Do I Still Have a Case if I Was Partially to Blame for the Car Accident?
Fault for many car accidents in Massachusetts is not cut and dry. In some cases, two or more parties share fault for an accident. In Massachusetts, state law says that you still have a case even if you were partially to blame for an automobile accident. However, being found partially at fault can impact the amount of financial compensation that you can receive from the other driver.
What Is the Comparative Fault Law?
There are contributory and comparative fault states. Contributory fault states are less common. In a contributory fault state, any degree or percentage of fault allocated to the plaintiff will take away his or her right to recover financially. If you lived in a contributory fault state, even 1 percent of fault for the crash means you would lose the right to recover. Massachusetts, however, is a comparative fault state.
In a comparative fault state, bearing some of the blame for a car accident does not automatically bar a plaintiff from recovering financial compensation. Instead, the courts will reduce the plaintiff’s recovery by an amount that is equal to his or her percentage of fault. If you are found to be 15 percent at fault for speeding, for example, but the other driver is 85 percent at fault for texting and driving, you would receive 15 percent less than you otherwise would have in financial compensation.
Massachusetts uses a modified comparative negligence law. Unlike a pure comparative negligence law, a modified law places a limit on how much a plaintiff can be at fault for an accident and still recover financial compensation. In Massachusetts, you will still have a case as long as you are 50 percent or less to blame for the accident. If you are found to be 51 percent or more at fault, however, you will be ineligible for financial recovery.
How Is Fault Proven in a Car Accident Case?
It is important not to admit fault for a car accident in Massachusetts, even if you believe that you are to blame. Do not apologize to the other driver, as saying that you’re sorry could be construed as an admittance of guilt. Even if you think you caused the crash, there could be other factors at play that you are unaware of, such as a roadway or vehicle defect. Do not worry if the other driver also does not admit fault. Simply call the police to have them investigate and create an accident report.
Next, contact your auto insurance company to file a claim. Massachusetts is a no-fault state, meaning that every driver’s insurance company will pay up to $8,000 of the driver’s medical bills, regardless of who is at fault for the car accident. You do not have to prove that the other driver is at fault to obtain benefits from your insurer for your medical bills. If you wish to file a lawsuit against the other driver outside of the no-fault system, however, you must establish the other driver’s fault using clear and convincing evidence.
Fault is determined and proven in a car accident case using evidence. Evidence refers to information, documentation and facts that indicate whether a claim is true or valid. If you wish to prove that the other driver is at fault for your crash, you will need evidence establishing that he or she violated a traffic law, such as eyewitness statements, a police report or video footage. An insurance company will analyze all of the evidence submitted and use its own investigative techniques to identify the at-fault party. Then, the insurer will use the information gathered to either accept or reject your claim.
How Can a Car Accident Attorney Help?
If you’ve been injured in a car accident in Massachusetts, consult with a Merrimack Valley car accident lawyer for assistance with the claims process. Do not assume that you’re ineligible to recover if you contributed to the crash. Contact an attorney, as you may still be eligible for full or partial financial compensation under the state’s comparative fault law. With an experienced lawyer by your side, you can build a stronger claim to damages.