Accidents are rarely simple. Many times, more than one person shares some level of responsibility. If you were hit by a car while walking and believe you may be partly at fault, it does not automatically mean you lose the right to compensation. In Massachusetts, as in Tennessee, the law applies a rule called modified comparative negligence. Knowing how this rule works can make a major difference in your recovery.
Understanding Modified Comparative Negligence
Modified comparative negligence is a legal rule that reduces the damages you can recover based on your share of fault. Each state sets its own threshold. In Massachusetts, the law follows the 51 percent rule. This means you can still pursue compensation if you are 50 percent or less responsible. If you are 51 percent or more at fault, you cannot recover damages.
Tennessee, for example, applies a 50 percent bar rule. Under that version, you must be less than 50 percent at fault to receive anything. Both systems work in a similar way. The important point is that a partial fault does not block you from bringing a claim, but it may reduce the value of what you receive.
How Fault Percentages Affect Compensation
Here is how it works in practice. Imagine you were struck by a driver while crossing the street. The jury finds the driver 80 percent responsible and you 20 percent responsible. If your damages total $100,000, your award would be reduced by 20 percent. You would receive $80,000.
Now imagine the jury finds you 55 percent responsible. In that situation, you recover nothing because you are over the threshold.
This rule encourages fair outcomes. It recognizes that accidents are often complex events where both drivers and pedestrians may have contributed.
Common Ways Pedestrians May Be Considered Partly at Fault
Insurance companies often try to argue that the pedestrian shares blame. They do this to reduce payouts. Some common arguments include:
- Crossing outside a marked crosswalk
- Entering the road against a red signal
- Walking while distracted by a phone
- Wearing dark clothing at night without reflective gear
- Stepping into traffic suddenly without looking
While these factors may be considered, they do not erase a driver’s responsibility to operate a vehicle safely. Drivers have a legal duty to watch for pedestrians and avoid collisions whenever possible.
Why You Should Not Assume You Are at Fault
Many injured pedestrians blame themselves too quickly. Shock, stress, and confusion after an accident can cloud your judgment. Fault is rarely simple. For example, a pedestrian may have stepped outside a crosswalk, but the driver may have been speeding, distracted, or intoxicated. Both facts matter.
The determination of fault involves police reports, witness statements, surveillance footage, vehicle data, and expert testimony. What feels like clear blame may not hold up once the full investigation is done.
How a New Bedford Personal Injury Lawyer Can Help
If you were hit by a car in New Bedford, working with an experienced lawyer is essential. They understand how comparative negligence works in Massachusetts courts. They can gather evidence, challenge claims made by insurance companies, and fight for a fair assessment of fault.
A pedestrian accident attorney in New Bedford will also evaluate your medical bills, lost wages, pain and suffering, and long-term needs. Even a small reduction in fault percentage can make a difference of tens of thousands of dollars in your recovery.
Steps to Take After a Pedestrian Accident
Your actions after the accident can affect how fault is assigned. Helpful steps include:
- Call the police and ensure an official report is filed.
- Seek immediate medical care, even if you feel your injuries are minor.
- Collect contact information from witnesses.
- Take photographs of the scene, crosswalks, lights, and vehicles.
- Avoid making statements that admit blame.
- Contact a personal injury attorney in New Bedford before speaking with insurance adjusters.
Each of these steps builds a stronger case and protects you from unfair blame.
Why Insurance Companies Push Fault on Pedestrians
Insurance companies know that every percentage of fault they can shift onto a pedestrian saves them money. They often act quickly, asking for recorded statements or suggesting you crossed improperly. Their goal is to minimize their payout, not to protect your rights.
A New Bedford personal injury lawyer can protect you from these tactics. They handle communication, negotiate on your behalf, and if necessary, take your case to court.
Serious Injuries and Long-Term Impact
Pedestrian accidents often result in catastrophic injuries. Broken bones, head trauma, spinal injuries, and internal damage are common. These injuries bring high medical costs and long recovery times. If you cannot work, the financial strain grows quickly.
Comparative negligence laws can complicate these cases, but with strong legal help, you can still pursue fair compensation. Even if you believe you were partly at fault, it is important to explore your options.
Do Not Wait to Seek Help
Massachusetts law limits the time you have to file a personal injury claim. The statute of limitations is generally three years from the date of the accident. Waiting too long can result in the loss of your right to recover damages.
Speaking with a pedestrian accident attorney in New Bedford as soon as possible ensures evidence is preserved and deadlines are met.
Conclusion
Being partly at fault in a pedestrian accident does not mean you have no claim. Under modified comparative negligence, you may still recover significant damages as long as you are not mostly responsible. Insurance companies often exaggerate pedestrian fault to reduce payouts, but the law protects your right to fair compensation.
If you were hit by a car in New Bedford, talk with a New Bedford personal injury lawyer who can explain your rights, gather evidence, and fight for your recovery. A partial fault should not stop you from getting the support you need.
