Did you know that rear end collisions are the second most common type of car accident? If you’ve recently been involved in a rear ended crash in Massachusetts, then it’s important to understand how traffic laws, your insurance policy, and even potential lawsuits could impact your future.
Determining who’s at fault in a rear end collision is paramount. While your insurance policy works on a no-fault basis, lawsuits are determined based on which party was at-fault for the crash. With that in mind, you need to know the answers to questions like: If you rear end someone is it always your fault? Can you still seek out a lawsuit if you accept compensation from your insurance policy? Should you hire a lawyer?
Learn everything you need to know about how our firm can help you navigate your rear end accident below.
Who’s At Fault in a Rear End Collision?
When you experience a hit behind car accident, the car that does the rear-ending is often the person that’s at fault. Why? In the majority of these types of accidents, the driver that rear-ends the leading car is often distracted or traveling too fast.
If you rear end someone, is it always your fault, though? There are exceptions to this general rule. So, when is a rear end collision not your fault? If the leading driver was negligent and caused the accident, then they’ll be considered at-fault.
What’s more, Massachusetts courtrooms operate on a contributory negligence standard, which means both parties could be found partially at fault and liable for the accident.
No-Fault Insurance in Massachusetts
Of course, it won’t matter much who is at-fault in your rear end collision if your injuries are not that substantial. Why? In Massachusetts, taking out no-fault insurance is a requirement. This insurance policy kicks in after an accident regardless of fault. That means you should get compensation from your own policy for any initial medical bills, lost income, and more.
Can You Seek Out a Lawsuit After a Rear Ended Crash
What if your losses exceed your insurance policy’s willingness to pay, though? For instance, what if your rear end collision caused you to develop a long-term neck injury? Your insurance policy does have limits, so they won’t be able to cover such a serious injury.
When this type of situation arises, the injured individual can still seek out a lawsuit against the other driver. You’ll be able to do this if your medical expenses exceeded $2,000 or you’ve suffered a permanent long-term injury. The lawsuit should help you recover completely from the financial losses you’ve endured. That should include medical bills, lost wages, property damage, and potentially pain and suffering, too.
Keep in mind that your own actions could impact the potential compensation you can receive, though. Contributory negligence means that your compensation could get reduced based on the percentage of fault you contributed to the crash.
Do You Need a Rear End Accident Attorney?
Before you seek out a claim, it might be a good idea to hire a rear end accident lawyer. A quality lawyer can help you determine whether seeking out a lawsuit is in your best interests. After all, no one wants to waste their time and money seeking out a claim that’s bound to fail. A good lawyer will also help you determine how much your claim is really worth. They should help you identify losses that you haven’t considered yet and help you calculate the appropriate level of compensation you deserve.
What’s more, a good lawyer will work with you every step of the way. They’ll assist you with filing out the right paperwork, negotiating with the other party, and collecting all your evidence together. If your case goes to trial, then they’ll be your best representative, too.
What to Do if Your Car Was Rear Ended
If your car was rear ended or you’ve rear ended someone else, it’s in your best interests to consult with a rear end accident lawyer as soon as you can. A quality lawyer will help you understand your legal options, rights, and obligations.
If you got injured in a hit behind car accident, then you’re likely hoping to collect compensation to recover from your losses. Your first stop will be getting coverage from your own no-fault insurance policy, but you’ll be able to seek out a lawsuit if your losses have exceeded your policy’s ability to pay you.
Are you looking to consult with an attorney to learn more about your options? Reach out to the car accident attorneys at the Law Offices of Gerald J. Noonan now to discuss your situation in detail with our lawyers.