Being in a car Accident, no matter how minor it might be, can be traumatic for most people. Facing a car accident lawsuit, in addition, can make the situation more stressful and you might end up making costly mistakes. It’s therefore important to know what to do if you are sued after a car accident in Worcester so as to protect your legal rights.

A Worcester auto accident lawyer can help you with your case. At Kevin P Landry Law Offices, we offer free legal consultation and we can discuss key issues in your case. But first, let’s look at some of the information that you should be aware of if you get served with a car accident lawsuit.

How Can They Prove the Car Accident Was Your Fault?

Massachusettsmaintains PIP coverage and it is not a fault state. This means that if you get into a car accident, the other driver can file a car accident lawsuit against you.

There are a few elements that the other driver must prove to establish that you were at fault and they include:

• Duty of care. All drivers while on the road are expected to take reasonable actions to prevent accidents.
• You breached your duty of care. The other driver can prove the actions or inactions that you made while driving
• Causation. Your actions or inactions directly resulted in the car accident which caused the other driver’s injuries
• They incurred damages. This includes pain and suffering, medical bills, property damage, lost wages, etc.

Some of the evidence collected to support their claim includes:

• Police report
• Video footage
• Photos
• Medical records
• Expert witness testimony
• Witness statements

Their Worcester auto accident lawyer will do everything they can to prove that you were the main cause of the accident. Avoid making statements to counter what the lawyer presents or giving out your own version of what happened without consulting an experienced lawyer.

What If The Accident Was Partly Your Fault?

Massachusetts is a shared fault state. This means you can respond to the other driver’s lawsuit by claiming they were also partly at fault. The state has what’s known as a “comparative” rule which means that the amount of damages the other driver can recover if they are partly at fault will be reduced by the percentage that they are at fault.

For example, if at the trial they are determined to be 20% at fault, and you were at 80% at fault, their compensation will be reduced by 20% and yours by 80%. If the total damages calculated was $20, 000, the other driver will receive $16, 000 after deducting 20% from the initial amount. On the other hand, you will only be able to recover 20% of the total damages since you were 80% at fault.

Establishing what percentage you were at fault is tricky and an experienced auto accident lawyer in Worcester will do everything possible to minimize your share of the blame.

How to Protect Your Rights After a Car Accident in Worcester

Do’s

• Take the other driver’s information
• Take pictures and videos of the accident scene and of your injuries
• Call 911 if anyone has been injured
• Check if the other driver and car occupants are injured
• Notify your insurer of the accident
• Get medical attention even if your injuries are not apparent

Donts

• Don’t admit fault
• Don’t leave the scene of the accident
• Don’t speak to the other driver’s insurer without your Worcester auto accident lawyer present
• Don’t agree to settle with the other driver without proper advice from your lawyer
• Don’t neglect to hire an auto accident attorney

Defenses You Can Use If You Are Facing a Car Accident Lawsuit in Worcester

Just like the other driver can collect evidence to prove that you were at fault, there are also a number of ways that you can defend your case. Some of the defenses yu can use include:

• The injuries they sustained were not from the accident
• They were the cause of the accident
• Their injuries are not as severe as they claim they are
• They did not get medical attention in good time
• The statute of limitations expired

A good Worcester auto accident lawyer will be able to identify the best way to build your defense against the lawsuit.