A car accident can take a harsh toll on your health, finances, and overall wellbeing. Fortunately, Massachusetts fault laws provide victims with ways to seek compensation for medical costs and other monetary losses that often accompany a serious crash.
Massachusetts is a no-fault state. That means accident victims must first file a claim for compensation from their own insurance company. The personal injury protection (PIP) benefits from their policy will cover their medical expenses and a portion of their lost wages up to the policy limits.
However, fault still makes a difference in car accident claims. Depending on the facts of the case, victims could also pursue compensation from the at-fault driver. But the state’s liability laws could limit their legal options, so it’s wise to get advice from an experienced attorney.
If you’ve been hurt in a crash, talk to a Brockton car accident lawyer at The Law Offices of Gerald J. Noonan today. We understand the tremendous financial burden you’re under. We can identify every potential source of compensation for you in a free consultation.
We can investigate your auto accident to determine whether you have grounds for a fault-based claim. You’ll need compelling evidence to prove the other driver is liable for the crash. Our dedicated lawyers can collect and organize it all for you. We know what it takes to build a persuasive claim and prevent an unfair portion of the blame from being pushed on your shoulders.
For the past 30 years, our attorneys have demanded and obtained justice for our clients. Let us do the same for you. Call or contact us today.
How is Fault Determined in Massachusetts?
As a no-fault state, Massachusetts ensures that you will receive at least some compensation after an accident. PIP benefits are provided regardless of who is to blame for a crash.
When you submit a PIP claim with your auto insurer, you are entitled to compensation for:
- $8,000 in coverage for reasonable medical expenses (after the deductible is paid)
- 75 percent of your lost wages up to the policy limits
However, your PIP benefits may not be enough to cover the full extent of your losses after a wreck. That’s where Massachusetts fault laws are especially important. If you believe someone else was to blame for the collision, we can help you determine liability.
Why Fault Makes a Difference
Fault matters because it raises the possibility of obtaining additional compensation for your losses. If another party is at fault, you can file a claim with their insurance company requesting money to cover the excess costs stemming from the car accident.
However, you must meet a certain threshold before you can sue in Massachusetts.
In order to file a claim against a negligent driver, you must have:
- Incurred at least $2,000 in reasonable medical costs and/or;
- Suffered permanent and serious injuries that affect your quality of life
Once you file a claim, the insurance company will investigate the accident to decide whether they believe your claim is valid.
Massachusetts uses a modified comparative fault rule to determine whether you can collect compensation after a car accident. By law, you can recover money if you prove that the other party was more than 50 percent responsible for the crash. The amount you receive will be reduced by whatever portion of the fault is assigned to you. However, if you are deemed even one percentage point over the 50 percent limit, you get nothing.
Massachusetts Presumption of Fault
The state’s car accident laws outline certain circumstances where a driver is automatically assumed to be more than 50 percent at fault for a crash:
- Hitting a parked vehicle: Even if the other car is parked illegally, the driver who hit the car is presumed to be at fault.
- Rear-end collision: If you are struck from behind, the other driver will be mostly at fault.
- Out-of-lane crash: A driver is presumed at fault if they cause a collision when passing another vehicle or turning into or across the other vehicle’s lane. That’s also true if they leave their lane into a passing car.
- Failure to signal: Neglecting to use a turn signal is a violation of the law and creates the presumption of fault.
- Failure to proceed cautiously at a traffic light or sign: Drivers must use due caution before entering traffic. If they go before it’s safe and cause a collision, they’ll shoulder the largest portion of the blame.
- Wrong side of road: Any driver who crosses the center line will be presumed at fault for a collision.
- Wrong way: Whether they’re heading the wrong way on a highway or a one-way street, a driver will be presumed at fault for any resulting crash.
- Uncontrolled intersection: At intersections with no traffic lights or signs, a driver is presumably at fault if they enter from a secondary road, fail to yield to the left, or proceed into the intersection later than another car already moving through.
- Reversing: The driver is presumed at fault if they hit someone while backing up.
- Left or U-turns: If a driver causes a crash when turning left into oncoming traffic or while making a U-turn, they’ll be assigned more than 50 percent of the blame.
- Departing from certain locations: Leaving a parking lot, alley, driveway, or parking spot requires special care. Drivers will be held liable if they collide with another vehicle in those circumstances.
- Single-vehicle collision: If only one vehicle is involved in a crash, fault lies with the driver of that vehicle.
- Non-contact collision: If a driver’s actions caused other vehicles to collide, they can still be held liable for a wreck, even if their car was not hit.
- Merging onto a highway or rotary: Drivers must yield to vehicles already on the roadway or they will be presumed at fault for any resulting car accident.
- Collision at a T-intersection: A three-way intersection is also called a T-intersection. Some T-intersections are made up of secondary roads that terminate at a major throughway. A driver will be presumed at fault for a crash if they enter the throughway from one of these side roads into oncoming traffic.
Drivers are also presumed at fault for crashes caused by failing to yield to emergency vehicles, leaving a car unattended, leaving a door open, or opening a door into traffic.
Keep in mind that an insurance company can challenge your car accident claim even in cases where fault is presumed. Because liability hinges on just one percentage point, insurers will fight hard to find evidence that shifts any portion of the blame onto you.
