What if the Accident Was Partly My Fault in Springfield, MA?

Short answer: You can still recover compensation for a Springfield-area accident even if you were partly at fault. Massachusetts follows a "modified comparative negligence" rule. If you were 50% or less responsible, you can recover damages reduced by your percentage of fault. If you were 51% or more responsible, you cannot recover from the other driver. Do NOT admit fault at the scene or to insurance companies, and do NOT assume your claim is worthless just because you made a mistake.

How Massachusetts Comparative Negligence Works

Massachusetts follows what's called a modified comparative negligence rule under Mass. Gen. Laws Chapter 231, Section 85. Here is how it plays out in practice:

If You Were 50% or Less At Fault

You can recover damages from the other driver, but your total compensation is reduced by your percentage of fault.

Example: You were 20% at fault in a Springfield accident. Your total damages (medical bills, lost wages, pain and suffering) equal $100,000. Your recovery is $100,000 minus 20%, which equals $80,000.

If You Were 51% or More At Fault

You cannot recover damages from the other driver. This is called the "50% bar rule" and Massachusetts is stricter about this than some states. Being even 1% more at fault than the other driver cuts off your recovery.

The Key Insight

Because of how comparative fault works, insurance companies have a strong financial incentive to push your share of fault above 50%. A small shift from 49% to 51% saves them the entire claim. This is why fault percentages in accident cases are heavily contested and why you need a lawyer fighting on your side.

What "Partly At Fault" Actually Looks Like

Many Springfield drivers assume they are at fault when the law would disagree. Common scenarios where partial fault may or may not apply:

You Were Speeding When Hit

If you were going 40 in a 30 on State Street but another driver ran a red light and hit you, you might be 10-20% at fault for speeding, but the other driver is primarily responsible for running the light. You can still recover.

You Were Texting When Rear-Ended

Rear-end collisions are almost always primarily the fault of the driver behind. Even if you were texting, if you were stopped at a red light when someone rear-ended you, you are likely not at fault at all.

You Did Not Signal Before Turning

If you failed to signal but the other driver was impaired or wildly speeding, fault may be shared but the other driver bears more responsibility.

You Turned Left and Were Hit

Left-turn accidents often have shared fault. If the oncoming driver was speeding excessively or ran a yellow light, your share of fault may be lower than you think.

You Ran a Stop Sign

Even if you ran a stop sign, if the other driver was speeding, impaired, or could have reasonably avoided the collision, fault may still be shared.

You Were Driving in Bad Weather

Winter accidents on I-91, I-291, or local Springfield roads often get complicated by weather. You have a duty to drive reasonably for conditions, but so does the other driver. Weather does not automatically make you "at fault."

How Fault Is Determined in Massachusetts

Fault percentages come from multiple sources:

• The police report. Officers often note who they believe caused the accident, though this is not legally binding.
• Witness statements. Independent witnesses carry significant weight.
• Physical evidence. Vehicle damage patterns, skid marks, debris fields.
• Traffic laws. Violations (running a stop sign, speeding, failure to yield) can establish "negligence per se."
• Surveillance and dashcam footage. Increasingly common and often decisive.
• Accident reconstruction experts. Used for complex cases.
• Insurance investigations. Each insurer conducts their own.
• Jury determination. If the case goes to trial, the jury ultimately assigns percentages.

Insurance companies typically make the first call on fault percentages, and their numbers are negotiable. A lawyer pushes back on unfair assessments.

What NOT to Do If You Think You Were Partly At Fault

Do NOT Admit Fault at the Scene

Apologizing, saying "I didn't see you," or taking blame are common instincts but can seriously damage your case. Stick to the facts. Let the police, insurance companies, and lawyers determine fault later.

Do NOT Admit Fault to Insurance Adjusters

Insurance adjusters often lead with friendly, sympathetic conversation designed to get you to say something that establishes your fault. "So you were distracted for a moment?" is a common leading question. Don't speculate. Don't guess. Stick to what you directly observed.

Do NOT Give Recorded Statements

If the other driver's insurance company asks for a recorded statement, politely decline. You are not obligated to give one.

Do NOT Accept the First Settlement

Insurance companies often offer quick, low settlements for cases where they believe the injured person is partly at fault. These offers are almost always lower than what you could recover with proper representation.

Do NOT Post on Social Media

Insurance investigators check Facebook, Instagram, TikTok, and LinkedIn for posts they can use against you. A single admission or photo can weaken your case.

Do NOT Assume You Have No Case

Many people who assume they were at fault learn, after a consultation, that fault was actually shared or even primarily on the other driver.

What TO Do If You Think You Were Partly At Fault

1. Get medical attention. Your health is paramount. Treatment within 14 days protects your PIP benefits.
2. Document what happened. Write down the accident sequence in your own words while it is fresh.
3. Save all evidence. Photos, witness contacts, police reports, medical records, insurance correspondence.
4. Tell your own insurance company. Stick to facts. Do not admit fault.
5. Decline recorded statements to the other driver's insurer. Until you have talked to a lawyer.
6. Contact a personal injury attorney. A free consultation tells you what your case is worth.

Why a Lawyer Matters in Shared-Fault Cases

A skilled personal injury attorney makes a significant difference when fault is contested:

• Aggressively disputing high fault percentages. Insurance companies often assign more fault to you than the evidence supports.
• Gathering evidence that reduces your share. Witness statements, dashcam footage, accident reconstruction.
• Calculating the full value of your damages so reductions don't decimate your recovery.
• Negotiating with experience. Adjusters take represented clients far more seriously.
• Filing suit if needed. If settlement isn't fair, a jury may view fault very differently than an insurance adjuster does.

Real Impact of Fault Percentages

To show why fault percentages matter so much, here's how the math plays out on a $200,000 case:

• 0% at fault → Recover $200,000
• 10% at fault → Recover $180,000
• 25% at fault → Recover $150,000
• 40% at fault → Recover $120,000
• 50% at fault → Recover $100,000
• 51% at fault → Recover $0

The jump from 50% to 51% costs you everything. That is why a good lawyer fights so hard to keep your fault percentage low.

Get a Free Consultation

If you were partly at fault in a Springfield-area car accident, don't assume you have no case. Attorney Daniel A. Pava has represented accident victims throughout Springfield, Holyoke, Chicopee, West Springfield, and all of Hampden County for over 40 years. Free consultations are available in English and Spanish. No pressure. No obligation. No fees unless we win.

Phone: (413) 781-8700
Email: daniel@pavalaw.com
Office: 1380 Main Street, Suite 301, Springfield, MA 01103

Updated on: 04/19/2026