What Happens if You Are Partially at Fault in a Springfield Car Accident?

The moments after a car crash are disorienting and stressful. Amid the confusion, a question often surfaces that can cause significant anxiety: What if the accident was partly my fault? If you have been injured in a collision on a busy road like I-91 or a local street, you may worry that sharing some of the blame prevents you from receiving any help. The answer is more complex than a simple yes or no. The reality is that you may still have a valid claim for your injuries and losses.

How Massachusetts Law Handles Shared Fault

In Massachusetts, the legal system uses a principle called “modified comparative negligence” to handle personal injury cases where more than one person may be responsible. This rule directly impacts your ability to recover financial compensation after a car accident. It is not an all or nothing system; instead, it looks at the situation in terms of percentages.

• The 51 Percent Bar: You can recover damages from another party as long as your percentage of fault is determined to be 50 percent or less. If your level of responsibility is found to be 51 percent or more, you are barred from recovering any compensation from the other driver.
• Reduced Compensation: If you are found to be partially at fault, but 50 percent or less, your final compensation award will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20 percent at fault, your award would be reduced by 20 percent, leaving you with $80,000.
• No Fault, Full Recovery: If the other driver is found to be 100 percent responsible for the crash, you are entitled to seek the full amount of your calculated damages without any reduction.

This system acknowledges that many accidents are not black and white and that fault can be shared. The key is determining those percentages accurately.

How Is the Percentage of Fault Determined?

Assigning a percentage of fault is not a random process. It involves a detailed investigation into the specific circumstances of the accident. Insurance adjusters and legal teams will review all available evidence to piece together how the crash occurred and who was negligent.

• The Official Police Report: The responding officer’s accident report provides an initial account of the accident, often including diagrams, witness information, and any traffic citations issued at the scene.
• Evidence from the Scene: Photographs and videos of the vehicle damage, skid marks, road conditions, and the surrounding area can provide critical clues. This is why documenting the scene is so important.
• Statements from Witnesses: Independent witnesses who saw the accident can offer an unbiased perspective that helps clarify the sequence of events.
• Traffic Laws and Regulations: An analysis of who had the right of way and whether any traffic laws were violated plays a significant role in establishing negligence.

This evidence is used to build a complete picture of the accident, which forms the basis for any arguments about who was at fault and to what degree.

Actions to Take at Home After an Accident

Once you are home from the accident scene and have addressed any immediate medical needs, the steps you take can greatly influence the outcome of a potential claim, especially when fault is in question. It is important to be proactive in protecting your rights and documenting your experience.

• Keep a Detailed Journal: Start a daily log of your physical symptoms, pain levels, and any emotional distress you are experiencing. Note how your injuries impact your ability to perform daily tasks, work, or enjoy your hobbies. This personal record can be powerful evidence of your pain and suffering.
• Organize All Paperwork: Create a file for everything related to the accident. This includes medical bills, receipts for prescriptions, repair estimates for your vehicle, and any correspondence from insurance companies. Staying organized will be incredibly helpful later.
• Be Cautious with Insurance Adjusters: The other driver’s insurance company will likely contact you. You are not obligated to provide them with a recorded statement. It is best to stick to the basic facts of the accident and avoid guessing or speculating about what happened. Never admit fault.

These actions help create a strong foundation for your case and prevent you from unintentionally harming your ability to seek the compensation you may need.

FAQ for What Happens if You’re Partially at Fault in a Springfield Car Accident?

Here are answers to some common questions that arise when dealing with a shared fault car accident claim.

Can I still receive payment for my medical bills if I am partially at fault?

In Massachusetts, Personal Injury Protection (PIP) coverage is part of every auto insurance policy. PIP is a no-fault benefit, meaning it can cover your initial medical expenses and lost wages up to your policy limits, regardless of who was at fault for the crash.

What happens if there were three or more cars involved in the accident?

Multi-vehicle accidents add layers of complexity. Fault can be distributed among several drivers. An investigation will seek to determine the role each driver played in causing the collisions, and comparative negligence rules will be applied to each party involved.

How long do I have to file a car accident claim in Massachusetts?

The statute of limitations for most personal injury claims in Massachusetts is three years from the date of the accident. It is important to act well before this deadline, as building a strong case takes time.

Winning is NO Accident! A Personal Injury Lawyer Can Help Make It Happen

A car accident is challenging enough without the added stress of arguing with an insurance company about fault. If you were injured in a crash and believe you may be considered partially responsible, do not assume you have no options.

At Cava Law Firm, we understand the complexities of Massachusetts’ comparative negligence laws. Our team is committed to advocating for the rights of injured individuals throughout Springfield and the surrounding communities. We handle the legal process so you do not have to, allowing you to focus on what matters most: your health and well-being.

If you have been injured, we are here to help. Contact the Springfield car accident lawyers at Cava Law Firm today at (413) 737-3430 or (413) 781-CAVA (2282), or through our online form to discuss your case during a free case consultation.

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]