![]() Under Massachusetts 211 CMR: Division of Insurance, Section 74.04, there is a list of circumstances when a vehicle operator’s fault is presumed to be greater than 50 percent. When you sue their clients, they will make use of the section of Massachusetts law that says if you are more than 50 percent at fault for the accident, you recover nothing. Insurance companies try to pay out as little as possible. However, when a negligent driver, such as someone failing to use their turn signal, collides with your vehicle and causes you or your passengers’ serious injury or permanent dysfunction or disfigurement, you will probably need to recover damages from the other driver. ![]() No matter who is at fault in an accident, your insurance company will usually cover a portion of your expenses. In terms of motor vehicle insurance law, Massachusetts is a no-fault state. If the lights aren’t working, then the driver must use one of three hand signals to indicate their intentions to other drivers. Under the statute, a plainly visible signal includes activating the brake lights or directional signal on the vehicle. And nearly half of all drivers don’t use their turn signals correctly.Īccording to the Commonwealth of Massachusetts General Laws, Part I, Title XIV, Chapter 90, Section 14B, motorists are required to give a ‘plainly visible’ signal before stopping or making any turning maneuver that would affect the operation of another vehicle. Somewhat alarmingly, the SAE found that drivers neglected to use their turn signals 48 percent of the time. Department of Transportation said around the same time that distracted drivers caused around 950,000 accidents every year. In 2012, MSNBC reported that, according to the Society of Automotive Engineers, drivers failing to use their turn signal cause more road traffic accidents than people driving while distracted. If you sideswipe, center-punch, or rear-end someone who makes a sudden move in their vehicle while failing to use their turn signal, are you at fault? The short answer is, maybe the long answer is, it’s complicated.
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