If you have been injured in an accident in Massachusetts, whether it’s in a car accident, a slip and fall, or any other type of accident you may wonder how your own actions may affect your right to recover compensation. Massachusetts uses a legal concept called comparative negligence which helps to determine the amount of compensation recoverable by the parties involved in the accident. Under this rule, even if you were partly at fault, you might still be entitled to claim compensation for your injuries, but the amount you receive will depend on your percentage of fault.
Massachusetts’ modified comparative negligence rule
Massachusetts follows what is referred to as a modified comparative negligence. This rule can be located in Massachusetts General Laws Chapter 231, Section 85, which states that someone who has been injured can recover damages as long as their negligence does not exceed that of the defendant. Put simply, if you were 50% or less at fault, you can still recover damages but your total claim will be reduced by your % of fault. If you were 51% or more responsible, you will not be able to recover any compensation. This approach is often called the “51% bar rule.” Its aim is to ensure fairness if both sides are partly to blame, as each pays their percentage share of the damages.
How the determination of fault impacts your compensation
This is an example of how the rule works:
If you were awarded $100,000 in damages following a car accident, but the court decides you were 25% at fault because you were speeding slightly, the amount you will receive would be reduced by 25%, leaving you with $75,000. If the jury found you were 51% at fault, you would not be entitled to any compensation at all under Massachusetts law.
Determining fault in Massachusetts personal injury cases
Assigning fault is never a simple matter, so the courts and insurers evaluate all the evidence surrounding the accident so that each party’s share of responsibility can be accurately determined.
They may consider any or all of the following evidence:
- police reports;
- medical records that specifically connect your injuries to the accident;
- witness statements that describe how the accident took place;
- testimonies from experts, such as those who specialize in accident reconstruction ;
- surveillance camera footage, photographs and videos;
Common examples of comparative negligence in action
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Car accident
Two drivers crash into one another at an intersection due to one running a red light and the other driver is speeding. The court finds the red-light driver at fault by 70% while the driver who was speeding is 30% at fault. In this case the driver found to be speeding can recover 70 % of their damages, but the red light runner is not entitled to anything because he or she was more than 50% at fault.
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Slip and fall accident
A grocery store customer slips on a wet, slippery floor. The store had failed to remove the spill promptly, but the customer was at the time distracted by their cell phone. A court finds the store 80% responsible, while the customer was 20% responsible. As a result, the customer’s personal injury claim would be reduced by 20%.
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Pedestrian or bicycle accident
A pedestrian decides to cross the street outside a crosswalk and as a result is struck by a speeding driver. Even though the pedestrian wasn’t within the crosswalk, the driver’s speeding may in the eyes of the law be seen as primarily responsible. The pedestrian’s damages would be reduced based on their percentage share of fault, but recovery may still be possible.
Comparative negligence vs. contributory negligence
Massachusetts’ approach is viewed as being fairer than the older contributory negligence rule which is still in use in a few states, e.g. Virginia. Under contributory negligence rules, if you are found to be even just 1% at fault, you will not be entitled to any compensation. In some states, a different form of comparative negligence ruling applies, which is called pure comparative negligence. In this system of apportioning compensation, each party is awarded compensation according to the percentage of fault determined. Only a party that was 100% at fault will not share in the compensation.
The role of the court in assigning fault
In Massachusetts, the court normally determines both:
- the total amount of damages that can be recovered; and
- the % of fault for all parties.
After the court’s decision, the comparative negligence statute is used to determine the final compensation. Because of this role it is important for the parties involved in an accident to present their cases well, particularly if a dispute is likely to arise when determining fault.
Why comparative negligence matters in settlement negotiations
Comparative negligence does not only affect what occurs in court but it influences all stages of a personal injury case. Insurers often argue that you share more fault than you really do, hoping that your claim will be reduced or even denied.
For example:
- In a slip-and-fall case, the insurer may claim you were careless because you failed to notice a hazard.
- In a car crash, the insurer may argue you were driving too fast or you were following too closely.
Why legal representation is necessary
Being able to navigate successfully Massachusetts’ comparative negligence requires both experience and tactics because even a small change in your assigned percentage of fault could make a big difference in the recoverable amount. This is the time to consider asking a Boston based personal injury lawyer to help you negotiate your claim.
Protecting your rights under Massachusetts comparative negligence law
If you have been injured in an accident, the key points to remember are:
- you should still be able to recover damages even if you are found to be partly at fault, provided you are found to be 50% or less responsible;
- your compensation amount will be reduced based on your % of fault;
- having an experienced lawyer representing you can make all the difference between getting some compensation and nothing at all.
For more information, visit our website or contact us for a free initial legal consultation today.