Car accidents are way more complicated than they may seem. Some people want to blame just one person, but the truth is that both drivers can contribute to the collision.
In such cases, drivers share responsibility, which creates an important question — what rights do drivers have when they’re partly at fault? The answer depends on where the accident occurs since different states have different approaches to handling shared fault car accidents.
We’ll explore different types of accident fault systems in the United States and explain what happens if both drivers are at fault in an accident in MA.
How Fault Is Determined in a Car Accident in Massachusetts
Getting into a car crash is stressful. Figuring out what to do after a car accident and who’s to blame can also present its own difficulties. Insurance adjusters and courts consider many pieces of proof to decide who caused the car accident. Here’s the core evidence that serves to uncover the truth:
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Police reports
An official accident report includes statements from the drivers and any witnesses present. Police officers also record any traffic violations.
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Signs of traffic law violation
If a driver breaks the rules of the road, that’s a strong sign they might be at fault.
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Physical evidence
Skid marks on the road, damage patterns on the vehicles, and debris also help illustrate how the car accident occurred.
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Witness statements
Witnesses of the car accident can share valuable information. Their accounts are usually unbiased, which gives them much weight.
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Video footage
Many intersections are equipped with traffic cameras. Nearby buildings might have security cameras, too. Video footage is a great way to demonstrate what exactly happened during the auto accident.
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Driver statements
The statements each driver provides about the accident are significant, too. Both your and other driver’s insurance company evaluates these claims against other available evidence.
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Car maintenance records
If poor maintenance, like faulty brakes, caused a car accident, that can impact the degree of fault.
An experienced car accident lawyer in Massachusetts can help you collect the proof you need, especially when a fault isn’t always 100% on one driver. Many states use “negligence” rules, and that’s what we’re going to discuss further in the article.
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Liability in Shared Fault Car Accident
Many states recognize that accidents aren’t always simple cases of right and wrong. Therefore, they have established comparative negligence systems, which are basically rules that allow fault to be divided among drivers.
These negligence systems directly impact the amount of compensation drivers can recover after a collision. They work differently, which can dramatically change the outcome of similar accidents.
In our next sections, we’ll explore these types of negligence systems across states and examine exactly how this system works in Massachusetts.
Modified Comparative Negligence System in Massachusetts
Massachusetts follows a no-fault system for personal injury claims through PIP insurance but applies modified comparative negligence rules for liability claims involving pain and suffering or property damage.
It means you can still get paid if you’re partly to blame for a car accident. You can claim damages if you’re 50% or less at fault, but your payout gets lower based on the fault degree. Once you hit this 51% mark, you’re not entitled to financial compensation.
For example, if your car accident costs $10,000 and you’re found to be 30% at fault in a car wreck, you’d get $7,000 after the deduction. But if it turns out you’re 51% at fault, you get nothing, even if your damages are substantial. Reputable Massachusetts car accident lawyers can help you clarify your rights in your personal injury case.
This system has both advantages and disadvantages. It protects drivers who make minor mistakes while still allowing them to recover compensation. On the downside, the 51% rule can lead to tough situations since a tiny difference in fault can greatly change your potential payout.
Comparative Negligence
Some states believe you should get paid after a car accident, even if it’s mostly your fault. Thanks to pure comparative negligence, drivers can still secure compensation, no matter how much blame they carry.
This system is about simple mathematics. Your compensation is reduced by your exact percentage of fault. So, if your damages are $10,000 and you’re 80% to blame, you’d still receive $2,000. And if you’re 90% at fault, you’d get $1,000.
Pure comparative negligence allows drivers to seek compensation in scenarios that might prevent them from doing so in other states. For example, a driver who goes through a red light could still obtain some compensation if the other motorist was found to be speeding.
Supporters of this system appreciate it for its fairness and simplicity. They argue that everyone makes mistakes, and completely denying compensation may be unjust. This approach also minimizes disputes in court regarding precise fault percentages, as specific thresholds don’t eliminate compensation entirely.
However, some critics are concerned that it’s not fair for those who are significantly negligent to receive any form of compensation.
Contributory Negligence
Under contributory negligence, there’s one big rule: if you’re even a tiny bit at fault for a car accident, you can’t receive anything. Only four states still continue to use contributory negligence: Alabama, Maryland, North Carolina, and Virginia.
The good thing about this system, however, is that it motivates people to drive carefully since any fault means no compensation.
However, some critics argue that almost every car accident involves some degree of blame from both parties. Just a moment’s distraction or a little slow reaction — under contributory negligence, these tiny issues can cost victims everything.
Moreover, the system places a great deal of pressure on car accident participants. Drivers are required to demonstrate that they were completely and unequivocally innocent of any fault.
What Are the Types of Shared Fault Car Accidents?
Even in cases that seem obvious at first, a further investigation may reveal that multiple people share some blame. Recent car accident statistics show the different types of accidents that took place in Massachusetts in 2024. Below, we break down the most common types of crashes and analyze how separate drivers can split the blame in each scenario:
- Rear-end collisions: Normally, the driver in the back gets most of the blame, but the front driver can be partially responsible, too. If the front driver hits the brakes unexpectedly, they play a part in the car accident.
- Intersection crashes: These collisions are tricky because they often involve factors like traffic signal timing, turn signal use, and right-of-way rules. One driver might run a yellow light while another turns left without proper visibility.
- Head-on collisions: One driver might drift into oncoming traffic, but the other driver’s reaction time, lane position, or ability to dodge the obstacle could affect the blame percentage.
- Cross-lane incidents: When cars switch lanes, many factors come into play regarding blame. Even if one driver changes lanes in a risky way, the other driver’s speed, focus, and location in their lane also count.
- Side-impact car accidents: These happen when one car hits another on the side. Blame can get split if one driver doesn’t yield properly while the other speeds or fails to look for oncoming traffic.
- Multi-car crashes: Many of the accidents mentioned above can turn into multi-car events, which makes it only more complicated to figure out who’s to blame. A rear-end crash can set off a chain reaction, or a car accident at an intersection might involve cars making turns and others crossing.
Contact a Car Accident Lawyer for a FREE Consultation Today!
Michael Kelly Injury Lawyers help Massachusetts drivers get fair compensation. Even if you share some responsibility, you might still receive payment for your losses. We have the expertise to present your car accident claim effectively.
When it comes to more serious collisions and legal proceedings, our firm pursues more than just compensation for medical bills. You may also be entitled to recovery for pain, suffering, and emotional distress. These damages can add up to significant amounts.
Let us help you understand your legal options. You can contact our team anytime for a free case evaluation. We’ll review your car accident case and explain exactly how we can assist you to achieve a fair settlement.
