Injury negligence without any contact?

Submitted by HKent on Fri, 05/04/2012 - 09:36

MA Personal Injury Law Questions and Answers

I was driving my grandmother to the store in Massachusetts when a guy ran a red light and drove into the intersection in front of me. We both slammed on the brakes and avoided each other by a few inches. But when I hit the brakes my grandma's body slammed up against the seat belt and she hurt her neck. She said she was OK but I could tell she hurt herself. I'm taking her to the doctor tomorrow to have them look at her. I got the other guy's license plate number because he refused to give me his insurance information because he said there was not contact or damage to the vehicles. So I was wondering if my grandmother can sue this guy if she has any serious damages even though there wasn't really any accident or contact between the cars or people. Thanks.

Negligence liability without contact

Submitted by The Editor on Fri, 05/04/2012 - 11:08.

Very sorry about your grandmother. However, whether a person can collect damages from another person for injuries depends mainly on whether that person suffered her injuries as a result of the negligence (or intentional act) of the other party. The determination of what constitutes negligence for a personal injury claim is discussed in other posts on this forum. When the other driver ran the red light, his negligence set in motion of chain of events that led to and caused whatever injuries your grandmother suffered. There was, I think, a case that was on this point, Surrey v. Lumbermans 424 N.E.2d 234. In any case, you should encourage your grandmother to seek medical help, as you have, and then to talk to an attorney if she has damages that should be paid by the other driver. Good luck.

Hello:Sorry to hear about

Christopher Earley

Submitted Fri, 05/04/2012 - 13:08.

Hello: Sorry to hear about this accident. As the prior poster mentioned, contact is not essential in order to bring a bodily injury claim against the at-fault motorist. Should your grandmother's damages/medical bills reach at least $2k, then she may bring a claim for pain and suffering and other losses against the insurance company that insures the at-fault driver. I would be happy to give to her, or to both of you, a no obligation, free consultation. Thank you.

Attorney Chris Earley

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