Determining who is to blame in a car accident isn't always simple. Assigning fault is an important piece to getting the compensation you deserve if you've been hurt in a Connecticut car accident. So, it's important to understand what you are required to establish fault in your claim.
We offer up information you need to know about car accident claims, how a CT car accident lawyer can assist you in determining liability, and understanding the laws governing accidents. Building your case, the statute of limitations, and typical mistakes to avoid are just a few topics you will read about below.
If you find yourself in the middle of a car accident case, we highly recommend that you consult with an experienced lawyer, such as Brandon J. Broderick, Attorney at Law. Our expertise in car accident claims will help you not only determine who is at fault and the strength of your case, but also how to maximize the settlement or judgment you receive.
Proving Fault In A Connecticut Car Accident
In order to establish liability in a motor vehicle accident in Connecticut, you must present proof that another party's actions contributed to the collision. Photographs, video footage, eyewitness testimony, and a police record are all examples of evidence that can help prove your case.
The fundamentals of establishing liability in a car accident in Connecticut are actually quite straightforward. Fault in an accident is based on negligence and comparative fault. When a driver does not take reasonable precautions to prevent hurting another person or their property, that person could be considered negligent. In a car accident, comparative fault is used to determine each party's percentage of fault, which would be anywhere from 0% to 100%.
Each party will be assigned a certain percentage of fault after an investigation that is deemed appropriate. In an accident where a driver runs a red light and causes a car accident while the other is discovered to be above the speed limit as a result of tailgating the responsible person, both parties would have some fault assigned to them.
In Connecticut, which follows a modified version of comparative fault, the plaintiff may seek damages from the defendant(s) as long as they are not determined to be at least 51% at fault for the accident or the injuries suffered. Plaintiffs are entitled to compensation for their damages, which are reduced by the percentage of the plaintiff's fault if it is equal to or less than the defendant's.
Determining and proving fault in Connecticut can be challenging due to a variety of factors. It is important to thoroughly evaluate each claim in order to identify the liable party.
Evidence Needed To Prove Fault
In order to establish liability in an auto accident in CT, proof must be presented. To receive compensation from the party at fault, the responsible parties must be properly identified, and the victim's losses, damages, and injuries must be documented.
Video footage from traffic cameras, witness statements, photos from the scene of the accident, and police reports may all serve as proof of liability or negligence. In many cases, medical records may be used to determine who caused the accident. Having previous medical documents related to injuries from before the crash may be useful for the victims.
In some cases, when attempting to determine fault, it can be beneficial to retain expert witnesses. These types of witnesses can offer insightful testimony and even speak on behalf of the driver to argue that the other party's actions directly caused the accident.
When legal action is taken, it is important to prove fault so that you are fairly compensated for any resulting losses or injuries.
Which party was negligent will ultimately depend on the facts of each case and the available evidence. When determining negligence, it's important for those involved to consider if there were any laws broken or violations. Was there cell phone use involved or did one party fail to yield at an intersection? These are questions that should be asked and taken into account.
Steps To Take After An Accident To Support My Case
Follow the correct steps in order to acquire evidence to support your case if you are involved in a car accident and need to establish liability. The following are some of the most important steps you need to take:
- Photograph the Scene - Photograph the scene from all angles, and be careful to note down the license plate numbers of all the involved vehicles. Obtain the names and phone numbers of any witnesses who may have observed what happened.
- Information Exchange - As quickly as you can, get the other driver's contact and insurance information. Documenting any papers exchanged with police officials should also be done.
- Seek Medical Care - Even if you do not need emergency medical attention, have a physical examination by a doctor and have the results documented in case symptoms reappear later.
- Call the police to report the accident - Call the police and request a copy of their official report after it has been completed. This offers a credible, unbiased narrative of the accident that can be used as evidence in court.
- Consult with an Attorney - Speak with a qualified attorney who can advise you on the additional documentation you must obtain and who can help make sure your rights are protected.
Let Brandon J. Broderick Be An Advocate For Your Rights
When it comes to establishing fault in a CT car accident, experienced attorneys can be quite helpful. They will understand the legal system, have dealt with accidents like your own, and are knowledgeable about the relevant laws. They will also know what evidence is needed and be able to compile this evidence to support your case.
It may seem difficult to pursue a legal claim after a car accident, but we urge you to reach out to our team of lawyers at Brandon J Broderick to guide you through the process. Without legal counsel, the insurance company will try to give you a lowball offer or even decline to pay for the damages. It's possible that you'll be on your own to cover the price of your injuries. We will fight for what is right.
Call us today to ensure your case is handled properly. We work on a contingency basis and provide free case consultations. Unless we succeed in our claim, you owe us nothing.