What Is Comparative Negligence in Massachusetts?
If you were injured in an accident in Massachusetts, one of the first things an insurance company or defense attorney will investigate is whether you share any responsibility for what happened. Massachusetts uses a legal doctrine called modified comparative negligence to handle situations where more than one party contributed to an accident. Understanding how this doctrine works is critical to understanding the value of your personal injury claim.
Under MGL Chapter 231, Section 85, Massachusetts applies a “51% bar rule”: you can recover compensation from other negligent parties as long as your own negligence did not exceed 50% of the total fault. If you are found 51% or more responsible, you are barred from recovering anything. If you are 50% or less at fault, you can recover — but your compensation is reduced by your percentage of fault.
How Comparative Negligence Works in Practice
Here is a straightforward example. Suppose you were injured in a car accident in Boston and your total damages — medical bills, lost wages, pain and suffering — amount to $100,000. An investigation finds that the other driver ran a red light but that you were also speeding at the time. A jury determines you were 20% at fault and the other driver was 80% at fault. Under Massachusetts comparative negligence law, your $100,000 award is reduced by 20%, leaving you with $80,000.
Now suppose the same facts but the jury finds you were 55% at fault for excessive speeding. Under the 51% bar, you would be completely barred from recovery, even though the other driver was also negligent.
Who Decides Fault Percentages?
In cases that go to trial, a jury determines the percentage of fault assigned to each party based on the evidence presented. In the vast majority of cases that settle before trial, the insurance company and your attorney negotiate the fault allocation as part of the settlement process. This is one of the most contentious aspects of personal injury negotiations — insurers have strong financial incentives to assign as much fault as possible to you.
Common Ways Insurance Companies Assign Fault to Victims
Insurance adjusters are trained to find evidence that shifts responsibility onto the injured party. Common arguments include: you were speeding or following too closely; you were distracted (using your phone); you were wearing improper footwear for a slip and fall; you ignored warning signs or known hazards; you failed to take reasonable steps to avoid the accident. An experienced attorney knows how to counter these arguments and present evidence that minimizes your assigned fault percentage.
Comparative Negligence in Different Case Types
Car accidents: Speeding, following too closely, distracted driving, and failure to yield are common fault arguments in auto cases. Dashcam footage, witness statements, and accident reconstruction experts can all be used to establish that the other driver bore primary responsibility.
Slip and fall cases: Property owners frequently argue that you were not paying attention, were wearing inappropriate footwear, or were in an area where you had no right to be. Your attorney must establish that the dangerous condition existed long enough that the owner knew or should have known about it, and that you were acting reasonably.
Workplace accidents: Workers’ compensation operates on a no-fault basis in Massachusetts, so comparative negligence doesn’t apply to your workers’ comp claim. However, if you pursue a third-party liability claim, comparative negligence can affect that recovery.
How a Massachusetts Personal Injury Attorney Protects You
The comparative negligence system rewards thorough investigation and persuasive legal advocacy. At Larson Law, our Boston personal injury attorneys work to preserve evidence, gather witness statements, retain accident reconstruction experts when necessary, and present your case in a way that minimizes the fault assigned to you and maximizes your compensation. Contact us for a free consultation to discuss how Massachusetts comparative negligence law applies to your specific situation.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.