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Massachusetts Traffic Laws and Surchargeable Points

Massachusetts Traffic Laws and Surchargeable Points

Massachusetts traffic laws aim to prevent traffic accidents and help determine who is liable in the event of a motor vehicle accident.

Massachusetts Laws for Sharing the Road

Massachusetts traffic laws dictate that upon approaching an intersection, drivers have a responsibility to yield to oncoming traffic. If a vehicle drives past a yield sign and subsequently collides with your car in an intersection, the collision itself is evidence that the other driver failed to yield.

Evidence of driver negligence can be used in a Massachusetts personal injury lawsuit as proof of the other driver’s liability in that traffic accident. Any time a vehicle fails to yield in any of the following manners and that failure results in a Massachusetts car accident, the victim of the collision has clear evidence of the other driver’s negligence:

o Running a red light;

o Performing an illegal U-turn; and

o Operating their vehicle in any other reckless manner, including speeding (any person operating a vehicle in excess of a posted speed limit is automatically determined to be driving at a speed more than reasonable and proper).

Massachusetts Drivers’ Responsibilities

Massachusetts traffic laws outline driver responsibilities after a motor vehicle accident. Every driver involved in a traffic accident has the duty and responsibility to file a report with the local police department and make known all applicable information when:

o A person is killed;

o A person is injured; AND/OR

o There is property damage in excess of $1,000.

This Massachusetts traffic law was enacted to ensure that when an injury- accident occurs, the victim would be able to get information immediately about the other person involved in the accident.

Massachusetts traffic laws also state that it is illegal to operate a vehicle without:

o A valid driver’s license;

o Insurance with specific minimum limits; AND

o Vehicle registration.

Failure to possess any of the above documents is punishable by fines, possible jail time, and possible license suspension. Most likely, a violation of this sort will result in surchargeable points being charged to the offender’s license and insurance.

Massachusetts Surchargeable Points

The insurance rates in Massachusetts are set by the Massachusetts government. The state and insurance companies use a system of surchargeable points to reward safe drivers and penalize negligent drivers. Drivers accrue surchargeable points for moving violation convictions, which raises insurance premiums and can result in a suspended license.

Massachusetts drivers are also given a surcharge on their insurance premiums for any motor vehicle accident in which either:

o The driver was ruled at fault; OR

o The driver’s insurance company pays out more than $500 in claims.

How a Massachusetts Accident Attorney Can Help

If you, or a loved one, have been seriously injured in a Massachusetts car accident and you suspect the other driver violated any of the laws cited above at the time of the accident, you can file a personal injury lawsuit. Through a personal injury lawsuit you can seek financial compensation for:

o Medical bills;

o Lost wages and future earnings;

o Physical therapy;

o Emotional distress; and

o Other expenses related to your injuries.

It is important to retain an experienced Massachusetts personal injury lawyer who has successfully handled cases similar to yours. Don’t go it alone! A skilled personal injury attorney can help you establish negligence and increase the odds of receiving a fair settlement or verdict for your injuries.…

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How To Gain Compensation For An On The Job Auto Accident

How To Gain Compensation For An On The Job Auto Accident

Auto accidents happen on a regular basis and in a number of ways. One way that is often overlooked by many people and in particular insurance companies is auto accidents involving company vehicles and employees. If you or a loved one has been injured on the job, you may still be able to file for compensation with your insurance company, because it is an auto accident. Today, we will be looking at how to gain compensation for an auto accident while working.

You may be shocked to learn, that under the Workers Safety and Insurance Act (WSIA) a person injured in a motor vehicle accident while on the job, may have their benefits from the insurance company reduced substantially. Essentially, under the WSIA an employee is restricted from filing for maximum benefits under both the worker safety act, and the statutory insurance benefits schedule. In other words, you get treated as an employee being injured on the job, rather then both injured on the job and a regular citizen. For a regular citizen, you would only be able to claim benefits under the no-fault benefits schedule and not through your place of employment.

The reason for the restrictions, are looked at in a variety of ways. On the one hand, the limitation on how much a victim can claim from both policies prevents fraud. For example, a person could claim they were in a car accident and be unable to go to work, but their accident may only be a fender bender and they may only sustain bumps and bruises. Yet, because they couldn’t attend work, they would be able to claim for both policies. Under the WSIA, you can only claim certain benefits from each policy, instead of both policies.

On the other hand, the WSIA is looked at as a sneaky way for the insurance companies to save money. By limiting the amount of each policy being claimed, the insurance company ultimately pays less then what may be necessary to resolve the claim. In fact, under section 59 of the SABS act, an insurance company actually is not required to pay compensation to an injured accident victim, if they are injured on the job. This means, that if your workers compensation is already covering some of your damages, your insurance adjuster has the right to avoid paying you any no-fault benefits.

What’s important to understand, is that you have the option to opt out of the WSIA policy. If you were to choose to do this, you would then be able to purse a tort claim for more compensation against the negligible party in your accident. This in turn, would allow you to recover the amount of compensation, you otherwise would have been prevented from doing thanks to the WSIA policy. Furthermore, there is no clause within SABS to prevent you from taking this route. The only reason you would avoid filing a tort claim, is because the compensation within WSIA is enough to cover all of the damages you have incurred.…

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What To Do About Reckless Drivers

What To Do About Reckless Drivers

Reckless and aggressive drivers can make the roads dangerous for everyone around them, including themselves. High speeds and erratic maneuvers make these drivers a threat at every turn. But everyone encounters these types of drivers on the roads. It is important for other drivers to know how to safely react in situations in which they see a reckless driver.

Avoiding these drivers is the safest practice. If you remove yourself from their path, you are far less likely to be entangled in a dangerous accident. But trying to take traffic safety into your own hands is actually making an accident more likely and not preventing danger. Trying to block a speeding or reckless driver may only cause them to react more erratically and dangerously. This type of response may actually be making the road more dangerous for everyone around you as well.

If you encounter a reckless driver, your best bet is to let this driver pass you by. But this type of response does not have to be a passive defeat. You do have the right and ability to report reckless driving. Informing your local authority of the make, model, and license plate numbers of the reckless driver is an active step in making your roads a safer place.

It is not in the interest of your safety or the safety of others to try to maintain your lane or right-of-way when you are approached by a wild or reckless driver. Also, wearing your seat belt at all times is an incredibly important safety precaution just in case you are involved in an accident with this type of driver.

If you have been injured in an accident and you feel that reckless driving contributed to your injury, please visit the website of the Green Bay car accident lawyers at Habush, Habush, & Rottier, S.C..…