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Proving Fault in a Massachusetts Car Accident Case: Our Worcester, Massachusetts Personal Injury Attorneys Are Experts in Proving Negligence With Respect to Massachusetts Personal Injury Cases.

In all Massachusetts car accident cases, the rationale for finding that a person, business entity or company is responsible for your damages, as a matter of Massachusetts law, is demonstrating that the other party was negligent. In other words, the fault of the other party is established by showing that they did something wrong or otherwise violated a legal duty owed to another person.

What is Negligence?

Negligence is conduct of another that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm.

A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.

With respect to the operation of a Massachusetts motor vehicle, Massachusetts car accident negligence is demonstrated when it can be shown that the operator has behaved improperly or carelessly and that this misconduct resulted in personal injuries or other damages to another person. The at-fault party, namely the negligent person or entity, is responsible for any and all damages that have been caused due to his or her neglect or mistake. Massachusetts auto accident settlement negotiations and cases in Massachusetts courts often involve a dispute about which party was negligent regarding the Massachusetts motor vehicle accident.

Our Worcester, Massachusetts Car Accident Personal Injury Attorneys Are Experts In Proving Negligence. Call Our Massachusetts Car Accident Law Office Today at 617-787-3700.

In Massachusetts car accident personal injury cases, the plaintiff must prove certain elements in order to
formulate a successful negligence case.

  • First, the injured Massachusetts driver, legally referred to as the plaintiff, must prove that the other person, namely the defendant, had a duty to act reasonably. In general, a person is under a duty to all persons at all times to exercise reasonable care for their physical safety and the safety of their property.

  • Secondly, the plaintiff will need to show that the defendant's negligence was the result of his or her failure to fulfill the legal duty to uphold the Massachusetts rules of the road, and protect the well being of the plaintiff, by causing a Massachusetts motor vehicle accident which resulted in harm or personal injury to the plaintiff.

  • Third, the plaintiff must show that the defendant was the actual and proximate cause of the injuries that resulted from the negligent act. Proximate cause limits a defendant's liability for his negligence to consequences reasonably related to the negligent conduct.

  • Lastly, the plaintiff must establish damages resulting from the defendant’s negligent act. Damages can vary widely; below is a list of some of the recoverable damages.


Bases for Massachusetts Auto Accident Cases

A Worcester resident, who is injured in a Massachusetts motor vehicle accident, who is able to establish negligence on the part of the other party, may recover compensation for all of the damages or injuries he or she has suffered as a result of the Massachusetts car accident, including money damages for:

In order to obtain these damages, the injured Worcester, Massachusetts car accident victim must first prove that he or she was hurt as a result of the other Massachusetts driver’s negligence, due to the recklessness, mistake or other violation of the Massachusetts rules of the road, or the Massachusetts rules of proper and safe driving, by the other driver. Depending on the particular facts and circumstances of the case, the Massachusetts injured party may also be entitled to obtain damages for wrongful death or property damage.


When Fault Changes the Basis for a Worcester, Massachusetts Motor Vehicle Accident Case

Typically, Massachusetts auto accident cases are pursued under the Massachusetts laws of negligence, where the injured driver sues the at-fault Massachusetts driver. Some Massachusetts claims and Massachusetts litigation, however, arise when other issues and legal doctrines come into play that may change the Massachusetts laws that are used to file a Massachusetts case or may change the party or business entity against whom the case is made.

As an example, a Massachusetts accident may result from a problem with the machinery in an auto. If someone slides on ice and their emergency brake fails to function properly, the auto manufacturing company can be found to be responsible for a defective product, namely defective brakes. Properly constructed and working Massachusetts brakes should not fail and then cause a Massachusetts accident. In such a situation the auto manufacturer may be liable for any and all injuries and damages caused in such a Massachusetts motor vehicle accident.

In other circumstances, someone besides the negligent Massachusetts driver who caused the Massachusetts accident may have to pay the injured Massachusetts party more for their injuries than the negligent Massachusetts driver. Then, it makes greater sense to file a Massachusetts case against the person who would be liable for the greater damages. As an example, if someone is injured by a Massachusetts employee driving a Massachusetts motor vehicle on-the-job, the Massachusetts driver may be protected under Massachusetts law as acting as an agent for his Massachusetts employer. Under Massachusetts agency law doctrines, the injured Massachusetts person could then bring a Massachusetts injury case against the employer.


Massachusetts Auto Accidents - Demonstrating Who is at Fault?

Proving fault in a Massachusetts motor vehicle accident is the most important aspect of such a case. The person or business entity whose wrongful behavior caused the Massachusetts car accident is negligent. They are liable for all of the damages caused by their mistake or recklessness. However, sometimes liability is not clear, or there is shared negligence. When liability cannot be easily established, a Massachusetts jury divides fault based on the relative percentages of fault of each of the Massachusetts negligent parties. Our Worcester, MA auto accident attorneys are highly skilled at proving the fault of the other person or business entity.


What are the Laws of Massachusetts Comparative Negligence and Massachusetts Contributory Negligence?

Under Massachusetts case and statutory law, if the injured Massachusetts party is also somewhat at fault for the Massachusetts accident, that person’s money damages may be reduced or, in certain circumstances, completely eliminated.

Under Massachusetts law, a proportional form of comparative negligence is used that entitles an injured Massachusetts party to obtain some of their money damages if they are less than 51% responsible for the Massachusetts accident. If the plaintiff is determined to be less than 51% negligent, but still to have contributed somewhat to the Massachusetts accident, the damages that the plaintiff is able to obtain for his or her injuries are reduced by his or her percentage of fault.

