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...
Car Accidents
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...
Employer Liability for Distracted Driving Accidents in Massachusetts
Under certain conditions, a business can be held financially responsible if a worker causes a crash while sending a work-related text. The law holds the employer responsible for accidents caused by their staff while on the clock. The concept of vicarious liability for...
How the Consent to Settle Clause Can Affect Your UIM Claim
If you have been seriously hurt in a car accident and the other driver's insurance is not enough to cover your losses, you may be counting on your own underinsured motorist settlement in Massachusetts to fill the gap. But there is a hidden procedural rule in your auto...
When Does Texting While Driving Cross the Line Into Gross Negligence?
When a texting driver causes a serious crash, the legal consequences should match the recklessness behind the wheel. Under state law, gross negligence in Massachusetts texting while driving cases carries far greater legal weight than ordinary carelessness, and that...
Using Underinsured Motorist Coverage in Catastrophic Claims
Head-on collisions are among the most dangerous. If you or a loved one was involved in a head-on car accident, finding out the at-fault driver only carried minimum insurance can feel like a second blow. Finding out your policy’s underinsured motorist limits in...
How to Appeal a “Standards of Fault” Determination to the Merit Rating Board
If you receive a Surcharge Notice from your insurance company placing you more than 50% at fault for a collision, you have the right to appeal that decision to the Board of Appeal after a car accident. Many drivers assume the insurance adjuster conducted a deep...
