How Is Fault Determined in a Car Accident in Massachusetts?

So, Massachusetts uses a comparative negligence system, where fault can be shared between multiple parties in an accident.

So, fault determination considers factors like traffic violations, road conditions, weather, vehicle defect, and the actual driver behavior. Evidence, including police reports, witness statements, traffic camera footage, accident reconstruction, and expert testimony.

Insurance companies conduct their own investigations, but their determination isn’t binding on the court. So, that’s something important to remember.

Even if you’re partially at fault for the accident, you can still recover damages, just reduced by the percentage at fault that you might be found. So, as long as you’re not more than 50% at fault for the accident, you have a chance for compensation.