A traffic accident can be a frightening situation. When there is a car accident, there are important matters that you should attend to. It is also a wise decision to contact a lawyer to help assess the situation.
A Death in Sturbridge
Although the story is a sad tale that involves the death of an older woman, it is important to relay information that can help you if you are the victim of a car accident. First, it is important to note that the two people who survived the accident had worn their seat belts while the person who died did not use a safety belt to protect herself. In the accident, a 58 year-old woman was killed in Sturbridge, Massachusetts in the Fiskdale neighborhood when her Ford Fusion crossed a double solid yellow line and crashed into a Chevrolet pickup truck.
Assessing Fault in a Car Accident
When there is a car collision in the state of Massachusetts, if it goes to trial, the courts must decide which parties were responsible for the accident and to what degree each party is culpable; the courts must determine which parties were “at-fault.” Insurance companies also use the at-fault definition when trying to determine responsibility for a traffic accident. Massachusetts law (211 CMR 74.00) explicitly addresses the types of accidents in which an insurance company can establish the fault of a party in a collision. If you are involved in a type of accident that is not listed within the guidelines, you should seek an attorney to dispute the insurance company’s ruling. While people are able to present their claim without the representation of a lawyer, the insurance companies have great resources and will utilize these resources to win their claim. Having an attorney will ensure that you receive the best advice possible when attempting to demonstrate that you were not at fault for a car accident.
Per the Massachusetts Division of Insurance, if the car accident proves to be a complex case, it is usually the court that will decide the fault of the respective parties. In this case, it is telling that the article mentions that the lady crossed a double solid yellow line. As crossing a double solid yellow line is only permissible in certain instances, the presumption would be that she has greater culpability for the crash.
If your insurance company declares that you are at-fault in a car accident and you do not believe this declaration to be accurate, you have the opportunity to appeal the insurer’s decision to the Board of Appeal at the Division of Insurance provided that you file an appeal within 30 days of the date on the at-fault notice.
If you are involved in a car accident, you should immediately seek the assistance of an attorney. The Sheehan Law Farm has a strong and credible reputation in matters concerning motor accidents. If you live in Massachusetts, contact the Sheehan Law Firm today.