Have you been injured in a motor vehicle accident? We can help with your claim. Contact Cutler & Associates.
Massachusetts sees its fair share of car accidents. Sadly, all it takes is a moment to turn an otherwise routine drive into a disastrous situation. You feel shocked after a car accident. Then there's the fallout of healing from your injuries and going to multiple doctor appointments. You can't work, but the medical bills come in nonstop. Now, you might be experiencing rage, fear, or worry. It's difficult to deal with how someone's careless actions interrupted your life. You already have a lot on your plate. Having a Massachusetts auto accident lawyer on your side can help you start over after a life-changing accident.
One of the first car crashes in American history involved a Massachusetts resident named Henry Wells. On May 30, 1896, his vehicle collided with a bicyclist, Evylyn Thomas, in New York City. Car crashes are still prevalent many centuries later.
According to MassDOT, Massachusetts had 135,325 car crashes in 2023. Of these crashes, 324 resulted in fatalities and 30,830 of these accidents resulted in non-fatal injuries.
Unfortunately, car crashes are an integral part of our modern life. So, what do we mean when we talk about car accidents? The simple definition is when at least one moving vehicle collides with another automobile, bicycle, pedestrian, animal, or object. Let's take a closer look at some eye-opening crash data statistics.
Auto accidents are disturbing events which happen all too often. Tens of thousands of people in Massachusetts and throughout the nation suffer injuries and fatalities. The following data paints the picture of just how serious the events are:
These figures remind us that car accidents occur anywhere and anytime. Despite the auto industry's efforts to make cars safer, human error isn't preventable. If people make mistakes, the streets and highways will always be at risk of collisions, injuries, and fatalities.
The victims and their families may suffer long-term effects from auto accidents. Injured individuals may suffer emotional and financial hardships (i.e. medical and rehabilitation costs, and lost pay from missing work). Auto accidents come in various forms like the following:
These crashes happen when the vehicle hits another one from behind. Accidents are often caused by drivers who tailgate, drive while distracted, or face poor road conditions. Serious injuries from rear-end incidents might include whiplash as well as neck and back pain. They may occasionally result in death or disability.
Another name for this collision is a T-bone. This type of crash occurs when a vehicle runs a red light or fails to yield the right of way, causing one vehicle to collide with another from the side. Serious injuries from side-impact collisions may include severe brain injuries, internal bleeding, and fractured bones.
This situation happens when two cars collide head-on or front end to front end. Driver errors, such as driving while intoxicated or falling asleep at the wheel, can cause many head-on crashes. Head-on collisions can be dangerous and may result in fatalities or serious injuries.
These crashes occur when an automobile rolls over onto its side or roof. Weather, inattentive driving, and speeding are the leading causes of rollovers. Rollover collisions can be hazardous because they may result in an explosion or fire in the car.
These accidents occur when a driver loses control and swerves off the road or when an automobile collides with a railing or tree.
Unfortunately, sometimes the victims in the crashes do not survive. According to the National Safety Council’s Injury Facts (NSC), there were 12,200 fatalities that resulted from single-vehicle collisions with fixed or other objects in 2022.
Boston’s urban layout promotes walking and cycling but poses higher risks for pedestrians and cyclists. Lack of visibility and failure to obey traffic signals can cause accidents, especially during early morning or late evening hours. The presence of distracted drivers and inadequate infrastructure for pedestrians and cyclists also exacerbates pedestrian and bicycle accidents in Massachusetts. Additionally, the high volume of traffic in the city can lead to congestion and increased chances of collisions between vehicles and vulnerable road users.
In an effort to reduce these accidents, in April, 2023, Massachusetts passed a new law in which motorists need to leave 4 feet of safe passing distance between their vehicle and pedestrians and cyclists.
The legal and emotional repercussions of hit and run accidents are profound. Victims are left to deal with their injuries and damages without immediate accountability from the at fault party. These accidents can result in serious injuries or even fatalities, as the responsible driver often flees the scene without providing aid. Victims of hit and run accidents may face challenges in identifying and holding the at fault party accountable due to the lack of information or witnesses.
Millions of individuals get hurt in car accidents every year. Car crash injuries range from minor to severe, depending on the impact's severity. Here are some common injuries resulting from car accidents in Massachusetts:
Whiplash is a common injury sustained in car accidents, according to the National Institute of Neurological Disorders and Stroke. Rapid forward and backward head movement can cause whiplash, which damages the tendons and ligaments in the neck and shoulders.
