Pauline Nassif, Civil Litigation Paralegal
When you are involved in an auto accident with multiple cars determining which auto driver to file a claim and file litigation against can be tricky. There are a number of dependent factors which determine who you can sue including Massachusetts' state laws and details about who was involved and at fault for the accident. Ultimately it comes down to which drivers operated their vehicles with negligence.
Laws govern and limit negligence claims to particular circumstances while insurance is expected to cover most of the claims arising from an auto accident. Proving negligence and filing a negligence lawsuit will require the assistance of an experienced personal injury attorney. In proving a personal injury suit you can recover medical expenses, wages lost due to time away from work, future care costs, and sometime pain and suffering as well as other compensatory damages. To show a defendant was negligent, a plaintiff must prove four elements: duty, breach, causation, and harm or damages. You must be able to show that the defendant driver owed you a duty of care, which was breached, and caused you a harm which you are seeking compensation for.
If you were in an accident with a professional driver working for a corporation or commercial entity you might also insider the driver's employer as a defendant. In that situation, an experienced personal injury attorney would look for negligence in the hiring process, for example, asking whether the driver was properly licensed and trained. Choosing the appropriate defendant will depend on the details of your accident, how many drivers were involved, who is ultimately to blame, and Massachusetts laws. There are many questions that you are unlikely to be able to answer authoritatively on your own and are best discussed with an experienced personal injury attorney.