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

If you’re concerned that you may be partially at fault in a Massachusetts car accident, hire an attorney right away.


If you were complicit in a car accident in Massachusetts that injured you, it’s important to hire an attorney. While you may be able to file a lawsuit, your award of damages may be reduced in proportion to your degree of fault.

In Massachusetts auto accidents where both drivers share blame, an injured driver can only sue if they are less at fault than a defendant. So even if you contributed to a collision, you may still be able to file a lawsuit if you sustained injuries. If you do this, your damage will likely be reduced in proportion to your level of culpability. Under the Massachusetts comparative debt statutes, a plaintiff’s negligence reduces a defendant’s liability. To prevent this from affecting your right to compensation, hire an attorney. An experienced attorney can assemble the evidence necessary to prove another driver caused your injuries in a Massachusetts auto accident trial.

Can You File a Lawsuit When Both Drivers Share Blame for a Massachusetts Car Accident?

Not all car accidents are unique. Some are complicated, caused by error or negligence on the part of several parties. When this happens and a victim is injured, it may be uncertain whether or not they can file a lawsuit in Massachusetts. The answer is complex and depends on the percentage of errors attributed to each driver involved.

Car accidents are often complex, and it is possible for several drivers involved to bear some degree of blame for the resulting damage. Depending on the circumstances of a car accident, victims may also be held partially responsible for their own injuries. However, Massachusetts does provide avenues for victims injured in collisions, even if they share some of the blame.

If you were recently injured in an accident, you can hire a Massachusetts auto accident attorney and file a lawsuit, even if you were partially at fault in the collision. Massachusetts is a modified comparative guilt state, meaning an injured driver who shares blame for a car accident can still sue another party if the injured driver’s level of guilt is less.

Just as both drivers could share the blame for two-car collisions, several Drivers can share the blame for chain reaction collisions. Car accidents are not always obvious, and many factors can contribute to the cause of a collision. So if a person is injured, they can still sue other parties involved as long as the victim is no longer responsible for their damage.

Can you claim back compensation if you were partially at fault in a Massachusetts car accident?

Although you can still file a lawsuit if you were injured in a Massachusetts car accident in which you were partially at fault, your damage will likely be reduced. In general, compensation is reduced in proportion to the degree of fault of the injured plaintiff.

Massachusetts comparative negligence laws provide that while partially at fault victims may sue a negligent driver for damages under certain circumstances, their damages may be reduced. If it is determined that you are more than 50% at fault, you are effectively excluded from compensation.

Your negligence can reduce a defendant’s liability, which means they may have to pay less in damages even if your lawsuit is successful. This can anger victims who may face expensive medical bills and lost wages after a collision. For this reason, it is important to consult an experienced car accident lawyer in Cambridge, Massachusetts, especially if you are an complicity in an accident.

Victims unfamiliar with Massachusetts comparative liability laws are more likely to mispronounce during settlement negotiations or other conversations and falsely accept blame for an accident they did not cause. This can result in less damage, making it harder for injured drivers to heal after a car crash.

Comparative at-fault laws can also affect insurance claims that a victim may file to seek compensation after an accident. If you don’t have an experienced attorney by your side when speaking with an insurance adjuster, you’re more likely to mispronounce yourself and accept mistakes, giving an insurance company reason to deny your claim.

What to do if you’re partially at fault in a car accident in Massachusetts

For many injured drivers, avoiding Massachusetts’ comparative tort laws is crucial. An experienced attorney can help you by compiling compelling evidence that another driver, and only that driver, caused your injuries.

Negligence suit filed against hospital and doctors after child's death
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After being injured in a complicated car accident, some Massachusetts car crash victims fear they are complicit in their injuries. It’s not always like that, even if it looks like it. It is crucial to understand whether or not you actually contributed to your injuries. Without an experienced lawyer by your side, you may be accepting a percentage of fault, which can ultimately affect your claim for damages.

Hire an experienced auto accident attorney in Boston, Massachusetts to avoid comparative debt laws as much as possible. Your attorney can compile the necessary evidence and documentation, such as police reports, eyewitness statements, medical records, and photographs, to prove that another driver was more or entirely at fault for your injuries.

If you’re concerned that you may be partially at fault in a Massachusetts car accident, hire an attorney right away. Any discussions you have alone with insurance companies or other parties involved can negatively impact your future compensation entitlement. It’s important to act quickly and get legal counsel so you can quickly file a lawsuit and recover damages to which you are entitled from a Massachusetts negligent driver.

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