Massachusetts Car Accident Law: What You Need to Know

March 8 2023

Massachusetts has several laws related to car accidents, including requirements for insurance, reporting procedures, and fault determination. It is important to consult an attorney in order to fully understand your rights and obligations related to any accident you have been involved in.

Laws and Regulations of Massachusetts Car Accidents

In Massachusetts, there are two sets of laws that govern car accidents and the subsequent insurance claims: the Tort Claims Act and the Motor Vehicle Statutes. The Tort Claims Act is a set of laws that allow victims of an accident to sue for damages. It requires victims to prove that the other party was legally at fault in the accident, meaning that they failed to follow some sort of safety or traffic law. However, depending on the specifics of the case, plaintiffs may be able to recover damages based on shared fault or negligence.

Popular cities in Massachusetts that we service include Boston.

The Motor Vehicle Statutes are laws that regulate automobile safety and licensing requirements in Massachusetts, as well as penalties for violating these laws. This includes speed limits and required vehicle inspections, among many others. A driver who violates any one of these laws can be held liable in an accident should he or she cause a crash by not adhering to the regulation.

When deciding how much responsibility a plaintiff must bear in an auto accident lawsuit, there are two legal concepts used – contributory negligence and comparative negligence. Under contributory negligence, if someone was even partially responsible for causing an auto accident, they could not collect any damages from another person involved. Comparative negligence is different; under this system, if both parties were responsible for an accident, their respective degrees of carelessness will be determined proportionally so that each party can be assigned a percentage of fault for causing the accident.

By understanding Massachusetts car accident law including both tort claims and motor vehicle statutes, as well as comprehending related concepts such as contributory negligence and comparative negligence, car accident victims can take appropriate steps to protect their rights after being injured in an auto crash within the state. The next section discusses these two forms of negligence in greater detail.

Contributory Negligence and Comparative Negligence

Under the traditional doctrine of contributory negligence, if a driver was even partially responsible for an accident, they could not recover damages from other drivers. This means that if some degree of fault is found with the plaintiff in a case, they would not be able to collect any compensation even if the other driver(s) was more at fault. Many states adopted this harsh doctrine because it seemingly provided a way to deter drivers from careless behavior on the roads and make them more accountable for their actions. However, it also meant that those who were mistakenly or unjustly found to be partially responsible for an accident (even in some very small capacity) could not seek compensation for any losses that resulted due to another party’s negligence or recklessness.

In recent years, many states have shifted toward a doctrine of comparative negligence which allows plaintiffs and defendants alike to recover damages in proportion to the amount of fault assigned to them in a given case. This system allows individuals who may have acted negligently (or had their actions misconstrued as such by the courts) to at least still receive a portion of damages when they are wrongfully injured by another person’s negligence. While this can certainly help provide victims of car accidents with fair compensation, it can also present challenges for both defendants and plaintiffs when trying to calculate responsibility and suitable amounts of compensatory damages.

The impact that contributory negligence and comparative negligence has on car accident cases varies greatly between fault states and no-fault states, therefore our next section will discuss the differences between these two types of systems.

Fault States vs. No-Fault States

In Massachusetts, the traditional fault-based system of liability for car accident damages is still in place. This means that if an individual is injured in an accident, they can file a lawsuit against the at-fault driver to recover damages for the losses suffered. In comparison to other states, Massachusetts is referred to as a “fault state” because it focuses on determining who was responsible for causing the accident, and holds that party liable.

The no-fault system, on the other hand, requires every person involved in an accident to turn to their own car insurance provider to cover their medical expenses and certain lost wages and non-economic losses (such as suffering or pain and anguish). Under this system, each driver’s auto insurance policy would pay out claims up to established limits regardless of who was at‐fault in the incident.

Advocates of the no-fault system argue that it helps reduce civil litigation, encourages quicker compensation for victims, and reduces legal costs associated with car accidents. Critics of the no-fault system say these benefits don’t outweigh its loss of accountability and potential difficulty finding adequate compensation for victims without assessing who is at fault. Since Massachusetts currently operates under a fault system, those involved in a car accident here should focus on determining the degree of fault before seeking compensation from another party.

Now that we have gone over Massachusetts’ fault-based system for car accidents, let’s take a closer look at how car insurance plays into this process in the next section: “Car Insurance and Massachusetts Car Accidents”.

