Submitted by Richardbeck on Tue, 07/12/2011 - 08:29
I was in a car accident in Massachusetts and suffered minor injuries that my insurance paid for. But I'm wondering about if the other person was talking on their cell phone at the time of the accident does that entitle me to collect other types of damages? For example should that person have to pay punitive damages to get punished for driving in such a negligent way? What does MA law allow me to get? Thanks for your opinion.
Punitive damages in MA
Sorry, but no. Generally, Massachusetts law does not allow for punitive damages unless authorized by a statute. For example, under Massachusetts statutory law, courts may award punitive or multiple damages in cases involving certain specified wage law violations.
Moreover, even if you did have standard damages, there is certainly no guarantee that you would be able to recover from the driver of the other car merely because he was using a cell phone at the time of the accident. You would have to show that the driver acted negligently and that his negligence led to your injuries. The use of the cellphone, depending on the type of device and how it was being used, may or may not indicate negligence on the part of the other driver. In any case, I'm glad you suffered only minor injuries.