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What if Both Drivers Are Partially at Fault for a Car Accident in Massachusetts?

— October 18, 2022

If you are concerned that you are partially at fault for a Massachusetts car accident, hire a lawyer immediately.

If you were partially at fault for a car accident in Massachusetts that caused you injury, it’s important to hire an attorney. While you might be able to file a lawsuit, your awarded damages may be reduced in proportion to your level of fault.

In Massachusetts car accidents where both drivers share fault, an injured driver can only sue if they are less at fault than a defendant. So, even if you somewhat contributed to a collision, you may be able to file a lawsuit if you sustained injuries. If you do, your damages will likely be reduced in proportion to your level of fault. According to Massachusetts’ comparative fault laws, a plaintiff’s negligence reduces a defendant’s liability. To prevent this from impacting your access to damages, hire an attorney. An experienced lawyer can compile the necessary evidence to prove that another driver caused your injuries in a Massachusetts car accident lawsuit.

Can You File a Lawsuit if Both Drivers Share Fault for a Massachusetts Car Accident?

Not all car accidents are clear-cut. Some are complicated, caused by the mistakes or negligence of multiple parties. When this happens, and a victim is injured, they may be unsure whether or not they can file a lawsuit in Massachusetts. The answer is complex and depends on the percentage of fault attributed to each involved driver.

Car accidents are often complex, and it is possible for several involved drivers to share some degree of fault for the resulting damages. Victims might also be found partially liable for their own injuries, depending on the circumstances of a car accident. That said, Massachusetts does provide pathways for victims injured in collisions, even if they share some of the blame,

If you were injured in a recent crash, you can hire a Massachusetts car accident lawyer and file a lawsuit, even if you were partially at fault for the collision. Massachusetts is a modified comparative fault state, meaning an injured driver that shares fault for a car accident can still sue another party if the injured driver’s level of fault is lower.

Just as both drivers might share fault for two-car collisions, several drivers might share fault for chain-reaction collisions. Car accidents are not always obvious, and many factors can contribute to a collision’s cause. So, if a person is injured, they can still sue others involved, as long as the victim is not more to blame for their damages.

Can You Recover Compensation if You Were Partially at Fault for a Car Accident in Massachusetts?

Although you can still file a lawsuit if you were injured in a Massachusetts car accident for which you were partially at fault, you are likely to see your damages reduced. Generally speaking, compensation is reduced in proportion to an injured plaintiff’s level of fault.

Massachusetts’ comparative negligence laws dictate that while partially at-fault victims can sue a negligent driver for compensation under certain circumstances, their damages may be reduced. If you are found to be more than 50% at fault, then you are actually blocked from recovering damages.

Your negligence may reduce a defendant’s liability, meaning they may have to pay fewer damages even if your lawsuit is successful. This can upset victims who may be facing expensive medical bills and lost wages in the aftermath of a collision. That is why it is important to consult with an experienced Cambridge, Massachusetts car accident lawyer, especially if you share fault for a crash.

Victims unaware of Massachusetts’ comparative fault laws may be more likely to misspeak during settlement negotiations or other conversations and mistakenly accept fault for an accident they did not cause. This can result in fewer damages, making it difficult for injured drivers to heal after a car accident.

Comparative fault laws might also influence insurance claims a victim may file to recover compensatory damages after a crash. If you don’t have an experienced attorney by your side during conversations with an insurance adjuster, you may be more likely to misspeak and accept fault, giving an insurance company reason to deny your claim.

What to Do if You Are Partially at Fault for a Massachusetts Car Accident

For many injured drivers, avoiding Massachusetts’ comparative fault laws is crucial. A skilled attorney can help you achieve that by compiling compelling evidence that another driver, and that driver alone, caused your injuries.

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After being injured in a complicated car accident, some Massachusetts car accident victims may fear that they share fault for their injuries. That’s not always the case, even if it appears so. Understanding whether or not you did, in fact, contribute to your injuries is crucial. Without an experienced lawyer on your side, you might accept a percentage of fault, which can ultimately harm your compensation claim.

To avoid comparative fault laws as much as possible, hire an experienced Boston, Massachusetts car accident lawyer. Your attorney can gather the necessary evidence and documentation, such as police reports, eyewitness statements, medical records, and photographs to prove that another driver was more to blame, or entirely to blame, for your injuries.

If you are concerned that you are partially at fault for a Massachusetts car accident, hire a lawyer immediately. Any conversations you have alone with insurance companies or other involved parties can negatively affect your future compensation claim. It’s important to act fast and seek counsel so that you can quickly file a lawsuit and recover the compensatory damages you deserve against a negligent Massachusetts driver.

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