Massachusetts Comparative Negligence Calculator (51%)

Massachusetts only cuts you off once your fault actually exceeds the defendants' combined fault — a 50-50 split still pays half. See exactly where the 51% line falls for your claim.

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Where does your fault percentage land?

Enter your estimated damages and your best estimate of your own share of fault. In Massachusetts, exactly where you land relative to 50% and 51% changes everything.

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Massachusetts's rule: barred only when you exceed the defendants

Under M.G.L. c. 231, § 85, contributory negligence does not bar recovery as long as the claimant's negligence "was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought." Damages are reduced in proportion to the claimant's own degree of fault — but only once that fault actually exceeds 50%, reaching 51%, does recovery get barred entirely.

The 50/51 distinction, precisely

A claimant found exactly 50% at fault still recovers half of their damages under Massachusetts's rule, because 50% is not greater than the defendants' combined 50%. A claimant found 51% at fault recovers nothing at all. This precise phrasing is what makes Massachusetts a genuine "51% rule" state, more forgiving than the smaller group of states that bar recovery at fault merely equal to the defendant's.

Worked example

Someone with $100,000 in damages, found 10% at fault, recovers $90,000. Someone found 51% at fault instead — even by a single percentage point over the line — recovers nothing at all. A claimant 99% at fault still recovers nothing, no different in outcome from one at exactly 51%; once the line is crossed, the exact margin stops mattering.

Replacing an older, stricter rule

Massachusetts has used this modified comparative negligence system since 1969, when § 85 replaced the state's older contributory negligence rule, under which any fault at all on the claimant's part would have barred recovery entirely — the same rule still used today in states like Maryland and Virginia.

A citation doesn't settle the question on its own

Under § 85, a traffic citation is treated as evidence of negligence for the jury to weigh, not as conclusive proof that the cited party caused the accident. The citation alone doesn't determine or bar the civil claim, which is a separate process from any related traffic enforcement matter.

Why the fight over fault stays intense near the 50/51 line

Because the practical difference between a 50/50 finding and a 51/49 finding is the difference between a substantial recovery and zero, insurers have a real, concentrated incentive to argue a claimant's fault upward toward that exact threshold. See our guide to how adjusters build a fault argument in Massachusetts for what that negotiation actually looks like.

Massachusetts comparative negligence — frequently asked questions

Does Massachusetts use a 50% or 51% bar for comparative negligence?

A 51% bar. Under M.G.L. c. 231, § 85, a claimant recovers as long as their negligence was not greater than the combined negligence of the defendants — so fault of exactly 50% still allows recovery.

What happens if I'm found 51% at fault in Massachusetts?

You recover nothing. Massachusetts bars recovery once the claimant's fault is greater than the combined fault of the defendants — 51% crosses that line.

When did Massachusetts adopt comparative negligence?

In 1969, when § 85 replaced the state's older, stricter contributory negligence rule, under which any fault at all would have barred recovery entirely.

Does a traffic citation automatically prove fault in a Massachusetts civil claim?

No. Under § 85, a citation is treated as evidence of negligence for the jury to weigh, not as conclusive proof that the cited party caused the accident.

Who decides the fault percentage in a Massachusetts claim?

The jury, where a case reaches trial, which compares the claimant's negligence against the total negligence attributable to the defendants.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Massachusetts statute (M.G.L. c. 231, § 85) verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Massachusetts attorney before acting.