Always Seek Medical Attention First
As soon as you find yourself in a speeding accident, get to a safe place away from traffic and call emergency services as soon as possible, even if you feel fine. The injuries you receive from an accident may not be immediately obvious, and if you wait too long to report them, you’ll have much more trouble getting compensation for the resulting medical bills.
Seeking medical attention straightaway allows you to directly connect your injuries to the accident, and can even be lifesaving in the case of more severe injuries.
Filing an Accident Report
The state of Massachusetts recommends filing an accident report for any car accident that occurs on a public road within five days of the incident. For the accident to warrant a report, at least one party must be injured or at least $1,000 worth of damage must occur. They offer a form for you to print out and submit, which includes information such as:
- Where the accident happened and whether or not it was at an intersection.
- The vehicles, passengers and non-motorists that were involved in the incident.
- The conditions under which the accident occurred.
- A diagram depicting the accident. (A grid is provided in the form.)
- A description of how the accident happened, as well as any other non-vehicular property damage that occurred.
Complete three copies of the report. Then, send one to your local police department, one to your insurance provider and one to the Boston Registry of Motor Vehicles. This creates a paper record of the events that unfolded and can be used to give insurance agents a more accurate image of who was at fault.
Understanding Speed Limits in Boston, MA
While following the speed limit seems like a fairly intuitive process, Boston has some unique speed limit laws that it’s important to understand ahead of time. Following the local speeding laws can help you avoid accidents and may strengthen your case if an accident does occur.
Always Follow the Posted Limit
As with anywhere else, if there’s a posted speed limit, follow it. Typically, this alone will be enough to get you through a drive safely. To ensure you’re always following the posted speed limit, be sure to stay vigilant so that you can spot a new sign any time the limit changes.
What if There Is No Posted Limit?
On roads without a posted speed limit, Massachusetts’ statutory speed limits apply. Under Massachusetts law, all roads have a sort of default speed limit which motorists must abide by unless a posted speed limit says otherwise. These default speed limits vary based on the type and location of the road. These speed limits are as follows.
- 50 MpH on a divided highway in a sparsely populated area.
- 40 MpH on an undivided highway in a sparsely populated area.
- 30 MpH in any densely populated area.
- 20 MpH in any school zone.
Be sure to have these statutory speed limits memorized, and if you haven’t seen a posted speed limit in a while, adjust your speed as necessary to be safe.
How Fault Is Determined in Boston
To determine who pays and who is compensated in a speeding accident, insurance companies must determine who’s at fault for the accident. If one party is ruled more than 50% at fault, they (or their insurance provider) will have to pay out for all damages that resulted from the accident, and they generally lose the right to recover any damages of their own.
Even if you’re not found at fault, though, your fault percentage can still affect your compensation. The lower your fault is, the higher your compensation will typically be. Your payout is docked for every percentage point of fault you hold. Fault is determined by several criteria.
Who Was Speeding?
Speeding motorists are a danger to themselves and others and are therefore more likely to be considered at fault for an accident. Bear in mind that this doesn’t guarantee anything, though. Fault is determined through a large number of factors, of which speeding is only one. If there’s strong evidence in favor of the speeding motorist, they may be able to avoid fault.
Who Had the Right of Way?
If one or both parties fail to follow state and local right-of-way laws, they may be held liable for doing so. This could include driving through a 4-way intersection when it’s not their turn to do so, failure to yield and other similar infractions.
Because right-of-way violations happen very suddenly, it can be difficult for other motorists to stop in time to avoid a crash. As such, if the other motorist in an incident committed a right-of-way violation, you may have a stronger case against them when determining fault.
Were Any Involved Parties Distracted?
If you or the other party is distracted when the crash occurs, insurance companies are much more likely to find the distracted party at fault. Responding to a text, checking a map, or turning around to talk to a passenger can constitute a distraction, so be sure to keep your eyes on the road and stay focused at all times.
Getting Compensated
To get compensation for a car accident, you typically have two options: reaching an out-of-court settlement with the other party’s insurance company, or filing a lawsuit and settling in court. The former is the preferred option for most people, but in some cases, they may have to resort to the latter.
Insurance companies, though useful at times, ultimately look out for themselves, so if they can find a way to avoid paying damages, they most likely will. If you have undeniable evidence and a strong lawyer, though, they’re much more likely to cut their losses and pay you to avoid the time and expense associated with a lawsuit.
If they continue to refuse, though, you may have to escalate the case to court. In this case, it’s especially important to have a lawyer representing you, as the ins and outs of Massachusetts injury law are more complex than most laymen are equipped to handle.
Finding the Right Lawyer for Your Speeding Accident in Boston, MA
If you want to maximize your chances of getting the compensation you deserve after a speeding accident in Boston, MA, you need to have the right legal team in your corner. That’s where we at Sweeney Merrigan Personal Injury Lawyers come in. We’ve been fighting for the people of Boston for over a decade and we can fight for you too.
Contact us today to schedule a free consultation and we’ll see what we can do for you.
