What if two or more people are at fault for the same accident?

When two or more people are at fault for the same car accident in Massachusetts, it is known as “joint and several liability”. This means that each person who was at fault is liable for the entire amount of damages, injuries, and losses that were caused by the accident. This means that the injured party can seek compensation from any of the at-fault parties, rather than all of them. Each at-fault party can then seek reimbursement from the other at-fault parties themselves. In Massachusetts, the law allows for a certain degree of apportionment of fault. This means that the courts will look at the circumstances and determine the degree of fault for each party. For example, if one party was driving at an excessive speed while the other was running a red light, the court may assign a greater percentage of fault to the one driving at excessive speed than to the one running the red light. But if both parties were at fault for the same accident, then they are both liable for the entire amount of damages, regardless of their degree of fault. In some cases, an injured party may choose to pursue a claim with only one of the at-fault parties, depending on the circumstances, although they can seek to recover the full amount of damages from any of the at-fault parties. Additionally, Massachusetts courts may also reduce certain damages if an injured person has contributed to the accident. Ultimately, when two or more people are at fault for the same accident, all at-fault parties are liable and the injured party can seek compensation from any of them. Massachusetts law allows for apportionment of fault, but ultimately the amount of damages is still the same regardless of the percentages of fault assigned to each at-fault party.

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