Car accidents are a leading cause of personal injury in Massachusetts, and determining who is at fault plays a crucial role in the claims process. Massachusetts follows a comparative fault system, which means that fault can be shared among multiple parties. Understanding how comparative fault works and how it affects compensation is essential for anyone involved in a car accident.
What Is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal principle that assigns a percentage of fault to each party involved in an accident. Massachusetts uses a “modified comparative negligence” system, meaning that you can recover damages as long as you are less than 51% at fault.
For example, if you are found to be 20% at fault for a car accident and your total damages amount to $50,000, your compensation would be reduced by 20%, leaving you with $40,000.
Factors That Determine Fault in Massachusetts Car Accidents
Fault is determined based on the actions of each driver leading up to the accident. Factors that may contribute to fault include:
- Speeding or Reckless Driving: Driving too fast for road conditions can increase fault.
- Failure to Yield: Ignoring traffic signals or right-of-way rules.
- Distracted Driving: Using a phone, eating, or other distractions while driving.
- Driving Under the Influence: Operating a vehicle under the influence of drugs or alcohol.
Police reports, witness statements, and accident reconstruction experts often play a significant role in determining fault.
How Comparative Fault Affects Compensation
Massachusetts’ comparative fault system directly impacts the amount of compensation you can receive. If you are found to be equally or more at fault (51% or more), you will not be eligible for damages. This makes it critical to present strong evidence that minimizes your percentage of fault.
In addition to medical expenses and property damage, Massachusetts law allows accident victims to recover compensation for lost wages, pain and suffering, and emotional distress. However, any fault assigned to you will reduce the total recovery.
Gathering Evidence to Support Your Claim
To protect your rights after a car accident, it is important to collect evidence that supports your version of events. Steps include:
- Taking Photos: Document the scene, vehicle damage, and any visible injuries.
- Getting Witness Information: Gather contact details for anyone who saw the accident.
- Obtaining the Police Report: This official record often includes key details about fault.
- Seeking Medical Attention: Promptly treating injuries helps establish a direct link to the accident.
Consulting an experienced personal injury attorney is critical to navigating the complexities of a comparative fault system. An attorney can help gather evidence, negotiate with insurance companies, and ensure that your percentage of fault is minimized.
Protect Your Rights After a Car Accident
If you’ve been injured in a car accident, Massachusetts’ comparative fault rules could impact your claim. Contact Kajko, Weisman & Colasanti to protect your rights, evaluate your case, and pursue the compensation you deserve. With their expertise, you can navigate the legal complexities of car accident claims and maximize your recovery.