Among the symptoms are:
Whiplash can worsen if not treated properly, but early treatment can help. Chiropractic adjustments or physical therapy are two possible treatments for this injury.
If an airbag fails or a person is ejected from their car as a result of not using a seat belt, they may break their bones. The degree and location of a fracture within the body determine how long it takes to heal. A broken leg, for instance, may take up to twelve weeks to recover, whereas a broken arm may take four to eight weeks.
Among the most severe injuries sustained in a car accident are traumatic brain injuries (TBIs). The CDC classifies three severity levels for TBIs: mild, moderate, and severe. As an illustration, a concussion can be mild.
Moderate-to-severe traumatic brain injuries (TBIs) can cause permanent issues like memory loss, sensory abnormalities, personality changes, or even death. The CDC estimates that in 2019, there were roughly 223,135 TBI-related hospital admissions in the United States.
Symptoms of traumatic brain injuries include:
As you can see, auto accidents in Massachusetts result in injuries that can have catastrophic physical and psychological effects on all persons involved.
It's a normal afternoon in Massachusetts. You're traveling the same path home from work daily in your car. Unexpectedly, another motorist cuts into your lane and crashes into the side of your car. You're feeling rattled. What happens next? These are some practical recommendations to help you in the wake of an automobile accident:
Making a 911 call is the first step. The police and emergency medical services (EMS) will show up. In addition to controlling the accident scene, evaluating injuries, and issuing tickets, the Boston Police Department (BPD) will also file a police report, which may be used as evidence later if you need to make an insurance claim or file a personal injury lawsuit for compensation.
Obtain the contact information of the driver(s) of the involved vehicles and the eyewitnesses (name, address, phone, license, insurance). You will need this information if a lawsuit or insurance claim is necessary.
Take pictures or videos of the accident scene if you are physically able to. Documenting the scene from various perspectives, skid marks on the road, traffic signs, surrounding structures or landmarks, street signs, and anything else provides crucial evidence for your car accident claim.
You should get checked out even if there are no visible injuries following an auto accident. Certain serious illnesses, such as whiplash, concussion, internal bleeding, or traumatic brain injury, do not always show signs right away. Furthermore, you will need medical records as evidence if you pursue a claim. It’s important to be able to correlate your injury to the accident itself, which is easily done through medical records from the day of the crash.
Your insurance company likely requires you to report the accident within a short time frame. However, you should proceed with caution when reporting the incident; do not admit fault, and do not speculate about what happened. Stick to the facts. Always remember that insurance companies, even your own, do not have your best interests prioritized over their own. Their number one concern will always be profit, so if they see an opportunity to minimize how much they have to pay out, they will take it every single time. This is why it is best to keep what you say to a minimum until you have an attorney who can speak to the insurance companies and court officials on your behalf.
The Massachusetts auto accident attorneys at Cutler & Associates will protect your rights and seek fair compensation for damages caused by another driver's negligence. If the defendant’s insurance company fails to offer fair compensation, a lawyer can help you negotiate a settlement or pursue legal action.
Auto accidents can happen when you least expect them. In the moments following, you may be wondering what will happen next. Will you receive compensation for property damages and for all of your injuries? Enter Massachusetts' compulsory insurance.
What is compulsory insurance? It's a form of auto insurance coverage which Massachusetts requires motorists to have. The law requires your insurance provider to cover your medical expenses and certain other losses, regardless of who was at fault for the accident. This policy is known as "PIP" insurance. The state's system aims to streamline claims while providing prompt coverage for accident victims.
Personal injury protection is auto insurance that covers medical expenses, lost wages, and other costs from car accidents, regardless of fault. PIP coverage is mandatory for all Massachusetts drivers and is the primary source of compensation for accident-related injuries under the state's compulsory insurance system. PIP coverage may be referred to as a “no-fault” benefit.
The compulsory system in Massachusetts only applies to economic damages. Injuries or specific conditions may allow victims to pursue additional compensation for pain and suffering outside the compulsory system from the at-fault driver. Overall, PIP coverage provides immediate financial assistance to accident victims.
What if you're in a car accident with an underinsured driver? The problem is their coverage won't fully cover the damages you incur. And that's where underinsured motorist (UIM) comes into play. The policy makes up the difference between the at-fault driver's liability limits and the total amount of damages up to the limits of their UIM policy.
Underinsured motorist coverage (UIM) is an optional component of auto insurance. It provides additional protection to policyholders if they're involved in an accident with a driver that has insufficient insurance coverage to fully compensate for the damages incurred. UIM coverage allows the victim to file a claim with their insurance company. This policy adds valuable financial protection for the accident victims.
