In Connecticut, determining who is at fault in a car crash may involve the state’s modified comparative negligence law. Under this law, a plaintiff may be able to recover damages even if he or she is 50% or less responsible for the collision that caused the injuries and damages.
How it works
When a car crash case proceeds to trial and there is a dispute about who was at fault, the jury may consider the possible negligence of both drivers. The plaintiff (the injured party filing suit) may not recover damages for the percentage that he or she was at fault for the collision.
For example, if the plaintiff was 40% at fault for the crash and the total damages awarded were $100,000, the compensation would be reduced to reflect the plaintiff’s level fo responsibility. In this case, the plaintiff would receive $60,000, not the full $100,000, because he or she was 40% at fault.
What to do to ensure full compensation
Insurance companies may attempt to place more blame or responsibility for a crash on the person making the claim to minimize their payout. Because of this, it’s important to gather as much evidence as possible to prove the other driver was at fault. This may include accident reports, witness statements, photographs of the scene and any other relevant documentation. An attorney is an important part of the process because he or she will have experience doing this.
Legal guidance can be crucial
Proper legal representation can help avoid costly mistakes, protect interests and navigate the intricacies of the claims process. It can also increase the likelihood of getting the compensation deserved even if the plaintiff contributed to the crash.