Car accidents can quickly become complicated when multiple parties share responsibility. In Massachusetts, the law recognizes this reality, assigning fault percentages that determine how compensation is distributed. If you are partially at fault, understanding your rights under state law is essential.
This guide covers Massachusetts’ comparative negligence rule, how fault is determined, what to do after an accident
Understanding Massachusetts’ Rule on Comparative Negligence
Massachusetts uses a modified comparative negligence rule, which allows you to recover compensation even if you share fault, provided your fault does not exceed 50%.
If you are found partially responsible, your compensation will be reduced by your percentage of fault. For example, if you are 30% at fault and your total damages are $20,000, you will receive $14,000.
However, if your fault exceeds 50%, you are barred from recovering damages entirely. This rule ensures fairness but can complicate insurance claims and settlement negotiations.
How Is Fault Determined in Massachusetts?
Your insurer plays a key role in determining fault after a car accident. Insurance adjusters look into the accident by checking police reports, looking at the damage to the cars, and talking to everyone involved, including witnesses. They figure out how much of the fault belongs to each person, which affects your claim and payout.
Police reports also play a big role. Officers at the scene write down what they see and may include their opinion on who caused the crash. While these reports are not legally binding, they carry significant weight in negotiations with insurance companies.
If the parties involved cannot agree on fault, the matter may escalate to court. A judge or jury will review all available evidence, including physical evidence like skid marks, traffic violations, and expert testimonies, to assign fault percentages.
Massachusetts also uses specific standards of fault for common scenarios, such as rear-end collisions or illegal turns, to guide these decisions.
Steps to Take If You Are Partially at Fault in a Car Accident
If you believe you may share responsibility for a car accident, taking the right steps can protect your rights and strengthen your case. Here’s what you need to do:
Do Not Admit Fault at the Scene
Refrain from making any statements that could be interpreted as admitting fault. Phrases like “I’m sorry” or “It was my fault” can be used against you later, even if you were just being polite.
Focus on keeping everyone safe, calling for help if needed, and exchanging names, contact details, and insurance information.
Document the Scene
Take photos of the scene to capture evidence. Include pictures of the cars, damage, skid marks, road conditions, weather, lighting, and any traffic signs. This can help explain what happened and decide fault fairly.
Gather Witness Information
Witnesses can give helpful, unbiased accounts. Politely ask for their names and contact details. Their statements may back up your version of events. Oftentimes, witness testimonies are seen as credible since they come from individuals not directly involved in the accident.
Seek Medical Attention
Even if you feel fine, see a doctor right away. The adrenaline rush after an accident can mask pain or injuries, delaying noticeable symptoms like whiplash or internal damage for hours or even days.
Moreover, failing to seek prompt medical attention can also create issues with your insurance claim. Insurers may question the severity of your injuries or argue that they were not caused by the accident, which could reduce or deny your compensation.
Notify Your Insurance Company
Report the accident to your insurer as soon as possible. Sharing only the facts without guessing fault is important because speculating can be used against you later.
Timely reporting also helps avoid claim delays, as most policies require prompt notification. Once reported, your insurer will guide you through the next steps, ensuring the process moves forward smoothly.
Consult a Car Accident Lawyer
Hiring a lawyer is essential when a fault is contested or shared. An experienced car accident attorney can help you understand Massachusetts’ comparative negligence rules and protect your rights. They will assist in gathering evidence, negotiating with insurers, and ensuring you receive the compensation you deserve despite being partially at fault.
The Role of a Car Accident Lawyer
A car accident lawyer can be very helpful if fault is shared. They help simplify and help you better understand Massachusetts’ negligence rules and how those rules affect your case.
Lawyers also collect key evidence like police reports, expert opinions, and witness statements to build a strong case for you. If an insurer tries to reduce your claim by blaming you more than is fair, a lawyer can step in to negotiate and make sure you get a fair settlement.
In cases where an agreement cannot be reached, a lawyer can represent you in court, presenting evidence to challenge fault determinations and advocate for your compensation.
If you are in need of a Boston car accident lawyer, DiBella Law Office offers a free consultation and works on a no-win, no-fee basis. This ensures you have access to experienced legal representation without financial risk, allowing you to focus on your recovery while they handle the complexities of your case.
What if You Are More Than 50% at Fault?
Being more than 50% at fault in a Massachusetts car accident means you cannot recover compensation under the comparative negligence rule.
However, this doesn’t mean you are left without options. You still need to:
- Work with Your Insurance: Your insurance policy may cover your damages, depending on your coverage limits, such as collision or personal injury protection (PIP).
- Challenge Fault Allocation: If you disagree with the fault assessment, consult a lawyer to review the evidence and potentially dispute the findings.
- Mitigate Further Issues: Cooperate with your insurer and avoid actions that could increase liability, such as making conflicting statements.
Even if you cannot recover damages, a lawyer can help ensure that the fault percentage assigned to you is accurate and fair.
Conclusion
Being partially at fault for a car accident in Massachusetts doesn’t mean you have no options. The state’s comparative negligence rule allows you to recover compensation as long as you are 50% or less at fault. However, your settlement will be reduced by your share of responsibility.
To protect your rights, take steps like documenting the scene, notifying your insurer, and seeking legal advice. A lawyer can help you navigate the complexities of fault determination and ensure you receive fair treatment during the claims process.
FAQ’s
What if you disagree with the fault assigned by the insurance company?
If you believe the fault assigned to you is inaccurate, consult a lawyer immediately. A car accident attorney can review the evidence, identify discrepancies, and challenge the fault determination. They can negotiate with the insurance company on your behalf or represent you in court to ensure the allocation of fault is fair and accurate.
Is the car with more damage more at fault in an accident?
Not necessarily. The fault is determined by the circumstances of the accident, not the extent of the damage. Evidence like traffic laws, witness statements, and police reports are used to assign fault, regardless of how much damage each vehicle sustained.
How long does an at-fault accident stay on your record in Massachusetts?
In Massachusetts, an at-fault accident typically stays on your driving record for six years. During this time, it can affect your insurance premiums and driving history. However, some insurance providers offer accident forgiveness programs that may prevent your first at-fault accident from increasing your rates.
