How is Fault Determined in Massachusetts Car Accidents? In most cases, the person responsible for causing an accident is liable for damages caused by it. This includes both parties involved in the crash. If you are injured in a car accident, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and even property damage. To determine how much each party is responsible for, insurance companies use fault, which is determined by comparing the percentage of responsibility each party bears for the accident. Fault is usually divided into three categories: contributory, comparative, and sole. The contributory fault is assigned to someone whose actions contributed to the cause of the accident. Comparative fault applies to situations where one party is more negligent than another. Sole fault to instances where no party is found to be at fault. The amount of fault attributed to a particular party depends upon several factors. These include things such as the type and severity of injuries sustained, the age and driving experience of the drivers, and the level of maintenance performed on the vehicle.
