Can I get a settlement even if I was partially at fault?
Yes, you can get a settlement even if you were partially at fault for a car accident in Massachusetts. This is because the state follows a legal system of negligence. Negligence means that a person’s actions caused an injury to another person, regardless of fault. In Massachusetts, if an injured person is found to be less than 50 percent at fault for the accident, they can still seek a settlement from the other at-fault party or their insurance company. In Massachusetts, if an accident is determined to be 50/50, or an equal split of fault between the parties involved, then the injured person cannot recover any damages from the other party. Therefore, it is beneficial to the injured party to prove their degree of fault was less than 50 percent. Furthermore, Massachusetts is a comparative fault state. This means that even if some degree of fault lies with the injured party, they can still receive compensation from the other at-fault party, but the amount of settlement will be reduced according to the degree of fault. For example, if the injured party is found to be 20 percent at fault for the accident, then they will only receive 80 percent of the total compensation. In Massachusetts, there are two general rules for determining fault in a car accident: 1) following the rules of the road, and 2) exercising reasonable care. If both parties followed the rules of the road and used reasonable care, the courts may decide that the accident happened as a result of both parties acting negligently. Ultimately, an injured person can still receive a settlement even if they are found to be partially at fault for a car accident in Massachusetts. The amount of settlement they receive, however, may be affected by their degree of fault and the comparative fault doctrine.
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