The following Standards of Fault shall be considered
determinative that an Operator of a Private Passenger Motor Vehicle was more
than 50% at fault for an Accident, unless a showing to the contrary is
demonstrated by the evidence presented in the course of review of the At Fault
with a Person or a Lawfully or Unlawfully Parked Vehicle. The
Operator collides with a person or a lawfully or unlawfully parked
Collision. The Operator collides with the rear section of another
. The Operator, when operating a vehicle which is
partially or completely out of its proper lane, thereafter collides with
(a) while being passed by
the other vehicle, the passing vehicle being in its proper lane; or
(b) while passing the other vehicle, the
other vehicle being in its proper lane; or
(c) while changing or turning into or across
the other vehicle's lane.
Signal. The Operator collides while failing to signal as required
by law before turning or changing lanes.
Failure to Proceed with Due
Caution from a Traffic Control Signal or Sign. The Operator fails
to obey a traffic control signal or sign, or fails to proceed with due caution
from a traffic control signal or sign, and thereafter collides with another
on Wrong Side of Road. The Operator collides with another vehicle
which is moving in the opposite direction on the proper side of the roadway or
Operating in the Wrong Direction. The Operator, when
operating a vehicle in the wrong direction on a travel lane, one-way street, or
highway, thereafter collides with another vehicle.
Collision at an Uncontrolled
. The Operator collides with another vehicle at an
uncontrolled intersection and:
Operator's vehicle entered a main road from a secondary road; or
(b) both vehicles entered the intersection at
the same time, and the Operator's vehicle entered the intersection from the
left of the other vehicle, failing to allow the vehicle on the right to
(c) the Operator's
vehicle entered the intersection at a point in time later than the other
Collision While in the Process of Backing Up. The
Operator is in the process of backing up and thereafter collides with another
While Making a Left Turn or U-turn Across the Travel Path of a Vehicle
Traveling in the Same or Opposite Direction. The Operator, when
operating a vehicle making a left turn or U-turn across the path of travel of
another vehicle moving in the same or the opposite direction, thereafter
collides with that other vehicle.
Leaving or Exiting from a
Parked Position, Parking Lot, Alley or Driveway. The Operator,
when operating a vehicle which is leaving or exiting from a parked position,
parking lot, alley or driveway, thereafter collides with another
Opening Vehicle Door(s). A door of the Operator's vehicle is open,
or is in the process of being opened, resulting in a collision with another
Vehicle Collision. The Operator operates the only vehicle involved
in a collision.
Failure to Obey the Rules and Regulations for Driving.
The Operator violates a specified provision of M.G.L. chs. 85, 89 or 90, or
fails to obey a specified regulation in 350 CMR:Department of
Conservation and Recreation, 540 CMR: Registry of Motor
Vehicles, 720 CMR: Department of Highways or 740 CMR:
Massachusetts Port Authority, and thereafter collides with
Unattended Vehicle Collision. The Operator's vehicle
is left unattended and rolls, resulting in a collision.
Collision While Merging onto
a Highway, or into a Rotary. The Operator, when merging onto a
highway, or into a rotary, thereafter collides with another vehicle already on
the highway, or in the rotary.
Non-contact Operator Causing Collision. The Operator's
vehicle is not in a collision, but the Operator's operation of his or her
vehicle causes the collision of one or more other vehicles.
Failure to Yield the Right
of Way to Emergency Vehicles as is Required by Law. The Operator
fails to yield the right of way to emergency vehicles as is required by M.G.L.
c. 89, §§ 7, 7A and 7C, resulting in a collision.
Collision at a "T"
Intersection. The Operator, coming from a roadway that terminates
onto a throughway, thereafter collides with another vehicle traveling on that