Car Insurance and Massachusetts Car Accidents

Car insurance is an important part of Massachusetts state car accident law, as it covers the costs of damage to any involved vehicles in a crash as well as medical bills of injured drivers and/or pedestrians. Massachusetts requires drivers to have a certain amount of liability insurance coverage, which includes bodily injury and property damage liability, uninsured and underinsured motorist coverage, and personal injury protection. This means that if someone is found at fault for an accident, their auto insurance will cover the cost of any resulting damages or medical bills that may occur.

Despite the importance of having auto insurance coverage in the event of a car accident, there are some who debate whether it’s worth having for some drivers. On one hand, having car insurance can provide peace of mind knowing that any potential damages from a collision will be taken care of with minimal financial burden and legal hassle to the involved parties. On the other hand, some argue that depending on a driver’s age and driving history (as well as the type of vehicle they own), they could potentially wind up spending more money on their monthly premiums than they ever would if they were in an accident.

However it may be argued, there are no absolutes when it comes to Massachusetts car accident law, so it is important for drivers to understand their individual circumstances and make an informed decision when it comes to whether or not buying car insurance is right for them.

Regardless of where you stand on the subject, understanding all aspects of your state’s car accident laws is essential to being correctly insured when a crash does occur. That’s why the next section will go over “What Every Driver Should Know” about dealing with car accidents in Massachusetts.

What Every Driver Should Know

Every driver in the state of Massachusetts should understand the laws relating to car accidents. Knowing basic information about who is responsible for paying for damage or medical bills can be invaluable if you’re involved in an accident, regardless of who is at fault.

The first consideration is that all drivers must carry auto insurance providing a minimum level of coverage. Massachusetts law requires that all drivers purchase no-fault property damage liability insurance of at least $5,000 and an additional uninsured/underinsured motorist coverage of up to $8,000 with a combined coverage limit of $20,0000.1 These policy limits help pay for any damage caused by another driver’s negligence.

Beyond understanding your own insurance requirements, keep in mind that all drivers have a common law duty to exercise reasonable care while operating their vehicles–which includes obeying traffic laws and being aware of other drivers on the road. In addition, failure to act responsibly may result in civil or criminal penalties including fines and possible jail time, depending on the circumstances.

When it comes to determining fault for an accident, both drivers typically present evidence and testimony before a judge who ultimately makes the final determination. That said, even if one driver appears to be legally liable for the damages incurred, both drivers still have a responsibility to prove that they were not negligent in any way, shape or form.

It is also important to remember that not all cases involve two drivers; there may be multiple parties involved such as passengers and even malfunctioning vehicles or equipment. Depending on the situation, these third parties could be held liable for some or all of the costs incurred due to the accident.

Though every situation is unique, understanding Massachusetts car accident law can help ensure your rights are protected following an accident – making it easier for everyone affected to move forward and seek justice appropriately.

In the next section we will discuss how fault is determined in Massachusetts car accidents and when one driver can be held liable for another’s damages.

  • According to the Massachusetts Registry of Motor Vehicles, drivers that have been involved in any car accident must serialize a Crash Operator Report (Form 350) within 5 days of the accident.
  • Drivers must also attend an accident prevention course if they have been involved in two or more at fault accidents within a six year period.
  • The State of Massachusetts requires that all vehicles are insured with Bodily Injury Liability (BIL) coverage of at least $20,000 per person, up to a total of $40,000 for each accident.

Determining Fault in a Massachusetts Car Accident

Determining fault in a Massachusetts car accident requires an investigation of the incident, including gathering evidence such as accident reports, photographs, and witness statements. The state adheres to a “modified comparative fault” rule, which means that if multiple parties are found to have contributed negligence to the incident, each party is responsible for only the percentage of damages they’re proportionally responsible for.

Depending on the situation, fault can be determined by one or more of the following factors: reckless driving, alcohol impairment, driver inattention, excessive speeding, impaired driving due to mechanical failure or poor weather conditions. There are two sides to determining who is at fault in a Massachusetts car accident — those who claim that driver negligence was solely responsible for the accident and those who believe some amount of contributory negligence from both parties should be considered.

Those who believe that only one party should be held liable for an accident will cite numerous examples of incidents in which a driver acted with extraordinary recklessness or carelessness that resulted in injury to another driver or passenger. Examples can include instances of texting while driving, drunk driving, and failing to signal while switching lanes. In these cases, the driver who caused the crash can be directly held liable for any damages incurred by those involved in the crash.

Likewise, those who believe contributory negligence should be taken into account point out that not all circumstances may make it clear who is at fault in an accident. For example, if two drivers were simultaneously making illegal turns at an unmarked intersection and collided— both drivers would bear responsibility for the incident and would share liability for any damages incurred.

