In many cases, determining fault in a Connecticut car accident is fairly simple. Sometimes, it's difficult to determine the party at fault. In fact, other drivers could carry some of the blame, including yourself.
How did the accident happen? Where did it occur? What other conditions may have contributed to the accident? There are many factors that would impact fault in an accident, and whether or not you are partially responsible. It can be simple to identify who is responsible in some situations, such as when someone runs a stop sign and broadsides another vehicle, but it's not always that simple. This is true in incidents involving just one or two cars, and it becomes significantly more common in collisions involving three or more cars.
It is possible to file a claim for a car accident that was partially your fault, but you should consult with an experienced CT car accident lawyer who can provide legal expertise and guidance.
The team at Brandon J. Broderick, Attorney at Law is here to help. Call us today to schedule an appointment.
Connecticut: "At-Fault" or "Tort" State
Connecticut is a "tort" state, which means that the insurance provider of the driver who was at fault is responsible for paying for the other driver's injuries. The at-fault driver's insurance will then pay for the other driver's damages after the police and insurance companies determine who is at fault based on a number of variables.
However, the "fault" might also be shared among drivers. For instance, both drivers are responsible for an accident if one driver is found to be 20% at fault while the other motorist is found to be 80% at fault.
What If You Are Partially At Fault?
If you contributed to the accident that resulted in your injuries, are you still entitled to compensation? Even if your actions contributed to the accident, you can still file a claim. You cannot sue for damages in this situation in some states due to their laws, although you can in others. Understanding the rules of your state is important.
The "modified comparative negligence" standard used in Connecticut is as follows:
“In causes of action based on negligence, contributory negligence shall not bar recovery in an action by any person or the person’s legal representative to recover damages resulting from personal injury…if the negligence was not greater than the combined negligence of the person or persons against whom recovery is sought including settled or released persons under subsection (n) of this section. The economic or noneconomic damages allowed shall be diminished in the proportion of the percentage of negligence attributable to the person recovering which percentage shall be determined pursuant to subsection (f) of this section.”
The law is fairly simple. It means that you cannot file a personal injury claim in Connecticut if your degree of fault is greater than the defendant's. If the defendant is deemed to have been more negligent than you were, you may be entitled to compensation for your losses.
Your percentage of fault will be deducted from the overall amount of damages you are awarded when determining compensation for injuries. In conclusion, your degree of negligence will be compared to that of the other parties under Connecticut law.
An example of this would be if: you were found to be 20% at fault and you were awarded $10,000 in damages, you would receive $8,000 from the other driver's insurance company. Of note, if you are found more liable for the accident than the other driver (i.e. more than 50% your fault), you will receive no financial compensation.
Car Accident Attorneys You Can Trust
It may seem difficult to pursue a legal claim after a car accident, but we urge you to think about hiring our team of accident lawyers at Brandon J Broderick to guide you through the process.
Without a strong claim, the insurance company may offer a very low settlement that may not even cover your losses. Or, they could refuse to pay anything, especially if you contributed in some way to the accident.
Call us today, and let us help you get the compensation you are entitled to.