Car accidents in Connecticut can lead to serious injuries, costly medical bills, and complicated legal battles. When it comes to determining who is at fault for the accident, Connecticut follows the "comparative fault" rule, which can significantly impact the amount of compensation you may be able to recover in a personal injury claim. Understanding how comparative fault works in Connecticut is important for anyone involved in a car accident, especially when multiple parties share responsibility for the crash.

Comparative fault, also known as comparative negligence, assigns a percentage of fault to each party involved in the accident. This percentage directly affects the compensation a victim can recover. In the following blog, our team explains how Connecticut’s comparative fault laws impact car accidents, how fault is determined, and what injured victims need to know when filing a claim.

With any legal claim, it’s important to ensure you are represented by a professional who can guide you. The team of experienced car accident lawyers at Brandon J. Broderick, Attorney at Law can provide the support you need.

What is Comparative Fault?

How Comparative Fault Works in Connecticut

In Connecticut, there are “modified comparative fault” rules, which allow accident victims to recover compensation for an accident, even if they were at fault to some degree. However, under Connecticut’s comparative fault rule, if the victim is found to be 51% or more at fault for the accident, they cannot recover any compensation. This system ensures that a victim who is primarily responsible for the accident cannot seek damages from the other party.

For example, if you are found to be 30% at fault for a car accident and your total damages amount to $100,000, your compensation will be reduced by 30%, meaning you would receive $70,000. But if you are found to be 51% or more at fault, you would be unable to recover any compensation for your damages.

This rule is important in determining the outcome of car accident claims and emphasizes the importance of establishing fault accurately. Each party’s percentage of fault will affect the amount of compensation they can receive or owe.

Determining Fault in a Connecticut Car Accident

Determining fault in a car accident is not always straightforward, especially when multiple vehicles are involved. To assign fault, investigators may rely on evidence such as:

• Police Reports: These documents can provide an official account of the accident, including observations made by law enforcement officers at the scene.
• Eyewitness Testimonies: Statements from witnesses who saw the accident can help clarify what happened and who may be responsible.
• Accident Scene Photos: Photos taken at the accident site can provide visual evidence of vehicle damage, road conditions, and other important factors.
• Surveillance Footage: In some cases, security cameras or dashcams may capture the moments leading up to the accident, providing valuable insight into who caused the crash.

Both insurance companies and courts use this evidence to assign percentages of fault to each party involved. Because of the importance of accurately determining fault, gathering as much evidence as possible after an accident is essential to building a strong case.

Connecticut’s Modified Comparative Fault Rule

The 51% Bar Rule

Connecticut’s modified comparative fault rule, sometimes called the "51% bar rule," plays a significant role in personal injury cases. If a victim is found to be 51% or more responsible for the accident, they will be completely barred from recovering any damages. However, if their fault is 50% or less, they can recover a percentage of the damages based on their level of fault.

This rule encourages fairness by preventing individuals who are primarily responsible for an accident from seeking compensation while still allowing those with minimal fault to recover damages for their losses. However, it also highlights the importance of securing legal representation to ensure that fault is assigned accurately and that you do not unfairly shoulder the blame for the accident.

Impact on Insurance Claims

When filing an insurance claim after a car accident in Connecticut, the insurance companies will conduct their own investigation to determine fault. They will assign a percentage of fault to each party based on the evidence gathered. This percentage will affect how much each insurance company is responsible for paying out.

For example, if you are 20% at fault for the accident, your compensation from the other party’s insurance will be reduced by 20%. Understanding how comparative fault works in Connecticut can help you negotiate a fair settlement with insurance companies and avoid being blamed for more than your fair share of the accident.

If you disagree with the insurance company’s determination of fault, you may need to consult an attorney to dispute the findings and present additional evidence to support your claim.

Protecting Your Rights in a Comparative Fault Case

Gathering Evidence

In any car accident claim, gathering strong evidence is important to proving fault and maximizing your compensation. After an accident, be sure to collect the following:

• Photos and Videos: Take photos of the vehicles, the accident scene, and any visible injuries. If possible, record videos as well.
• Police Reports: Always file a police report after a car accident. This report will serve as an official record of the incident and may contain key information for your claim.
• Witness Information: Collect the contact information from any individuals who may have witnessed the accident. Their statements may be essential in determining fault.
• Medical Records: Keep detailed medical records of your injuries, treatment, and any medical expenses related to the accident. These records will help  support your claims for damages.

Legal Representation

Connecticut’s comparative fault laws can be difficult to understand, especially when insurance companies attempt to assign a higher percentage of fault to reduce their payout. Retaining the services of an experienced personal injury attorney can make a significant difference in how your claim turns out in the end. An attorney can help you gather evidence, negotiate with insurance companies, and ensure that fault is assigned fairly.

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 consultation.