When a car accident occurs, it can result in injuries not only to the driver but also to the passengers. In Connecticut, if both the driver and a passenger are injured, many wonder if both individuals can file separate personal injury lawsuits. The good news is that, yes, they can. However, there are specific legal rules to be aware of that can affect the outcome of each case.

This article delves into the rights of both drivers and passengers in Connecticut when it comes to personal injury claims. We’ll also touch on the key laws that govern these types of claims, including Connecticut’s fault-based system and its comparative negligence rule, both of which could impact the compensation you’re entitled to.

If you were hurt in a car accident and need legal assistance, the CT car accident attorneys at Brandon J. Broderick, Attorney at Law can help you.

How Personal Injury Laws Work in Connecticut

Connecticut’s Fault-Based System

In Connecticut, car accidents are governed by a fault-based system. This means that the party responsible for causing the accident is liable for the damages incurred, whether those damages are related to medical bills, lost income, pain and suffering, or other consequences of the crash. Both the driver and passengers involved in the accident have the right to file claims against the person or entity at fault.

The same basic rules apply whether you’re the driver or the passenger. The key is proving that the other party’s negligence caused the accident, which opens the door for both the driver and passenger to pursue separate lawsuits for their respective injuries.

Understanding Comparative Negligence

Connecticut follows a modified comparative negligence rule for legal claims involving car accidents. This means that if you are partially at fault for the accident, your potential compensation will be reduced by the percentage of fault assigned to you, as long as you are 50% or less at fault. Any parties found to be more than 50% responsible for the accident are barred from suing for compensation.

As an example, let’s say you’re the driver in an accident, and the other party was found to be 70% responsible, while you were assigned 30% of the blame. In this case, you can still file a personal injury claim, but your final compensation will be reduced by 30%. The passenger, on the other hand, is almost never at fault in such situations, which means they can pursue a full claim against the party responsible.

Filing Personal Injury Lawsuits: Driver vs. Passenger Rights

The Driver’s Right to File a Personal Injury Claim

As a driver, if you’re injured in a car accident and another party is to blame, you have the right to file a personal injury lawsuit. You can seek compensation for various damages, including medical expenses, lost wages due to time off work, and even the emotional toll the injury has had on your life. If the accident involves multiple vehicles, you might be able to file claims against several drivers or entities involved.

Drivers may face an additional hurdle if they’re partially at fault for the accident, but as long as the fault is not greater than 50%, Connecticut law allows you to recover compensation for your injuries.

The Passenger’s Right to File a Personal Injury Claim

Passengers are typically in a stronger legal position when it comes to filing personal injury claims. This is because passengers rarely share responsibility for causing the accident. As a passenger, you can file a personal injury lawsuit against the at-fault driver, whether they were driving your vehicle or the other vehicle involved in the crash.

If the driver of your vehicle is found to be responsible for the accident, you may file a claim against their insurance policy. Alternatively, if the other driver was at fault, you can seek compensation through their insurance. Importantly, your personal relationship with the driver of your vehicle does not affect your right to file a claim.

Multiple Claims and Multiple Parties

In certain situations, both the driver and passenger may file claims against more than one party. For instance, if a third-party driver was responsible for the accident, both the driver and passenger of the impacted vehicle can file claims against that driver’s insurance policy.

If more than two vehicles are involved in the accident, there may be several responsible parties, which allows for multiple claims to be filed. Consulting with a car accident attorney can help determine who is liable and how to approach filing claims to maximize your compensation.

Important Considerations for Personal Injury Claims

Gathering Evidence to Support Your Claim

Whether you’re the driver or passenger, strong evidence is important to a successful personal injury claim. Make sure to:

• Obtain a copy of the police report, which often includes details about who is at fault.
• Document your injuries through medical records to show the extent of your suffering and treatment.
• Take photos and videos of the accident scene and your injuries if possible, as these can be critical in proving your case.

Dealing with Insurance Companies

Connecticut requires drivers to carry liability insurance, which helps cover damages when they are at fault in an accident. However, insurance policies can have limits, and there are situations where the at-fault driver’s policy may not fully cover the damages for both the driver and passenger. In such cases, underinsured motorist coverage may come into play, especially if the damages exceed the at-fault driver’s policy limits.

Don’t Miss the Deadline

It’s also important to note that Connecticut has a two-year statute of limitations for filing personal injury lawsuits after a car accident. This means that both the driver and passenger have a limited window of time to file their claims. Acting quickly ensures that you preserve your right to seek compensation.

Call Brandon J. Broderick For Legal Help

Navigating Connecticut car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced car accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.