When it comes to proving negligence in Massachusetts, there are a number of elements that must be taken into consideration. If you have been in a Massachusetts car accident you may have a lot of questions concerning how negligence is proven and how that factors into your particular case.
Proving Negligence in Massachusetts
There are some general factors used in proving negligence in Massachusetts, such as:
• Legal liability must be determined
• The number of people involved in the accident
• The amount of fault on behalf of the accident victim
In any accident case, someone is legally liable for damages. The basic rule is that if one party involved in an accident was 51% responsible for that accident, they may be held liable for paying for at least a portion of the damages incurred, as dictated by Massachusetts' comparative negligence law.
The number of people involved in the accident is another important factor used in proving negligence in Massachusetts. If one liable person is not insured but another one is, you will want to make your claim against the insured person. In any case, even if all parties involved are insured, a claim can only be made with one insurance carrier.
Possible Outcomes in Proving Negligence in Massachusetts
There are a few possible outcomes for proving negligence, dependent upon the following factors:
• Duty - The defendant is obligated to act in a certain manner toward the plaintiff, including driving with care and following all traffic laws.
• Breach of Duty - Failure to exercise reasonable care in fulfilling the duty. If the defendant did not follow required traffic laws, they breached their duty to the plaintiff by driving recklessly.
• Cause in Fact - Injuries to the plaintiff would not have occurred without the defendant's actions. This means your injuries were a direct result of that accident.
• Proximate Cause - Dependent on whether or not a defendant was able to foresee the risks involved that caused the accident. For example, if the defendant was driving under the influence of alcohol, they were aware that driving in that condition was a risk to others.
• Damages - Failure to exercise reasonable care must have resulted in actual damages to the plaintiff. This means you were injured as a result of the defendant's negligence, i.e. - they were driving unsafely, violating traffic laws, and that negligence resulted in your accident injuries.
With so many factors and laws involved in a case of negligence it is in your best interest to consult with a qualified Massachusetts personal injury attorney who can help you determine who is liable for your injuries and help you build a personal injury claim.
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