Not every car accident has a single at-fault driver. Sometimes, both parties contribute to the crash in different ways. Massachusetts has specific rules for these situations, and knowing how they apply to your case is an important first step.
What factors determine fault?
Several factors shape how courts divide fault. Insurance companies and courts examine traffic violations, road conditions, driver behavior and witness statements. Police reports and available traffic camera footage also carry significant weight in these determinations.
What is the 51% threshold?
Massachusetts follows a rule called modified comparative negligence. The state sets a clear limit on shared fault cases. If your share of fault is 51% or more than the other party, you cannot recover any compensation. Those with a fault share of 50% or below remain eligible for compensation. However, your assigned fault level will directly reduce the amount you receive.
How does fault percentage affect your compensation?
Here is a clear example. Say your total damages amount to $100,000. If the court assigns you 30% of the fault, your compensation reduces to $70,000. The higher your percentage of fault, the lower your final recovery amount.
Can no-fault insurance limit compensation?
Massachusetts is among the states that apply no-fault insurance rules. Your own insurer covers initial medical expenses and lost wages under Personal Injury Protection (PIP) even if you were partially at fault.
To pursue non-economic damages such as pain and suffering, your medical expenses must surpass $2,000 or your injury must involve a fracture, loss of a body part or permanent disfigurement. Once that threshold is met, shared fault directly affects your recovery amount.
What evidence can support your case?
Strong evidence can help establish what happened and challenge an unfair assessment of fault. Depending on the circumstances, useful evidence may include:
- Medical records documenting your injuries
- Statements from treating professionals about injury impact
- Records of all treatment costs and related expenses
- Dashcam footage of the collision
- Cell phone records showing signs of distracted driving
Having documentation of the other driver’s negligence and your losses can help support your claim during insurance negotiations or in court.
Protecting your right to compensation after a car accident
Shared fault in a car accident does not mean the end of a personal injury claim. Massachusetts law still gives you a path to compensation, as long as your share of fault stays at or below 50%. Understanding the rules that apply to your case can help protect what you are owed.
