Legal Insights

In Florida, the driver who fails to stop or fails to yield after stopping at a stop sign is usually found at fault, but running the sign is evidence of negligence rather than automatic proof under Florida law. Comparative negligence can still reduce your recovery if you shared any fault, and it takes evidence like witness statements, physical damage, and traffic camera footage to establish exactly what happened.

Yes. Texting and driving is illegal in 49 states and the District of Columbia. The vast majority of those states treat it as a primary offense, meaning law enforcement can pull you over solely for texting behind the wheel without needing another reason. Beyond the criminal fines, a driver who causes an accident while texting can be held financially responsible for the injuries and losses they cause.

You prove a speeding driver caused your accident by combining evidence such as the police report, eyewitness testimony, physical evidence like skid marks, traffic camera or dashcam footage, the at-fault driver's Event Data Recorder (black box), and, when needed, accident reconstruction analysis. No single piece of evidence is required on its own, and a speeding ticket is not necessary to pursue a claim.

When your damages exceed the at-fault driver's insurance limit, you can typically recover the difference through your own underinsured motorist (UM/UIM) coverage, an umbrella policy, other liable parties such as an employer or rideshare company, or in some cases the insurer itself if it acted in bad faith by refusing a reasonable settlement within the driver's policy limits.

Massachusetts is a no-fault state, which means your own auto insurance is first in line to pay for your medical expenses and lost wages after a car accident, regardless of who caused it. Under Massachusetts law, every driver must carry Personal Injury Protection (PIP) coverage as part of their auto insurance policy. However, if your injuries meet a certain legal threshold, you may have the right to step outside the no-fault system and file a claim or lawsuit against the at-fault driver for additional compensation, including pain and suffering.

The short answer is: it depends. Verbal settlement agreements for auto accidents can be legally enforceable under certain circumstances, but there are important exceptions and significant practical risks that every accident victim must understand before agreeing to anything.