Injured in a Boston car accident? Our experienced car accident lawyers will fight for the compensation you deserve. With proven success against insurance companies and deep knowledge of Massachusetts law, we’ll handle your claim while you focus on recovery. Call (617) 444-4444 for a free consultation today!
Essential Steps to Take After a Car Accident in Boston
Your Boston car accident claim begins at the accident scene. The steps you take immediately after the crash can affect the potential financial compensation you can recover. It’s important to take the following steps to protect your health and your claim:
Report the Accident
Call 911 to report the accident. Police and emergency personnel can respond to the auto accident site. If you are injured, they will transport you to the nearest hospital for treatment and evaluation. A law enforcement officer will investigate the crash and make an official police report that will serve as an important document to support your claim.
Seek Medical Treatment
If you were injured in a car crash and the emergency medical technicians who responded to your call recommend medical treatment, accept it. Your health is the top priority. Delaying treatment can not only cause your injuries to worsen but also risk having your claim denied by the insurance company.
Your treatment also provides a medical record of your injuries, which can show that you took the situation seriously and responded promptly. It can also serve as proof of the connection between the accident and your injuries.
Gather Information
Gather information from the other drivers involved in the accident, including:
- Names and contact information
- Driver’s license numbers
- Registration and insurance information
- Year, make, and model of the vehicles.
If any witnesses stopped at the accident scene, ask for their names and contact information, too. Your attorney can follow up with them later to get an objective witness statement about how the accident occurred.
Take Photos
Drivers often have different versions of how the accident occurred because they don’t want to be found at fault. However, photos are objective evidence. So, get as many pictures of the accident as possible, including wide shots and close-ups. The key things to photograph include:
- The vehicles involved
- Names of nearby streets
- Road and weather conditions
- Traffic signs or lights
- Skid marks
- Debris on the roadway
- Damaged property.
Obtain the Police Report
You can obtain an accident police report by sending a written request to the local or state police department or Registry of Motor Vehicles. Your attorney can use the information on the report to verify insurance coverage and its limits and file your personal injury claim.
Document Your Losses
You may begin suffering immediate financial consequences due to the crash. However, you may be able to recover compensation for these losses as a car accident victim, so keep all of your receipts, invoices, estimates, and bills related to them, such as:
- Medical bills
- Co-pays and deductibles you paid
- Rideshare receipts
- Car rental receipts
- Payments to car mechanics
- Check stubs and employment records regarding your lost wages
Continue Your Medical Treatment
Follow your doctor’s orders so you do not worsen your injuries or slow your medical recovery. Your attorney may also advise you to keep a journal with details about your medical care regimes, pain, and complications you face due to your car accident injuries.
Call Our Boston Car Accident Lawyers
Our Boston personal injury lawyers handle car accident claims regularly. They know the tactics insurance companies use to try to avoid paying fair compensation. They can advise you of the next steps to take in your case and handle the insurance claim process so you can focus on your recovery.
Our team knows the steps to obtain additional evidence to support your claim, such as traffic camera accident footage, dashcam footage, cell phone records, and information stored in electronic data recorders. A lawyer can send letters instructing parties to preserve this information as potential evidence for your car accident case. This can help prevent valuable evidence from being lost or destroyed.
At Michael Kelly Injury Lawyers, we are focused on helping you through this challenging time and securing meaningful compensation for your injuries. Call us today for a free consultation.
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What Compensation Can Be Recovered After a Car Accident in Boston?
If you have been injured in such an accident, you should initially file a claim with your own insurance company or the insurer of the car in which you were riding. Drivers in Massachusetts are required to carry certain mandatory amounts of auto insurance coverage, including Personal Injury Protection (PIP). This is sometimes referred to as no-fault insurance.
PIP covers the medical bills for each person in the car who is injured in an accident. Regardless of who caused the accident, the insurance company should cover your medical bills for personal injuries and may cover a portion of your lost wages up to $8,000 per person, according to the terms of the policy.
If your injuries are more serious and exceed $2,000 or include broken bones, spinal cord injury, serious disfigurement, eye damage, hearing loss, or burn injuries, you may be entitled to file a car accident lawsuit. This way, you can seek compensation for your injuries and other losses if another driver was at fault for the accident.
Medical Bills
You may have a right to seek compensation for your medical bills, rehabilitation, prescription medicines, and the costs of your future medical treatment or rehabilitation related to your injuries. An assessment of future expenses is especially important if you get disability after a car accident.
Lost Wages
The Commonwealth of Massachusetts allows you to seek compensation for lost income if your injuries forced you to miss work. If you cannot return to work after the accident or the type of work you can perform becomes limited, then you may seek compensation for your reduced earning capacity.
