Massachusetts Comparative Fault Rules (MGL ch. 231, § 85)

Massachusetts comparative fault rules (MGL ch. 231, § 85) lets injury victims recover damages even when partially responsible. You can recover as long as you're less than 50% at fault. Your compensation is reduced by your percentage of fault. Insurance companies exploit this by inflating your fault percentage to slash settlement offers.

You may feel responsible for what happened. If you were partially distracted during a car accident, jaywalking when hit, or not wearing protective gear during a bicycle crash, you might assume you can't recover compensation at all. This self-doubt often prevents injured people from seeking help, leaving them to cover medical bills and lost wages alone.

This matters because insurance companies use fault percentages as a direct tool to reduce what they pay you. A claim worth $500,000 drops to $375,000 the moment an adjuster assigns you 25 percent of the blame. Understanding how fault is assigned, how it is challenged, and how it affects every dollar you are owed gives you a real advantage when dealing with an insurer.

In this legal guide from our Massachusetts Law series, you will discover how MGL ch. 231, § 85 works, what evidence controls your fault percentage, and how a Massachusetts personal injury attorney can protect your claim and challenge unfair fault assignments.

What Is Massachusetts Comparative Fault?

Massachusetts comparative fault is a legal rule that decides how much money you can recover when more than one person shares blame for an accident. This means that even if you played some role in causing your own injury, you can still receive compensation as long as you were not mostly at fault.

The formal name for this rule is MGL ch. 231, § 85, and it replaced an older, harsher system called contributory negligence. Under the old system, being even one percent at fault meant you received nothing. The current law is far more fair to injured people.

How the 51 Percent Rule Works

The 51 percent rule is the cutoff point that determines whether you can recover any money at all. If your share of fault is 50 percent or less, you can recover compensation. If your share reaches 51 percent or higher, you recover nothing.

Here is what that looks like in practice:

• 10 percent at fault: You recover 90 percent of your total damages.
• 50 percent at fault: You recover exactly half of your total damages.
• 51 percent at fault: You receive no compensation, regardless of how seriously you were hurt.

That single percentage point is the difference between a full recovery and walking away with nothing. Insurance companies know this, and they will push hard to get your fault number above 50 percent.

How Shared Fault Reduces Your Compensation

When fault is shared, your total compensation is reduced by your exact percentage of blame. This reduction applies to every dollar you are owed, including money for hospital bills, lost wages, future medical care, and physical pain.

Total Damages	Your Fault	What You Recover
$100,000	10%	$90,000
$500,000	25%	$375,000
$1,000,000	50%	$500,000

Even a small change in your fault percentage can substantially reduce the amount you recover. This is why the fault percentage assigned to you deserves to be challenged, not accepted.

Who Has to Prove You Were at Fault?

Many people assume they must prove their own innocence after an accident. The law works the other way. The statute presumes you acted with reasonable care, and the other side carries the burden of proving you were negligent.

When an insurance adjuster tells you that you were 30 percent at fault, that is their opening argument. It is not a court ruling, and it is not final.

• Adjusters assign percentages based on their own investigation, not a legal process.
• You have the right to dispute their numbers with evidence, witnesses, and expert analysis.
• An early fault claim is a negotiating tactic, designed to reduce how much the insurer pays you.

You do not have to accept the number they give you.

Learn more: Massachusetts Negligence

Does a Traffic Ticket Mean You Cannot Recover?

A traffic ticket at the scene does not automatically end your case. Under MGL ch. 231, § 85, a citation is treated as evidence of negligence, not proof that you caused the accident.

Consider a driver who gets a ticket for an expired inspection sticker and is then rear-ended by someone running a red light. The expired sticker has nothing to do with the crash. The ticket alone does not bar the claim.

Do not walk away from a potential case just because you received a citation. Talk to a lawyer about how that ticket actually connects to what happened.

How Fault Gets Decided

Fault is not decided by a police officer at the scene or by an insurance adjuster on the phone. During the claims process, adjusters assign percentages based on their own internal review. If your case goes to trial, a judge or jury reviews the evidence and makes the final determination.

Evidence That Shifts Your Fault Percentage

The side with stronger evidence usually controls the fault number. The following types of proof most often change how fault is assigned:

• Scene photos and video taken immediately after the accident
• Surveillance footage from nearby businesses or traffic cameras
• Vehicle black box or telematics data showing speed and braking
• Witness statements collected at the scene
• Police reports and 911 call recordings
• Medical records that connect your injuries to the accident
• Accident reconstruction expert analysis

Collecting and preserving this evidence quickly is one of the most important steps you can take.

