Boston typically gets 48 to 54 inches of snow each year, so drivers must be especially careful on the roads during the winter months.
Being injured in a snowstorm accident can be a confusing and stressful experience, particularly when insurance companies blame the weather to minimize claims. Victims need to know that snowstorms do not eliminate the right to pursue compensation in Massachusetts. Contact DiBella Law Injury and Accident Lawyers today to learn more about your case.
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Who Is at Fault for a Car Accident During a Snowstorm in Massachusetts?
Under Massachusetts law, drivers are required to adjust their behavior to road conditions, including poor weather such as a snowstorm. Failing to do so can establish negligence if a collision occurs. Several different parties may be liable in these types of cases, including the following:
Other Drivers
If another motorist’s negligence caused the victim’s injuries, the victim may be able to hold that driver responsible for damages. Some examples of driver behavior that could lead to liability include speeding on icy roads, failing to clear snow or ice from the vehicle, and tailgating in reduced visibility.
Government Entities
In some accidents, government entities may be responsible for a driver’s injuries, particularly when public employees fail to properly plow, salt, or maintain roadways in a timely manner. These cases are subject to special procedural rules, including a strict two-year presentment requirement, meaning a formal claim must be filed within that timeframe before a lawsuit can be pursued.
Employers
How Massachusetts No-Fault Insurance Applies After a Winter Car Crash
After a winter car accident in Massachusetts, your initial medical expenses and certain lost wages are typically covered by your own Personal Injury Protection (PIP) benefits, regardless of who caused the crash or whether hazardous weather played a role. This means that even if icy roads, snow, or poor visibility contributed to the accident, your insurer will generally pay PIP benefits up to the policy limits without requiring proof of fault.
However, Massachusetts law places limits on when you can step outside the no-fault system and pursue a claim against the at-fault driver. To do so, you must meet specific thresholds: either your reasonable and necessary medical expenses exceed $2,000, or you have suffered a qualifying serious injury, such as permanent disfigurement, loss of a bodily function, or significant and lasting impairment.
How To Protect Your Legal Rights After a Snowstorm Car Accident
Victims of snowstorm car crashes can take proactive steps to protect their claim. In the immediate aftermath of the collision, it is important to call 911 and alert emergency personnel. Once the police arrive at the scene, they will begin an accident report detailing everything that happened.
If possible, victims should document the road conditions, including photos or videos of their surroundings and any damage to their vehicle. Any evidence from snowstorm-related accidents can disappear almost as quickly as roads are plowed and conditions improve, making early documentation critical.
Additionally, seeking medical attention after a crash is a crucial step to documenting injuries and receiving adequate care. Lastly, victims should call an attorney before speaking with or giving statements to the other driver’s insurer.
Understanding Filing Deadlines
In Massachusetts, the statute of limitations for most car accident injury cases is three years from the date of the crash. This means that victims of snowstorm accidents generally have three years to file a lawsuit for injuries or property damage. Failing to do so will likely result in being barred from compensation. However, it is important to note that claims involving a government entity must first be filed with a formal notice (presentment) within two years, even though the lawsuit deadline remains three years.
Contact DiBella Law After a Boston Snowstorm Accident
If you or your loved one has been injured after a snowstorm accident in Boston, do not wait to get the help you deserve. At DiBella Law, our compassionate and dedicated team will take on your case from start to finish, ensuring that justice is served. Schedule an initial, free consultation today at 855-342-3552.
