certain thresholds. To step outside the no-fault auto insurance system, you must have incurred at least $2,000 in reasonable medical expenses as a result of the accident.
Additionally, the injuries must meet certain criteria, such as resulting in permanent and serious disfigurement, a fractured bone, or a substantial loss of hearing or sight. If you meet these conditions, you can pursue legal action to seek compensation beyond what your no-fault insurance covers.
What Is the Main Cause of Rear-End Crashes in Massachusetts?
Distracted driving is the main cause of a Massachusetts rear-end collision. When drivers take their eyes off the road, even for a few seconds, they risk not noticing when the car in front of them slows down or stops.
Busy areas like the Mass Pike and the Northern Expressway see a high volume of vehicles, making distractions even more hazardous. When drivers take their attention away from the road, the risk of accidents increases dramatically.
Common distractions while driving include:
- Texting
- Using a GPS
- Talking on the phone
- Eating while driving
A distracted driving accident lawyer in Boston will investigate the cause of the crash. They will review police reports and interview witnesses to see if the other driver was distracted at the time of the crash. The lawyer may also inspect the scene of the crash and examine damage to the vehicles.
Consult a Rear-End Collision Lawyer in Massachusetts
The financial challenges you face as a motorcycle accident victim shouldn’t stop you from getting the help you need. At Jason Stone Injury Lawyers, we work on a contingency fee basis, which means you don’t have to pay anything upfront. We only collect a percentage of your settlement or compensation if we win your case. This is Our Stone Cold Guarantee®.
Working with an experienced car accident lawyer from our team will provide you peace of mind. We will review your options for compensation and handle your claim so you can focus on getting better. Call today for a free consultation.
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