Boston Wrong-Way Car Accident Lawyer
Injured in a crash caused by someone driving the wrong way in Boston, MA? Our experienced wrong-way accident attorneys in Boston, Massachusetts can help you recover the compensation you deserve.
Closing speeds in these crashes can be extremely high, which is why wrong-way collisions often result in fatalities and catastrophic injuries even for people who were wearing seatbelts and driving carefully.
The at-fault driver usually faces a criminal OUI prosecution running in parallel with your civil case, and the $20,000 minimum liability policy Massachusetts requires will not cover the first surgery, let alone a lifetime of medical care. From the moment you file a claim, the insurance company is working to pay you as little as possible.
At The Law Office of Burns & Jain, founding attorney Neil Burns and partner attorney Roshan Jain bring nearly six decades of combined Boston trial experience to every wrong-way crash case.
Our Boston wrong-way accident lawyers investigate every liable party, from the impaired driver to the bar that overserved them to the municipality that failed to maintain proper signage, and we handle the insurance companies and negligent parties directly so you can focus on healing.
Contact our law firm today for a free consultation.
What Causes Wrong-Way Crashes in Boston?
To hold the right parties accountable, we need to prove exactly why that driver was going the wrong direction. Boston’s web of one-way streets, highway ramps, and tunnels creates more opportunities for dangerous wrong-way entries than almost any other major city.
Common causes we investigate include:
- Drunk or drugged driving: Impaired drivers lose the ability to process traffic signs and road markings, this is the most common cause of wrong-way highway crashes in Massachusetts.
- Ramp confusion: Exit ramps on I-93, Storrow Drive, and the Mass Pike are frequent entry points for disoriented or unfamiliar drivers.
- Distracted driving: Looking at a phone for a few seconds is enough to blow past multiple “Do Not Enter” and “Wrong Way” signs.
- Missing or damaged signage: An absent, broken, or overgrown warning sign makes the road itself a hazard.
- Construction zone detours: Temporary traffic patterns that are poorly marked routinely push drivers into opposing lanes.
- Driver fatigue: A driver who falls asleep at the wheel can drift across a median or enter an exit ramp without ever realizing it.
One pattern we consistently see in wrong-way crash cases out of the Sumner and Ted Williams tunnels is that the at-fault driver has no memory of entering from the wrong end, which is common with both impairment and driver fatigue.
Toxicology results and cell phone records from the hour before the crash are usually what settle which explanation actually applies, and insurers fight hardest to keep both out of the file.
Who Is Liable in a Massachusetts Wrong-Way Crash?
Fault rarely starts and ends with the driver. The job of our Boston car accident attorneys is to identify every party that contributed to the crash, because more defendants typically means more insurance coverage for your injuries.
The At-Fault Driver
A driver who enters traffic going the wrong direction has committed a clear act of negligence. If they were impaired, any OUI (Operating Under the Influence) conviction or guilty plea in the criminal case becomes direct evidence in your civil lawsuit.
Bars, Restaurants, and Social Hosts
A bar, restaurant, or social host that served alcohol to a visibly intoxicated person who then caused a crash can be held liable under Massachusetts dram shop liability law, which is grounded in MGL Chapter 138 § 69’s prohibition on serving a visibly intoxicated patron. These claims open a separate insurance policy that can significantly increase what you recover.
Cities, Towns, and MassDOT
When missing signage, a defective ramp, or a dangerous road condition contributed to the crash, the responsible government agency can be held liable. These claims fall under the Massachusetts Tort Claims Act (MGL Chapter 258), which requires formal written notice within two years of the accident, and missing that window makes the claim against the government permanently gone.
Vehicle Manufacturers
If a mechanical failure, a steering defect, a sudden tire blowout, sent the vehicle into oncoming traffic, the manufacturer can be held liable under product liability law.
The At-Fault Driver’s Employer
If the wrong-way driver was working at the time of the crash, making deliveries, driving a rideshare, or hauling freight, the employer’s commercial insurance may be available in addition to the driver’s own policy.
What we see repeatedly in Suffolk County wrong-way crash claims is that identifying a second or third liable party, whether a bar under Chapter 138, a municipality that let a warning sign disappear, or an employer whose driver was on the clock, is what actually unlocks enough coverage to pay for years of future medical care. A single driver’s minimum policy rarely comes close on its own.
What Compensation Can You Recover After a Wrong-Way Crash?
Massachusetts law divides recoverable compensation, called “damages”, into two categories: economic damages that cover your financial losses and non-economic damages that address the personal toll on your life.
| Economic Damages | Non-Economic Damages |
| Past and future medical bills | Pain and suffering |
| Lost wages and earning capacity | Emotional distress and PTSD |
| Rehabilitation and home modifications | Loss of consortium |
| Funeral and burial expenses | Loss of enjoyment of life |
If a family member was killed, you may file a wrongful death claim under MGL Chapter 229 § 2 for financial support, companionship, and funeral costs.
How Long Do You Have to File a Lawsuit in Massachusetts?
Under MGL Chapter 260 § 2A, you have three years from the date of the crash to file a personal injury lawsuit, and this deadline is called the statute of limitations. For wrongful death cases, the same three-year period applies.
If your claim involves a government agency, however, written notice must be filed within two years of the incident before any lawsuit can proceed. Contact us the moment you suspect a city, state agency, or MassDOT played a role.