How is the Percentage of Massachusetts Fault Determined Under Massachusetts Law ?

When liability is uncertain regarding a Massachusetts motor vehicle accident, Massachusetts insurance company adjustors establish their own percentages of fault to decide on the amount of a settlement offer. It is not uncommon to be taken advantage of or to be misled as to your fair portion of responsibility for the Massachusetts accident if you do not have highly skilled, expert Worcester, Massachusetts personal injury legal representation. Our highly skilled and knowledgeable Worcester, MA car accident attorneys know full well how to evaluate fault with respect to your Massachusetts motor vehicle accident. Our knowledgeable Worcester auto accident attorneys know how to advocate the lowest percentage of fault possible for our Worcester, Massachusetts clients. This number plays a critical and crucial role when we begin to negotiate your Massachusetts settlement. The experience and skill of our Worcester, MA auto accident personal injury attorneys help us to obtain for you the highest monetary compensation possible. Call our highly skilled Worcester, Massachusetts car accident personal injury attorneys today at 617-787-3700 or email us at gilhoylaw@hotmail.com.


Massachusetts Fault and Massachusetts Auto Insurance

Massachusetts law mandates that all Massachusetts motor vehicle drivers purchase PIP (personal injury protection) coverage as part of their Massachusetts car insurance packages. This type of Massachusetts auto insurance helps to pay for medical costs for the personal injuries arising from a Massachusetts car accident, regardless of who was at fault for the Massachusetts accident.

If you were injured in a Massachusetts motor vehicle accident, and you are found to have been more than 51% negligent for the Massachusetts car accident, you are not entitled to any monetary compensation for your personal injuries from the Massachusetts insurance company of the other party involved in the Massachusetts accident.

Your PIP coverage pays the first $2,000 of your medical expenses. After you have reached the $2,000 in medical bills, if you have private health insurance, you will need to submit your remaining medical expenses to your private health insurer for payment. PIP will then pay for any reasonable and necessary medical treatment that is not covered by your private health insurance plan, generally up to a total of no more than $8,000.

It is a wise idea to include a substantial amount of uninsured and underinsured coverage on your Massachusetts car insurance policy. These types of Massachusetts car insurance coverages will pay you for your damages resulting from a Massachusetts accident with an individual who has no auto insurance or does not have enough auto insurance to pay for all of your costs, expenses and personal injuries. These coverages also protect you in the event of a hit-and-run motor vehicle accident or when an auto was stolen.

Our expert and highly skilled Massachusetts car accident injury lawyers and seasoned Massachusetts auto accident wrongful death attorneys are proud to represent Massachusetts auto accident personal injury clients from throughout the Commonwealth.

Largest Cities in the Commonwealth:
Boston Car Accident Attorney / Worcester Car Accident Attorney / Springfield Car Accident Attorney / Lowell Car Accident Attorney / Cambridge Car Accident Attorney / Brockton Car Accident Attorney / New Bedford Car Accident Attorney / Fall River Car Accident Attorney / Lynn Car Accident Attorney / Quincy Car Accident Attorney

Other Cities and Towns of Note:
Attleboro Car Accident Attorney / Braintree Car Accident Attorney / Bridgewater Car Accident Attorney / Brookline Car Accident Attorney / Chelsea Car Accident Attorney / Dedham Car Accident Attorney / Everett Car Accident Attorney / Fitchburg Car Accident Attorney / Foxborough Car Accident Attorney / Framingham Car Accident Attorney / Haverhill Car Accident Attorney / Holyoke Car Accident Attorney / Lawrence Car Accident Attorney / Leominster Car Accident Attorney / Malden Car Accident Attorney / Marlborough Car Accident Attorney / Medford Car Accident Attorney / Methuen Car Accident Attorney / Milford Car Accident Attorney / Milton Car Accident Attorney / Natick Car Accident Attorney / Newton Car Accident Attorney / Norwood Car Accident Attorney / Peabody Car Accident Attorney / Plymouth Car Accident Attorney / Randolph Car Accident Attorney / Revere Car Accident Attorney / Roslindale Car Accident Attorney / Saugus Car Accident Attorney / Stoughton Car Accident Attorney / Taunton Car Accident Attorney / Waltham Car Accident Attorney / Wellesley Car Accident Attorney / Weston Car Accident Attorney / West Roxbury Car Accident Attorney / Weymouth Car Accident Attorney / Woburn Car Accident Attorney

Massachusetts Counties and Other Regions:
Barnstable County Car Accident Attorney / Bristol County Car Accident Attorney / Cape Cod Car Accident Attorney / Essex County Car Accident Attorney / Franklin County Car Accident Attorney / Middlesex County Car Accident Attorney / Norfolk County Car Accident Attorney / Plymouth County Car Accident Attorney / Suffolk County Car Accident Attorney / Worcester County Car Accident Attorney

If you or your loved one has been injured in a Massachusetts car accident, or if a loved one has died, please call our highly skilled Worcester, MA car accident attorneys or Worcester, Massachusetts wrongful death attorneys at our Massachusetts law firm at 617-787-3700 or email us gilhoylaw@hotmail.com.

Our Worcester, Massachusetts Car Accident Personal Injury Attorneys Are Available 24/7 at 617-787-3700. We Are Experts at Establishing the Negligence of the Other Driver. Your Needs Are Our Top Priority!
You Should Select an Expert Worcester Car Accident Lawyer When You or Your Loved One Has Been Hurt or Killed in a Serious Massachusetts Car Accident. Our Worcester, MA Auto Crash Attorney Specialists and Worcester, MA Wrongful Death Attorney Professionals Are Available 24/7 at 617-787-3700.

 

Attorney Gil Hoy