Insurance Surcharge Decisions vs. Civil Fault

Your auto insurance company may find you at fault for surcharge purposes, which affects your premium. This is a completely separate process from a civil injury claim under MGL ch. 231, § 85.

A surcharge decision follows insurance regulations and can be appealed to the Massachusetts Board of Appeal. A civil fault finding is decided by the evidence in your injury case. One does not control the other.

How Comparative Fault Applies to Common Accidents

Car Accidents and the PIP Threshold

In Massachusetts car accident cases, Personal Injury Protection, known as PIP, pays your first medical bills and a portion of lost wages regardless of who caused the crash. If your medical costs exceed $2,000 or your injuries include something serious, such as a broken bone, you can bring a bodily injury claim directly against the at-fault driver. At that point, comparative fault applies and reduces your recovery by your percentage of blame.

Slip and Fall Accidents

Property owners often argue that an injured person shares blame for a fall. Imagine someone slipping on an unmarked wet floor while glancing at their phone. The store might claim the person was not paying attention.

A jury could assign 20 percent of the blame to the injured person and 80 percent to the store. That reduces the recovery proportionally to the plaintiff's assigned percentage of fault. The injured person still recovers, but the shared fault has a real dollar cost.

Accidents Involving Multiple Defendants

When more than one person caused your accident, your fault is compared against the combined fault of all defendants together. This is an important protection for injured people.

If you are 30 percent at fault and two other drivers share the remaining 70 percent between them, you stay well below the 51 percent bar and can recover compensation. Having multiple defendants often works in your favor.

What to Do When the Insurer Blames You

Do Not Give a Recorded Statement to the Other Insurer

You are not legally required to give a recorded statement to the insurance company representing the person who hurt you. Adjusters are trained to ask questions that lock you into answers they can use later to increase your fault percentage. Speak with a lawyer before you say anything on the record.

Preserve Photos, Videos, and Witness Information

Save every photo and video from your phone the moment you are safe. Write down the names and contact information of anyone who saw what happened. Keep damaged clothing, a broken helmet, or any other physical evidence from the scene.

Surveillance footage gets deleted and witnesses become harder to find within days of an accident.

Stay Consistent with Your Medical Treatment

Gaps in medical treatment give insurance companies an easy argument that your injuries were not serious or were caused by something unrelated to the accident. We know it is difficult to keep up with appointments when you are also dealing with missed work and mounting bills. Staying consistent protects both your health and your legal claim.

Contact a Massachusetts Injury Lawyer Early

Evidence like black box data and surveillance footage can be overwritten or deleted within days. An attorney can send preservation letters immediately, line up expert witnesses, and challenge inflated fault percentages before they become part of the official record. We handle the insurance companies so you can focus on getting better and returning to work.

Talk to Breakstone, White & Gluck Today

Breakstone, White & Gluck has represented seriously injured people in Massachusetts for more than 30 years. One of our three founding partners personally handles every case we accept, supported by the full strength of the firm. We investigate quickly, preserve critical evidence, and prepare every case as though it will go in front of a jury, because that preparation is what gives us leverage at the settlement table.

Your consultation is completely free and confidential. You pay nothing unless we recover compensation for you. Contact Breakstone, White & Gluck today for a free case review.

Massachusetts Comparative Fault FAQs

Can I Recover Compensation if I Am Exactly 50 Percent at Fault?

Yes. Under MGL ch. 231, § 85, you can still recover compensation if your fault is exactly 50 percent, and your total damages will be reduced by half.

Does a Traffic Citation at the Scene Automatically Bar My Injury Claim?

No. A traffic ticket is treated as evidence of negligence under Massachusetts law, not as an automatic bar to your claim, and it does not control the outcome of a civil injury case.

How Does Fault Work When Two Drivers Caused My Accident?

Your fault percentage is compared against the combined fault of all defendants together, which often makes it easier for you to stay below the 51 percent bar and still recover money.

Does PIP Coverage Affect How Comparative Fault Is Applied?

No. PIP pays your initial medical bills and lost wages regardless of fault, and comparative fault only applies when you bring a separate bodily injury claim against the at-fault party.

Do I Have to Prove I Was Careful to Win My Case?

No. The statute presumes you acted with reasonable care, and the defendant bears the burden of proving you were negligent.

Is an Insurance At Fault Surcharge Decision the Same as a Civil Fault Finding?

No. An insurance surcharge follows separate regulations and can be appealed to the Massachusetts Board of Appeal, while civil fault under MGL ch. 231, § 85 is determined by the evidence in your injury case.