Understanding Comparative Negligence in Car Accident Claims

The Law Offices of Morton J. Shuman, P.C. • February 16, 2024

Navigating the complexities of car accident claims can be daunting, especially when understanding legal doctrines like comparative negligence. As a personal injury attorney in Framingham, Massachusetts, I often encounter clients who need clarification about how this principle affects their compensation in accident cases. This post aims to clarify the concept of comparative negligence and its impact on car accident claims in Massachusetts.

Introduction to Comparative Negligence

Comparative negligence is a legal doctrine that plays a critical role in negligence-based claims. It means that if you are partially at fault for an accident that caused your injury, the compensation you can receive will be reduced proportionally to your degree of fault. This system is designed to allocate damages fairly and represent each party’s responsibility for the accident.

Massachusetts Specifics

In Massachusetts, we follow a modified comparative negligence system. This means that you cannot recover damages if you are found to be more than 50% responsible for the accident. However, suppose your fault is 50% or less. In that case, you can still recover damages, though this percentage of fault will reduce if you’ve found 30% at fault in an accident; your compensation will be decreased by 30%.

Examples to Illustrate the Concept

To better understand this, consider a scenario where the total damages from a car accident amount to $100,000. If you are found to be 30% responsible for the accident, you would be eligible to recover 70% of the total damages, equating to $70,000.

Impact on Insurance Claims

Insurance companies often use comparative negligence when evaluating claims. It’s crucial not to admit fault at the accident scene, as any statements can be used in the comparative negligence assessment. The way fault is apportioned can significantly affect the outcome of your claim.

Gathering Evidence

Collecting comprehensive evidence at the accident scene is vital. Photographs, witness statements, and police reports can significantly influence the determination of fault. This evidence is crucial in proving your degree of fault (or lack thereof) in the accident.

Legal Representation

Consulting with a personal injury attorney experienced in Massachusetts’ car accident laws is highly advisable. An attorney can navigate the complexities of comparative negligence, helping to ensure that you are fairly represented in negotiations or court.

Reporting the Accident

Always report the accident to the police and your insurance company. This documentation is essential in a comparative negligence claim, providing a formal incident record.

Statute of Limitations

Massachusetts has a half limitation to filing a car accident claim. It’s crucial to take it within this period to preserve your right to seek compensation.

Potential Defenses

Common defenses in comparative negligence cases include arguments like the other party having the last clear chance to avoid the accident. These defenses can significantly impact the apportionment of fault.

Settlement Negotiations

Comparative negligence can also affect settlement negotiations. Skilled legal representation is essential to ensure that the settlement reflects a fair assessment of fault.

Jury Considerations

If your case goes to trial, the jury may be instructed to consider comparative negligence in their deliberations. This can significantly influence the outcome of your case.

Car Accident Attorney in Framingham, Massachusetts

Understanding comparative negligence is crucial in navigating car accident claims in Massachusetts. It can significantly affect the compensation you receive and requires careful legal handling. Suppose you’re involved in a car accident. In that case, seeking professional legal advice is essential to ensure your rights are protected and you receive fair compensation. Remember, each case is unique, and the specifics of comparative negligence can vary greatly. Contact Mort Shuman’s office today for a free case evaluation!

Lawyer in suit writing, with scales of justice and gavel on desk.

Personal Injury Attorney in Framingham You Can Trust

By The Law Offices of Morton J. Shuman, P.C. • November 4, 2025
Seeking out a personal injury lawyer after an accident can be overwhelming. With so many options, you may not know who to trust.  The Law Offices of Morton J. Shuman, P.C.  , has been serving the Framingham, MA, community for over sixty years. When you need an attorney,  The Law Offices of Morton J. Shuman, P.C.  has the record to prove our commitment.
Man injured at work, aided by a colleague.

Machinery-Related Injuries: Who’s at Fault When Equipment Fails?

By The Law Offices of Morton J. Shuman, P.C. • October 7, 2025
Workplaces throughout Massachusetts rely on heavy machinery and equipment to operate efficiently. In construction sites, factories, warehouses, and beyond, employees and contractors rely on machines every day to perform critical tasks. When equipment fails or malfunctions, the consequences can be devastating. Severe injuries, long recoveries, and lost wages are too common. After an accident, important questions can arise about who is legally responsible for injuries.
Motorcycle on its side in road, damaged.

Who’s Liable in an Electric Scooter Accident in Natick, MA?

By The Law Offices of Morton J. Shuman, P.C. • September 9, 2025
Electric scooters are becoming more and more common on the streets of Natick, MA, offering a convenient and eco-friendly way to travel short distances. As their popularity grows, so do questions about liability in the event of an accident. Unlike cars and motorcycles, e-scooters are not considered motor vehicles in Massachusetts. That distinction changes how accident claims are handled and who may be liable.
Person wearing wrist device gestures over document on table.

Denied Workers’ Compensation Claims: What to Do Next

By The Law Offices of Morton J. Shuman, P.C. • August 8, 2025
If you’ve been injured at work and your workers’ compensation claim was denied, don’t panic–you still have options. Denials are more common than you might think, and with the best legal support, you may still receive the benefits you’re entitled to. At  The Law Offices of Morton J. Shuman, P.C.  , we help injured Massachusetts workers fight for compensation through the appeals process.
Angry brown and black dog baring teeth, chained outside in the snow.

Can You File a Claim if a Dog Injures You Without Biting?

By The Law Offices of Morton J. Shuman, P.C. • July 8, 2025
When most people think of dog-related injuries, they immediately picture dog bites–but there are other ways dogs can cause harm. In Massachusetts, you can pursue a personal injury claim even if a dog injures you without biting. At  The Law Offices of Morton J. Shuman, P.C.  , we help clients throughout Framingham, Natick, Marlborough, and Milford understand their rights when it comes to dog-related injuries.
Two people tending to a person on the ground, wearing a neck brace, mask, and construction vest.

Construction Site Accidents: Protecting Workers in Massachusetts

By The Law Offices of Morton J. Shuman, P.C. • June 6, 2025
Construction sites are among the most hazardous workplaces in Massachusetts. From falling objects to faulty equipment, workers face risks every day. When safety measures fail or negligence causes injury, the results can be life-changing or even fatal. At  The Law Offices of Morton J. Shuman, P.C.  , we help injured workers and their families understand their rights and pursue justice.