How MA’s 51 Percent Rule Impacts Your Car Accident Settlement

After a car accident, one of the most critical factors influencing your case is determining “fault.” Massachusetts follows the 51 Percent Rule, a legal guideline that directly affects your ability to recover compensation based on your percentage of fault. This rule can have a significant impact on your car accident settlement, making it essential to understand how it works and how an experienced attorney can help.

What Is the MA 51 Percent Rule?

The MA 51 Percent Rule is Massachusetts’ version of a modified comparative negligence standard. Under this rule, if you are found to be 51% or more at fault for an accident, you are barred from recovering any damages. However, if you are 50% or less at fault, you can still pursue compensation, though your total settlement will be reduced by your percentage of fault.

For instance, if you were awarded $80,000 in damages but are found to be 30% at fault, your compensation would be reduced by 30% to $56,000. This highlights the importance of minimizing your fault percentage in any car accident claim.

How Fault Affects Your Car Accident Claim

Fault directly affects how much compensation you may be entitled to under the MA 51 Percent Rule. Insurance companies often try to attribute as much fault as possible to the injured party to lower their payout. Without proper legal representation, you might end up with far less compensation than you deserve.

Key Factors Used to Determine Fault:

1. Police Reports: These provide an official account of the accident, including any citations issued, witness statements, or law violations.
2. Physical Evidence: Photos, videos, and damage to vehicles can help establish fault.
3. Witness Testimony: Statements from third parties can provide additional clarity on how the accident occurred.

Properly navigating these fault-determining factors requires the help of a skilled attorney. At Facchini & Facchini, P.C., we utilize our 25+ years of experience to thoroughly investigate your case and fight for your rights.

Why You Need a Lawyer for Fault-Related Cases

The MA 51 Percent Rule adds an extra layer of complexity to car accident cases. Successfully proving that the other party was primarily at fault is critical to ensuring you’re eligible for compensation. This is why hiring an experienced attorney is so important.

Here’s how an attorney helps:

• Thorough Investigations: Collecting evidence, speaking with witnesses, and analyzing police reports to accurately establish fault.
• Insurance Negotiations: Insurance companies are often aggressive, but a seasoned lawyer will advocate on your behalf to secure a fair settlement.
• Court Representation: If necessary, your attorney will represent you in court to fight for the compensation you deserve.

If you’ve been involved in a car accident, Facchini & Facchini, P.C. can provide the legal support you need to build a strong case and pursue maximum compensation.

Steps to Take After a Car Accident in Massachusetts

Knowing what to do immediately following a car accident will strengthen your chances of success under the MA 51 Percent Rule. Here are the steps to take:

1. Contact Law Enforcement: A police report can be valuable evidence.
2. Document the Scene: Take photos of the accident, including vehicle damage, road conditions, and injuries.
3. Seek Medical Attention: Some injuries, like whiplash or internal damage, may not be immediately apparent.
4. Communicate Sparingly: Avoid admitting fault or making statements that could be misconstrued by insurers.
5. Call an Attorney: Early legal counsel can help prevent mistakes and protect your rights.

At Facchini & Facchini, P.C., we are here to guide you through this challenging process and ensure your interests are protected every step of the way.

Trust Facchini & Facchini, P.C. To Protect Your Rights

Dealing with the aftermath of a car accident is already stressful. Adding the complexities of the MA 51 Percent Rule can make the process even more daunting. That’s why you need a trusted legal team to handle the legalities while you focus on recovering. We take the time to understand your unique situation and build a tailored strategy for success.

Don’t risk losing your chance for fair compensation. Contact us today for a free consultation. At Facchini & Facchini, P.C., we’ll fight tirelessly to help you achieve the best possible outcome.