Legal Question in Personal Injury in Massachusetts

I was involved in a near miss accident in Massachusetts. I was about to turn into a lane processed to turn and did not see another car coming toward me from my left. I stopped and did not hit her. She slammed on her breaks and she had an elderly passenger in the car. I saw that the women was shaken up so I asked if she was okay. The driver of the other car got it out and yelled at me. She told me she was hurt and asked for my license information. I gave it to her along with my insurancers name. I asked her if I needed to call the police and she said no. I asked if her if she would like me to call for an ambulance. She said no. She wanted me to get out of the car but I refused. I had my 10 year old with me and wanted to keep things as calm as possible so I gave her my information and left. Here is my question. If there was no collision and any damage to her passenger is due to her slamming on her breaks can I be charged with reckless driving if she files a complaint against me and can she and/or her passenger sue me if the passenger has any injuries.


Asked on 4/24/12, 7:47 pm

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

You will not likely be charged with any crime.

If the other party believes that you were driving negligently, and that your negligence caused harm to her, then she may file a lawsuit against you for her damages, if any. Normally, the other party would reach out to your insurance company in the first instance. Hopefully, you informed your own insurance company of the incident. If she threatens litigation, you should get an attorney.

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Answered on 4/25/12, 5:06 am
John B. Stewart

There is no requirement of contact between vehicles in order for someone to "file a complaint" against someone else or to bring suit against them. Many years ago there was a precedent named Surrey v. Lumbermans that made this clear. Unless you operating your vehicle in violation of the mandatory insurance law, you would have insurance that would provide you with a legal defense and to possibly indemnify you from any loss payment. You should probably consider reporting this to your insurance company or agent. Best luck JBS

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Answered on 4/25/12, 7:27 am


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