Determining fault after a car accident is very important in Massachusetts. Here’s what you need to know about how a determination of fault is made.
Being involved in a car accident is always a jarring experience, especially if you suffer severe injuries as a result of the crash. What can be even more unnerving, though, is believing that the other party involved was at fault for the crash, but not knowing how to prove this or how to recover compensation. If you’ve been in a car crash, our Boston car accident attorney at the office of Tetzel Law, LLC can help you understand the state’s fault laws, prove the fault of the other driver, and file a claim.
Does Fault Matter in a Massachusetts Crash?
Massachusetts is typically referred to a no-fault car insurance state, which means that regardless of fault, each driver will turn to their own insurance company for certain benefits. However, this doesn’t mean that fault doesn’t matter – on the contrary, fault is very important to your case in determining if a recovery from the insurance company of the other driver is available. If you believe fault rests with the other operator, then you will need to open a claim with their insurance company. This will indeed require proving that party’s fault.
How Do You Know Who’s at Fault?
In order for a fault determination to be made, an investigation must be conducted. Sometimes, the investigation is short and to the point. For example, if a car ran a red light and the accident was caught on video, then the driver of that car will be found at fault. In other cases, though, fault may be more complex or disputed, and will require talking to eyewitnesses, reviewing police reports, hiring accident reconstruction experts, etc.
If the investigation shows that one of the drivers did something negligent or something that satisfies one of the criteria related to “Standards of Fault: Circumstances in Which an Operator’s Fault Is Presumed to Be More than 50%,” then that driver will be held liable for the accident. Examples of actions that can result in a finding of more than 50 percent fault of a driver include rear-ending another vehicle, failing to signal, operating in the wrong direction, and colliding while in the process of backing up.
Get Help Navigating Your Boston Car Accident Claim
If your injuries are minor and you are insured, then you likely won’t need to worry too much about fault following a motor vehicle accident. On the other hand, though, if your injuries are serious, it’s in your best interest to reach out to an experienced Boston car accident attorney who has the resources to investigate your claim, determine and prove fault, and negotiate your settlement.
At the office of Tetzel Law, LLC, our Boston car accident lawyer wants to help. Please reach our law firm today at (617) 742-1700 or by sending us a message directly. We offer free case consultations.