Our roads are getting more crowded, while drivers often multitask behind the wheel. These factors can lead to rear end crashes. In Massachusetts, there are specific laws about who’s to blame in these accidents. But even with clear laws, proving liability isn’t always straightforward. What seems obvious at first can often become more complex when all the facts come out.
That’s why knowing your rights and responsibilities after a rear end collision is so vital to getting maximum financial compensation. Let’s break down what you need to know about rear end accident liability in Massachusetts.
- What Is Considered a Rear End Accident in Massachusetts?
- Who Can Be at Fault in a Rear End Accident?
- Get a Free Case Evaluation
- Massachusetts Standard of Fault
- How to Prove Liability in Rear End Collision
- Contact Our Rear End Collision Attorneys for a Free Case Evaluation!
- 30-Day, Risk-Free Guarantee
What Is Considered a Rear End Accident in Massachusetts?
A rear end accident is when one car crashes into another from behind. According to Massachusetts car accident statistics, rear end collisions make up 8% of all car crashes in our state.
The most straightforward scenario is when a stationary vehicle is hit from behind. This usually takes place at red lights or stop signs. Sometimes, a rear end collision can involve several cars, which is called a “chain reaction.” For instance, Car A hits Car B, which then hits Car C. So, all three vehicles end up getting damaged.
Who Can Be at Fault in a Rear End Accident?
Before we explore who’s to blame for rear end crashes, there’s something you should know about Massachusetts rear end collision law. Sometimes, the cause of the collision may not immediately matter.
Why? Massachusetts is a “no-fault” state. This requires car accident victims to rely on their own insurance to cover their medical expenses first (up to $2,000) through Personal Injury Protection (PIP).
In general, PIP coverage gives you up to $8,000 in expenses and 75% of lost wages. If your bills go beyond this amount, you can take legal action against the rear driver.
Now, let’s see who might be held responsible for a rear end collision.
Motor Vehicle Drivers
Drivers hold the primary responsibility for rear end crashes. Regular drivers must stay focused on the road and keep a safe distance from other cars. They should be on the lookout for brake lights, road and weather conditions, and traffic signs. When motorists get distracted by phones, food, or other activities, they put everyone at risk.
Massachusetts expects all drivers to stay careful on the road. If they don’t follow these rules and cause a rear end collision, they are responsible for any property damage and serious injuries they create.
Driver’s Employers
Companies can also be liable for rear end accidents, even if they weren’t at the scene. Let’s say a delivery company pushes its drivers to meet deadlines that are too tight. This could make them take unnecessary risks on the road.
Overall, businesses have big responsibilities. They need to check driving records before hiring, train their employers, and keep vehicles in good condition. Delivery companies, truck companies, and taxi services must have safety rules. When delivery companies, truck companies, and taxi services attempt to save money by compromising on safety, they may bear the blame for accidents. Even if their worker caused the collision, the company might have to pay for damages.
Government
Picture driving along a road where overgrown trees obscure a stop sign. Situations like this can also cause a rear end collision. Who is to blame in such cases? Local governments must keep our roads safe. For instance, fix pesky potholes that make people swerve around. They must also make sure traffic lights work like they’re supposed to. When these responsibilities are neglected, the government shares the blame for resulting accidents.
Passengers
Passengers can also cause a rear end collision, although it doesn’t happen as often. Their actions can affect how safely the driver can handle the car. If a passenger suddenly grabs the wheel or the driver’s arm, it creates a dangerous situation. Fighting or arguing in the car can also make the driver lose focus. In addition, some passengers may urge drivers to speed up or to get too close to other vehicles.
Generally, figuring out who’s at fault needs solid proof, even when things seem clear. Your rear end accident attorney can help you put together a compelling personal injury claim.
Get a Free Case Evaluation
Massachusetts Standard of Fault
The state operates under a system known as “modified comparative negligence.” This allows you to recover compensation for damages even if you bear some responsibility. But here’s the key point — you can only claim compensation if your fault is determined to be 50% or lower.
Massachusetts determines fault in rear end collisions based on specific criteria, often assigning liability to the party whose actions contributed most to the accident. Here are common standards used to assess fault:
- Following another vehicle too closely.
- Speeding or driving aggressively.
- Making sudden stops without reason.
- Driving distractedly (e.g., using a phone).
- Operating a vehicle under the influence of drugs or alcohol.
- Failing to yield at intersections or when merging.
- Driving with defective brakes or unsafe equipment.
- Ignoring traffic signs or signals.
- Unsafe lane changes or turning without signaling.
- Neglecting road conditions like wet or icy surfaces.
These guidelines help allocate fault percentages in accidents, impacting compensation claims. Understanding these standards is crucial for protecting your rights and ensuring fair liability distribution.
How to Prove Liability in Rear End Collision
You need solid proof to maximize car accident claim, especially when you’re dealing with insurance companies or if your case heads to court. The more evidence you gather, the stronger your case becomes, particularly when rear driver fault isn’t completely clear or when multiple factors played into the accident.
Physical Evidence
Every little bit of damage can explain how the rear end crash went down. Let professionals analyze this evidence, and they can create a clear picture of what happened. Insurance companies definitely won’t be able to ignore this proof.
Video Footage
Today, cameras are everywhere. Nearby shops likely have security cameras pointed at the street. Plus, many Massachusetts drivers have dash cameras recording all the time. Video evidence doesn’t pick sides. Sometimes, what these cameras catch can absolutely change the way people see your rear end collision case.
Scene Photos
Fresh pictures from the accident scene can also be incredibly valuable. They freeze dark tire marks on the asphalt, debris spread across the lanes, and any car damage. Just ensure to take these photos from every possible angle before anything gets moved.
Witness Statements
The perspective of independent observers may reveal details you could miss. Their statements are especially crucial when there’s any disagreement about how the accident occurred.
Contact Our Rear End Collision Attorneys for a Free Case Evaluation!
Now you know what the rear end collision law in Massachusetts says. But just knowing that isn’t enough to win your case because insurance companies usually try to pay way less than you deserve.
Michael Kelly Injury Lawyers are here to gather evidence, negotiate with an insurance company, and fight for a fair payout. Contact us today for a free case review!
