When you are hurt in an accident, figuring out who’s responsible and how much compensation you might get can be tricky. In Massachusetts, the law uses something called “modified comparative negligence” to sort this out. But what does that really mean for you if you are injured? Let’s break it down in simple terms.
The Basics of Comparative Negligence
In legal terms, negligence is when someone fails to take proper care in doing something, and that carelessness leads to harm or injury to another person. For example, if a driver is texting while driving and hits another car, they’d be considered negligent because they weren’t paying attention to the road.
On the other hand, comparative negligence is a legal principle that comes into play when more than one person might be at fault for an accident. It allows the court to determine how much each person involved contributed to the incident and divide up the responsibility accordingly.
There are three main types of comparative negligence systems:
- Pure Comparative Negligence
- Modified Comparative Negligence
- Contributory Negligence
Massachusetts follows the modified comparative negligence rule, which is a middle ground between the other two systems.
How Modified Comparative Negligence Works in Massachusetts
In Massachusetts, the modified comparative negligence rule states that you can recover damages in a personal injury case as long as you are not more than 50% at fault for the accident. This is sometimes called the “51% rule.”
Here is how it works in practice:
If you are found to be 50% or less responsible for the accident, you can still recover damages. However, the amount you receive will be reduced by your percentage of fault. For instance, if a court decides you were 30% responsible for a car accident and your total damages were $100,000, you’d be able to recover $70,000 (70% of the total).
On the other hand, if you are found to be 51% or more at fault, you are not entitled to any damages. This is a crucial point that sets modified comparative negligence apart from pure comparative negligence, where you could theoretically recover damages even if you were 99% at fault.
Real-World Examples
Let’s look at a couple of scenarios to see how this might play out in real life:
Scenario 1: You’re driving slightly over the speed limit when another car runs a red light and hits you. The court might determine you were 20% at fault for speeding while the other driver was 80% at fault for running the red light. If your total damages were $50,000, you’d be able to recover $40,000 (80% of the total).
Scenario 2: You are texting while crossing the street and get hit by a car that is going a bit too fast. The court decided you were 60% at fault for not paying attention, while the driver was 40% at fault for speeding. In this case, because you were more than 50% responsible, you would not be able to recover any damages under Massachusetts law.
Why Massachusetts Uses This System
The modified comparative negligence system aims to strike a balance between fairness and personal responsibility. It allows people who are partially at fault to still recover some damages, recognizing that accidents are often complex events with multiple contributing factors. At the same time, it prevents people who are mostly responsible for their own injuries from profiting from their mistakes.
This system encourages everyone to be more careful and take responsibility for their actions. It also helps to ensure that compensation is distributed more fairly based on each party’s level of fault.
How This Affects Your Personal Injury Case
The modified comparative negligence rule can affect the outcome of your case. Here is what you need to know:
- Documentation is crucial: Because fault will be divided up between parties, it is important to gather as much evidence as possible about the accident. This might include photos, witness statements, police reports, and medical records.
- Your actions matter: Even small things you do or do not do can affect your percentage of fault. For example, if you were not wearing a seatbelt during a car accident, that might increase your share of responsibility.
- Negotiation is key: Insurance companies and opposing lawyers will try to maximize your percentage of fault to reduce what they have to pay. Having a skilled attorney on your side can help ensure you are not unfairly blamed for more than your fair share of the accident.
Contact Our Massachusetts Personal Injury Attorneys Today
If you have been hurt in an accident in Massachusetts, do not try to deal with this complicated legal system alone. Reach out to the experienced attorneys at Altman Nussbaum Shunnarah.