What If the Wrong-Way Driver Has Minimum or No Insurance?
Massachusetts’ minimum required bodily injury coverage may not be sufficient to cover the initial hospital stay after a severe head-on collision. When the at-fault driver’s policy is not enough, our Boston wrong-way accident lawyers identify every other available source of recovery:
- Uninsured/underinsured motorist (UM/UIM) coverage: Your own auto policy very likely includes this protection, and we push it to its full limit.
- Stacked household policies: Other vehicles in your household can often have their UM/UIM limits combined with yours to increase the total coverage available.
- Dram shop claims: When a bar overserved the driver, that business’s liability policy is also in play.
- Chapter 93A bad faith claims: If an insurer lowballs or stonewalls, Massachusetts Chapter 93A, the Consumer Protection Act, allows us to pursue double or triple damages for their bad faith conduct.
Will Your Wrong-Way Case Go to Trial?
Most cases settle, but only because the insurer knows we will win at trial if they don’t come to the table with a fair number. We prepare every file for the courtroom from the moment you hire us, and when insurers act unreasonably, we file suit without hesitation.
In our experience trying wrong-way and head-on collision cases in Suffolk Superior Court, insurers routinely wait until the eve of trial to make a fair offer, betting that the other side will not actually be ready to pick a jury. We prepare every wrong-way case for trial from the first week, which is exactly why so few of ours end up needing one.
What to Do After a Wrong-Way Crash in Boston
The actions you take in the first hours after a crash directly affect both your health and your claim.
- Get medical care right away: Adrenaline masks traumatic brain injuries and spinal damage, seek evaluation even if you feel fine, because gaps in treatment give insurers a reason to argue your injuries were not caused by the crash.
- Do not speak to the at-fault driver’s insurer: Their adjuster will call you quickly, and their job is to collect information that minimizes your claim. Let us handle all communications on your behalf.
- Preserve everything: Photos, dashcam footage, and witness contact information vanish fast. Do not sign any document before speaking with our attorneys.
How We Investigate Your Wrong-Way Accident Case
Once you hire us, we move immediately to lock down evidence before it disappears.
- Event data recorder preservation: Modern vehicles store crash data in an onboard black box. We secure that data before the vehicle is repaired, resold, or scrapped.
- Accident reconstruction: We work with forensic reconstructionists and toxicologists to establish exactly how the crash occurred and who bears legal responsibility.
- Cell phone record subpoenas: When distracted driving is suspected, we subpoena the driver’s carrier records and compare them to the exact time of impact.
- Life care planning: For serious injuries, we hire medical and vocational experts who document the true long-term cost of your losses, not just what you have been billed so far.
Where Do Wrong-Way Crashes Most Often Occur in Boston?
We have handled cases arising from crashes on I-93, I-90 (the Mass Pike), Storrow Drive, Route 1 in Chelsea, the Tobin Bridge, and the Sumner and Ted Williams tunnels. Our office at 6 Beacon Street is accessible from the Park Street, Government Center, and State Street MBTA stations.
How Do Attorney Fees Work at Burns & Jain?
We handle every wrong-way accident case on a contingency fee basis, you pay nothing upfront. We advance all costs, including expert fees, filing costs, and investigation expenses. If we do not recover money for you, you owe us nothing.
Experienced Car Accident Law Firm in Boston, Massachusetts
Contact us online, or visit 6 Beacon Street, Suite 1025, Boston, MA 02108. We are available 24 hours a day, 7 days a week, and when you call, you speak directly with the attorneys who will handle your case.
Frequently Asked Questions
Are Wrong-Way Crashes Always the Other Driver’s Fault in Massachusetts?
Usually yes, but Massachusetts follows modified comparative negligence under MGL Chapter 231 § 85, you can recover compensation as long as you are found no more than 50% responsible for the crash.
Can I Sue a City for Missing Road Signs That Contributed to a Wrong-Way Crash?
Yes, but under the Massachusetts Tort Claims Act you must provide timely written notice to the responsible government agency, failing to do so can jeopardize or bar your ability to pursue a claim.
Does a Criminal OUI Conviction Help My Civil Case Against a Wrong-Way Driver?
Yes. A guilty plea or conviction in the criminal case is admissible as direct evidence of the driver’s negligence in your civil personal injury lawsuit.
Who Pays My Medical Bills If the Wrong-Way Driver Had No Insurance?
Your own Personal Injury Protection (PIP) coverage, required under MGL Chapter 90 § 34M, covers the first $8,000 in medical expenses and lost wages regardless of fault, and your UM/UIM policy covers additional losses beyond the at-fault driver’s limits.
What If I Swerved to Avoid the Wrong-Way Driver and Crashed Into Another Vehicle?
You can still bring a full claim against the wrong-way driver, they set the chain of events in motion, and Massachusetts law holds them responsible for the consequences of your necessary evasive maneuver.
Can the Bar That Overserved the Wrong-Way Driver Be Sued?
Yes. Massachusetts dram shop liability law holds a bar, restaurant, or social host responsible when it served alcohol to a visibly intoxicated person who later caused a crash, a standard grounded in the licensing prohibition at MGL Chapter 138 Section 69 against serving an intoxicated patron.
How Soon Should I Contact a Lawyer After a Wrong-Way Accident in Boston?
Contact us immediately. Crash scene evidence disappears within days, the two-year government notice deadline is absolute, and the at-fault driver’s insurer has already started building a file against you.