You were driving home on the Pike when someone appeared out of nowhere. They slammed on their brakes, and you didn’t have time to react. The accident is bad, and your injuries are worse, but just because you rear-ended them doesn’t mean it’s all your fault.
Human error causes more than 90% of automobile crashes, and when it comes to a personal injury suit, it can matter which human caused the error. Even though Massachusetts is a no-fault state when it comes to car insurance, getting the money you need to help you with damages stemming from your accident can all come down to responsibility.
You can still pursue a personal injury claim if the car you hit was primarily at fault for the accident:
- No signals: The driver in front might be negligent if their brake lights or signals aren’t operating correctly. If you can’t tell they are stopping, then they could share a chunk of the blame.
- Cut you off: If the other party abruptly cut in front of you and caused you to hit them, there’s a chance the courts will determine that their actions had more to do with the accident than yours.
- Slow speeds: Driving at speeds well below the posted limit can be hazardous. You might quickly come up on someone traveling dangerously slow and find you have limited options to avoid an accident. This could lead to the other driver being at fault.
Sharing the blame
The courts will assign responsibility to both parties, and if your contribution is less than 50%, you can seek damages from the other party. If your claim makes it past the first step, you’ll still likely have to prove the other driver’s negligence caused your accident, and that accident caused your damages.
If your claim meets the requirements, you could be on your way to receiving compensation after rear-ending another car. Make sure your costs from an accident are covered when someone else’s negligence is to blame.