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Who is at Fault

Personal Injury Lawyers Experienced in Assessing Liability in Boston Motor Vehicle Accidents

The importance of determining fault

Assessing who is at fault in a car accident is both an art and a science. The science comes from evidence — understanding how time, speed and distance results can prove the severity of an impact and knowing how to assess the many conditions that cause car accidents. The art comes from understanding the nuances of the law in Massachusetts and knowing how to negotiate your settlement or, if necessary, take your case to court.

Determining fault is important to your case because, among other things, any recovery will be reduced by your percentage fault for your accident.  If it can be proven that you were more than 50 percent responsible for the accident, under Massachusetts’ modified comparative negligence law, you are completely barred from any recovery.   At the very least, this could cause an increase in your insurance premiums.  At the worst, it gives the insurance company leverage in minimizing your compensation.

At Swartz & Lynch LLP in Boston, we obtain the best possible compensation for our car accident clients by knowing how to determine who is at fault in a car accident. It has helped us recover the damages our clients need — and deserve.

Who pays for your injuries?

The person who pays for the harm he or she has done is the negligent driver. By law, anybody who owns or operates a motor vehicle in Massachusetts is required to have liability insurance. Unfortunately, not everybody abides by this law. If you are injured by a driver with no insurance, you may make a claim against your own insurance if you do not carry uninsured or underinsured motorist (UM/UIM) coverage.

If you were hit by someone who was clearly at fault — someone who was in violation of traffic regulations or a distracted driver who was texting or using a hand-held mobile phone — your case may be more clear cut. As your personal injury lawyers, we make sure that we gather all the evidence to build a compelling case on your behalf.

It costs you nothing to learn more about how we can help you obtain compensation for your Boston car accident

Schedule a free consultation with our attorneys at Swartz & Lynch LLP to find out how we may be able to help you. To set up a time to meet with one of our skilled lawyers, please contact an injury lawyer online or call us at 857-250-0664. All cases are taken on contingency.

Awards & Accolades
Verdicts & Settlements
  • $26.5 Million

    Negligent Hiring Resulting in Death

  • $9 Million

    Negligent Maintenance of Commercial Truck Tire Causing Blow Out / Motor Vehicle Accident

  • $7.375 Million

    Single Vehicle Accident / Amputee

  • $5.2 Million

    Defective Roadway / Barrier Device

  • $4 Million

    Motor Vehicle Accident / Pedestrian / Loss of Limb

  • $3.5 Million

    Surgical Error

  • $3.2 Million

    Flammable Hair Product

  • $2.8 Million

    Defective Smoke Alarm

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