Pain and Suffering
Massachusetts juries may award compensation for both physical and emotional pain. You may seek compensation for your pain and mental anguish, as well as the past and future shock and anxiety resulting from your injury. This is commonly referred to as pain and suffering.
Disfigurement
If your injuries caused scarring and disfigurement, the loss of a limb, or changes in your appearance, you may seek compensation for disfigurement.
Property Damage
You may seek compensation to pay for your car repairs or replace your car if it was totaled.
Who Can File a Lawsuit for a Boston Car Accident?
According to Massachusetts law, when a collision occurs between two or more vehicles, one driver is usually held responsible for the accident. If you are a victim and have sustained car accident injuries, you have the legal right to compensation for your accident-related losses. This can be done by filing a motor vehicle accident claim with the at-fault driver’s insurance company.
If the settlement offered by the insurance company is not fair, you may decide that the best course of action is to pursue a car accident lawsuit according to Massachusetts law. This legal action can help you recover damages for medical expenses, lost wages, and other costs related to auto accidents.
Car crash victims deserve to know their rights and how the legal process can significantly affect their recovery, especially in the case of catastrophic injuries where it is necessary to receive funds for injuries sustained. An attorney with car accident experience can help you achieve fair results in your Boston car accident case.
Boston Car Accident Statute of Limitations
A statute of limitations is the time limit for filing a lawsuit or legal claim. For car accidents in Massachusetts, the limit is three years, according to Chapter 260 § 2A of Massachusetts General Law.
However, there are exceptions. For example, if the victim was a minor or mentally incapacitated at the time of the accident, the timeline is extended until they reach the age of 18 or regain mental competence.
It’s best to consult a lawyer to ensure that everything is filed on time. Our experienced car accident injury lawyers can guide you through the process and take the appropriate legal steps.
Determining Fault and Massachusetts No-Fault Rules
All drivers in Massachusetts have a legal responsibility to operate their vehicles with reasonable care. If they behave carelessly, such as speeding or running a traffic light, they are considered negligent.
In some car accidents, several drivers or other parties are at fault. Massachusetts uses the legal doctrine of comparative fault in these cases. An insurance claims adjuster will determine fault based on the evidence presented by the parties.
You may still collect damages in a car accident lawsuit if you are partially at fault, so long as you are less than 50 percent responsible. However, your compensation will be reduced proportionately to this percentage. For example, if a jury awarded $100,000 in damages and found that you were 25 percent at fault, you would receive $75,000 in damages.
As to minor car accidents, Massachusetts handles most of them under the no-fault rules. In these situations, drivers cannot take each other to court unless the following conditions apply:
- You have incurred $2,000 or more in medical bills or other expenses.
- You have suffered a serious injury as the result of the accident, which can include loss of hearing or vision, broken bones, and/or permanent disfigurement.
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Causes of Boston Car Accidents
It is well-known that Boston is a dangerous place to drive. Boston has heavy commuter traffic and a high number of aggressive drivers that make it more likely that you or someone you know will be involved in a serious accident. Many types of driver behaviors prove to be dangerous or deadly. Among the common causes of car accidents are:
The Most Common Injuries in Car Accidents in Boston
At Michael Kelly Injury Lawyers, we have extensive experience representing car accident victims who have suffered various types of injuries. We also understand that not all Boston car accidents are the same — some are far more serious than others.
In some car accidents, you might not sustain injuries at all. But in a very serious incident, you may sustain bodily injury, including:
- Spinal cord injuries
- Traumatic brain injuries
- Concussions
- Neck and back injuries
- Amputations
- Burn injuries
- Organ damage
- Internal bleeding
- Whiplash
- Soft tissue injuries
- Post-traumatic stress disorder (PTSD).
It is important to consult with an experienced car accident attorney to learn about your rights after sustaining injuries. Unfortunately, in some motor vehicle accidents, you might not know that you are injured up front. It might take time for injuries to appear and for you to realize the long-term implications of the incident. This is also one of the reasons why you shouldn’t accept money at the scene if the other driver offers to pay out of pocket.
An experienced lawyer will analyze the long-term implications and potential complications that might come up later. The best Boston auto accident attorneys will consider this when seeking compensation for your injuries.
How Can a Car Accident Lawyer Help Me?
Serious car accidents can be complicated to resolve. If the accident caused serious injuries, disputes about payment of medical bills often arise. You should not have to pay medical bills or be burdened with medical debt if someone else caused the collision.
You may be unsure whether you have grounds for a personal injury lawsuit or have questions about whether another driver involved in the accident should pay your medical expenses. We will review the details of the car crash and explain your legal options free of charge.
