Disputing fault in a Massachusetts car accident case could be crucial if you need to recover compensation for your serious injuries and related damages. However, this process requires navigating a specific process and having a strong understanding of the state’s no-fault system and comparative negligence laws.
You will want to work closely with a Massachusetts car accident lawyer who can represent your best interests and advocate for you throughout this process. Since you may still be healing from your injuries, you should consider hiring an attorney as soon as possible after your accident.
What Steps Do I Need to Take to Dispute Fault in My Crash?
The steps you should take after an accident when you are falsely blamed include:
Step 1: Review the Police Report
The accident report filed by the law enforcement officers at the accident scene often holds a lot of weight in these cases. This makes it vital to ensure it is correct and supports your claim. You will want to examine it carefully to look for:
- Any errors in the facts of the accident, such as the wrong time or location
- Incomplete witness statements
- Police officer conclusions that seem speculative or not based on the facts
- Whether there were citations issued to the other driver
If the report contains mistakes, your Massachusetts personal injury lawyer can request a correction or submit a written statement to be added to the file. They can also call in accident reconstruction experts or seek other evidence, such as video of the collision, that contradicts the police report.
Step 2: Collect and Preserve Evidence
When you know the cause of the accident is not clear based on the police report and included witness statements alone, it is vital that you gather and preserve other key evidence in the case. Your attorney can manage this process. Common evidence could include:
- Images of the crash scene, vehicle damage, skid marks, debris, traffic signs, and weather conditions
- Video from dashcams, if available.
- Witness statements from interviews
- Traffic or surveillance video that shows the collision
- Vehicle damage assessments
- Accident reconstruction data
Your lawyer will know how to obtain surveillance footage, identify and interview witnesses, and take other steps to develop a robust and compelling case to support your demand for fair compensation from the at-fault driver’s insurance carrier.
Step 3: Challenge the Insurance Company’s Fault Determination
Massachusetts law uses the standards set by 211 CMR 74.00 to assign responsibility in an accident. The insurance company will investigate the crash and assign fault based on the standards set by this statute. If the insurance company assigns you 50 percent or more fault, they will likely deny your claim.
If your injuries are serious and the other driver’s insurer wrongly denies or undervalues your claim based on an incorrect fault assessment, your attorney may recommend filing a personal injury lawsuit. This could require them to:
- Investigate the crash
- Take a deposition from the other driver and other witnesses
- Hire accident reconstruction experts
- Present your case to a judge or jury
Litigation may be the only way to clear your name and recover the damages you deserve if the at-fault driver’s insurance provider will not revise their fault assessment and take responsibility for their policyholder’s negligence.
Why Does Fault Matter in a Massachusetts Car Accident Case?
Massachusetts is a no-fault state for car accidents. Your own Personal Injury Protection (PIP) insurance will pay for your medical expenses and lost wages regardless of who caused the crash. However, those with serious injuries whose bills exceed their PIP coverage or who have lasting disabilities may need to step outside of this system to recover more money.
Under MA law, you can pursue a fault-based claim against an at-fault driver when you have serious crash injuries. In these situations, having strong evidence to prove fault and liability is important because:
- Their insurance company could deny or reduce your claim if they blame you
- You lose the right to recover damages if you are more than 50 percent at fault under the state’s modified comparative negligence rule
- Your compensation goes down by the percentage of fault you hold in your crash
Being falsely blamed for causing or contributing to your accident could significantly affect the money you can recover. You want to ensure you can prove the other driver caused your accident.
How a Massachusetts Car Accident Attorney Will Help With Your Case
Challenging fault in a crash case is essential when you need to build a compelling case and recover compensation for your damages. Working with an attorney ensures you have someone on your side who knows how to uncover the facts and apply the necessary laws. When you hire a law firm to manage your case, they will:
- Analyze the police report and identify any issues
- Challenge the insurance company’s findings
- Represent you throughout this process and fight for your best interests
- Negotiate with adjusters for a fair settlement
- Take your case to trial if needed
Our firm represents injured clients throughout Massachusetts. We know how to push back against unfair fault assignments and help our clients recover the compensation they deserve. We also have Massachusetts wrongful death lawyers who can help your family seek fair compensation if your loved one died in a crash caused by another driver.
Talk to Our Team About Your Massachusetts Car Accident Case for Free
If you were hurt in a Massachusetts car crash and disagree with how fault was assigned, call us today for a free consultation. We will review your case, explain your rights, and develop a strategy to challenge the fault determination. A Massachusetts car accident lawyer from GED Lawyers will fight for the money you deserve.
Founded in 1995, our case results include $100+ million recovered for injured accident victims. Contact us today to receive a free consultation. We work based on contingency fees.
