Even minor car accidents can be very inconvenient and result in losses of time and money. Serious accidents can cause much more damage and substantial losses and might result in catastrophic injuries or death. When you have been involved in a collision and are contending with the aftermath, you might wonder how to determine liability in a car accident. Many accident victims are confused about liability since Massachusetts follows a modified no-fault rule for auto collisions. Scroll down for an overview of liability determination.
How to Determine Liability in a Car Accident in Massachusetts
Massachusetts follows a modified no-fault rule for auto collisions. All motorists must have auto insurance with personal injury protection (PIP) coverage. When you are injured in an accident, you’ll first file a claim with your insurer regardless of fault. In Massachusetts, PIP coverage pays for medical expenses, replacement costs, and lost wages up to $8,000.
If your total losses exceed $8,000, the other driver’s insurance might come into play if they are determined liable and if you are not limited to the no-fault insurance system. The at-fault driver might also be responsible for paying your non-economic losses, including pain and suffering, disability, mental anguish, disfigurement, and others. To step outside of the no-fault system, your medical expenses must exceed $2,000, and your injuries must be serious and result in disfigurement or loss of bodily function.
Compensation After a Massachusetts Car Accident
A claim against your PIP coverage will cover the following up to a maximum of $8,000:
- Medical bills
- Maximum of 75 percent of your wage losses
- Replacement costs
If your injuries are serious, you can step outside of the no-fault system and file a claim against the other driver’s liability insurance or file a lawsuit against them in court. However, you must be able to prove that the other motorist is liable to recover additional compensation.
If the other motorist is found to be liable, you can recover full compensation for your lost wages, your past and future anticipated medical bills, pain and suffering damages, and other related losses up to the other motorist’s liability insurance policy limits.
One important caveat is that the at-fault driver is always responsible for damage to your vehicle. You can file a claim for vehicular damage against the other motorist if they are at fault even if you are uninjured.
Examining Fault
Wondering how to determine liability in a car accident? It begins with determining who was at fault. Immediately after an accident, the police will likely respond to the scene and conduct an initial investigation. They will talk to the involved parties and any witnesses. The investigating officer might create a diagram of the accident and write an accident report. The officer’s initial determination of responsibility is not admissible in court, but it can provide a roadmap for the insurance company and your attorney when they investigate what happened.
Both the insurance company and the plaintiff’s lawyer will review the police report, witness statements, photographs, video, and other evidence from the accident scene to make a liability determination. Your lawyer might work with an accident reconstruction expert who will investigate the scene, take measurements, and make calculations to determine what happened in the moments before, during, and immediately after the collision.
Comparative Negligence: When Both Drivers Share Liability
In some cases, both drivers will share responsibility for a collision. Massachusetts has a modified comparative fault rule to address liability in this type of situation. A jury will make the liability determination based on the evidence presented and testimony provided at trial and will figure out the percentage of fault that can be attributed to each party. To prevail in a claim, your percentage of fault must be 50 percent or less, and your gross verdict award will be reduced by the percentage attributed to you. For example, if a jury finds that you were 49 percent at fault and that your total damages were $100,000, your damages will be reduced by 49 percent for a net verdict of $51,000.
In many cases, the at-fault driver’s insurance company will try to argue that the victim was at fault to try to avoid paying the claim or to reduce how much it might be forced to pay. If the defendant’s insurer can successfully argue that you were 51 percent or more at fault, you won’t be able to recover compensation for your losses. Even if they can’t do that, if they can at least get the jury to decide that you shared some percentage of fault, they can reduce the total amount they will have to pay. An experienced car accident attorney can thoroughly investigate your claim, determine liability, and build the strongest possible case for you to combat the tactics the insurance company might use.
Get Help from an Experienced Car Accident Attorney
If you were injured in an accident you believe was someone else’s fault, you should speak to an experienced auto accident attorney at Ellis & Associates about how to protect your rights. Call us for a free case evaluation at 800-MR-ELLIS or send us a message online.