After a traffic crash, the party whose negligent behavior directly caused the accident is typically held liable for its consequences. If you have been hurt in a motor vehicle accident in Massachusetts, other drivers, trucking companies, and even government entities may be held liable for your injuries.
On this page, the experienced personal injury lawyers at Rob Levine Law explain how fault is determined under Massachusetts car accident laws and outline the circumstances under which each party involved in a crash can be held liable. If you’ve been injured in a vehicle accident and need legal assistance, contact us online or call (800) 742-3920 today to schedule a complimentary consultation.
How Is Fault Determined in Massachusetts?
Massachusetts is a no-fault state, meaning each driver in a car accident must initially look to their own insurer for coverage. However, if you’ve suffered serious injuries or have medical expenses exceeding $2,000, you might be eligible to pursue additional compensation from the at-fault driver.
Massachusetts determines blame using a modified comparative negligence system, which assigns a percentage of liability to each participant. Anyone who is 51% or more to blame cannot recover compensation. However, those 50% or less at fault may recover damages, but their compensation will be reduced proportionately to their share of the blame.
Evidence that can help determine fault for a vehicle accident includes the following:
- Police reports
- Witness testimony
- Photos or video of the crash
- Physical evidence at the scene, such as skid marks or vehicle damage
- Comparing each driver’s actions to traffic laws
While courts ultimately determine fault, victims and insurance companies often must agree on the allocation of fault to reach a settlement. Insurers always look out for their bottom line—even your own insurance company will prioritize its interests over yours. It’s important to have an experienced lawyer on your side to ensure that you aren’t assigned any undeserved liability.
When Is the Other Driver Liable?
A driver involved in a car accident may be held liable if their negligent actions directly led to the crash. Vehicle accidents often result from at least one party’s negligence or failure to obey traffic laws.
Conduct for which the other driver may be held liable includes the following:
- Speeding
- Cutting off other drivers or stopping abruptly
- Running red lights or stop signs
- Failing to yield the right of way to other drivers
- Distracted driving, including texting and other phone use
- Ignoring hazardous road or weather conditions, such as black ice
- Driving while intoxicated, whether under the influence of alcohol or drugs
Drivers can also be held liable for “road rage” accidents caused by reckless, intentional, and aggressive behavior toward others.
When Is the Other Driver’s Employer Liable?
Vehicle accident liability can extend beyond the drivers involved in the crash. If one of the participants was a driver acting within the scope of their employment, their employer could also be held liable for any resulting injuries. This is called vicarious liability, under which a party is held responsible for the actions of its representatives or employees.
Drivers whose employers are likely to be vicariously liable after a vehicle crash in Massachusetts may include:
- Delivery drivers, including Amazon trucks or food delivery services
- Commercial truckers, who may also share liability with maintenance companies, manufacturers, and more
However, an employer is not automatically at fault when a driver gets into a crash using a company vehicle. If the driver was off the clock, running personal errands, or generally acting outside the scope of their job duties at the time of the accident, their company will most likely escape liability.
Rideshare drivers for companies like Uber and Lyft are generally not employees. Thus, rideshare companies are usually not vicariously liable for accidents. However, they do cover rideshare vehicles with insurance coverage that depends on the driver’s status at the time of the accident. If you are harmed in an accident that occurs while the driver is logged into the app, you might be eligible to file a claim under the rideshare company’s coverage.
When Is the Government Liable?
Government entities are typically given sovereign immunity from lawsuits in many situations. However, Massachusetts law allows injury victims to hold government agencies liable when their employees or agents cause vehicle accidents through negligence. This can include crashes involving police cars, fire trucks, public buses, and other vehicles operated by government employees for work.
It’s also possible, in some circumstances, for government entities to be liable for poor road conditions that lead to a vehicle accident. However, claims against government entities follow their own specific rules and are generally much more complicated than most vehicle accident lawsuits, requiring a skilled lawyer to navigate.
When Are You Liable?
If you were driving distracted or violating traffic laws before a crash, you may be found at fault for any resulting injuries, making you partially liable for the accident. However, as long as you are 50% or less to blame for the crash, you can still recover some compensation under Massachusetts’ modified comparative negligence laws.
For example, if you were 25% liable for a car accident that left you with $40,000 in damages above your own policy limits, you would be able to recover $30,000.
It’s important to consult with a knowledgeable car accident lawyer to determine whether you are truly liable for your crash. If you do share some liability, your attorney can still help you recover partial damages through the comparative negligence system.
Rob Levine Law Can Help Determine Who Is Truly Liable
Navigating liability after a vehicle accident in Massachusetts can be overwhelming—especially if insurance companies are trying to pin the blame on you to reduce what they owe. The trusted Boston car accident lawyers with Rob Levine Law can protect your rights and hold the other parties accountable for their negligence.
With more than 25 years of experience in advocating for those in need, our firm has earned the title The Heavy Hitter® for our reputation of aggressive legal advocacy and tireless pursuit of justice. We’ve helped over 50,000 clients recover over $2 billion in disability benefits and injury compensation, and with our Fee Free Guarantee®, you won’t pay us anything unless you win your case.
We’re ready to help you get the compensation you deserve. Contact us online or call (800) 742-3920 today for a free consultation.
