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Liability in a Massachusetts Accident (Part A)

People often give conflicting accounts about how a car accident happened. As such, a number of factors are taken into account when proving liability in a Massachusetts accident. There are several rules which are used to prove who was legally at fault.

Rules for Proving Liability in a Massachusetts Accident

Most car accidents happen because of the actions of someone who was negligent. Proof of negligence is proof of liability in a Massachusetts accident. Therefore, when someone is found to be liable in a car accident, they are supposed to pay financial compensation for the damages that they've caused.

These can be damages to the other vehicle, injuries to the victim, and other considerations based on the specifics of the accident.

Rules used for proving liability in a Massachusetts accident include:

  • Whether the injured person was somewhere they were not supposed to be, for example, if the victim was trespassing on private property
  • Whether the injured person also acted negligently, under Massachusetts's comparative negligence system, the victim must be less than 51% responsible for the accident to collect damages
  • Whether the person who caused the accident was employed by someone else at the time, if so, the employer may also be legally responsible for the accident
  • Whether the accident occurred on dangerous property that is poorly constructed or maintained, so that the property owner is also liable for the dangerous condition, even if they are a Government entity
  • Whether an accident was caused by a faulty product, so that the manufacturer and seller of the product are also both liable

Any of these factors can affect the amount of compensation a victim may receive.

At this point, it would be in your best interest to consult with an experienced personal injury attorney that specializes in accident liability cases in Massachusetts. It is important that the lawyer has handled these types of cases and that they understand liability in Massachusetts accidents.

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