How Is Fault Determined For A Boston Car Accident?

In order for someone to collect a financial settlement for a car accident, it first must be shown that the other driver was at fault.  Sometimes that is easy to do, and sometimes it is harder to do.  These cases come down to negligence.  Negligence means failing to act reasonably in a given situation.

There are many factors that are looked at when deciding who is at fault, or negligent for causing a car accident.  So what is the answer to the question: How is fault determined for a Boston car accident?

If the accident was a rear-end collision then usually, but not always, fault rests with the car that struck the car in front of it.  But if the first car suddenly stopped for no apparent reason, then the rear car in that situation may not be at fault.

For left turn accident cases, fault generally rests with the car making the left, assuming the other car had the right of way to proceed straight.  But, if that car failed to heed a stop sign or traffic light, then the car making the left may not be at fault.

When there is distracted driving involved, such as texting while driving, or other forms of inattention, fault is relatively straightforward.

For cases when one of the drivers was cited by the police in the police report for improper driving, then fault is easier to show.  For other cases where each party blames the other, other factors must be looked at.  Besides the police report, photos of the damage sustained to the cars must be looked at.  Photos of not just the damage to the vehicles, but also photos of the scene of the crash can help establish who is liable.  Also, witness statements can prove quite helpful in determining who is at fault.

Sometimes, both vehicles are deemed to be partially at fault.  As long as one party is not deemed to be more than 50% at fault, and his medical bills are at least $2000, then he may pursue a claim for pain and suffering compensation.  Situations like this involve what is called comparative negligence.

Determinations of fault are needed not just when there are just motor vehicle vs. motor vehicle collisions involved, but also when a motor vehicle strikes a bicyclist or a pedestrian.

The Benefits of Working With A Boston Car Accident Lawyer

These cases can be very complex and require a Boston car accident attorney’s assistance.  By getting to professional legal help you are signaling to the insurance company that you will settle for nothing less than full and fair financial compensation for your car accident case.