Massachusetts Personal Injury Library
When Is the Other Driver Liable for Your Car Accident Injuries?
One of the most common questions after a car accident is – can the other driver be held liable for my injuries? The answer to this question depends on a number of factors, including whether there was negligence involved in the car crash as well as the cause of the car accident.
Determining Negligence after a Car Accident
If you were seriously injured in a Massachusetts car accident, negligence may have been a contributing factor to the crash. Someone is considered to be negligent when "he or she is at fault and has acted unreasonably under the circumstances in a way that causes harm to another." Basically it means that the person failed to act as an ordinary or reasonable person would in the same situation. In the instance of a car accident, a person can be negligent if he or she reaches for an item in the car and then swerves into another lane, causing an accident, was under the influence of drugs and/or alcohol, was driving recklessly, or other considerations. To be considered negligent does not mean that the driver intended to cause you harm.
Comparative Negligence
There is a legal term known as comparative negligence that becomes important if both parties in the car accident failed to act reasonably. Comparative negligence is a legal defense used that often reduces the amount of damages that a plaintiff can recover when there is a claim of negligence. The damages for a negligence claim are reduced "based upon the degree to which the plaintiff’s own negligence contributed to cause the injury." The jury has to decide the percentage that both parties contributed to the accident. For example, the plaintiff may have been 40% responsible, while the defendant may have been 60% responsible.
Proximate and Intervening Causes
The cause of the car accident is also analyzed to determine who was at fault. There are different types of car accident causes, which include proximate and intervening. A proximate cause is an act that starts a natural and continuous series of events that ultimately cause injury. If the action had not occurred, the injury would have been prevented. Liability for an injury in a car accident depends on the negligent act that resulted in the injury.
An intervening cause is a potential defense used in a car accident case. Basically, if it can be proved that there is an intervening cause, it means there was something that altered the natural and continuous series of events. In this case, the person who caused the initial act may be relieved of responsibility. In order for that person to be held liable, his or her negligent act must have been the proximate cause of the injury, without any intervening causes.
Contacting a Massachusetts Personal Injury Attorney
Car accidents often result in serious or life-threatening injuries to the people riding them. If you, or your loved one, were involved in a traffic collision, you should contact a Boston MA auto accident attorney to find out about your legal options and potential financial compensation.
Call 1-888-208-1695 for a Free Consultation today.