Regardless of how fault is determined in a Massachusetts car accident case, the courts need sufficient proof that negligence occurred before a ruling can be made or compensation awarded. This leads us into the next section–proving negligence in court.

Proving Negligence in Court

Proving negligence in court requires a full understanding of the law and the rights held by an individual against those who are responsible for causing an accident. Negligence is defined as failing to take sufficient action or care to prevent harm from occurring to another person or entity. In the case of a car accident, this means that any parties involved must exhibit reasonable care when driving in order for there to be no liability for the accident. To assess whether or not an individual acted with appropriate care, courts will consider things such as speed, state of intoxication, road conditions, etc.

If individuals are found to have been negligent in the case of an accident then they will be held liable for the damage or injury caused. Generally speaking those found liable will be required to seek financial compensation which can be used to cover medical bills, damage to property and vehicles, lost wages and other associated costs. However, it is also important to note that negligence claims can be challenged in a court of law so anyone bringing a claim should be prepared for both sides on the argument to be heard.

The burden lies on the plaintiff—the party bringing the suit—to prove that the defendant was liable through negligence and did not exercise reasonable caution while behind the wheel. By providing evidence demonstrating that acts of negligence took place that resulted in damages being inflicted upon them personally, plaintiffs may receive a ruling in their favor which holds defendants accountable for their actions. The most common forms of evidence used involve testimony from witnesses present at the time of the crash along with photographs taken before and after impact.

The assessment of negligence in a court of law is an intricate process involving much debate and thought as it has implications for those involved in crashes seeking justice for damages suffered. As such, proving negligence in court does not always result in a win for those bringing the suit though claims can still be made under unfortunate circumstances. With this said, it is vital to understand what constitutes legal action when filing claims so that individuals may recover compensation for injuries, trauma and other costs incurred as a result of an automobile collision.

By understanding these dynamics it may become easier to navigate what comes next when dealing with serious injury after a car accident.

Dealing With Serious Injury After a Car Accident

Serious injuries can have a significant financial, physical, and psychological impact on accident victims. Following a car accident, those suffering from serious injuries must take active steps to ensure that their legal rights are protected and that they receive fair compensation for their medical bills, pain and suffering, income loss, and other expenses resulting from the accident.

First, it is important that accident victims seek medical attention as soon as possible in order to properly diagnose and treat any injuries for which they may be suffering. If your injury requires ongoing medical attention, consider hiring an experienced personal injury attorney to guide you through the claim process. An experienced attorney will also be familiar with all applicable Massachusetts statutes pertaining to car accidents and their associated damages.

Next, accident victims should gather evidence relating to the incident. This includes obtaining copies of any police reports or witness statements, collecting contact information of all parties involved and any witnesses, taking pictures of the scene of the accident, charting the course of treatment for one’s injuries, and keeping any documents related to the incident such as repair bills or lost wage information.

In order to provide evidence in support of their claims, victims should keep notes both during hospital visits and throughout subsequent recovery periods detailing conversations and treatments undertaken as a result of the accident. An experienced attorney can be invaluable when it comes to organizing these documents and using them effectively in negotiations or during trial proceedings.

Accident victims should also be aware of statutes of limitation governing damages claims made in Massachusetts. Personal injury claims generally must be brought forth in court within three years of the date when the injury occurred. Claims brought forth outside this window may be denied by a judge before reaching trial.

By seeking medical treatment promptly after their accident, gathering all relevant evidence related to the incident and its aftermath, familiarizing themselves with relevant Massachusetts laws pertaining to personal injury recoveries, consulting an experienced personal injury attorney to aid them in recovering fair compensation for their injuries, and understanding applicable statutes of limitation concerning filing a lawsuit in relation to a car accident—serious injury victims can ensure that their rights are defended throughout every stage of the legal process following an automobile crash in Massachusetts.

Leading into Next Section: The next section will discuss calculating damages for car accidents in Massachusetts.

Calculating Damages

When victims of a car accident in Massachusetts seek compensation, one of the most important aspects to consider is how to calculate damages. The amount of compensation available depends on proof of negligence, and whether the liable driver exhibited careless or reckless behavior that contributed to the collision and resulting injuries.

Damages can be calculated by assessing the individual’s total losses related to the incident, including medical bills, lost income, loss of earning capacity, pain and suffering, and property damages. Any economic costs related to the damages must be covered under the liable party’s insurance.

