A Proven Full Service Law Firm Since 1971
888-368-0983

A Proven Full Service Law Firm Since 1971
888-368-0983

A Proven Full Service Law Firm Serving the Families of the Local Community Since 1971

Massachusetts Hit-and-Run Accident Attorney

You’ve just been involved in a hit-and-run accident, and the experience has left you shaken, perhaps injured, and certainly wondering what to do next. One moment, you might have been driving through familiar streets, and the next, another driver hit your vehicle and sped away, leaving you with damage, potential injuries, and a profound sense of helplessness. 

It’s a deeply unfair situation, and you’re likely worried about how you’ll cover your medical expenses, repair your car, and deal with lost income if you can’t work. You might wonder who will be held accountable when the at-fault driver is nowhere in sight. But here’s what you need to know: you’re not without options for recovery, and a dedicated Massachusetts hit-and-run accident attorney can help you understand your rights and pursue the compensation you deserve.

At Bailey & Burke, we understand your concerns, and we are here to help. Contact us today for a free consultation. Let’s discuss your case and legal options.

Why Choose Bailey & Burke for Your Massachusetts Hit-and-Run Case?

Massachusetts Hit and Run Lawyer, Michael J. Bailey

When you are facing the complexities of a hit-and-run claim, the law firm you choose can make a significant difference. At Bailey & Burke, we have been serving Massachusetts since 1971, providing compassionate and effective legal support to people during difficult times. We have a 99.6% success rate in personal injury cases and are committed to giving your case the personal attention it deserves.

Our approach is built on a foundation of direct communication and steadfast advocacy.

  • Direct Attorney Access: From your very first meeting, you will work directly with an experienced lawyer. We believe you deserve to have your questions answered by the attorney handling your case, not just a paralegal.
  • No Fees Unless You Win: We handle personal injury cases on a contingency fee basis. This means you pay us absolutely no attorney fees until and unless we secure a financial settlement or court verdict for you.
  • Decades of Proven Results: Our attorneys have earned a reputation for thorough preparation and strong advocacy. We understand how to build a powerful case, whether that involves negotiating with your own insurance company or pursuing a claim against a driver who is later identified.
  • Personalized Client Service: We listen to your story, understand your goals, and tailor our strategy to meet your unique needs. We are available to meet on evenings and weekends and offer services to our Spanish-speaking clients.

We are committed to helping you get the best medical care available and providing the resources you need to focus on your recovery while we handle the legal details of your case.

Understanding Hit-and-Run Accidents in Massachusetts

A hit-and-run accident occurs anytime a driver involved in a collision leaves the scene without stopping to provide their information and offer assistance if needed. This act is not just irresponsible; it is illegal. In Massachusetts, drivers have specific legal duties after being involved in a crash.

What Legally Constitutes a Hit-and-Run in Massachusetts?

Under Massachusetts law, a hit-and-run is more formally known as “leaving the scene of an accident.” Any driver involved in a collision that results in property damage or injury to another person must immediately stop and provide their:

  • Name
  • Home address
  • Vehicle registration number

Failing to do this is a serious offense with potential criminal penalties. For victims, however, the immediate concern is not the driver’s punishment but how to cover the costs of the harm they have suffered.

Common Scenarios for Hit-and-Run Collisions

Hit-and-run accidents can happen anywhere, but certain situations are more common. You may have been involved in an incident in a busy parking lot, like at the Greendale Mall, where a driver hits your parked car and simply drives away. Other frequent scenarios include:

  • Sideswipes on Highways: A driver carelessly changes lanes on a major roadway like the Mass Pike or Route 146 and clips your car before speeding off.
  • Rear-End Collisions at Intersections: A driver hits you from behind at a stoplight in a bustling area like Kelley Square and flees to avoid responsibility.
  • Accidents Involving Pedestrians or Cyclists: These are particularly serious, as pedestrians and cyclists are unprotected. A driver might panic and flee after striking someone near Polar Park or on a residential street.

These incidents are all considered hit-and-runs, and in each case, the injured person has potential avenues for seeking compensation.

Your First Steps After a Hit-and-Run Accident in Massachusetts

Front-end vehicle damage after a car accident, illustrating the aftermath of a Massachusetts hit-and-run collision

Once you have addressed any immediate medical needs after a hit-and-run, the steps you take can greatly influence your ability to recover compensation. It’s important to be organized and proactive in documenting everything related to the incident.

