Tort Claims in Motor Vehicle Accidents: Understanding Liability and Damages in Massachusetts

If you’ve been involved in a car accident in Massachusetts, it’s crucial to understand your legal options, especially when it comes to filing a tort claim. Tort claims allow accident victims to pursue compensation for their injuries, lost wages, and property damage caused by another party’s negligence, whether it’s a person or an entity like a business, an organization or else.

In a state with a no-fault insurance system like Massachusetts, not every car accident results in a lawsuit. However, suppose your injuries are severe enough to surpass the no-fault threshold, such as incurring more than $2,000 in medical expenses or suffering permanent disfigurement. In that case, you may have the right to pursue a tort claim.

In this article:

What Is a Tort Claim in MVA?
When Can You File a Tort Claim After a Car Accident?
What is Personal Injury Protection?
What is the Massachusetts Tort Threshold?
How to Determine Liability in Motor Vehicle Accidents in Massachusetts
Types of Damages You Can Recover in Tort Claims
Tort Claims Process
What are the Challenges in Tort Claims
Why is Legal Representation Important?

What Is a Tort Claim in a Motor Vehicle Accident?

A tort claim is a civil legal action filed by an injured person (the plaintiff) against another party (the defendant) whose wrongful or negligent behavior caused harm. In Massachusetts car accident cases, most tort claims arise from driver negligence.

Negligence occurs when a driver fails to exercise reasonable care on the road, such as by texting while driving, speeding, or ignoring traffic rules. When that negligence results in injuries or damages, the victim may be entitled to seek compensation through a tort claim.

When Can You File a Tort Claim After a Motor Vehicle Accident?

Rear-End Collisions: If a distracted driver fails to stop in time and crashes into your vehicle, they can be held liable for your injuries and vehicle damage.
Drunk Driving Accidents: Drivers operating under the influence of drugs or alcohol can be sued through a tort claim for the harm they cause.
Speeding and Reckless Driving: When speeding leads to loss of control and results in a crash, the at-fault driver may be financially responsible.
Failure to Yield or Follow Traffic Laws: Any violation of Massachusetts traffic laws that results in a collision may be grounds for a tort claim.
Distracted Driving Accidents: Texting or using a phone while driving is a leading cause of preventable crashes that can result in serious claims.

In these cases, you can seek compensation for medical expenses, lost wages, property damage, and non-economic damages like pain and suffering.

What is Personal Injury Protection (PIP) in Massachusetts?

If you’ve been injured in a motor vehicle accident in Massachusetts, understanding Personal Injury Protection (PIP) is essential. PIP is part of Massachusetts’ no-fault insurance system, designed to provide immediate financial assistance after a motor vehicle accident, regardless of who was at fault.

Under Massachusetts PIP coverage, your auto insurance will typically pay a minimum of $8,000 per person to cover:

Reasonable and necessary medical expenses
Lost wages due to inability to work
Replacement services (e.g., household help)

This protection applies to you, your passengers, and even pedestrians involved in the accident. It ensures quick access to essential care and income recovery, eliminating the need to establish fault before receiving compensation.

What is the Massachusetts Tort Threshold?

While PIP helps cover basic expenses, it doesn’t compensate for pain and suffering or other non-economic damages. To seek further compensation through a motor vehicle tort claim (i.e., a tort case in a car accident), Massachusetts law requires you to meet the tort threshold.

Massachusetts Tort Threshold Criteria – G.L. c. 231, § 6D

Under Massachusetts General Laws Chapter 231, Section 6D, you can file a tort claim for damages beyond PIP if you meet certain criteria:

Your reasonable and necessary medical expenses exceed $2,000, unless your injury is considered serious as per below.
You sustained one or more of the following serious injuries:

- Permanent and serious disfigurement
- Fracture of any bone
- Loss of a body part
- Loss of vision or hearing
- Death

These conditions ensure that only claims involving significant injuries move beyond the no-fault system and into the tort law car accident arena.

How to Determine Liability in Tort Claims for Motor Vehicle Accidents in Massachusetts?

In Massachusetts tort law, determining liability in a motor vehicle accident centers on the legal concept of negligence. Whether you’re pursuing a tort motor case or defending against one, establishing who is legally responsible requires proving four essential elements:

Duty of Care: Every driver in Massachusetts has a legal duty to operate their vehicle responsibly and to follow traffic laws. This duty extends to all other road users, including passengers, pedestrians, and cyclists.
Breach of Duty: A breach occurs when a driver fails to uphold that duty—by speeding, texting while driving, running a red light, or other forms of reckless or careless behavior. In a tort-motor vehicle claim, this breach is a key factor in proving fault.
Causation: To pursue a tort motor claim, you must show that the driver’s breach of duty directly caused the accident and resulting injuries or losses. If the accident would not have happened but for the other driver’s negligence, causation is established.
Damages: Lastly, you must prove that the accident caused actual damages—either physical, emotional, or financial. Without measurable harm, you cannot pursue compensation under tort law in car accidents.

