What Does it Mean to Be Partially at Fault?

Fault or negligence isn’t always clear-cut in personal injury cases. For instance, if you were involved in a car accident, there could be several contributing factors. Defendants and insurance companies may attempt to assign partial blame to you to reduce the compensation they owe. Even minor actions on your part can be scrutinized, such as:

• Driving over the speed limit
• Following another vehicle too closely
• Failing to use your turn signal, using it too late, or having a dim signal light
• Operating a vehicle with poor maintenance, such as dim headlights or malfunctioning brake lights
• Ignoring traffic signs or signals
• Failing to take an opportunity to avoid the accident due to inattention
• Reacting too slowly to changing road conditions

Insurance companies and opposing parties will often focus on these factors to reduce their liability. If they can successfully argue that you were more than 50% at fault for the accident, you will be barred from recovering any compensation under Connecticut’s modified comparative negligence rules.

How Does Modified Comparative Negligence Work?

Connecticut’s modified comparative negligence system allows injury victims to recover damages even if they are partially at fault, as long as their percentage of fault does not exceed 50%. The amount of compensation you can recover is reduced by your percentage of fault.

For example, suppose your total damages amount to $20,000, but you are found to be 20% at fault for the accident. In that case, your compensation will be reduced by 20%, meaning you would receive $16,000. However, if you are found to be 51% or more at fault, you will not be entitled to recover any compensation.

This system is designed to ensure fairness by holding all parties accountable for their role in an accident. However, it also gives defendants and insurance companies an incentive to argue that you bear the majority of the fault to avoid paying damages.

Why You Need an Experienced Connecticut Personal Injury Attorney

Personal injury cases, especially those involving modified comparative negligence, can quickly become complex. Determining fault often requires a thorough investigation, gathering evidence, and presenting a strong legal argument. Insurance companies and defense attorneys have teams of professionals working to minimize their liability, and they may use any evidence they can to shift blame onto you. This is why it’s critical to have an experienced personal injury attorney on your side.

At Bert McDowell Injury Law, we understand how Connecticut’s modified comparative negligence laws work and how to protect your rights. We will investigate your case thoroughly, gather evidence to establish liability, and fight to ensure you receive the compensation you deserve. Whether you’ve been injured in a car accident, slip-and-fall, or any other type of accident caused by someone else’s negligence, we are here to help.

Don’t Let Partial Fault Stop You from Seeking Justice

If you’ve been injured in an accident in Connecticut, don’t let the fear of being partially at fault prevent you from seeking compensation. Even if you bear some responsibility for the accident, you may still be entitled to recover damages for your medical expenses, lost wages, pain and suffering, and other losses.

Call Bert McDowell Injury Law today at 475-231-3274 to schedule a FREE consultation. Our dedicated legal team will review your case, explain your options, and guide you through every step of the legal process. Let us handle the legal complexities so you can focus on your recovery.

Contact Bert McDowell Injury Law

Don’t wait to get the help you need. Connecticut’s statute of limitations places a time limit on how long you have to file a personal injury claim, so it’s crucial to act quickly. Call us today at 475-231-3274 or fill out our online contact form to get started. At Bert McDowell Injury Law, we are committed to fighting for justice and securing the best possible outcome for every client we serve.