Boston Car Accident Comparative Negligence
If you are in a car accident in Boston, you will need to understand what Boston car accident comparative negligence is, and how you and your attorney can go about proving that the other driver was more negligent.
What Is Comparative Negligence?
Comparative negligence is a tort rule that is used to allocate damages when both parties are deemed to be at least somewhat at fault.
In this situation, the jury or the judge allocates fault based on percentages. Each party is responsible for his or her share of the negligence, and the damages are based on those percentages.
How Does Comparative Negligence Influence Insurance Payments?
Insurance claims are also settled based on Boston car accident comparative negligence. The insurance of the party determined to be more at fault will be required to pay a larger allocated percentage of repairs, medical expenses, and other losses and damages, such as pain and suffering or lost wages.
Can You Seek Damages Even if You Are Partially at Fault?
Because Massachusetts follows comparative negligence laws, in a Boston car accident comparative negligence lawsuit, you can seek compensation even if you are deemed to be partly at fault.
As long as you were found to be the minority party, you can seek damages proportional to the other party’s degree of responsibility in the crash.
Evidence Is Key in Comparative Negligence
Having evidence to support your case is critical to a successful claim against the other driver or an insurance company.
The evidence you gather at the accident scene, in police reports, from medical records, and from eyewitness testimony will help your Boston car accident lawyer clearly demonstrate the negligence of the other driver. This will mitigate the amount of negligence that could be assigned to you.
Will Comparative Negligence Impact My Insurance Rates?
In a Boston car accident comparative negligence case, when you are deemed to be significantly less at fault than the other driver, your lack of fault should help prevent your car insurance rates from being significantly impacted.
On the other hand, if you are not properly represented, you could be found to be significantly more negligent, which certainly will impact your car insurance rates.
A Boston Car Accident Lawyer Can Help
Building a strong case backed by solid evidence and arguments is essential to ensuring the fault in a Boston car accident comparative negligence case is placed where it belongs—on the responsible party.
An experienced Boston car accident attorney from the Law Offices of Joel H. Schwartz can do precisely this. Contact us by calling 617-742-1170 to discuss your case in detail.