  1. Write Down Every Detail You Can Remember. As soon as possible, create a detailed written account of the accident. Note the time of day, the exact location, the weather conditions, and everything you can recall about the other vehicle—make, model, color, license plate number (even a partial one), and any visible damage or identifying marks. If you saw the driver, describe their appearance.
  2. Contact Your Insurance Company. Report the accident to your own insurance provider promptly. Clearly state that it was a hit-and-run and provide them with the police report number if you have it. Be careful to state only the facts and avoid speculating about the incident.
  3. Continue with All Medical Appointments. Some injuries, like whiplash or concussions, may not show symptoms for hours or even days. It is crucial to see a doctor for a full evaluation and to attend all follow-up appointments. This not only protects your health but also creates an official record of your injuries.
  4. Keep a File of All Related Paperwork. Start a folder to hold every document connected to the accident. This includes medical bills, receipts for prescriptions, car repair estimates, and any correspondence from your insurance company. This documentation will be essential for calculating your damages.

By taking these organized steps, you can help build a strong foundation for a future insurance claim or legal action.

How Can You Recover Compensation After a Hit-and-Run?

A common question after a hit-and-run is, “Who is going to pay for my bills if the other driver is gone?” Fortunately, Massachusetts law requires drivers to carry specific types of insurance that are designed to protect them in exactly this situation. A skilled hit-and-run accident attorney can help you access these benefits.

Your Own Auto Insurance Policy: The First Line of Defense

Even if the at-fault driver is never found, you can often turn to your own car insurance policy for coverage. The key is understanding which parts of your policy apply.

  • Uninsured Motorist (UM) Coverage: This is a vital part of your insurance. In Massachusetts, a hit-and-run driver is treated as an “uninsured motorist.” Your UM coverage can be used to pay for bodily injuries caused by the fleeing driver, including medical expenses, lost wages, and pain and suffering, up to your policy limits.
  • Personal Injury Protection (PIP): Massachusetts is a “no-fault” insurance state, which means your own policy includes PIP benefits. As explained by the official Massachusetts government website on auto insurance, PIP covers the first $8,000 of your medical bills and lost wages, regardless of who was at fault for the accident.
  • Collision Coverage: If you have collision coverage on your policy, it can be used to pay for the repairs to your vehicle, minus your deductible. While you will have to pay the deductible initially, you may be able to get it back if the at-fault driver or their insurance company is later identified.

Dealing with your own insurance company should be straightforward, but sometimes providers can be difficult. They may dispute the extent of your injuries or try to offer a low settlement. An attorney can advocate on your behalf to ensure you are treated fairly.

What if the At-Fault Driver is Found?

If law enforcement successfully identifies and locates the driver who fled the scene, you will have another option: filing a personal injury claim against their auto insurance policy. This allows you to seek compensation for all of your damages, which could include:

  • All past and future medical expenses.
  • Lost income and diminished future earning capacity.
  • Pain and suffering.
  • Emotional distress.
  • Vehicle repair or replacement costs.

Identifying the driver opens the door to holding them directly accountable for the harm they caused by their negligence and their illegal act of leaving the scene.

The Role of a Massachusetts Hit-and-Run Accident Attorney

Pursuing a hit-and-run claim can be a complicated process filled with procedural hurdles. A personal injury lawyer from Bailey & Burke can manage every aspect of your case, giving you the space to focus on your health and well-being.

Our legal team will immediately get to work on your behalf.

  • Conducting a Thorough Investigation: We don’t just rely on the police report. We launch our own investigation to find evidence. This could involve canvassing the neighborhood or business district where the accident occurred, like on Shrewsbury Street, to search for security camera footage, or tracking down potential witnesses who may have seen something.
  • Managing All Insurance Communications: We will handle all calls, paperwork, and negotiations with insurance companies. We know the tactics they use to minimize payouts and are prepared to counter them with strong evidence and legal arguments.
  • Accurately Calculating Your Damages: We work with you and, if necessary, with medical and financial professionals to calculate the full value of your claim. This includes not just your current bills but also the cost of any future care you might need and the non-economic impact the injuries have had on your life.
  • Building a Persuasive Case: We assemble all the evidence—medical records, witness statements, repair estimates, and expert opinions—into a compelling case designed to achieve a fair settlement or a successful court verdict.

Having a dedicated legal advocate in your corner ensures that your rights are protected at every stage.

Common Injuries and Damages in Hit-and-Run Cases

Rear-end damage to a car after a hit-and-run accident on a Massachusetts roadway

The sudden, unexpected nature of a hit-and-run collision can lead to a wide range of injuries, from minor to life-altering. Because the at-fault driver flees, victims are also left to deal with significant financial and emotional burdens.