Massachusetts follows a modified comparative negligence rule. This means if you are partially at fault for the accident, your compensation reduces by your percentage of fault. However, if you are more than 50% at fault, you cannot recover any damages.

Types of Damages You Can Recover in Tort Claims

When you file tort claims after vehicle accidents in Massachusetts, you can seek two main types of damages:

Economic Damages: These include tangible costs such as lost wages, medical expenses and property damage. For example, if the accident caused you to incur significant medical bills or miss work, you can claim compensation for these financial losses.
Non-Economic Damages: These cover intangible losses like pain and suffering, loss of consortium and emotional distress.

1. Pain and suffering refer to the physical and mental anguish you endure due to the accident, whereas emotional distress covers psychological impacts like anxiety or depression.
2. Loss of consortium involves the impact on your relationship with your spouse or family.

In specific cases, such as medical malpractice, there might be caps on the amount you can claim for non-economic damages.

The Claims Process

To build a strong case for vehicle accident tort claims in Massachusetts, follow these steps:

Seek Medical Care: Your health should be your top priority. Prompt medical attention also ensures that your injuries are documented.
Gather Evidence: Collect as much information as possible about the accident. This includes photos of the scene, witness statements, and police reports.
Contact an Attorney: A lawyer can guide you through the legal process and help you understand your rights and options.

When seeking compensation for a car accident in Massachusetts, it’s important to distinguish between filing an insurance claim and pursuing a personal injury lawsuit:

Insurance Claim: After an accident, you typically file a claim with the at-fault driver’s insurance company. The insurer will investigate and may offer a settlement.
Personal Injury Lawsuit: If the insurance settlement is insufficient, you can file a lawsuit to seek full compensation for your damages. This involves taking the case to court where a judge or jury will decide the outcome

Insurance adjusters evaluate your claim and decide how much the insurance company should pay. They review the evidence, assess the damages, and determine liability. The settlement process involves negotiating with the adjuster to reach a fair compensation amount. You must have an attorney during this process to receive a fair settlement.

What are the Challenges in Tort Claims

In Massachusetts, filing a tort claim after a car accident can be challenging. You might encounter various obstacles such as:

Proving Negligence

One of the biggest hurdles is proving the other driver was negligent. To do this, you need to show:

Duty: The driver had a responsibility to act safely.
Breach: They failed in that duty by being careless.
Causation: Their carelessness directly caused the accident.
Damages: You suffered injuries or property damage as a result.

It is important to gather evidence like police reports, witness statements and medical records to prove the other driver’s negligence and support your claim.

Meeting the Tort Threshold

In Massachusetts, to file a tort claim for pain and suffering, your medical expenses must exceed $2,000 or you must have severe injuries as discussed above. If you don’t meet these criteria, you can’t claim for pain and suffering, limiting your compensation.

Dealing with Insurance Companies

Insurance companies often try to minimize their payouts. They might:

Deny Your Claim: They may say you don’t have enough evidence.
Offer Low Settlements: They might give you a low offer hoping you’ll accept it quickly.
Delay the Process: They might drag out the claims process to pressure you into settling.

These tactics can be frustrating and overwhelming. Knowing how to deal with them is key to getting fair compensation.

Why is Legal Representation Important?

Having an experienced tort claims lawyer at your side can make a significant difference by:

Gathering Evidence: They know what information is crucial and how to get it.
Negotiating with Insurers: They can handle tough negotiations to get you a better settlement.
Meeting Legal Requirements: They ensure your claim meets all the necessary legal standards.

A lawyer guides you through the process, helping you understand your rights and options, and improving your chances of a successful claim.

Conclusion

What are your biggest challenges in building a successful tort claim right now? Are you able to prove negligence or negotiate effectively with insurance companies? These are complex tasks that often require professional assistance.

If you’re struggling with these issues, you don’t have to face them alone. Our experienced, Western Massachusetts-based tort claims lawyers are here to help. Reach out to us for a Free Consultation to discuss how we can assist you in proving the negligence of a third party and negotiating an optimal settlement for your vehicle accident in Massachusetts.

To build a winning case, time is of the essence. So contact us today to take the first step towards securing the compensation you deserve.

Sources:

https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section6D
https://law.justia.com/codes/massachusetts/2021/part-iii/title-ii/chapter-231/section-6d/
https://www.nolo.com/legal-encyclopedia/massachusetts-car-accident-laws.html