Unfortunately, many drivers must deal with the realities of car accidents. Understanding who is at fault and the implications of liability is crucial for anyone involved in a car accident in Massachusetts.
This article aims to provide an overview of how fault and liability are determined, the laws that govern these aspects, and what steps you should take if you’re involved in an accident.
Fault Determination in Massachusetts
Massachusetts operates under a “no-fault” insurance system. This means that after a car accident, each driver’s insurance company covers their medical expenses and lost wages, regardless of who caused the accident.
However, determining fault is still important for several reasons, including property damage claims and determining if a driver can step outside the no-fault system. In many cases, a car accident lawyer is needed to analyze all relevant information and determine fault. Here’s what is considered in this process:
- Police Reports: Following an accident, the police will usually write up a report describing what happened. Based on the facts and comments from the people involved, the officers report their views on who caused the incident.
- Insurance Adjusters: Insurance companies will send adjusters to assess the damage and gather information from all involved parties. Their goal is to determine who was responsible for the accident.
- Witness Statements: Objective reports of the accident offered by witnesses can be important for the case.
- Traffic Laws: Violations of traffic laws, such as running a red light or speeding, can heavily influence fault determination.
Common Factors in Determining Fault
It’s not always clear who caused the car accident. Several factors can influence the determination, including:
- Speeding: Driving above the speed limit or too fast for road conditions.
- Distractions: Texting, talking on the phone, or other distractions while driving.
- Impairment: Driving under the effect of alcohol or drugs.
- Weather Conditions: Poor weather can complicate fault determination, but drivers are expected to adjust their driving to the conditions.
- Traffic Violations: Running a red light, failing to yield, or other violations.
Liability in Car Accidents
Liability refers to the legal responsibility for the damages caused by the accident. Comparative negligence is applicable in Massachusetts. This means that each party can be assigned a percentage of fault for the accident. If you are found to be more than 50% at fault, you cannot recover damages from the other party. Here are some features of liability to consider.
Pure Comparative Negligence
Massachusetts follows a modified comparative negligence rule. If you are less than 50% at fault, you can still recover damages, but they will be reduced by your percentage of fault. Here is an example calculation for possible compensation with comparative negligence:
| Total Damages ($) | Your Fault (%) | Other Driver’s Fault (%) | Amount You Can Recover ($) |
| 10,000 | 10% | 90% | 9,000 |
| 10,000 | 30% | 70% | 7,000 |
| 10,000 | 50% | 50% | 5,000 |
| 10,000 | 60% | 40% | 0 |
Property Damage Claim
Even under the no-fault system, the at-fault driver’s insurance may be liable for property damage. This includes damage to your vehicle and any other personal property.
Serious Injury Threshold
If your injuries meet certain criteria (e.g., permanent disfigurement, broken bones, or substantial loss of hearing or vision), you can step outside the no-fault system and file a lawsuit against the at-fault driver for pain and suffering.
Steps to Take After an Accident
Being well-prepared and knowing the right steps to take can significantly impact the outcome of your accident claim. Here is a guide on what you need to do:
- Ensure Safety: Check if you were injured and move to a safe location if you can. Call 911 if anyone is injured.
- Document the Scene: Take pictures of the damaged vehicle, the accident scene, and any casualties. These can be important pieces of evidence.
- Exchange Information: Get the insurance and contact details of the other driver or drivers.
- Notify Your Insurance Company: You should inform your insurer about the accident as soon as you can. Give them all the information they require, and cooperate with them in their investigation.
- Seek Medical Attention: Even if you feel fine, some health issues may not be immediately apparent. Getting a medical evaluation is important for your health and for documenting your claim.
- Consult an Attorney: If the accident involves significant damage or injury, consulting with a car accident attorney can help protect your rights and ensure you receive fair compensation.
Conclusion
Understanding fault and liability in car accidents is essential for protecting your rights and ensuring fair compensation. In Massachusetts, the no-fault insurance system simplifies medical expense claims but does not eliminate the need to determine fault for property damage and serious injury claims.
Following the right steps after an accident and knowing the factors that influence fault can make a significant difference in the outcome of your case. If you’re involved in a serious accident, consult with a qualified attorney at Michael Kelly Injury Lawyers to get invaluable assistance and guidance through the complex legal landscape.