Massachusetts requires drivers to have auto insurance. Unfortunately, every vehicle owner doesn't abide by this law. So, where does that leave you when someone collides with your car? Even if you have insurance, it may not fully cover your damages. Of course, an uninsured driver has no insurance policy to which you can seek a payout.
Uninsured motorist (UM) coverage offers another layer of protection. This auto coverage is compulsory. It provides policyholders extra financial security, so they receive compensation even if the at-fault driver lacks car insurance. This policy helps pay for accident-related medical expenses, lost wages, and other damages. Additionally, uninsured motorist coverage can protect hit-and-run accidents where the at-fault driver flees the scene and cannot be identified.
A car accident just literally rocked your world. What do you do now? The first step is to tell your insurance company about the incident. Your insurer will guide you through the claims process. They may request documents such as:
This paperwork helps the insurance claims adjuster assess the extent of your damages.
Was another driver at fault for the accident? You may also need to interact with their auto insurer. The other driver's insurance provider will likely investigate the accident. They may contact you for a statement or additional information during this process.
Warning: never speak with defendant’s insurance company as they are seeking to limit your recovery for pain and suffering and any offer to settle is typically very low which won’t provide enough money to cover the full extent of your damages. Speaking with a Massachusetts car accident attorney before saying “yes” to any payout is best
You always want to remember that insurance adjusters work for the insurance company. They work to serve the best interest of their employer, not claimants. What does this mean for you? The value of your claim will likely be minimized. The auto insurance industry focuses on increasing profits by reducing payouts as much as possible.
To determine what you'll be offered, the insurance adjuster engages in the following activities:
They may determine the extent of liability and the appropriate compensation.
Insurance companies play a significant role in the claims process and the resolution of disputes. Consider seeking legal representation from an experienced Massachusetts auto accident attorney. They can help level the playing field by advocating for you, negotiating with insurers, and pursuing legal action if needed. This can ensure maximum compensation to you for your injuries and losses.
In Massachusetts, insurance policies include certain benefits known as “Personal Injury Protection (PIP).” PIP benefits do not take into account who is at fault for an accident. PIP coverage will pay a maximum of $8,000 in Massachusetts, and will cover expenses incurred within 2 years of the accident. These benefits do not remove the need for potential litigation or settlement, but they do protect the insured from some of the accident-related expenses, despite who caused the accident. These expenses include:
PIP benefits do not apply to motorcycle drivers or to those who, when in an accident, were using their vehicle for rideshare business (i.e., Uber & Lyft).
The beauty of PIP insurance lies in its ability to offer immediate relief in the wake of an accident. While further settlement discussions and/or potential litigation may be necessary, PIP allows the injured party to seek immediate treatment without having to prove fault right away. Proving fault may still be a necessary component, but PIP benefits will minimize some of those up-front expenses without the apportioned liability.
Massachusetts negligence laws dictate who is at fault for the car accident. Have you suffered injuries? Was there property damage? Whatever the case, the laws apply so you can seek financial compensation.
Negligence is the failure to exercise reasonable care when harming another person. It's a fundamental concept in personal injury law and applies to auto accidents. When someone's negligence causes an accident, they can be liable for the damages.
To prove negligence in an auto accident case, four elements must be established:
Massachusetts follows a modified comparative negligence rule, specifically the 51% rule. Under this rule, a plaintiff can still recover damages as long as they are not found to be more than 50% responsible for the accident. However, if the plaintiff is determined to be 51% or more at fault, they cannot recover damages. This means if multiple parties share fault for an accident, their liability for damages is determined based on their percentage of fault. Even if you're partially responsible for the accident, you can still recover compensation, but your percentage of fault will reduce it.
Example: John and Sarah are involved in a rear-end collision at a stoplight. John's car sustained minor damage, but Sarah suffered whiplash, resulting in medical expenses. Sarah was texting, and John's brake light was out. This made it harder for Sarah to anticipate his stop.
If the court determines Sarah was 70% at fault and John 30%, John would be able to recover 70% of his damages from Sarah’s insurance. This system ensures each party bears responsibility proportionate to their actions.
Massachusetts typically sets a three-year timeframe for filing a car accident claim (M.G.L.A. 260 § 2A). The clock starts ticking on the accident date. This window of time is known as the statute of limitations. Don't wait until the last minute to take action against the party (or parties) responsible for your injuries. You could lose the right to pursue compensation if you miss the deadline.