Non-economic damages such as emotional distress or loss of companionship are more difficult to quantify and typically require testimony from witnesses or a life care plan expert witness who can offer insight into how an accident has impacted a victim’s quality of life. These damages can also help victims receive compensation for their mental anguish following an accident which may include serious depression or Post-Traumatic Stress Disorder (PTSD).

In particular cases where there is strong evidence that gross negligence was responsible for an accident, punitive damages may be sought as well. These types of awards are designed to punish the wrongdoer for particularly egregious conduct that endangered another person’s safety and acted as an intentional disregard for other people’s welfare. It is important to note that while punitive damages are allowed in Massachusetts they are capped at $50,000 or three times compensatory damages—whichever is greater.

The way to accurately calculate damages in a personal injury claim will depend entirely on each unique case. An experienced legal professional can provide guidance about potential outcomes based on evidence gathered from the scene. It’s also important for victims to recognize any forms of contributory negligence that could reduce any potential compensation from a civil trial judgement in this state. With these factors taken into consideration, it is possible to pursue legal action that removes financial stress from injured parties due to automobile accidents in Massachusetts.

Now that we have discussed all aspects of calculating damages relating to car accidents, let us move on to examine what steps should be taken after a car accident has occurred: What To Do After a Car Accident?

What To Do After a Car Accident

If you find yourself in the unfortunate situation of being in a car accident, it is important to remember what steps to take. Here are the key actions to immediately follow a car accident in Massachusetts:

1. Safety First: Start by making sure everyone involved in the accident is safe and outside of any immediate danger. It is also beneficial to be aware of your surroundings and look out for passing traffic or pedestrians that may not be visible at first glance.

2. Call 911: Once everyone involved is safely away from imminent danger, make sure to call the police. Very often, even if the damages seem minimal, law enforcement will need to document the incident and ensure drivers are following the law and abiding by Massachusetts’ auto insurance regulations. Filing a police report can also help with any future insurance claims or legal proceedings due to an accident.

3. Exchange Information: Exchange information with other drivers involved in the accident such as their contact information, vehicle make and model, license plate number, and insurance information. It is important to never admit liability when speaking with other drivers involved in the accident—even if it was clearly your fault. It is best to wait until you speak with an attorney familiar with Massachusetts Car Accident Law before making a statement about fault or liability.

4. Take Photos/Document Everything: Documentation can often be critical for any post-accident legal action or insurance claims process. Make sure to take pictures of both vehicles involved in the crash, as well as additional photos documenting the location of both cars relative to one another before they get moved apart from eachother, skid marks on the street, traffic signals associated with the accident (if applicable), weather conditions of the area surrounding where it happened, visible injuries suffered any passengers involved in the accident, etc. Additionally, write down everything you remember about what happened leading up to and directly following the incident as soon as possible – as memories fade surprisingly quickly over time!

5. Seek Medical Attention: Even if no obvious injuries were incurred during or after the accident it is important to take care of your health and seek medical attention if there’s any remote possibility something may be wrong internally or externally that would not present itself right away (such as a soft tissue injury). Also check in with all passengers that were inside your car at the time of impact – sometimes passengers feel severe whiplash without realizing it until some time has passed after the accident has happened!

The above steps are all necessary for dealing appropriately with a car accident in Massachusetts. Now this article will cover The Claim Process in Massachusetts – what happens once all these steps have been taken?

The Claim Process in Massachusetts

The claim process in Massachusetts begins with filing a personal injury claim with the insurance provider of the at-fault driver. This process can be complicated and tedious, but it is important to ensure that the claimant receives fair compensation for any injuries and damages sustained in an automobile accident.

It is important for residents of Massachusetts to understand that insurance companies will attempt to settle a claim for only the minimum amount or less, and claimants should be prepared to negotiate for a larger settlement if needed. The liability, or fault, of each driver must be proven before an insurance company will honor a claim. If both drivers are found to have been at least partially at fault, then an insurance company’s settlement will be based on the percentage of fault assigned to each driver.

When filing a personal injury claim, claimants must include documentation of their medical expenses, property damage costs, lost wages, and other necessary information regarding their accident. This can include photos, copies of police reports, witness statements and more. Additionally, victims who are partially at fault for their accident may still be eligible for compensation; however, the amount awarded may be reduced by the percentage of fault assigned to them.

