Can I collect damages if an accident is my fault?

On behalf of Aiken and Aiken P.C. Personal Injury Attorneys posted in Car Accidents, on Friday, October 3, 2014

As some Massachusetts drivers may already know, long and exhaustive investigations often follow a traffic accident. For the most part, these investigations are conducted by law enforcement officials, but independent investigators may have cause to probe certain incidents as well. One of the main objectives of these investigations is to determine who, if anyone, was at fault. People who suffered damages in connection with traffic accidents and are considering the idea of pursuing civil action may be particularly interested in this information. When people are found to be responsible for an accident, their insurance providers are obligated to cover the pecuniary losses suffered by others in association with the crash. Additionally, the motorists found to be at fault will in all likelihood experience an increase in their insurance premiums as a consequence. In disputed cases, it may fall upon a civil court to determine which party was responsible for an accident. However, the law also allows for insurance companies to determine fault based on certain circumstances. For example, wrong-way drivers who become involved in collisions are typically assumed to be at fault and, consequently, held responsible for the accident. Oftentimes, insurance agencies attempt to settle claims stemming from a car accident for the lowest amount possible. This may not suffice to cover all the damages suffered by accident victims. For this reason, it is critical that accident victims seek the counsel and representation of a personal injury lawyer following the event. The attorney may advise victims as to the legal recourse available to them in the event that their damages are not fully covered by an insurance agency’s offer. In some cases, a personal injury lawsuit may be warranted. Source: Mass.Gov, “Frequently Asked Questions About At-Fault Accident Surcharges“, Joseph G. Murphy, October 02, 2014