Physical Injuries

Even a seemingly minor collision can cause serious physical harm. Some of the most common injuries we see in these cases include:

It is vital to get a medical check-up after any accident, as the full extent of your injuries may not be immediately apparent.

Financial and Emotional Damages

The harm from a hit-and-run extends beyond physical pain. An attorney can help you seek compensation for all the ways the accident has affected your life. These damages are typically broken into two categories:

  • Economic Damages: These are the measurable financial losses you have incurred. They include all your medical bills, lost wages from being unable to work, the cost to repair or replace your vehicle, and any other out-of-pocket expenses.
  • Non-Economic Damages: These damages compensate you for the intangible, personal losses you have suffered. This can include physical pain and suffering, emotional distress, anxiety, loss of enjoyment of life, and scarring or disfigurement.

Our team at Bailey & Burke is skilled at demonstrating the full impact of these damages to secure the comprehensive compensation you deserve.

The Statute of Limitations for Massachusetts Car Accidents

It is important to be aware of the legal deadlines for taking action after an accident. In legal terms, this deadline is called the “statute of limitations.” It is a law that sets a strict time limit on your right to file a lawsuit.

For most personal injury cases in Massachusetts, including those arising from car accidents, the statute of limitations is three years from the date of the incident. If you fail to file a lawsuit within this three-year window, you will likely lose your right to seek compensation in court forever. While there are a few rare exceptions, it is always best to act quickly to preserve your legal options.

Massachusetts Hit-and-Run Car Accident FAQs

Here are answers to some common questions we receive about hit-and-run accidents in The Bay State.

What if I was a pedestrian or cyclist hit by a car that fled the scene?

If you were a pedestrian or bicyclist, you may still be covered. If you own a car and have an auto insurance policy, your own PIP and UM coverage can often apply to your injuries. If you do not have car insurance, you may be able to access benefits through the policy of a household family member. The legal options can be complex, so it is a good idea to discuss the specifics of your situation with an attorney.

Will my insurance rates go up if I file a UM claim for a hit-and-run?

In Massachusetts, it is illegal for an insurance company to raise your rates for an accident that was not your fault. Since a hit-and-run is, by definition, not your fault, making a claim under your UM or PIP coverage should not result in a surcharge on your policy.

What happens if the police never find the driver who hit me?

While it is always the goal to identify the fleeing driver, your ability to recover compensation does not depend on it. This is precisely why Uninsured Motorist (UM) coverage exists. An experienced attorney can help you file a claim with your own insurance company to cover your medical bills, lost wages, and other damages, just as if the at-fault driver’s insurance were paying.

Can I get compensation for the emotional stress a hit-and-run caused?

Yes, compensation for emotional distress and pain and suffering is a key component of a personal injury claim. Being the victim of a hit-and-run can be a frightening and traumatic event. These non-economic damages are meant to recognize the significant personal impact the incident has had on your life, beyond just the financial costs.

What if the other driver is found and claims I was partially at fault for the accident?

Massachusetts follows a modified comparative negligence rule. This means you can still recover damages as long as you are found to be 50% or less at fault for the accident. However, your total compensation award will be reduced by your percentage of fault. For example, if you are found to be 10% at fault, your award would be reduced by 10%. An attorney can work to fight back against unfair accusations of fault from the other driver.

How much does it cost to hire Bailey & Burke for my case?

We handle all personal injury cases on a contingency fee basis. This means there are no upfront costs or hourly fees. Our payment is a percentage of the financial recovery we obtain for you. If we do not win your case, you owe us nothing in attorney fees. This arrangement allows everyone to access high-quality legal representation regardless of their financial situation.

Take Control of Your Recovery with Bailey & Burke

After a hit-and-run accident, you need a law firm that will stand by your side and fight for your rights. At The Law Offices of Bailey & Burke, we have been helping people across Massachusetts since 1971. We combine decades of experience with a genuine commitment to each client’s well-being. You can trust our team of personal injury lawyers to handle the legal burdens so you can concentrate on what matters most: your recovery.

Don’t wait to learn about your legal options. Contact us today for a free, no-obligation consultation to discuss your case. Call our office at (888) 368-0983 or reach us through our online form to speak with an accomplished Worcester attorney.

Bailey & Burke - Clinton MA Office

77 High St #3
Clinton, MA 01510

(888) 368-0983