Legal Insights

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.

If you are injured at a gas station or convenience store, you should first seek medical attention. Next, it is important to report the incident to the store, document the scene, gather witness information, and preserve any evidence. These steps help establish whether the business failed to maintain safe conditions and support a potential personal injury claim.

If your employer won’t cooperate with your workers’ compensation claim, you should report the injury in writing, seek medical treatment, document everything, and contact a workers’ compensation attorney. You may still be able to file or pursue your claim directly, even without your employer’s help.