What if you miss the deadline? Things likely won’t work out in your favor. As mentioned above, you can lose the right to pursue compensation. Also, Insurance companies can avoid liability and deny claims. With that in mind, it's best to take action right after the car crash.
Injured in a car accident? Massachusetts law affords you rights that allow you to hold responsible parties accountable. When the time comes to file a claim, consult an experienced car accident attorney. They know the relevant statutes, laws, and rules that will apply to your case, giving you the best chance of recovering full compensation.
What's the point of compensation? This financial recovery is reserved for individuals who have suffered injuries, damages, and losses due to another party's negligence or wrongful actions. From a legal standpoint, the goal is to help accident victims try to return to a state of wholeness which existed before the collision. This is done by covering the various expenses and losses incurred due to the crash. The types of compensatory damages include economic (tangible) and non-economic (intangible) damages.
Economic damages refer to the financial losses incurred by an individual as a direct result of a car accident. After a car crash, medical expenses pile up fast. You have everything from emergency room visits to perhaps ongoing physical therapy. On top of that, you lose wages when you can't work. Finally, there's the added financial pressure of paying for vehicle repairs or replacement. Fortunately, you can seek financial relief. These damages which you may be entitled to cover expenses such as:
These damages are easy to quantify. All you need to do to calculate your losses is to use your financial records and receipts. Basically, you can recover any out-of-pocket expenses directly related to the accident which is submitted as part of special damages.
Non-economic damages are compensation for accident victims who suffered intangible losses and harms that cannot be easily quantified in monetary terms. Specifically, it seeks to address the emotional and psychological effects of motor vehicle accidents. The following are the available damages:
Unlike tangible financial losses, there are no receipts to calculate the cost. So, the amount awarded is subjective. A court determines a dollar amount based on how an auto accident can impact every aspect of your life. For example, the difficulty performing simple tasks and the loss of once-joyful activities.
M.G.L. 231 § 6D: $2,000 Threshold for Pain & Suffering
If you've been involved in a motor vehicle accident in Massachusetts, you're likely seeking damages for pain and suffering. To qualify for these damages, you need to have a minimum of $2,000 in reasonable and necessary medical expenses, also called the “tort threshold.” Some exceptions to this requirement include dismemberment, bone fractures, disfigurement, loss of sight/hearing, and death. This is covered under M.G.L. Ch. 231 § 6D.
Punitive damages differ from financial and non-financial or compensatory damages. The primary purpose is to hold negligent parties accountable. Stated another way, these damages intend to punish the at-fault party for their reckless or egregious behavior.
Here's an example. Suppose a drunk driver kills another motorist in a hit-and-run accident. The at-fault driver has a history of multiple DUI offenses, ignored warnings, and knowingly got behind the wheel while heavily intoxicated. A scenario like this could warrant punitive damages. The court aims to punish negligent drivers while also seeking to deter similar misconduct. However, historically, the court system rarely awards punitive damages in car accident cases.
As an injured victim, you deserve compensation for your loss. And the law allows you to seek financial recovery. With the help of an experienced attorney who handles personal injury cases, you have the best chance of having your economic and non-economic losses covered.
Were you injured in an auto accident? Is another motorist at fault? Are you confused about what to do with your claim? Car accident attorneys can help in these circumstances. Let's examine what Massachusetts car accident lawyers can do for you.
For those who have suffered car accident injuries, auto accident attorneys offer a range of services, such as:
Numerous problems could arise during insurance company negotiations or litigation. For instance, insurance adjusters could pressure you to accept a low settlement offer. When you don't have legal counsel, the insurance adjuster will use any number of tactics to devalue your claim. The worst-case scenario? They may deny your claim. An experienced car accident attorney is familiar with how insurance companies function. They know how to play hardball to secure fair and full payout for their clients.
Sometimes, the only way to get justice is to file a personal injury lawsuit. You don't want to go head-to-head with a well-funded insurance firm or another party in the court system. In a courtroom battle, you need an aggressive trial attorney familiar with local, state, and federal laws, rules, and precedents. Legal representation might mean the difference between your case's success and failure.
At Cutler & Associates, we know the hurdles you face after being injured in an auto accident. The physical pain, emotional turmoil, and financial strain can be incredibly taxing. We're here to extend our heartfelt support during this challenging period.
Auto accidents often leave individuals feeling unsure of where to seek help. Perhaps you're grappling with mounting medical bills, lost income, and an uncertain future.
Choosing the right attorney is the first step toward protecting your legal rights and recovering fair and full compensation. You need someone who will fight for you and know the inner workings of personal injury law.
