Being partly at fault in a pedestrian accident does not always shut the door on compensation. Massachusetts law accepts that more than one party may share blame. If you walked into traffic, missed a signal, or did not use a crosswalk, you may carry some portion of fault. That does not mean you are out of luck when you hire a New Bedford pedestrian accident lawyer.
How Fault Affects Recovery in Massachusetts
Massachusetts follows a comparative negligence system. Each party’s fault is calculated as a percentage. Your compensation will drop by whatever percentage of fault the court assigns you. If you are 30 percent responsible, you lose 30 percent of the damages. Even if your fault is high, you may still get something from a personal injury claim.
Massachusetts does not have a hard cutoff like the 50 percent rule in some other states. Even a person who is 99 percent at fault may recover some damages, but only a small portion.
Key Steps in Determining Fault
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The process starts with gathering evidence such as photos, police reports, medical records, witness statements, and surveillance video.
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Experts may reconstruct the accident to help understand impact, speed, line of sight, traffic signals, and crosswalks.
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Comparative negligence is based on what a jury or insurance adjuster finds from all the evidence.
What a New Bedford Pedestrian Accident Lawyer Can Do
A pedestrian attorney in New Bedford will track down evidence. They will work with experts to show which parts of the fault belong to the other party. They will challenge claims that your actions caused or worsened your injuries.
They will estimate your damages, including medical bills, lost wages, pain, and suffering. They will compare those costs to your percentage of fault. They will push for full compensation.
What You Can Do Even If You Might Be Partly at Fault
You should still talk with a personal injury attorney in New Bedford as soon as possible. Do not admit fault early. Do not give detailed recorded statements until you have legal advice.
Gather your own documentation of the scene if you can. Take photos of vehicles, skid marks, traffic signals, and injuries. Collect contact info of witnesses.
Get medical care even if injuries seem minor. Some injuries show up later. Medical records help prove how badly you were hurt.
Cases Where Partial Fault Matters Most
Here are typical situations that make fault analysis more tricky. They show where a New Bedford personal injury lawyer can make a difference.
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When a pedestrian crosses outside a crosswalk when the traffic signal says Walk
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When the lighting is poor at night
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The driver claims you stepped into the road suddenly
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Sidewalks or signals are broken or blocked
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Vehicle visibility was blocked by landscaping or other obstacles
In those scenarios, the percentage of blame can swing widely depending on the evidence.
Why You Should Not Assume You Cannot Recover Anything
Even if you believe you share blame, you may still be able to recover substantial damages. Courts or juries sometimes assign low percentages of fault to pedestrians.
Insurance companies often settle cases to avoid the high risk of trial. A skilled New Bedford pedestrian accident lawyer can negotiate to reduce your fault percentage or challenge evidence against you.
How Damages Are Reduced
If you win, the court calculates your total damages. Then it reduces that amount by your fault percentage. Say total damages come to $100 000 and you are 20 percent at fault, then your award becomes $80 000.
If your fault is 50 percent or more, you may lose the right to recover in jurisdictions with a 50 percent bar rule. Massachusetts does not use that bar rule.
Choosing a Pedestrian Accident Lawyer in New Bedford
Look for a New Bedford pedestrian accident lawyer who handles pedestrian cases often. Check for trial experience. Ask for past case outcomes. Find someone who explains how comparative negligence works in your case.
Make sure the attorney offers personal attention. Your case should not feel like a number.
Conclusion
A partial fault does not end your claim. Compensation can still be won. New Bedford pedestrian accident lawyer helps in establishing true fault and proving your injury costs. A personal injury attorney in New Bedford can reduce your share of fault. They can maximize your recovery.
You deserve a chance to hold parties responsible who contributed to the accident. Do not delay getting legal help.
