Being involved in a motor vehicle accident can be stressful, especially if you are uncertain if the other driver will be held responsible and at-fault for the accident. In this blog, we will explain how fault in a car accident is typically determined under Massachusetts law when there are property damage claims, which have different rules than in lawsuits for motor vehicle accidents.
When is a driver at fault?
For purposes of a property damage insurance claim involving non-commercial vehicles, a driver can be determined to be “at fault” if:
The driver is more than 50% at fault according to the Massachusetts Standards of Fault (see below); and
The accident involves a claim payment of more than $1000, in excess of any deductible.
Who Determines if a Driver is At Fault?
When assessing fault for purposes of vehicle damage claims, insurance companies must use the Massachusetts Standards of Fault to determine whether a driver is more than 50% at fault for the motor vehicle collision.
What are the Massachusetts Standards of Fault?
The Massachusetts Standards of Fault lists a series of circumstances where a driver’s fault can be presumed to be more than 50%, including:
Collisions with parked vehicles. If the operator of a vehicle collides with a parked car, then the operator is more than 50% at fault.
Rear End Collision. If a driver of a vehicle collides into the rear section of another vehicle, then the driver is more than 50% at fault.
Out of Lane Collisions. A driver is more than 50% at fault if the vehicle they are operating is partially or completely out of its proper lane and collides with another vehicle.
Failure to Signal. An operator of a vehicle is more than 50% at fault when they fail to signal before turning or changing lanes.
Collision on Wrong Side of Road. A driver is more than 50% at fault if they collide into a vehicle that is driving in the opposite direction on the proper side of the road or center line.
Collision While in the Process of Backing Up. The operator of a vehicle is more than 50% at fault when they are backing up and collide into another vehicle.
Opened or Opening Vehicle Door(s). The driver of a car is more than 50% at fault when they open or have opened a car door(s) that causes a collision with another car.
Collision While Merging onto a Highway, or into a Rotary. The operator of a vehicle is more than 50% at fault when they are attempting to merge onto a highway or into a rotary while there is another vehicle already on the highway or in the rotary and as a result, causes a collision.
Of course, determining who is “at fault” in a civil lawsuit stemming from a car accident uses very different criteria and standards. It is not uncommon for insurance companies to claim their insured was not at fault after admitting fault in property damage claims. The results of insurance company determinations of who is “at fault”, however, can be helpful in forcing insurance companies to accept that their insured was the negligent driver.
The attorneys at Sugarman and Sugarman, P.C. have decades of experience handling motor vehicle accident claims. If you or a loved one has been injured in a car accident, you may be able to make a claim for damages. If you wish to speak to a SUGARMAN attorney about your potential claim, please fill out a Contact Form, call us at (617) 542-1000, or email us at .
