What to Do After a Car Accident in Massachusetts: A Legal Guide

It can be hard to think clearly in the immediate aftermath of a Massachusetts car accident. Yet, your next moves could make the difference between a clear path to compensation and a bumpy road with many potholes to navigate. We have created this legal guide to help you safeguard your health, protect your legal rights, and minimize stress as you pursue the compensation you need to rebuild your life.

After a Massachusetts car accident, you must also fulfill crucial legal requirements. Failure to do so could lead to serious criminal charges, fines, and even jail time. You must also avoid saying or doing certain things that could jeopardize your potential personal injury claim.

In this guide, we will take you step by step through everything you should do to protect your rights after a car accident in Massachusetts. We will also explore choosing the right lawyer to fight for fair compensation.

Step 1 – Stay Safe and Get Help

The Massachusetts Driver’s Manual states that you must move your vehicle out of traffic lanes to a safe location if possible and safe to do so. Next, call 911. Ask for the police and an ambulance so everyone at the scene can get immediate medical attention.

The importance of immediate medical attention

In the immediate aftermath of a Massachusetts car accident, you may feel that you have escaped uninjured. However, the adrenaline pumping through your body could be masking serious injuries. Even if you feel physically fine, it is vital to get medical help.

The following conditions may not cause any immediate symptoms:

• Traumatic brain injuries (TBIs)

• Whiplash

• Spinal damage

• Rib injuries

• Ligament tears, fractures, and other joint issues

• Internal organ injuries or internal bleeding

• Vertigo

If you delay getting medical attention, you put both your health and personal injury lawsuit at risk. Prompt medical treatment could lessen the impact of your car accident injuries while also making it easier to prove that your injuries were directly caused by your car accident.

So don’t delay. Cooperate with emergency medical services and go to the emergency room if needed. Doing so will build up a medical record that clearly links your injuries to your accident and make it easier for your car accident lawyer to pursue compensation.

Always Stop and Report Accidents

In Massachusetts, you must stop at the scene of all car accidents, even small ones. It is against the law to leave the scene of a crash, and doing so could result in serious criminal charges.

The penalty for leaving the scene of a car accident is:

• Property damage only: Up to $200 fine and/or 2 years in prison, plus a license suspension of 6 months

• Non-fatal injury: Up to $1,000 fine, up to 2 years in prison, and a license suspension of 1 year or longer

• Fatality: Up to a $5,000 fine, up to 10 years in a state prison, and at least a 3-year license suspension

The takeaway is that you must always stay and report any accident to the police to protect yourself from criminal charges and give yourself the best chance of securing compensation in the future.

Additionally, under Massachusetts General Law, Chapter 90, Section 26, you must report almost all accidents to the registrar and send a copy to the police within 5 days of the accident.

To qualify, the accident must involve:

• A fatality

• An injury

• Property damage of at least $1,000

Realistically, most accidents, even minor ones, will fall into one of these categories, so they must be reported. Your car accident lawyer may be able to use the accident report to build a strong case for compensation.

Step 2 – Exchange Information

The Massachusetts Driver’s Manual next advises drivers to exchange information.

This should include:

• Name and address

• Driver’s license number

• License plate number

• Insurance information

If there were witnesses to the accident, try to get their contact details. Your car accident attorney may contact them later to get statements to strengthen your case.

Step 3 – Cooperate With Law Enforcement

When law enforcement officers attend the scene of a car accident, they take control and give directions. The police may ask to see your driver’s license and registration. Cooperate with them as they conduct their inquiries; answer their questions in full.

Stick to the facts, and don’t speculate about who was to blame. Remember that your actions will be recorded in the police report. So stay calm and answer honestly. This will help the police compile a comprehensive report.

The police report may prove to be an important document when your personal injury lawyer builds your case for compensation.

Step 4 – Document the Accident Scene

If you are able to do so, this is a golden opportunity to take photographs that could strengthen your case. The accident scene will soon fade as you know it now, taking vital evidence along with it.