Claimants may also participate in mediation or arbitration when attempting to negotiate a settlement with an insurance provider, but this should only be done with an attorney present as the insurance company’s goal is always to settle claims for as little as possible. When all necessary documents and bills have been submitted and reviewed by the insurer, claimants may be issued a benefit check or can use incident funds if they choose to pursue legal action through court proceedings such as a civil trial or appeal.

The claim process in Massachusetts can feel intimidating and overwhelming; however, understanding one’s rights and gathering necessary documents can help streamline this process. It’s important to consult with an experienced car accident attorney prior to beginning any negotiations with the opposing party’s insurance provider and if disputes arise between parties during the claims process legal action should be taken to ensure fair resolution of these claims. In conclusion: it is advisable for individuals involved in automobile accidents in Massachusetts seek professional legal advice and consider engaging an attorney with expertise in Massachusetts auto accident laws before initiating any part of the personal injury claim process.

Conclusion: With such complex laws governing auto accidents in Massachusetts, it is essential that individuals involved understand their rights after being injured in an auto accident so that they can know how best to protect themselves throughout the claims process.


The laws that govern car accidents in Massachusetts can be complex. Understanding the liability and insurance requirements, along with the necessary steps to take following an accident, is essential for driving safely and protecting yourself from possible liability.

At-fault drivers may be held liable for any medical expenses, pain and suffering damages, or other financial losses incurred by the victim. It is important for victims to understand their legal rights before pursuing a personal injury claim. Additionally, Massachusetts law provides protection for victims of hit-and-run accidents and uninsured motorists.

Car accident laws vary from state to state, which is why it is important to research and familiarize yourself with them. Additionally, speaking to an experienced attorney can provide guidance and ensure that you have a thorough understanding of the law in your state. The Massachusetts courts have established procedures and standards regarding car accident claims; an experienced attorney can help ensure that you are fully aware of your rights within those laws.

Answers to Frequently Asked Questions with Detailed Explanations

What are the legal implications if I’m at fault in a car accident in Massachusetts?

If you are at fault in a car accident in Massachusetts, the legal implications vary depending on the severity and circumstances of the accident. If it is a minor accident, such as damage to property without personal injury, then you may be found liable for damages up to $5,000. If someone was injured or there was significant property damage, then you can be held responsible for both economic losses (including medical bills, lost wages, and damages to property) as well as noneconomic losses (pain and suffering). In more serious cases involving wrongful death or very severe injuries you may also face criminal charges. Regardless of the severity of the accident, it is important to consult with a car accident lawyer to understand your rights and how best to proceed moving forward.

What paperwork is required after a car accident in Massachusetts?

After a car accident in Massachusetts, the parties involved must fill out and exchange an official Crash Report (Form CRA-67) and provide their insurance information. It’s important to obtain the name, address, phone and license number of any other drivers involved along with the make, model, year and license plate numbers of their vehicles. Make sure to also provide your own contact information if you are exchanging the report with someone else.

This form should be filled out as soon as possible following the accident. The law in Massachusetts requires that this form be filed with the Registry of Motor Vehicles within five years of the date of the crash. This can also empower individuals to pursue compensation later if needed, as it provides a record of your claims and records any evidence relevant at the time such as weather conditions or car damage. An insurance claim may also need to be filed depending on the severity of the accident and the parties involved.

Overall, it is essential that those involved in an accident complete these necessary forms in order to comply with Massachusetts Car Accident Law and protect all parties involved from future liabilities.

What rights do I have if I’m in a car accident in Massachusetts?

If you are in a car accident in Massachusetts, you have several rights and legal protections.

First, you can file a claim with the at-fault driver’s insurance company if they were responsible for the accident. This is called a “Personal Injury Protection” (PIP) claim. The insurance company will typically pay for damage to both vehicles as well as any medical expenses that arise due to the accident.

Second, you may be eligible for compensation from the at-fault driver, depending on the severity of their negligence. If it is found that they operated the vehicle recklessly or negligently, they may be liable for damages to your vehicle, lost wages if your injuries resulted in missed work, and pain and suffering.

Third, if you were injured in an accident caused by a defective auto part or due to motor vehicle maintenance problems that were not properly addressed, then you may be entitled to seek compensation from the manufacturer or mechanic responsible.

Finally, if a third party was primarily at fault for the accident—such as another driver who was distracted or driving under the influence—you may be able to file a personal injury lawsuit against them for damages. Depending on your particular circumstances, Massachusetts law allows car accident victims to recover compensation for economic losses such as medical bills and lost wages, as well as non-economic losses such as pain and suffering and emotional distress.