Detailed Answer
In Massachusetts, you must satisfy four elements of negligence to hold a driver liable for running a red light and causing a collision: duty, breach, causation, and damages.
1. Duty of Care
Every driver must obey traffic laws and operate their vehicle safely. Under M.G.L. c. 89, § 9, drivers must comply with traffic-control signals. Failure to stop at a steady red light violates the law.
M.G.L. c. 89, § 9
2. Breach of Duty
Running a red light breaches the duty of care. You can prove this breach through evidence such as:
- A police report documenting the signal status.
- Photographs or video showing the vehicle entering the intersection on red.
3. Causation
You must link the breach directly to your injuries using the “but-for” test: but for the other driver’s red-light violation, the collision would not have occurred.
4. Damages
Document your injuries and property damage with medical records, repair estimates, and billing statements.
Supporting Evidence
- Traffic signal timing logs from the municipality.
- Surveillance or dashboard camera footage.
- Eyewitness statements with contact details.
- Accident reconstruction expert reports.
Comparative Negligence
Massachusetts applies a modified comparative negligence rule. If you share fault, your award reduces by your percentage of fault, provided you are no more than 50% at fault.
M.G.L. c. 231, § 85
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- File a police report immediately after the crash.
- Photograph the scene, vehicle positions, and traffic signals.
- Obtain witness names and statements while memories are fresh.
- Request traffic signal timing data from the city or state.
- Preserve any video or electronic data related to the collision.
- Consult an attorney experienced in Massachusetts motor vehicle claims.