How does the crashworthiness doctrine apply in Massachusetts when a roof collapses in a rollover? The crashworthiness doctrine in Massachusetts allows injured occupants to sue an auto manufacturer when a vehicle's roof collapses during a rollover and makes injuries...
Month: June 2026
Bypassing the $5,000 Road Defect Cap in Massachusetts Tripped Rollover Cases
Can Massachusetts tripped rollover victims recover beyond the $5,000 road defect cap? Yes, in some cases. The $5,000 cap under M.G.L. c. 84, § 15 generally limits certain public-way defect claims against cities, towns, counties, and local water and sewer commissions....
The Collision Deductible Waiver Trap After a Massachusetts Hit-and-Run
Why do I still have to pay my collision deductible after a Massachusetts hit-and-run if the crash was not my fault? In Massachusetts, the collision deductible waiver usually applies only when the other driver can be identified. If the other driver leaves the scene and...
Overcoming the Sudden Medical Emergency Defense After a Head-On Crash
Who has the burden of proof when a Massachusetts driver claims a sudden medical emergency caused them to cross the center line? In Massachusetts, a sudden medical emergency is an affirmative defense. This means the driver must prove the medical emergency was sudden,...
Why No-Contact Accidents Are Valid Hit-and-Run Claims in Massachusetts
Why can no-contact accidents still count as hit-and-run claims in Massachusetts? A phantom vehicle accident in Massachusetts is a crash caused by an unidentifiable driver who never physically touches your car. The Massachusetts Supreme Judicial Court (SJC) ruled in...