How Does Massachusetts Handle Comparative Fault/Contributory Negligence?

In Massachusetts, an injured person can often recover damages even if they were partly to blame for the accident that caused their injuries. But, there are some special rules and limitations. 

What Does the Massachusetts Contributory Negligence Law (M.G.L. c. 231 §85) Say? 

Under the Massachusetts contributory negligence statute, an injured person can recover damages in an injury case if their fault was “not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought.” 

In plain English, that means if the party seeking damages was not more than 50% at fault. 

What If I Was More than Half Responsible for the Accident? 

Under Massachusetts law, a person who was more than 50% responsible for their own injuries is not entitled to compensation at all, even if another party’s negligence was partly responsible. 

How Does Being Partially at Fault Affect Damages?

Though Massachusetts law allows a person who was partly at fault to receive damages, the award is reduced to account for their own fault. Here are three examples to show how contributory fault impacts a personal injury case in Massachusetts. 

Sally and Jane collide in an intersection in downtown Lowell. Each is found to be partly responsible for the accident, and there are no other responsible parties. Sally suffers $100,000 in damages. Jane suffers $20,000 in damages. 

Example 1: 

Sally is found to be 60% responsible, and Jane 40% responsible. Sally’s fault is greater than the fault of all other parties, so she is not able to recover any compensation at all, even though Jane was partly responsible. 

Because Jane was not more than half responsible, she can recover damages from Sally. However, the 40% of losses attributable to Jane will be deducted. So, she will only be entitled to $12,000 of her $20,000 in damages (the 60% attributable to Sally). 

Example 2: 

Sally and Jane are each found to be 50% responsible. Since neither is more than half responsible, each can recover damages. However, those damages will be reduced based on their share of the blame. 

In this case, that means Sally can recover $50,000 (50% of her damages) and Jane can recover $10,000 (50% of her damages. 

Example 3: 

Rather than each driver being found partly responsible, Jane is found to be 100% responsible for the crash. Sally will be able to recover her full damages of $100,000, and Jane will recover nothing. 

How is Percentage of Fault Determined? 

Percentage of fault in a Massachusetts personal injury case is a question for the jury. That means the injured party’s personal injury lawyer will have to provide evidence of the degree of fault of each party, perhaps working with expert witnesses. 

If a case is settled, the parties don’t actually have to agree on the percentages of fault attributable to each party. However, the insurance company’s attorney will be looking for evidence that the injured party was partly to blame and will use that partial responsibility as a negotiating point to try to lower the settlement value.

What Should I Do If I Was Partly to Blame for the Accident? 

In this situation, it is generally best to avoid talking to the other party’s insurance company. The insurance company representative will be looking for ways to weaken your claim, and mistakes you make under stress can help them accomplish that goal. 

Instead, you should speak with an experienced Massachusetts personal injury lawyer as soon as possible after your accident. Once you retain an attorney, the attorney can take over all interactions with the insurance company. 

You can schedule a free consultation right now with Lowell personal injury attorney Kevin P. Broderick. Kevin has deep roots in the Lowell area, and has dedicated his practice to helping people who have been injured through someone else’s negligence.  

Contact the Broderick Law Firm right now by calling 978-459-3085 or fill out our contact form.