Massachusetts’ Fault Status Makes Motorcycle Accidents in Gardner, MA Especially Complicated

by | Jan 4, 2016 | Accident Attorney

What is no-fault and fault? The difference is meaningful for American drivers. Some states do have a no-fault status. This typically means that the insurance company will cover the incident whether their driver was at fault or not. The structure is designed to protect parties who are involved in incidents and focus on repayment over pointing blame. Of course, it does not mean that lawsuits cannot come up resulting from an accident. But, the initial focus is on coverage and payment.

Massachusetts is a fault state and is part of a dying breed in the United States. Under current law, fault means being over 50% responsible for the accident. This brings up an intriguing dynamic. In the state, the one at fault is at a serious disadvantage. Responsibilities are rarely split. For example, a driver at 60% fault may receive penalties and insurance rates that reflect as if they were entirely at fault for the accident.

What are the main consequences of being at-fault? The insurance company is not obligated to pay more than what they deem their responsibility. If their driver is 60% responsible, they only have to pay 60% of the total expenses in the accident. Everything else is under another insurance company, a lawyer, or the other driver.

The consequences for the driver at fault could be an increased insurance rate or a potential lawsuit. The latter is where a lawyer can build a case around Motorcycle Accidents in Gardner MA. Daniel and Fontaine LLC is a vehicle accident law firm in the area that protects motorcyclists. It is reported that motorists are typically more at fault when they are in an accident with a motorcyclist. Not only is it more common for the motorist to be at fault, but they have a greater fault in that accident (usually above 60%).

Motorcycle Accidents in Gardner MA, are entirely too common. So the problem is amplified. On one hand, motorists are more at fault on average. Massachusetts is a fault state, and the insurance only covers a certain portion if that is the case. That leaves a gap for troubling injuries in the roads of Massachusetts. You can also visit them on Twitter for interaction.

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