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Comparative Negligence and Massachusetts Personal Injury Law (Part A)

If you've been hurt in an accident, you may want to file a personal injury lawsuit against the person who hurt you. These lawsuits are often based on Massachusetts negligence laws, which are based on the concept of comparative negligence.

States either operate under the systems of comparative or contributory negligence, usually the former. Contributory negligence is still worth understanding, however, even if it doesn't apply to your state. Contributory negligence is applied to accident cases to determine if more than one party is responsible for the damages.

How Contributory Negligence Works

Only Alabama, Virginia, North Carolina, Maryland and Washington, D.C., still use the contributory negligence system. These laws put a significant burden on the accident victim.

If you were hit by a car in one of the states still operating under contributory negligence, the offending party will try to prove that you contributed to the accident through your own driving choices or behavior. Perhaps they'll say you stepped out onto the street without looking both ways before they struck you with their car or that you did not use a turning signal while the other car ran a red light.

If the defendant's lawyer succeeds in convincing the judge or jury that you contributed to the accident, this frees the defendant from any legal liability or financial compensation. It is then you, the accident victim, who will be considered negligent.

Here are some behaviors that could lead to you being considered negligent in a traffic accident under contributory negligence, even if you were the victim:

• Walking suddenly into the street
• Riding in a car that you know to be defective, or that is driven by an inebriated individual
• Speeding or otherwise breaking traffic law at the time of the accident
• Distracting the driver of your vehicle

Though you may have been the person injured in any of the above situations, the courts may still consider you as having acted with negligence. Needless to say, this is a very harsh system if you are an accident victim. It's worth comparing this to the more lenient system of comparative negligence, which is used in most states, including Massachusetts.

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