If we represent you, you won’t need to worry about car accident lawyer fees. We will handle your claim on a contingency fee basis. You will not owe any attorney’s fee unless we obtain money for you.
Car Accident Cases We Handle
The variety of auto accidents that you can get hurt in is, unfortunately, exceptionally versatile. A distracted driver, a road defect, or bad weather can serve as the cause of severe bodily injury, property damage, or other losses and implications.
The type of the accident, along with its severity, usually predetermines the compensation you can claim. By working with experienced car accident lawyers, you multiply your chances of settling for the reimbursement that covers your past, present, and future expenses.
Our team includes professionals specialized in different legal areas, from Boston hit-and-run accident lawyers to specialized rear-end accident lawyers. Some of the most common motor vehicle accidents we handle are:
- Rideshare accident
- Head-on collisions
- Rear-end accidents
- Side-impact
- Multi-vehicle accidents
- Rollovers
- Hit-and-run accidents
- Parking lot accidents
How Do I Choose a Car Accident Lawyer?
You want to select an experienced accident lawyer who you can trust to fight for you and never give up. At Michael Kelly Injury Lawyers, we are dedicated to pursuing justice for our clients. Some suggestions for selecting an attorney include:
- Work with a lawyer who has a thorough knowledge of Massachusetts personal injury law.
- Choose an accident lawyer who has handled numerous similar cases. The energetic attorneys at Michael Kelly Injury Lawyers work on auto accident cases every day.
- Select a lawyer who is a good communicator, one who will keep you informed of developments in your case and won’t keep you waiting when you have questions.
- Look for a lawyer who will investigate your case thoroughly and pursue it where it leads.
- You should be represented by a lawyer who has proven skills in negotiating settlements with insurance companies. We have settled hundreds of cases.
- Opt for a trial lawyer who has the litigation skills to take your case to court if necessary.
Having a trial lawyer negotiating on your behalf signals to the insurance companies that you are serious about receiving full compensation for your car accident injuries. Insurance companies are more likely to offer maximum compensation if they know they will end up in court otherwise. The personal injury attorneys at Michael Kelly Injury Lawyers are talented, experienced trial lawyers.
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Cooperating with a Boston Car Accident Lawyer
Working with an experienced accident attorney can make a significant difference in the outcome of your case. From the start, the lawyer will guide you through the legal process and help you understand your rights and options.
Your role in this cooperation is to provide all necessary documents, such as the accident report, photos, and any communication with insurance companies. Open and honest communication is key — share every detail about the accident, even if it seems like it won’t matter.
Your lawyer will handle all the complexities of the Boston car accident claim. They will negotiate with your own and the other driver’s insurance companies, gather evidence, and represent you in court if the case goes to trial. They will also work to secure the compensation you deserve for medical bills, lost wages, and other damages.
At Michael Kelly Injury Lawyers, we are dedicated to our car accident clients’ cause and do our best to support them in this stressful period. When you work with us, you can be sure that we will stay in touch with you and do everything to build a strong car accident case and achieve the resolution you are hoping for.
Massachusetts Car Insurance Requirements
The state of Massachusetts has a few specific requirements for car insurance to make sure residents have coverage that is adequate in case they are involved in an accident. These requirements are in place to protect you but can quickly increase the cost of your policy depending on the limits you choose. If you’re a safe driver, you will probably be eligible for a discount on your insurance premium.
You must carry the following four types of insurance if you own a vehicle in the state of Massachusetts:
Personal Injury Protection (PIP) will cover your or your passenger’s injuries caused in an accident. This coverage is there regardless of who is at fault.
Dealing with an Insurance Company After a Car Accident
Dealing with an insurance company that has denied your claim can be extremely frustrating. If you are trying to recover from a serious injury, it can add to your stress and slow your recovery. It is important to understand why your claim was denied.
You should seek the help of a Boston car accident lawyer if the other driver’s insurance company has denied your claim. Our attorneys can review the facts regarding the accident and explain whether you have a valid claim and what steps to take.
Having a clear understanding of your legal options is important to know how to proceed. If the car insurance company is acting in bad faith, a seasoned car accident lawyer can file a lawsuit on your behalf against the at-fault driver and their insurer to pursue full and fair compensation.
Car Accident Statistics in Massachusetts
According to the most recent data from the National Highway Traffic Safety Administration, 2024 has shown a promising decline in traffic accidents nationwide. However, there have been over 116K car crashes in Massachusetts in 2024, and 339 of them resulted in fatalities.
