Though the term 'fault' is brandied out quite a bit when discussing culpability in a car accident, the reality is that this term has a legal meaning and it is important to understand the concept in order to figure out legal liability and compensation in a personal injury suit.
In Massachusetts, a party is considered at fault for a car accident if their driving behavior is said to contribute to more than 50 percent of the accident. That means if someone is found to be 51 percent or more responsible for the crash, they can be considered to be at fault and have to compensate the accident victim.
There are also certain accidents for which an operator is presumed to be at fault. This means the driver is considered to be more than 51 percent responsible for causing the crash if they have rear-ended another vehicle, if they have hit a parked vehicle, if they were partially or completely out of their proper lane and collided with another car while passing or changing lanes, if they have failed to signal before turning or changing lanes or if the driver fails to proceed with caution. There are also other instances in which a driver will be presumed to be at fault, but the ultimate decision of determining fault remains with the court.
Getting compensation for medical expenses from a driver who is at fault for causing one's car accident can be tricky, especially if the other driver's insurance company refuses to cover them. In this scenario, an accident victim often becomes the pawn in a complicated game and is unable to focus on their recovery. It may be beneficial to consult an experienced attorney to discuss possible options for receiving compensation after a car accident.