Our team has provided legal assistance to thousands of clients for over 40 years, with over 7,500 cases handled, and millions of dollars obtained for our clients, delivering results and renewed hope. Our dedicated attorneys are committed to providing aggressive representation inside and outside the courtroom.
If you've suffered injuries in an auto accident, don't hesitate to seek legal assistance. Connect with us now by dialing (800) 600-4000 or (617) 542-5000 to speak with one of our knowledgeable Massachusetts auto accident lawyers. Rest assured, your satisfaction and peace of mind are our utmost priorities. Let's work together to secure the justice and compensation you deserve.
Can I answer the other driver’s car insurance company questions?
No. Don't respond to inquiries from an agent of the other driver's insurance provider if they come to you. Be cautious about what you say since the insurance company may use it against you. You may receive less compensation or have your claim rejected.
You should tell the insurance company to contact your attorney and kindly decline to answer any questions. We are aware of all their techniques. Our law firm is skilled at assisting accident victims in obtaining the highest possible compensation.
What happens if my car is totaled?
Your car can be declared a total loss by the insurance company if repair costs exceed the car's value.
The market value is calculated using the fair value of comparable cars in your area or an impartial source such as Kelley Blue Book. After a vehicle is declared a total loss, you must pay the insurance company the salvage value to keep it.
Any debt you have on your car is still your responsibility. You must still pay back the whole amount of the loan even if the fair market value of your car is less than the amount still owed.
Who pays for my rental car after an accident?
Payment for a rental car during a vehicle repair or replacement depends on several factors. Check if your insurance policy includes rental coverage if you're at fault for a collision. You can expect the other driver's insurance company to pay for your rental car if they were at fault for the accident.
Who pays the storage fees after a car accident?
Towing and storage coverage is an optional part of your insurance policy. If you do not have this form of coverage, an experienced attorney will then seek to recover compensation form the at-fault party’s insurance company.
How much money can I recover after an auto accident?
The amount of money you obtain in a settlement or verdict will be determined by the costs incurred, such as medical bills, auto repair costs, missed wages, and any other losses related to your car accident.
The value of your auto accident is not fixed in monetary terms. You may get a few hundred dollars or millions of dollars. Everything depends on the unique circumstances of your case.
The driver's insurance adjuster for the car that caused your collision usually decides how much of a settlement to offer you. Unless a settlement is struck beforehand, a judge or jury will determine how much money to award you for your crash if you want to pursue your case in court.
Always have an attorney who is knowledgeable about car accident claims and has a track record of helping injury victims get the most money possible.
How do I get more money during negotiations?
You can always bargain for more money without accepting a settlement. Insurance companies often don't inform clients that they can request increased benefits. One option is to hire an experienced car accident lawyer to negotiate with the insurance company. Here at Cutler & Associates, our team has provided legal assistance to thousands of clients for over 40 years, with over 7,500 cases handled, and millions of dollars obtained for our clients, delivering results and renewed hope.
After an accident, insurance firms often give low settlement offers, hoping injured parties will accept them. Contact Cutler & Associates to find out if requesting extra money is worthwhile.
Can I sue an insurance company?
If an insurance company in Massachusetts refuses to provide you with a fair settlement or completely rejects your claim, you may be able to bring a bad faith lawsuit against them.
Filing a lawsuit against an insurer is primarily managed under Massachusetts General Laws Chapter 93A, Section 176D. Massachusetts General Laws require an insurer to “promptly put a fair and reasonable offer on the table when liability and damages become clear, either within the thirty-day period set forth in M.G.L. c. 93A, §9 (3), or as soon thereafter as liability and damages make themselves apparent.” See McGovern Physical Therapy Associates, LLC v. Metropolitan Property & Cas. Ins. Co., 802 F. Supp. 2d 306 (D. Mass. 2011); see also Mutual Ins. Co., Ltd. V. Murphy, 630 F. Supp. 2d 158 (D. Mass. 2009); see also Id. at 566. The standard for examining the adequacy of an insurer’s response to a demand for relief M.G.L. c. 93A, §9 (3) is “whether, in the circumstances, and in light of the complainant’s demands, the offer is reasonable.” Clegg v. Butler, 424 Mass. 413, 420 (1997).
Filing a lawsuit might be necessary to secure the money owed to you, but it doesn't automatically ensure you'll receive the compensation you deserve. That's why it's advisable to call a car accident attorney who possesses genuine courtroom expertise to advocate on your behalf.
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