Proving a Car Accident Claim in Massachusetts

When you are injured in a car accident, you may be entitled to compensation for your injuries.

However, it is helpful to know what you have to prove and the type of evidence you will need to prove your car accident claim.

A car accident claim is broken down into three major components:  Liability, Damages, and Insurance.

Auto Accident Liability

When proving liability, your car accident attorney must prove who owned and operated the car and that the driver was negligent.

The case must be fully investigated to determine where, when and how the accident happened.  Police reports, witness statements, any other incident reports,  photos of the scene and cars must be obtained.

In many cases such as a rear-end accident, liability can be easily established.  However, sometimes liability is contested and your attorney must prove that  the other driver was responsible for the accident.

Your case should be researched to find out if the other driver violated any laws, rules or ordinances as such violations can be used as evidence of negligence.

When all the facts are known and research is completed, your case will be evaluated to determine whether the other driver was responsible for the accident.

Rules of the Road

Some of the different types of laws, rules, and regulations concerning the operation of an automobile include:

  • Passing a vehicle (M.G.L. c. 89, s. 2)
  • Changing lanes (M.G.L. c. 89, s. 4A)
  • Keep in right hand lane (M.G.L. c. 89, s. 4B)
  • Right of way at intersection (M.G.L. c. 89, s. 8)
  • Stop at a stop sign or signal (M.G.L. c. 89, s. 9)
  • Pedestrians and crosswalks (M.G.L. c. 89, s. 11)
  • Passing trucks (M.G.L. c. 90, s. 4C)
  • Approaching a person on a bicycle; Obstructed view; Keep right when turning right; Slow down at intersection; Pedestrian – Slow down; Left turn on a one way street (M.G.L. c. 90, s. 14)
  • Speeding (M.G.L. c. 90, s. 17)
  • Cutting in after passing (720 CMR 9.06 (3))
  • Following too closely/tailgating – rear-end collisions (720 CMR 9.06(7))
  • Look before starting, stopping, turning or backing up (720 CMR 9.06 (9))
  • Emerging from a driveway or alley (720 CMR 9.06 (20))
  • Pedestrians – due care/horn (720 CMR 9.06 (28))
  • Backing up and U-turns (730 CMR 7.08 (17, b)

Auto Accident Injuries and Damages

Damages are established through medical records, reports and bills, evidence of any lost wages, and the testimony of anyone who has witnessed the impact of the injuries on you.  If your case is going to trial, your medical records and bills must be certified, sent to the other driver’s attorney together with a notice and a notice must be sent to the Court.

Your medical evidence must establish that you meet one of the statutory requirements of car accident bodily injury claims such as incurring at least $2,000.00 in medical bills or sustaining a fracture.

In addition, you must prove that the driver’s negligence caused your damages.

Automobile Insurance

The amount of available insurance coverage should be discovered before a demand is made and your claim is resolved.  Under M.G.L. c. 175, s. 112C, the insurer is required to provide written verification of the liability insurance coverage.  In addition, the coverage selections page of your car insurance policy should be reviewed to determine  if your insurance policy has any insurance coverage available to cover your loss such as Underinsurance.

Car Accident Attorney

An experienced car accident attorney  will establish who was at fault, the full extent of your damages, deal with the insurance company, and help you obtain the compensation you are entitled to.

Free Personal Injury Consultation

If you want to talk to Attorney Bob Allison about your claim, you can contact him now for a free consultation by calling 978-740-9433 or filling out our free consultation form. We look forward to talking to you about your Massachusetts personal injury claim.

By Bob Allison ǀ Last updated December 9, 2015

Category:  Car Accident