When an accident occurs, it’s natural to wonder if you’re eligible for compensation, especially if you sustained injuries. But what happens if you’re partially to blame for the accident? In some states, contributory negligence laws bar those injured in accidents from pursuing compensation if they are even partially to blame.
However, Massachusetts isn’t one of these states. Massachusetts law recognizes that these situations aren’t always black and white when it comes to fault. Under the state’s comparative negligence laws, you may still be able to pursue compensation, even if you were partially at fault. If you think that sounds like your case, here’s what you need to know.
Understanding Massachusetts Comparative Negligence Laws
Massachusetts follows a legal principle called “modified comparative negligence” under Massachusetts General Laws Chapter 231, Section 85. Under this rule, your ability to recover damages hinges on your degree of fault.
As long as you’re less than 51% at fault for the accident, you can still file a claim and potentially recover damages. However, your compensation will drop by the percentage of your fault. For example, if you’re found to be 20% to blame, your compensation would drop by 20%.
If you’re 51% or more at fault for the accident, you can’t pursue damages from the other party.
How Is Fault Determined?
Determining who is to blame in a personal injury case can be complicated. It comes down to carefully analyzing the circumstances of the accident and evaluating evidence such as police reports, witness statements, surveillance footage, and expert testimonies. Insurance companies and courts piece this information together and determine whether each party acted reasonably or negligently.
For example, let’s say you were speeding, ran a red light, or failed to signal before a turn. These traffic violations could mean that you share fault for the accident.
The same could be true in a slip-and-fall case. An example could be walking in a grocery store, past the posted warning sign because you were distracted by your phone, and falling on the wet floor beyond the sign.
Examples of Comparative Negligence in Action
To better explain how comparative negligence works, let’s look at a few real-world scenarios.
First, let’s say Kelly rear-ended another driver at a red light. However, since that driver’s brake lights weren’t functioning, the courts only found Kelly to be 30% at fault for not stopping in time. The remaining 70% of the blame is assigned to the other driver for failing to maintain their vehicle. In this example, Kelly could recover 70% of her damages.
Or, let’s say Josh slips on a wet floor in a grocery store. However, since there was a posted caution sign that Josh ignored, the courts found him 40% at fault for not paying attention. The store bears the remaining 60% of the blame for failing to adequately clean up the spill. In this situation, Josh’s damages would drop by 40%.
How to Protect Your Claim If You Share Fault
If you suspect you might be partly to blame for an accident, it’s important to take action to protect your right to pursue compensation. You can do this by:
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- Gathering evidence: Take pictures of the scene, document your injuries, and get copies of police reports, if applicable.
- Avoiding admissions of guilt: In the heat of the moment, it’s all too easy to apologize to the other party and accidentally claim the blame. This could be used against you later, so be cautious when discussing the accident with insurance adjusters or other parties.
- Consulting a lawyer: An experienced personal injury attorney can evaluate your case to help you determine your legal options, negotiate with insurance companies, and present evidence to minimize your percentage of fault.
The Importance of Working With a Personal Injury Lawyer
Personal injury cases are often complicated, especially when fault is shared between involved parties. Insurance companies are typically all too eager to shift blame onto you in an attempt to minimize the amount they have to pay, often offering unfairly low settlements or attempting to portray you in a more negative light.
This is where help from a skilled personal injury lawyer becomes paramount. Our skilled personal injury lawyers at the Fogelman Law Firm are here to help. We’re well-versed in personal injury cases, including the tactics that insurance companies often use to shift the blame, and can help you navigate your case.
We can help you through every stage of the process, making sure you understand your options, obligations, and rights. We will:
- Evaluate your case to determine the strength of your case and your legal options
- Analyze the circumstances of the accident to accurately attribute fault
- Gather and present evidence to minimize your fault
- Negotiate with insurance companies to ensure a fair settlement
- Advocate for you in court if a fair settlement cannot be reached
You’re not alone in the process. We’ll walk you through each step, shouldering the burden of the legal process to ensure you don’t have to face it alone.
Don’t Let Partial Fault Stop You From Seeking Compensation
Carrying part of the blame for an accident doesn’t mean you’re out of options. Massachusetts’ comparative negligence laws offer wiggle room in these cases, designed to ensure that you can still pursue compensation as long as your share of fault is less than 51%.
If you’ve been injured in an accident in Massachusetts, our experienced personal injury attorneys are here to help. At the Fogelman Law Firm, we’re dedicated to helping Massachusetts residents pursue the compensation they deserve, even if they’re partly to blame for an accident. We’ll evaluate your case, answer your questions, and fight to secure the compensation you deserve.
Contact us today to start with a free consultation.