Boston, being one of the largest cities in the state, counts the most fatal collisions according to the Massachusetts Department of Transportation — there have been 14 traffic fatalities in the city, which is a slight increase in comparison to the previous two years. Vehicle operators, pedestrians, and bicyclists remain the most vulnerable road user categories in Massachusetts.
Here’s a comparison of the severity of injuries that accident victims have suffered from 2022 to 2024 as per the most recent MassDOT data:
| Injury type | Year | ||
| 2022 | 2023 | 2024 | |
| Fatal injuries | 409 | 324 | 339 |
| Serious injuries | 2,531 | 2,421 | 2,031 |
| Minor injuries | 17,419 | 18,668 | 16,459 |
| Possible injury crashes | 10,521 | 9,736 | 8,287 |
| No injury collisions | 94,869 | 96,193 | 83,644 |
| Other | 8,574 | 8,108 | 5,312 |
Most deadly injuries in the state come from three main types of two-vehicle fatal crashes:
- Front-end collisions — 66%
- T-bone collisions — 29%
- Rear-end collisions — 6%.
Although every vehicle incident is unique, they are often caused by similar things:
- Impaired driving: In 2021, 34% of deadly car accidents involved an impaired operator.
- Distracted driving: People talking on their phones, checking messages, directions, or other data on their electronic devices, speaking with their passengers, or paying attention to something outside the vehicle caused over 8K collisions across the state in 2024.
- Speeding: Over 27% of all the fatal incidents in 2022 in Massachusetts were a direct outcome of speeding, resulting in over 100 casualties.
Contact a Boston Car Accident Lawyer Today!
Our lawyers will move quickly to investigate your personal injury case and preserve evidence. We will interview witnesses, gather photos of the accident scene, and talk with the police.
Based on our investigation, we will determine all the potentially responsible parties. In some car accidents, more than one party shares responsibility. We will identify all the insurance coverage potentially available to provide compensation to you. Identifying multiple insurance policies can increase the amount of car accident compensation you can receive.
- We will estimate your present and future losses related to the accident, including loss of income if you cannot return to work. We will present a claim to the insurance company reflecting the full amount of your losses.
- We will negotiate aggressively on your behalf for a reasonable settlement. We are successful in settling most claims out of court. But if the insurance company refuses to agree to a fair settlement, we will be prepared to go to court to pursue justice for you if necessary.
Having an experienced car accident attorney advocate for you offers you the best chance of recovering a settlement or jury award that reflects the full extent of your injuries and losses. Call us or fill out our contact form to get a skilled attorney on your side!
Related Resources
- CDC — Transportation Safety Guide
- Mass.gov — Report the car accident
- General Laws — Car Accident Laws
- Division of Insurance (DOI)
- Boston Municipal Court
- Mass.gov — Auto Insurance Claims
Massachusetts Car Accident FAQs
How Do I Know If My Car Accident Claim Is Valid?
Every motor vehicle accident involves different circumstances, liabilities, and damages. The easiest way to figure out where you are standing with your personal injury claim is to contact a professional legal representative.
Our Boston car accident attorneys offer free case evaluations to car accident clients. Even if you don’t have a valid car accident case, at least you will be sure of it instead of wondering whether you should have hired a lawyer and eased the financial toll the incident had on you.
Can I Settle My Car Accident Claim Without Going to Court?
Most car accident claims are resolved without going to trial due to the court expenses that both parties are willing to escape. Usually, the cases are negotiated between personal injury lawyers and insurance companies. However, if the insurance provider denies the claim or insists on unfair compensation, you can ask your legal representative to prepare and file a lawsuit.
Often, it is the client who chooses which route to take. An experienced legal representative will inform you of the advantages and drawbacks of either course so that you can make an informed final decision.
What Types of Damages Can I Recover After a Car Crash?
There are three main categories of damages you can recover after a car accident:
- Economic
- Non-economic
- Punitive
The first covers monetary losses, such as medical expenses, loss of income, property damage, and other related costs. Non-economic damages refer to the pain and suffering that severe car accident injuries have inflicted on you and your loved ones after the incident.
The last type of damage is the rarest since it implies that the party responsible has been extremely reckless or inflicted injuries or, in some cases, wrongful death intentionally. They are exemplary measures added to the financial compensation.
Who Can I Sue for My Car Accident?
Usually, you can sue the at-fault driver, the driver’s employer, or another driver’s insurance company after an auto incident. However, in some instances, you can also file car accident lawsuits against the government entity, vehicle manufacturer, or property owner. It is possible to sue multiple parties if the accident is highly complicated.
You can make the most of your bodily injury claim with an expert Boston car accident attorney by your side. They will help you assess the full scale of the sustained losses so that no detail is left out.
