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Car accidents are very common in Massachusetts, leading to hundreds of injuries every year. Because Massachusetts is a no-fault state, recovering compensation following these collisions can be a challenge. In these situations, you need an attorney from the Cashman Law Firm on your side.
For years, our Boston car accident lawyer has fought for the rights of injured drivers and passengers. With over $7.5 million recovered for our clients, we will carefully evaluate your legal options so that you can recover the compensation that you deserve. Contact an experienced car crash attorney today if you or a loved one have been injured in a motor vehicle accident.
Why Choose Our Boston Car Accident Attorney
- Our experienced law firm understands the complexities of Massachusetts’s car accident laws. We will leverage our skills and experience to fight for your right to maximum recovery.
- The aftermath of a Boston car crash can be painful. Our firm will handle all aspects of your case so that you can focus on treatment and recovery.
- Our attorney, Mark A. Cashman, has a strong reputation in the Boston legal community. He has maintained a 5 out of 5 Avvo rating and was repeatedly named as a Rising Star by Super Lawyers Magazine.
Common Causes of Auto Accidents in Boston
Car accidents can happen at any time, in any place. There are many factors that contribute to these collisions, from road hazards and poor weather to defective products and driver negligence.
The following are some of the most common causes of car accidents.
- Failure to yield the right of way
- Reckless or aggressive driving
- Driving under the influence of alcohol or drugs
- Fatigued or drowsy driving
- Accidents involving pedestrians
- Vehicle defects, such as faulty brakes or tires
- Poor weather and low visibility
- Failure to use turn signals
- Unsafe lane changes
- Accidents involving a motorcyclist
- Failure to drive under the speed limit
- Failure to obey traffic signs and signals
- Loose gravel, potholes, and other road hazards
Massachusetts Is a No-Fault Car Accident State
Unlike most states, Massachusetts follows a no-fault system for car accidents. If you are injured in a collision, you can recover compensation by filing a car accident claim with your state-required personal injury protection (PIP) coverage. You can pursue a PIP claim regardless of fault or negligence.
If your injuries meet serious injury thresholds, however, you may be eligible for a third-party insurance claim or a personal injury lawsuit. To secure compensation in these types of claims, you will need to show that another driver is responsible for your injuries. A Boston car accident lawyer can help you navigate the legal process as you file a claim.
Massachusetts’s serious injury thresholds are as follows.
- The injury results in at least $2,000 in reasonable medical expenses, and/or
- The injury resulted in permanent and serious disfigurement, bone fractures, or a substantial loss of hearing or sight
Your Boston car accident lawyer from the Cashman Law Firm can help you identify whether you qualify for a third-party claim. Then, he can prepare your claim for the insurance or litigation process, gathering all evidence necessary to establish your right to damages.
Are There Benefits to Being a No-Fault State?
Although it isn’t as easy to sue other drivers for compensation in a no-fault car accident state like Massachusetts, and insurance premiums are typically higher in these states, there are some benefits to being a no-fault state. Advantages of the system including the following:
- Faster pay-outs because there’s no need for accident investigations to determine fault before paying claims
- Reliance on your own coverage instead of the coverage of an at-fault driver so you know you’re covered
- There’s no need to pursue any action against another driver
- It reduces litigation procedures and doesn’t burden the courts
- Personal Injury Protection (PIP) benefits typically include payouts for reasonable medical expenses, funeral expenses in the event of a death, lost wages, and any necessary household services
If your insurance provider denies your claim for any reason, or you have grounds to pursue action beyond Massachusett’s no-fault system, you need the Boston’s Cashman Law Firm to intervene on your behalf.
Common Reasons Insurance Companies Deny Claims
Insurance companies have profits as their common goal. They hire insurance adjusters specifically to find reasons to deny or undervalue claims even when liability seems clear. Their bottom line depends on taking in more money in premiums than they pay out in claims. Some common reasons insurance companies attempt to deny claims include:
- You were at fault in the accident
- You gave insufficient evidence of your damages
- You delayed medical treatment
- They say your claim exceeds your policy limit
- You were breaking the law when the accident occurred
- You didn’t report the accident immediately
- You gave them false information when you took out the policy
- You were driving under the influence of alcohol or drugs or purposely tried to harm yourself
When an insurance company denies your claim, the law requires they explain their reason for the denial and a deadline for you to file an appeal or ask for a review. An attorney with years of experience navigating the insurance system can help gather the evidence you need to resolve the company’s denial or help you file a complaint or a lawsuit to demand fair compensation.
In Massachusetts, you can pursue litigation if your medical expenses exceeded $2,000, if the accident caused broken bones, or if it caused disfigurement or substantial hearing or vision loss. A lawyer can help you pursue the following claims:
- Personal injury
- Property damage
- Wrongful death
- Product liability
Massachusetts has a 3-year statute of limitations for filing a lawsuit.
What You Should Do After a Car Accident in Massachusetts
During the chaotic aftermath of an accident, it’s difficult to think clearly but by taking specific steps you can protect your health, safety, and chances of a payout or settlement from your insurance company. After an accident, you should always:
- Move your vehicle to the shoulder of the road if you are physically well enough and your car is still operational
- Call 911 to report the accident
- Render any reasonable first aid or give comfort to any other injured parties.
- Get medical treatment from first responders and seek treatment at a hospital
- Ask your medical professionals to take detailed notes
- If you’re well enough, take photos of the involved vehicles and the area where the accident occurred
- Write down witness’s contact information and record any statements they make about what they saw during the accident
- File a crash report with Massachusett’s registry of motor vehicles and send a copy to the police department in your region
- Contact your insurance provider and your lawyer
Keeping a cool head and following these pertinent steps after an accident can help you with your claim.
Contact a Boston Auto Accident Attorney Today
A car crash can lead to serious damages. To protect your right to recovery, you need a Boston personal injury attorney from the Cashman Law Firm on your side.
Our firm can help you identify your optimal path to compensation and secure the settlement you deserve. Contact us today at (978) 595-0601 to schedule your free case consultation with our Boston car crash attorney.