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Can I File a Claim if I’m Partially Responsible for the Accident? “I was injured in a car accident that might have been partially my fault. Can I still make a claim against the other driver for my injuries?” Determining fault in a car accident is crucial to figuring out how much in damages you may be entitled to. Under Massachusetts law, if you are found to be 50 percent or less at-fault for a car accident, you can recover damages from the other at-fault driver or their insurance company. Determining fault can be tricky. Despite what insurance companies might insist when they quickly deny claims, fault in auto accidents isn’t always clear cut. Several years ago, our firm represented a woman who had been seriously injured after she rear-ended a commercial truck. Because she hit the truck from behind, the insurance company insisted she was completely at-fault and refused to offer her any settlement. However, our team discovered that the accident took place because the truck had stopped abruptly on a major road for no apparent reason. Turns out the truck driver had been lost and stopped to make an illegal U-turn across double solid lines. Despite the insurance company’s initial denial of the claim, we were able to prove our client was less than 50 percent at-fault for the accident, and she was awarded a substantial sum. Insurance companies often deny claims and assign fault outright, but a professional examination of the case can reveal facts that could turn the tide of the case. As for how your percentage of fault may affect your claim for damages, Massachusetts is a comparative negligence state. This means the negligence of both parties during an accident is compared when determining damages. If you are found to be 50 percent or less at-fault, you can recover damages, though how much fault the jury assigns to you will determine how much you receive in damages. For example, if you are found to be 20 percent at-fault for an accident that recovers $100,000 at trial, your award will be reduced by 20 percent. This means the court would award you $80,000. But remember, if the jury finds you to be more than 50 percent at-fault for an accident, you cannot recover anything. If you are ever involved in a car accident, even if you believe you may have been partially at-fault, you owe it to yourself to get a professional assessment on whether your case is worth pursuing. Give us a call at 617.889.5000. We will review the facts of your case for free and give you our opinion on whether or not we can help you.
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Opening Day Hamburgers Local Chef’s Corner Inspired by Saveur Magazine
INGREDIENTS • 1 pound ground chuck, 80 percent lean • 4 soft, white hamburger buns, split • 4 1/4-inch-thick tomato slices • 12–16 pickle rounds
• 4 small leaves iceberg lettuce • 4 1/4-inch-thick yellow onion slices • 1 teaspoon vegetable oil • Salt and pepper, to taste • Condiments of your choice
INSTRUCTIONS 1. Lightly grease a small nonstick skillet with oil. Heat over medium-high. 2. While heating, gently shape meat into four patties 3 1/2 inches in diameter. Be careful to handle the meat as little as possible to prevent tough burgers. Season liberally with salt and pepper. 3. Sear patties on each side, about 1 minute per side. Reduce heat to medium-low and continue cooking until desired doneness, about 1 more minute per side for medium-rare, 2 more per side for medium-well. 4. Let meat rest for a minimum of 3 minutes. 5. To assemble, place patty on bottom bun and top with tomato, pickles, lettuce, and onion (in that order). Spread condiments on top half of bun and place on top of onion. Serve.
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