Follow these tips to capture helpful evidence:

• Take pictures as soon as possible. Even before law enforcement arrives, you may be able to get shots of the accident scene. Try to capture the position of the vehicles, state of the road, and weather conditions.

• Focus on the details. Walk around your vehicle and photograph it from every angle, both inside and out. Take note of scratches, dents, tire damage, fuel leaks, and broken windows. Take both close-ups and shots from a distance to provide a full picture of the state of your vehicle.

• Think about angles. Your photographs could prove invaluable to an investigator or accident reconstruction specialist later. So take photos from multiple angles and double-check that your pictures are clear.

• Take videos. Videos of the scene may capture details missing from photos.

• Photograph injuries. If you were injured in the accident, take plenty of photos. If it is difficult to photograph your own injuries, ask someone else to help you. Wounds, bruises, and grazes may heal quickly after the accident. Photographic evidence taken immediately after the accident occurred could strengthen your case.

• Take as many photos as possible. The more photos you take, the more likely you are to capture useful information at the scene that may be impossible to obtain later. Although it is probably the last thing you want to do, you will be happy later if you take the chance to capture the accident scene.

Step 5 – Contact Your Insurance Company

This is a step that comes with a word of caution. Your insurance provider probably requires you to report an accident within a certain amount of time to make a valid claim. It’s ideal to report it as soon as possible. However, stick to the facts and do not express personal opinions.

You cannot trust your insurance company. Even though you have bought coverage and expect it to protect you in your hour of need, your insurance company is only interested in its bottom line. Insurance representatives may use things you tell them to pay as little as possible or deny your claim altogether.

However, Massachusetts is a “no-fault” state for car insurance. This means that whoever was at fault for the accident, your personal injury protection (PIP) insurance coverage will cover your medical expenses, those of your passenger, and up to 75 percent of your lost wages to a limit of $8,000.

This rule, though, does not mean that you cannot seek compensation from the at-fault driver. A Massachusetts car accident attorney can explain your legal rights.

Step 6 – Talk to a Massachusetts Car Accident Lawyer

As soon as possible after your car accident, talk to an experienced Massachusetts car accident lawyer. Unlike your insurance carrier, your attorney is 100-percent on your side. Give the lawyer as much information as possible, and he or she will listen carefully and provide tailored legal advice.

Car accident attorneys can draw on their knowledge of Massachusetts law and experience of previous cases to let you know whether your case is likely to succeed. If they feel it has a strong chance of success, they may agree to pursue a personal injury lawsuit on your behalf.

Handle Insurance Companies

Lawyers can help you handle communication with your insurance company in a way that will not backfire on you later. If you hire a car accident attorney to represent you, he or she can handle all communication on your behalf – with your insurance provider and the other parties’ insurance companies.

Negotiate Fair Compensation

Most car accident claims can be settled out of court. However, you need the skills and tenacity of an experienced lawyer to fight for the best deal on your behalf.

Carefully consider the law firm’s track record in car accident cases. If they have a strong record of achieving fair compensation for car accident victims, you can feel confident the firm has what it takes to give you the best chance of success.

Let Kiley Law Group Pursue Compensation for Your Massachusetts Car Accident

Our legal guide has shown you how to avoid criminal charges and protect your legal rights after a Massachusetts car accident. However, now you need to choose the right car accident lawyer. One who will fight aggressively for your rights while treating you with kindness and compassion.

Look no further than the Massachusetts car accident attorneys at Kiley Law Group. Our skilled and experienced lawyers have won over $1 billion for our clients over the last 40 years. We pride ourselves on giving personal attention to every one of our clients and fighting for maximum compensation every time.

It just takes one phone call to discover what Kiley Law Group can do for you. Call us at (978) 965-3228 for a free case evaluation or contact us online, and we will be in touch very soon.

Photo by Quinn Kowitt on Unsplash