After the initial shock of a car accident wears off and immediate medical concerns are addressed, victims are likely to have questions about the crash. Questions like who covers the cost of emergency care and ongoing medical treatment? What about lost wages and the cost of repairing a vehicle? The answers to these and other related questions depend on the laws in your state.
Connecticut uses a modified comparative negligence system when determining fault after a car crash. This legal framework essentially states that if someone is more than 50% at fault, they cannot receive compensation. However, if 50% or less at fault, the individual can recover damages reduced by the percentage of fault. The process to determine liability generally moves forward as follows.
Step #1: Investigation and evidence
An investigation is an important step towards establishing fault. Various sources of evidence can help. A police report, for example, can provide detailed documentation of the accident scene, witness statements, and any traffic violations. Photos of the accident scene, dashcam footage, traffic camera footage, witness statements, and vehicle repair records can also contribute to a more thorough understanding of the incident. In many cases, accident reconstruction experts are also helpful as they can analyze the accident and reconstruct the events leading to the crash, offering valuable insights.
Step #2: Analyze using the right system
Fault determination hinges on proving negligence and understanding the following comparative negligence principles:
- Negligence: Establishing fault requires demonstrating that the other driver failed to act as a “reasonably prudent individual” would have under the circumstances.
- Comparative negligence: When both parties share fault, the court assigns a percentage of fault to each driver.
- Modified comparative negligence: As noted above, in Connecticut, you can recover compensation if 50% or less at fault, but the court will likely reduce your damages to reflect your portion of fault.
A basic understanding of this system can help car accident victims to better ensure they receive fair compensation after a crash.
Step #3: Seek legal counsel
It is important for victims of these accidents to know they do not need to navigate the legal system on their own. Legal counsel can help and advocate on your behalf when dealing with insurance adjusters, other responsible parties, and, if necessary, the court system. Insurance adjusters are not easy to deal with, as these professionals may attempt to assign blame to the accident victim. Remember, the goal of an insurance adjuster is to protect their bottom line, not your best interests.
It is also important to note that other parties may bear some responsibility for the accident. In a recent example, a lawsuit is moving forward against local businesses that were aware of dangerous street racing but did little to address the problem. One such race led to a catastrophic accident, seriously injuring six and leading to the death of a seventh. The victims argue that had the businesses spoke out, officials could have intervened and increased enforcement efforts in the area so that the race that led to the crash would not have occurred. Since they did not, the victims stated the businesses have some financial responsibility to cover the costs resulting from the accident. This is just one example of the importance of a thorough review of a car accident case — liability may be present in areas you do not expect.
Victims who wish to determine fault and protect their legal rights in a Connecticut car accident case are wise to take a proactive approach. By understanding the process, you can better navigate the system and work towards a reasonable resolution.