Car accidents typically involve a driver engaging in risky behavior, such as reckless driving or speeding. If a car accident results in injuries, they may be able to receive compensation, even if they were partially at fault.
Common misconception in receiving compensation
Most drivers might assume that if they are partly to blame for an accident, they cannot receive any compensation at all. In many states, like Massachusetts, it is possible to receive compensation for their injuries and any damages to their vehicle. This is so even if they contributed to causing the accident.
However, the court determines the amount of compensation they receive based on their percentage of fault.
Modified comparative negligence
A Massachusetts court judges drivers based on the modified comparative negligence rule. This rule allows drivers to receive payment in car accidents. So, if a driver is less than 51% at fault for the accident, they may still receive compensation to cover medical expenses, lost wages and other damages. However, the courts will reduce compensation in proportion to fault. For instance, if a driver was 30% at fault, the court may reduce their compensation by 30%.
On the other hand, if a driver is found to be more than 51% at fault for an accident, they may not be eligible for compensation for their injuries and damages.
Car accidents that result in physical injuries may prevent drivers from working and earning wages. Fortunately, the modified comparative negligence rule can help protect their rights and provide them with the assistance they need. Injured drivers may find accidents challenging to deal with. But there are resources available to help them deal with the aftermath of the crash.