In Massachusetts, you can still recover money after an accident that was partly your fault, as long as you were not more than 50% to blame.
This rule is called comparative negligence. Under the state’s law, your own carelessness does not wipe out your claim unless it was greater than the combined carelessness of the people you are suing. A 50/50 split still lets you recover. At 51%, you get nothing.
There is a catch: your award shrinks by your share of the blame. If a jury finds $100,000 in damages and says you were 20% at fault (maybe you were going a little fast), you would receive $80,000.
Why it matters: insurance adjusters love to say “you were partly at fault too.” That alone does not end a case. The law also presumes you used due care, so the other side has to prove you were careless, not the other way around.
Source: Mass. General Laws Chapter 231, Section 85
Think you know Massachusetts law? Take today’s 5-question Legal Quiz →
This is general information, not legal advice. Laws change and every situation is different. If you’ve been hurt in an accident, Larson Law offers free consultations: 508-888-8888.