When you get into a car accident in Connecticut, you will file a claim with the at-fault driver’s insurance to be reimbursed for your losses. Establishing who is at fault determines who will pay your financial losses due to your injuries. This can be a complicated process, so working with our team at Moore, O’Brien & Foti is important to ensure you recover all your available damages after an accident. Below we discuss how fault is determined in a Connecticut car accident and how it can impact your final settlement.

Understanding Connecticut’s Comparative Negligence Rules

You can recover losses related to your accident through the state’s comparative negligence laws, detailed in Connecticut General Statute § 52 – 572h. This statute allows accident victims to recover damages as long as you aren’t more at fault for causing the accident than the other driver. Determining who is the most at fault for the accident is decided by a judge or jury, who assigns a percentage level of fault for each party involved in the accident based on evidence provided in the case.

Comparative Negligence

In Connecticut, you can only recover damages if it’s determined that the other driver was at least 50% at fault. If your actions contributed more than 50% to the accident, you’re not eligible to recover damages. When you contact our office, we’ll review the circumstances of your case to determine whether you’re eligible to recover damages.

How Comparative Negligence Works in Connecticut

It’s rare for one party to be solely at fault for the accident. That is why Connecticut courts only allow accident victims to recover damages if the other driver’s actions contributed more than 51% to the accident. A judge or jury reviews evidence related to the case, such as police reports, eyewitness testimony, video, and photo evidence to determine each party’s percentage of fault. The total amount of available damages is also calculated. Then, your judgment is reduced by the percentage of fault you had in the accident. For instance, if it’s determined that you’re 25% at fault for the accident and your total losses are estimated at $10,000, you could recover up to 75% ($7,500) of the total damages.

How Damages Are Calculated

Your settlement or verdict amount is determined by evaluating the total economic and noneconomic damages available in the case and then reducing your award amount by your percentage level of fault. Economic damages include medical care expenses, lost wages, and diminished earning capacity. Noneconomic damages are losses without monetary value, such as mental, emotional, or physical pain and suffering.

Moore, O’Brien & Foti: Connecticut Accident Attorneys

Dealing with the aftermath of a car accident is challenging, especially when you’re injured. Don’t face the court system or the responsible party’s insurance company alone. Contact Moore, O’Brien & Foti to help you recover all your available damages for financial losses related to your accident. Call our office at 203-586-0022 for a free consultation to discuss your case. Or, contact us online to get started.