It’s key not to immediately discuss blame if you are involved in a car accident. Don’t admit fault to anyone, even if you think your actions contributed to the collision. Let the police, insurance companies, and attorneys investigate and reach their own conclusions. There’s a time and place for discussing the cause of a collision, but it isn’t at the accident scene.
DiBella Law Injury and Accident Lawyers have over 20 years of experience advocating for personal injury victims. If you’re wondering how fault is determined in a Massachusetts car accident—and how it applies to your situation—we can help. Call us at (617) 870-0907 or complete our online intake form to schedule your free consultation.
How Is Fault Established in a Car Accident in MA?
As a no-fault commonwealth, Massachusetts requires drivers to carry personal injury protection coverage or PIP. This coverage covers medical bills and lost wages after a collision, regardless of fault.
However, an accident victim’s losses might exceed their losses. Sometimes, a victim may seek additional damages from the at-fault driver’s insurance policy. To pursue a claim against another party, you must have incurred at least $2,000 in medical expenses or suffered serious injury like a fractured bone or substantial loss of hearing or sight.
Mass. Gen. Laws ch. 231, § 85 establishes a comparative fault system for car accidents. Under this system, victims can recover losses if they aren’t more than 50 percent responsible for the collision. However, the compensation will be reduced in proportion to the victim’s share of responsibility for the accident.
Massachusetts has established Standards of Fault under Title 211 CMR 74.00 for insurers to follow when determining responsibility for a vehicle collision. It provides the standards of fault that insurers shall apply when determining whether to presume a driver is more than 50 percent at fault for an accident.
The Massachusetts Merit Rating Board evaluates accidents involving resident drivers and identifies them as surchargeable incidents if the following apply:
- The vehicle operator is more than 50 percent at fault in a car accident
- The vehicle is a private passenger car
- The accident required an insurance claim payment exceeding $1,000 of the driver’s deductible
- The claim payment was for another involved party’s damages for property, bodily injuries, collision, or limited collision.
Surchargeable incidents stay on a driver’s record for several years and may prompt insurance premium increases.
Massachusetts Standards of Fault
The Massachusetts Driver’s Manual lists 19 ways in which drivers are determined to be more than 50 percent at fault for an accident. If your insurance company finds you at fault according to one of these standards of fault, then you can be held financially responsible for the accident.
The standards listed are:
- Collision with a lawfully or an unlawfully parked vehicle
- Rear-end collision
- Out-of-lane collision
- Failure to signal
- Failure to proceed with due caution from a traffic control signal or sign
- Collision on the wrong side of the road
- Operating in the wrong direction
- Collision at an uncontrolled intersection
- Collision while in the process of backing up
- Collision while making a left turn or a U-turn across the travel path of a vehicle traveling in the same or opposite direction
- Leaving or exiting from a parked position, a parking lot, an alley, or a driveway
- Opened or opening vehicle door
- Single-vehicle collision
- Failure to obey the rules and regulations for driving
- Unattended vehicle collision
- Collision while merging onto a highway or into a rotary
- Noncontact operator causing a collision
- Failure to yield the right-of-way to emergency vehicles when required by law
- Collision at a “T” intersection when entered from a side road
If it is determined the driver violated one or more of these standards after a complete accident investigation, they will likely be deemed at fault for the crash.
Can You File a Claim if You Were Partially at Fault for Your Accident?
Massachusetts follows a comparative negligence law that allows drivers to recover damages if they’re less than 51 percent responsible for the accident. Courts reduce a damage award based on how a driver’s actions contributed to a wreck.
For example, you drove a car with a burnt-out tail light. Another vehicle ran into the back of your car, causing a severe accident that left you with a back injury. The driver who rear-ended is found to be 70 percent responsible for the accident, but you are found to be 30 percent at fault for failing to replace the tail light. If you suffered $100,000 in damages, your compensation would be reduced by 30 percent, allowing you to recover $70,000.
Liability is a common point of disagreement in vehicle collision claims. Insurance companies try to protect their bottom line by arguing a victim contributed to the accident. However, even if you were partly to blame, you can still pursue compensation if you’re not more than 50 percent responsible.
How Does an Attorney Help Establish Fault?
Hiring an attorney streamlines the claims process and helps you pursue fair compensation for your losses.
Your attorney plays a key role in the fault-finding process of a car accident claim. They’ll assemble evidence that establishes the facts of the case and demonstrates the other driver’s responsibility. Relevant evidence can include photos and videos of the crash, police reports, and statements from accident witnesses. Your lawyer also will apply Massachusetts traffic laws and regulations to the case. If the driver violates a traffic law, it may go a long way to prove their culpability for the accident.
Attorneys also represent you during settlement negotiations. They’ll meet with claims examiners, insurance representatives, and others on your behalf. If an insurance company doesn’t want to provide a fair settlement, your lawyer can advocate for you in court. Their assistance can prove invaluable, especially in hotly contested claims.
In accidents involving uninsured drivers or multiple vehicles, an attorney’s help may prove invaluable. These complex claims often require a skilled lawyer’s legal knowledge and negotiation skills.
Our Experienced Car Accident Attorneys Can Help
DiBella Law has recovered millions in settlements and verdicts for Massachusetts collision victims. We’re renowned personal injury attorneys known for our compassionate approach and dedication to excellence. When you work with us, there is no fee unless we win, and all consultations are free. Call us at (617) 870-0907 or complete our online form to schedule a case review.