Proving Fault In Car Accidents

Determining who was at fault in a car accident is an important part of your legal case, as it affects the amount of money insurance companies are obligated to pay you in damages.

At The Law Offices of Joseph J. Cariglia, P.C., in Worcester, Massachusetts, our lawyers have extensive experience collecting and preserving evidence to help maximize your damage claim. Our attorneys will work hard to hold the negligent party and his or her insurance company accountable for everything you have lost. Call our law firm today at 866-491-6561 to schedule a free initial consultation.

How Fault Is Determined?

In certain situations, the accident report will provide insurance companies with enough information to determine who was at fault for certain types of accidents. For example:

  • The driver of a car that rear-ends you is presumed to be at fault, unless you stopped for no reason.
  • The driver of a car going the wrong way in traffic is presumed to be at fault.
  • The driver of a car that fails to obey a stop sign, traffic light or other traffic control device is presumed to be at fault.

Even if the other side does not dispute fault initially, it is important to collect evidence such as photographs of the accident scene and statements from witnesses. The driver or his or her insurer may later attempt to shift blame to you. When there is a dispute, Massachusetts courts will ultimately determine who was at fault for an accident.

Some vehicles are equipped with computers and GPS devices that can determine what maneuvers a driver performed in the moments before a crash. Cellphone records can determine if a driver was distracted at the time of the accident. Our lawyers can hire accident reconstruction experts to present a persuasive evidence of who was at fault.

What If Both Drivers Were Partly At Fault?

Your recovery from a motor vehicle accident can be reduced by any percentage of fault that is assigned to you. As a result, many insurance companies will try to shift as much fault to you as possible to reduce the amount they are obligated to pay.

For example, even if another vehicle made a left-hand turn in front of you at an intersection, the insurance company could assign a percentage of the blame to you. As a result, you should never discuss fault with the other driver's insurance company. Our lawyers will speak to the insurance company for you and protect your interests.

We Will Fight For Full Compensation After A Car Accident

Our attorneys know the state laws that determine fault in car accidents. Call our firm today at 866-491-6561 or contact us online to schedule your free initial consultation.