Under Massachusetts’ comparative negligence rule, injured cyclists can still recover compensation after an accident — even if they were partially at fault — as long as they were less than 51% responsible. However, their final settlement or award will be reduced by their percentage of fault. For example, if a jury determines a cyclist was 30% at fault for running a stop sign, they can only recover 70% of their total damages.
At Spada Law Group, our bicycle accident lawyers help injured riders across Massachusetts — including in Chelsea, Newburyport, Peabody, Lawrence, and Springfield — navigate the complexities of comparative negligence and fight for fair compensation. Below, we break down how shared fault impacts bicycle accident claims and what cyclists can do to protect their rights.
Understanding Comparative Negligence in Massachusetts
Massachusetts follows a modified comparative negligence system under MGL c. 231, § 85, which differs from other states’ negligence laws in key ways:
- Pure vs. Modified Comparative Negligence. Some states (like California) follow "pure" comparative negligence, allowing injured parties to recover damages even if they are 99% at fault (though their award is reduced accordingly). Massachusetts, however, uses a modified system, barring recovery if the injured party is 51% or more at fault.
- 50% Rule. Unlike states with a "51% bar" (like Massachusetts), a few states (such as Tennessee) completely bar recovery if the plaintiff is 50% or more at fault. This makes Massachusetts slightly more plaintiff-friendly.
- Joint and Several Liability. In cases with multiple at-fault parties, Massachusetts follows a "joint and several liability" rule, meaning a severely negligent defendant could be responsible for paying the full judgment if other defendants can’t pay.
This system ensures that cyclists who share some blame — but weren’t the primary cause of the crash — can still recover partial compensation
How Shared Fault Impacts Bicycle Accident Claims
Bicycle accidents often involve disputes over fault, especially when drivers claim the cyclist contributed to the crash. Common scenarios where comparative negligence may come into play include:
- Failure to yield. A cyclist doesn’t stop at a stop sign but is hit by a driver speeding 20 mph over the limit. While the cyclist violated traffic laws, the driver’s excessive speed may make them more at fault.
- Lack of visibility. A cyclist rides at dusk without lights but is struck by a driver who was texting. The cyclist’s lack of lights may contribute to fault, but the driver’s distraction could be the primary cause.
- Improper lane usage. A cyclist swerves into traffic to avoid a pothole but is sideswiped by a car that failed to check its blind spot. The cyclist’s sudden movement may be a factor, but the driver’s failure to signal or check mirrors could carry greater blame.
- Dooring accidents. A cyclist rides too close to parked cars but is hit by a driver who opens their door without looking. While the cyclist could have given more space, the driver’s negligence in checking for bikes may outweigh the cyclist’s mistake.
Insurance companies often try to maximize the cyclist’s fault percentage to reduce payouts. A skilled attorney can counter these tactics by proving the driver’s greater negligence.
Types of Compensation Available in Comparative Negligence Claims
Even when a cyclist shares some fault, Massachusetts law allows recovery for various damages, including:
- Medical expenses. Current and future treatment costs for injuries like fractures, head trauma, or road rash.
- Lost wages. Compensation for missed work during recovery, plus reduced earning capacity if injuries are disabling.
- Pain and suffering. Monetary damages for physical pain, emotional distress, and reduced quality of life.
- Bicycle repair/replacement. The cost to fix or replace your bike and damaged gear (helmets, clothing, etc.).
- Punitive damages. In rare cases involving extreme negligence (e.g., drunk driving), courts may award additional penalties.
Under comparative negligence, each of these amounts would be reduced by your percentage of fault. For instance, if you incurred $100,000 in medical bills but were found 30% at fault, you could recover $70,000.
How to Protect Your Claim Under Comparative Negligence
If you’ve been injured in a bicycle accident, follow these steps to strengthen your case:
- Report the accident immediately. Police reports are crucial evidence. Officers document witness statements, road conditions, and initial fault assessments, which can help counter later disputes.
- Gather evidence at the scene. Take photos of vehicle positions, traffic signals, road hazards, and your injuries. If there are surveillance cameras nearby, note their locations.
- Seek medical attention right away. Delayed treatment allows insurers to argue your injuries weren’t serious or were caused by something else. Medical records also link your injuries directly to the crash.
- Avoid admitting fault or apologizing. Even saying “I didn’t see you” can be twisted into an admission of negligence. Stick to factual statements when speaking to police or insurers.
- Consult a bicycle accident lawyer before speaking to insurers. Adjusters often use recorded statements to assign more fault to cyclists. An attorney can handle communications and protect your rights.
Why Hire a Bicycle Accident Lawyer?
A skilled attorney can make a critical difference in maximizing your compensation under comparative negligence by:
- Conducting a thorough investigation. Lawyers obtain police reports, accident reconstructions, cell phone records (to prove distraction), and maintenance logs (if poor road design contributed).
- Countering insurance blame-shifting. Insurers may claim you were “lane-splitting” or “not wearing bright clothing.” An attorney can challenge these arguments with evidence, such as witness testimony or traffic laws.
- Accurately valuing your claim. Many cyclists underestimate long-term costs like future surgeries, lost earning capacity, or bike replacement. A lawyer ensures all damages are included.
- Negotiating aggressively or going to trial. If insurers refuse a fair settlement, an attorney can take your case to court, where juries may assign lower fault percentages than adjusters.
If you’ve been hurt in a bicycle accident, don’t let comparative negligence prevent you from seeking justice. Our experienced attorneys can assess your case and fight for the compensation you may be entitled to.
