Were you recently injured in an incident along the highway? From I-95 and Route 1 to other busy thoroughfares in the area, crashes on high-speed roadways in Peabody often result in serious injuries and major consequences for reasons that weren’t your fault.
The aftermath of a collision on the highway is mentally confusing and emotionally draining, not to mention financially distressing. However, you don’t have to figure everything out on your own. Instead, let a highway accident lawyer in Peabody help you move forward with your case.
At Jason Stone Injury Lawyers, we’ve been representing people like you as their Peabody car accident lawyer for 21-plus years. In that time, our team has recovered more than $250 million in compensation. We’re here to help.
Common Causes of Highway Accidents in Massachusetts
Highway accidents in Peabody often result from a variety of factors, many of which involve driver negligence or hazardous road conditions. Your Peabody personal injury lawyer will help you pinpoint the reason behind the collision that left you injured.
In the meantime, these are common causes of highway-related incidents in the area.
Distracted Driving
Using mobile phones, operating GPS devices, or engaging in other distractions while behind the wheel is a leading cause of highway collisions.
Massachusetts law prohibits the use of handheld electronic devices while driving, according to M.G.L. c. 90, § 13B. Violations will likely result in both civil penalties and increased liability in accident claims.
Speeding and Reckless Driving
Speed limits on Massachusetts highways vary, though they are generally set between 55 and 65 miles per hour. Drivers who exceed these limits, weave through traffic, or follow too closely will likely be cited for reckless operation under M.G.L. c. 90, § 24(2)(a).
Speeding also increases both the likelihood of a crash and the severity of resulting injuries.
Impaired Driving
Operating under the influence of alcohol or drugs is illegal. It significantly increases the risk of highway accidents.
Massachusetts enforces strict operating under the influence (OUI) laws, and drivers with a BAC of 0.08% or higher will be charged criminally. In civil cases, an impaired driver will likely be held liable for both compensatory and punitive damages.
Fatigued Driving
Driver fatigue—particularly among commercial truck operators—contributes to incidents on the highway. Federal regulations limit the number of hours truck drivers will likely be on the road, but violations still occur. In Massachusetts, fatigued driving will likely be treated as negligent behavior and grounds for liability.
Weather Conditions
Snow, ice, and heavy rain are frequent in Massachusetts. They all contribute to dangerous road conditions. Drivers are expected to adjust their speed and behavior accordingly. Failure to do so is considered negligent under the doctrine of “reasonable care.”
Liability in Massachusetts Highway Accidents
Your highway accident attorneys in Peabody will determine who is legally responsible for the incident that left you injured. The process involves analyzing fault and identifying causation under Massachusetts state laws.
The state follows a modified comparative negligence standard (M.G.L. c. 231, § 85). This means that a party is able to recover damages only if they are less than 51% at fault.
Comparative Negligence Rule
If more than one party contributes to a highway accident, fault is allocated proportionally. For example, if a driver is found to be 20% at fault and the other driver is 80% to blame, the partially at-fault driver will likely still be able to recover 80% of their damages.
However, if a plaintiff is found to be 51% or more at fault for the collision, they will be barred from recovering anything whatsoever.
Multi-Vehicle Accidents
Highway collisions often involve multiple vehicles, making fault determination more complicated. Investigations will likely require analysis of accident reports, traffic camera footage, and witness statements to determine the sequence of events.
In such cases, multiple drivers share liability. In other circumstances, a single driver’s actions will likely be deemed the primary cause instead.
Liability of Government Entities
If poor road conditions, defective signage, or inadequate maintenance contributed to a highway accident, a governmental entity might bear partial responsibility.
Under the Massachusetts Tort Claims Act (M.G.L. c. 258), claims against municipalities or the state are permitted under certain conditions. However, they are subject to strict notice requirements and damage caps.
Employer Liability in Commercial Vehicle Accidents
When a commercial vehicle is involved in a highway accident, the employer will likely be held liable under the legal doctrine of respondeat superior, which assigns liability to employers for the negligent acts of employees performed within the scope of employment.
No-Fault Insurance in Massachusetts
Massachusetts is a no-fault state for auto insurance purposes. Under this system, all drivers must carry Personal Injury Protection (PIP) coverage, which pays for medical expenses and certain other losses regardless of who was at fault.
Personal Injury Protection (PIP) Coverage
Massachusetts law requires drivers to carry at least $8,000 in PIP coverage. PIP typically covers the following:
- Medical expenses up to $8,000 per person
- 75% of lost wages, up to a limit of $8,000
- Replacement services for injured parties
It’s important to note that PIP does not cover non-economic damages, like pain and suffering.
Threshold for Filing a Lawsuit
Under Massachusetts law, accident victims are allowed to pursue a lawsuit for damages beyond PIP if they meet certain thresholds. These include medical expenses exceeding $2,000 as well as serious injuries resulting in permanent disfigurement, fractured bones, or substantial losses.
If these conditions are met, the injured party is eligible to seek additional compensation through a third-party claim or lawsuit.
Call Our Peabody Highway Accident Law Firm Today for More Information About What We Will Do For You
If you or someone close to you was injured in a crash along the highway, you know how overwhelming the aftermath is. The medical bills, insurance claims, and emotional toll quickly become too much to handle alone.
But the good news is that you don’t have to figure everything out by yourself. At Jason Stone Injury Lawyers, our Peabody highway accident attorneys are ready to support you every step of the way.
With the Stone Cold Guarantee®, our highway accident lawyers in Peabody are committed to handling your case with personal attention, fast responses, and real results.
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