Recently, a multi-vehicle crash on Interstate 93 in Canton, Massachusetts, left seven people hospitalized and raised important questions about determining fault in complex collisions. With four vehicles involved, understanding how Massachusetts’ comparative negligence law applies is crucial for victims seeking compensation. This legal framework assigns fault proportionally, meaning your ability to recover damages depends on your role in the crash.
In Massachusetts, comparative negligence laws provide a fair way to resolve disputes in accidents involving multiple drivers. To recover damages, your level of fault must not exceed 50%. If you were partially responsible, the amount you can recover will be reduced by your percentage of fault. Because determining liability in multi-vehicle accidents often involves nuanced legal arguments, consulting with an attorney can make all the difference.
What Is Comparative Negligence?
Massachusetts follows a modified comparative negligence system, codified in Massachusetts General Laws Chapter 231, Section 85. This system ensures that fault is divided among all parties involved in an accident. You may recover damages even if you are partially at fault, but only if your level of responsibility does not exceed 50%.
For example, if the court finds you 30% responsible for a crash and your total damages amount to $100,000, you would recover 70%—or $70,000. If your fault reaches 51%, however, you lose the ability to collect compensation under state law.
This system encourages fairness but also requires accident victims to minimize their share of fault. Demonstrating that other parties bear greater responsibility is critical for maximizing compensation.
How Comparative Negligence Applies to Multi-Vehicle Accidents
Multi-vehicle accidents, like the recent crash on Interstate 93, often involve multiple drivers who may share blame. For instance, one driver may have been speeding, another may have been distracted, and a third could have failed to maintain a safe following distance. Comparative negligence laws are designed to allocate fault among all involved parties based on their contributions to the crash.
In these cases, evidence is key. Police reports, eyewitness accounts, and surveillance footage can help determine which drivers acted negligently. For example, skid marks or black box data from vehicles can show how fast a driver travels if speeding is a factor. Similarly, video footage might reveal whether a driver failed to signal or swerved between lanes.
Accident reconstruction experts often play a pivotal role in these investigations. They analyze physical evidence from the scene, such as vehicle damage and debris patterns, to create a clear picture of what happened. Their findings can help establish fault percentages for each driver involved.
Why Legal Representation Is Essential
Determining fault in a multi-vehicle accident is rarely straightforward, especially when multiple insurance companies are involved. Each insurer will aim to minimize its client’s liability, often at the expense of injured victims. Without legal representation, you risk being unfairly assigned a higher percentage of fault, which could drastically reduce or eliminate your compensation.
An experienced attorney will gather evidence, consult experts, and build a strong case to challenge unfair claims about your role in the accident. For example, if a texting driver struck you, your attorney could present phone records as evidence of their negligence. Similarly, if another driver was intoxicated, your lawyer might obtain toxicology reports to prove impairment.
Legal representation also ensures that all avenues for compensation are explored. In Massachusetts, drivers can pursue damages through liability insurance, personal injury protection (PIP) coverage, and, in some cases, uninsured motorist claims. A skilled attorney will navigate these options to secure the maximum recovery for your injuries and losses.
Protecting Your Rights After an Accident
If you’ve been injured in an accident, understanding Massachusetts comparative negligence laws is vital to protecting your rights. Acting quickly to gather evidence, file claims, and consult with legal counsel ensures you have the best chance of recovering fair compensation.
In the wake of a multi-vehicle crash, it’s easy to feel overwhelmed by the legal and financial challenges ahead. By working with an experienced attorney, you gain an advocate who will fight to minimize your fault and hold the responsible parties accountable.
Were You Hurt in a Multi-Vehicle Accident?
If you or someone you care about was recently injured in a Boston car accident, the experienced attorneys at Altman & Altman, LLP, can help you pursue a claim against the at-fault party or parties. At Altman & Altman, our dedicated Boston injury lawyers have decades of experience fighting on behalf of accident victims and know what it takes to maximize your recovery. Call us today at 800.481.6199 or contact us through our secure online form to schedule your free consultation. Let us help you secure the compensation you deserve.